I
^- \:Jt
•I
-^ ^
._^^.-^^^*^ X^
I
¥
iT
'*%:EK '
^THE L^WS
•
AND
jaEVISED ORDINANCES
OP THE
W 5
43X1 OF NEW ORLEANS.
'i.
k
■«(•
*.
r^ # «i
IP'
M
i
THE LAWS
GENERAL ORDINANCES
OF THE
CITY OF NEW ORLEANS,
TOGETHEU WITH IITE
ACTS OF THE LEGISLATURE, DECISIONS OP THE SUPREME COURT,
AND CONSTITUTIONAL PROVISIONS, RELATING
TO THE CITY GOVERNMENT.
REVISED AND DIGESTED,
PURSUANT TO AN ORDER OF THE COMMON COUNCIL,
BY
HENRY J. LEOVY.
NEW ORLEANS:
PRINTED BY E. C. WHARTON, 41 CAMP STREET.
1857.
Entered according to Act of Congress, in the year 1857, by
HENRY J. LEOVY,
In tlie Clerk's Office of the District Court of the United States, for the
Eastern District of Louisiana.
ffc^
PREFACE
In July last the Common Council passed a resolution directing the
reviser to prepare and publish all the general ordinances of the city
of New Orleans, then in existence, together with Acts of the Legisla-
lature and Decisions of the Supreme Court relating to the City G-ov-
ernment. They also authorized him to frame, from imperfect and
conflicting ordinances, new city laws for the action of the council.
Under that resolution this work was compiled.
In order to ascertain what city laws remained in existence, it became
necessary to carefully examine all ordinances enacted by the several
municipality and city councils from the time of the incorporation of
the city in 1805, to the present year. During that period of over half
a century, few digests were published, and many of the ordinances in-
corporated in this book were contained only in old files of newspapers
and manuscript works.
Some idea of the extent of the labor may be inferred from the fact
that, since the consolidation of the city in 1852, a period of but four
years, the Common Council have adopted over thirty -three hundred
ordinances and resolutions. All these it was necessary to carefully
examine, not only for the purpose of selecting such city laws as
remained in existence, but in order to ascertain how far they repealed ^
modified or controlled ordinances previously enacted.
Under the authority to prepare new ordinances the compiler wrote
and submitted to the council those relative to ^^ Offenses and Nuisances/^
"Balls, Theaters, etc. /^ "Coffee Houses/^ "Cemeteries and Inter-
ments;" "Buildings/^ "Fire Limits;" "Preventing and Extinguishing
Fires;" "Powder and Powder Magazines;" " Negro Traders;" "Trees;"
"Stables:" "Vehicles," etc., which were all adopted.
VI. PREFACE.
It will be observed that bis authority to prepare new laws was con-
fined to cases of conflicting and imperfect ordinances. He was therefore
without power to correct mere verbal inaccuracies, of which, it is
feared, too many will be found in this book.
It is hoped that this statement of the difficulties with which he has
had to contend, and the short time allotted for preparation, will suffi-
ciently account for the imperfections of the work.
All the ordinances are here printed as they were adopted, except that
in most instances the enacting clauses are omitted. Where acts of the
Legislature have been found too long for insertion, the compiler was
unable to do more than refer to the volumes and pages, in which they
were to be found. In the citations of Decisions of the Supreme Court
to the sixth Annual, he has made free use of Mr. Hennen's excellent
Digest of Supreme Court Decisions.
It would be unjust to omit here an acknowledgement of the services
of the finance committees of the Common Council, of whom Messrs. L .
H. Place and N. E. Bailey are the efficient chairmen. To these
gentlemen the compiler is under obligations for their suggestions and
efficient co-operation.
t>^<#»-*M.
^
INTRODUCTION,
HISTORICAL SYNOPSIS.
mmm^
In April, 1682, Robert Chevalier de 1^ Salle , un^er the patronage
of Lqjjjs Xiy and the Prince de Conti, descendejj and explored to
its month theMississmgi river. After an observance of the usual cere-
monies, he assumed possession of the country, and claimed for France,
by right of discovery, the vast territory through which the river flowed,
and in honor of his sovereign, gave to it the name of " Louisiane.'*
In 1687, La Salle lost his life in an attempt to colonize this country.
After his death, Louisiana seems to have been forgotten by the French
court until the year 1697, when a second and more successful effort was
made to plant a settlement in the country, by a company under the
command of Lemoyne d' Iberville, during the administration of the
Count de Pontchartrain. This party, early in 1699, landed on the coast
at a place they called the Bay of St. Louis, but subsequently effected a
settlement at the Indian village of BiLOXi, where for many years were
established the head quarters of the Louisiana colony. Antoine Le-
moyne SauvoUe, brother of Iberville, was appointed the first Grovernor,
and another of the brothers — Lemoyne Bienville — the first Lieutenant
Governor of Louisiana.
On the 14th September, 1712, Louis XIV granted to Anthony
Crozat, by charter, the exclusive commerce for ten years of this province,
with many extraordinary privileges, and extended over the country
the laws, edicts and ordinances of the realm, and the Custom of Paris.
Lamotte Cadillac was appointed Governor. By a perpetual edict,
Louis XV, in 1716, permanently established the Superior Council. It
mE
Vlll. W^x. INTRODUCTION.
was composed of the Grovernor General and Intendant of New France,
the Governor of Louisiana, a Senior Counsellor, the King's Lieutenant,
two puisne Counsellors and an Attorney General. Its sessions were held
monthly, and it exercised the usual powers of colonial councils, and among
others the right to determine, in the last resort, all cases, both civil and
criminal. In provisional matters, such as in affixing seals, making inven-
tories, etc., the senior counsellor officiated and presided as a judge of
the first instance.
Crozat had hoped to carry on. an extensive commerce with the Spanish
colonies. In this expectation he was disappointed, as the Spaniards, at
the request of the English government, refused to permit French vessels
to enter their colonial p¥>¥tes?» Disappointed, and himself and friends
i-uined, Crozat, in Mij,»u1j 1717, surrendered to his sovereign his -eharter
and commercial rights and privileges. At the *tima of-this surrender,
the whole population of the colony — all ages, sexes and colors — did not
exceed seven hundred persons.
In August, 1717, the ^'Western Company" was organized and incor-
porated in France. To this company the King granted letters-patent,
vesting in them the exclusive commerce of Louisiana for twenty-five
years; the privilege of granting land allodially; of erecting forts
and levying troops; of nominating governors and commanding officers,
and the right to exercise full authority over all land, coasts, harbors and
islands within the limits of Louisiana, together with unusual and very
extensive incidental powers.
Finding Biloxi ill adapted to the requirements of a seat of government,
Bienville in 1718, selected the site and founded the city of New Orleans.
Two plans for the city seem to have been executed — one in 1719 by M.
de la Tour, chief engineer of the province, and the other in 1723 by M.
de Pauger, a royal engineer employed by the Western Company. The land
was laid off into sixty-six squares of three hundred feet each — eleven in
length along the river, and six in depth, with a protection levee exten-
ding some seven miles in front. The squares were separated by streets,
and were each divided into twelve lots, of which ten had sixty feet front
by one hundred and fifty feet in depth. A.s the city was subject to annual
inundations, everj square was surrounded by a ditch or drain to carry off
&
m
INTRODtJCTION. ll.
the water. The lots were gratuitously divided among the resident pop-
ulation.
In January, 1722, when it became the seat of government for the whole
Louisiana colony, it contained but two hundred inhabitants, and consisted
of ^^about one hundred log cabins, placed without much order, a large
wooden warehouse, two or three dwelling houses that would not have
adorned a village, and a miserable storehouse, which had at first been
occupied as a chapel.'* Subsequently, and up to the date of the transfer
to the United States, it was regularly fortified and the inhabitants obtained
ingress and egress by means of four large gates. The fortifications were
^, defended by military works and mounted with heavy cannon ; the gates
were closed every night at nine o'clock, after which hour no one was
permitted to walk the streets without permission of the Grovernor.
From time to time plantations were established in the vicinity above
and below the city, which were subsequently included within its incor-
porated limits.
At about the time of the removal of the capital to New Orleans, Louisi-
ana was divided into nine cantons which were named New Orleans, Biloxi,
Mobile, Alabamons, Natchez, Nachitoches, Yazoo, Arkansas and Illinois.
In 1719,'some changes were made in the organization of the Superior
Council, and incompliance with the demands of the people, judges were
appointed for the several districts of the province. Inferior tribunals
were also established, composed of one director of the company and
two notable inhabitants for civil suits, and four inhabitants for criminal
causes, with power of appeal to the Superior Council. In the city, two
• of the members of the council held weekly sessions to try cases where
the amount involved did not exceed twenty-two dollars.
The Western Company failing in their anticipations, surrendered their
charter to the King, in January 1732, and the commerce of the colony
thenceforth became equally free to all French subjects. Judge Martin,
in his. history, says, ^'It cannot be denied, that while Louisiana was part
of the dominion of France, it never prospered but during the fourteen
years of the company^s privilege.'*
After the relinquishment of the charter, the Superior Council was
remodeled to adapt it to the changes in the administration, and
B*
X. INTRODUCTION.
during the remainder of the French reign, the affairs of the colony
were directly superintended by the French Government.
On the third of November, 1762, a secret treaty was signed at Paris,
between France and Spain, by which the French King ceded to the Span-
iards all of the province of Louisiana, lying to the west of the Mississippi,
and that portion lying to the east bound'ed by the river Iberville, lake
Maurepas and Pontchartrain, the Gulf and the Mississippi river, and
including the city of New Orleans.
In the following year, (1763,) by a treaty made at Paris in February,
between Great Britain, France and Spain, France ceded to Great Britain
all her possessions in North America, not already granted to Spain, and
Spain gave to Great Britain, Florida, etc. By this treaty the limits of
the English and Spanish possessions were "fixed by a line drawn along
the Mississippi river, from its source to the river Iberville, and thence
by a line in the middle of that stream, and lakes Maurepas and Pontchar-
train to the sea,'^ all to the east of this line belonging to Great Britain,
and that to the west belonging to Spain. Great Britain gave to that
portion of Louisiana acquired from France, the name of West Florida.
In the fall of the year 1766, Don Antonio de Ulloa arrived in New.
Orleans with two companies oT' infantry to tak^possession, in the name
of the Spanish King, of the colony of Louisiana. The people resisted,
and Ulloa declining to exhibit his authority, was ordered by the Superior
Council, in 1768, to leave the country.
On the 18th of August, 1769, Don Alexander O'Reilly, in command
of a large Spanish force, arrived in New Orleans, with authority to
receive possession of the province. No resistance was made, and on
that day, at three o'clock, in the presence of the French and Spanish
troops, in the '^ Place d' Amies" (now Jackson square) the French flag
was lowered and that of Spain unfurled, and the government passed from
the hands of the French to those of the Spanish authorities.
We have seen, that while Louisiana was under the dominion of France,
by the charters of Crozat and the Western Company, the Customs of the
provosty and viscounty of Paris, and the laws and ordinances of the
kingdom of France, were extended to Louisiana. As O'Reilly made
many changes in the system of laws in the province, we will, before
INTRODUCTION. XL
leaving the subject of the French dominion in Louisiana, very briefly
explain the nature and history of the "Customs of Paris/' and this will
be the loss unimportant from the fact that the Civil Code, now in exis-
tence in Louisiana, owes to those customs many of its important
principles.
Before the fifteenth century, the French judges were compelled to
decide causes conformably to " customs" of different provinces which
had never been reduced to writing. Great uncertainty in the law was
the consequence, until Charles VII, in 1458, ordered the " customs" to
be written, by commissioners appointed for that purpose, and directed
that nothing should be considered or cited as a custom that was omitted
in thewritings of the commissioners. Notwithstanding this edict, the
"custom of Paris" was not reduced to writing until the year 1510,
during the reign of Louis XII. This work was divided into sixteen titles,
and contained three hundred and sixty-two articles.* Upon these cus-
toms were subsequently written able treatises and commentaries by
Dumoulin, Chopin, Pithou and others. In addition to these customs,
several very important ordinances were adopted in France and extended
to LouisianSt ; . among others are the ^'ordinances relative to Civil Pro-
ceedings, in 1667; one in relation to criminal law, in 1670; to Com-
merce, in 1673 ; to the Marine, in 1681 ; tlie black code, in 1685 ; one
relating to Donations, in 1731 ; to Last Wills ^nd Testaments, in 1735;
and one on the subject of Substitutions, in 1737.
O'Reilly's commission as Grovernor and Captain General of Louisiana,
dated April 16, 1769, granted him " special power to establish in this
new part of the King's dominions, with regard to the military force,
police, administration of justice and finances, such a form of govern-
ment as might most effectually secure its dependence and subordina-
tion, and promote the King's service and the happiness of his subjects."
At this time the city was composed of 468 houses, and there were
3190 inhabitants. The population of the whole colony was 13,538.
O'Reilly abolished the Superior Council, and in its stead substituted Ji
the Cabildo . This body was composed of nix perpetual Regidors, two 5"^
f
* Those who wish to see an excellent analysis 0^ the Customs of Paris, are.
referred to Schmidt's Law Journal for May, 1841, page 15. - \
Xii. INTRODUCTION.
ordinary AlcadeSj an Attorney Greneral Syndic, and a Secretary, and
over these officers, the Grovernor presided in person. The regular
meetings of the Cabildo were held every Saturday, but the €rovernor
had the power of convening it at any time.
The ordinary Alcades were city judges, and tried civil and criminal
cases, when the defendant did not enjoy and claim the right to be
tried by a military or ecclesiastical judge. In all important cases
appeals were allowed to the Cabildo. This council did not itself sit as
an appellate court, but appointed for that purpose two regidors to act
with the Alcade who had rendered judgment. In certain classes of
cases, appeals were taken from the provincial tribunals to the Captain
General, and from him to the Koyal Audience in St. Domingo, and
thence to the Council of the Indies in Madrid.
The Cabildo was organized on the 1st December, 1769, under the
presidency of O'Reilly, who immediately after yielded the office of
Grovcrnor to Louis de Unzaga, who had been appointed his successor.
The officers consisted of a Captain General, a Governor, vested with
civil and military powers ; an Intendant, charged with the administra-
tion of the revenue and admiralty matters ; an Auditor of war and
Assessor of Government, whose duty it was to furnish legal advice to
the Governor; an Assessor of the Intendancy; Secretaries of the
Governor and Intendant; Treasurer and Comptroller; Storekeeper
and a Purveyor; Surveyor General; Harbor- Master; Interpreters;
Notaries Public ; Collector and Comptroller of the customs, and some
minor officers. Those who received more than three hundred dollars a
year were appointed by the crown, the others by the Governor or
Intendants in their respective departments. In 1775, the offices of
Governor and Intendant, were united in the person of Unzaga.
In every parish an officer of the army or militia was stationed, as
(civil and military commandant. He attended to the police and preser-
vation of the peace of the parish, examined the passports of all
travellers, and suffered none to remain within his jurisdiction, without
the license of the Governor. He also acted in a judicial capacity in
suits, where the amount in litigation did not exceed twenty dollars.
In other cases he received the petition and answer, reduced to writing
INTRODTTOTION. XIU.
the testimony and transmitted the record to the Grovernor, by whom it
was forwarded to the proper tribunal. He was authorized to punish
slaves and, to arrest persons charged with offenses, was commissioned as
notary public, made inventories and sales of estates, and attended to the
execution of judgments rendered in the city against parties residing in
his parish.
O'Reilly, in his capacity as Captain General, now issued, for the
government of the colony, a system of laws prepared at his order by
Uristia and de Key. They related principally to the institution of
suits and proceedings in civil and criminal actions. They were taken
from the laws of Castille and the Indies, and designed for the instruc-
tion of judges, officers and parties litigant, until a knowledge of the
Spanish laws and language could be acquired. In addition to this
system, and annexed to it, he published a compendious abridgment of
the criminal laws, and some directions concerning last wills and
testaments.
Judge Martin, in his history, observes that '^from this period it
is believed, the laws of Spain became the sole' guide of the tribunals in
their decisions. As these laws and those of Prance proceed from the
same origin, (the Roman Code,) and there is a great similarity in their
dispositions in regard to matrimonial rights, testaments and successions,
the transition was not perceived before it became complete, and very
little inconvenience resulted from it.^^
By a special proclamation, the Black Code, given by Louis XV, to
the province, was re-enacted.
In 1776, Bernard de Gralvez was appointed Governor and Intendant
of Louisiana in place of Unzaga, who had received the appointment of
Captain General of Caracas.
In 1786, Don Estevan Miro was appointed governor, civil and military,
of Louisiana and West Florida. He proclaimed stringent regulations
for the government of the people, forbade them leaving the city without
passports, required security for the payment of their debts before accord-
ing them permission to leave-, prohibited meetings of citizens without
first obtaining his consent, and directed that no one should promenade
the streets at night without urgent necessity, and then only with lights.
XIV. INTRODUCTION.
His successor was Francisco Louis Hector, Baron do Carondelct, a
native of France, who was appointed in 1791, and entered upon the duties
of his office on the 1st of January, 1792. The city had not previously
been lighted, and the police was deficient. In order to remedy these
evils a tax of one dollar and twelve cents was imposed on every chimney.
The total revenues excluding this tax, amounted to seventy thousand
dollars. He caused new fortifications to he built around the city, and
erected several forts above, below and behind the city. In May, 1794,
under his superintendence, the Canal Carondelet was commenced, to run
from the city to one of the branches of the bayou St. John, and it was
completed in 1796. During this year the Cathedral, whose foundation
had been laid in 1792 by Andre Almonaster, one of the Regidors, was
finished at his personal expense.
In 1797, the Regidors in the Cabildo were increased from their former
number of six to twelve persons.
Manuel G-ayoso de Lemos, in 1797, was appointed Governor. He died
in 1799. The Marquis de Casa-Calvo acted as Military Governor until
the appointment of his successor, Juan Manuel de Salcedo, in June, 1801.
On the 1st October, 1800, a treaty was concluded at St. Ildefonso be-
tween Spain and France, by which Spain promised to cede to France the
province of Louisiana. On the 21st March, this cession being efifected,
steps were made to take posession, and a form of government was adopted
for the province. France, however, did not receive possession of Louisiana
until the 30th November, 1803, when, in the presence of the French and
Spanish officers, the Spanish flag was lowered, and that of France sub-
stituted, and a formal delivery was made to the French commissioners.
But France did not remain long in possession. By a treaty signed at
Paris, on the 30th April, 1803, . Louisiana was ceded by France to the
United States, and on the 20th December, 1803, the United States
received possession of Louisiana, and ^'the tri-colored flag made room for
the striped banner, under repeated peals of artillery and musketry."
The French made no change in the laws during the twenty days of their
government, and ^^the return of Louisiana under the dominion of France,
and its transfer to the United States, did not for a moment effect the
Spanish laws in that province."
INTRODUCTION. XV.
The Fuero Viejo, Fuero Juzco, Partidas, Rocopilaciones^ Leyes de
las Indias, Autos Accordados and Eoyal Schedules remained parts of
the written law of the territory. '^To explain these, Spanish eommenta-
tors were consulted, and the corpus juris civilis and its commentators
were resorted to; and to eke out any deficiency, the lawyers who came
from France or Hispaniola read Pothier, D'Aguesseau, Dumouliu, etc."
El Fuero Juzco was- a compilation of the rules and regulations made
for Spain by its National Councils and Gothic Kings, and was published
about the year 693. It was the first of the Spanish codes, was originally
written in latin, and consisted of twelve volumes. It was translated into
Spanish during ihe reign of Ferdinand III, in the thirteenth century.
It was originally called the book of the Judges ^(El Fuero de los Jueces)
and corrupted into Fuero Juzco the title under which it was printed in
IGOO. El Fuero Viejo was published in 992. It was divided into five
books, and contains the ancient customs and usages of the Spanish Nation.
The Partidas (deriving its name from its seven parts — Siete Farttdas')
is a digest or code of the laws of Spain made in imitation of the Koman
Pandects. It was projected by Ferdinand III, and completed by his
son and successor, Alphonso. He nominated four Spanish jurisconsults
to whom he committed the execution of his plans. They commenced
the work in 1256, and accomplished it in seven years; but in consequence
of wars and revolutions, it was not promulgated until the year 1343. It
is said to be ^^thc most perfect system of Spanish laws," and a code that
may be ^^advantageously compared with any code published in the most
enlightened ages of the world." From this work many of the provi-
sions of our Code of Practice have been derived.
The Recopilacion of Castillo was promulgated in 1567, under the
authority and supervision of Phillip II. From that time until 1777
several new editions were published, and in them were incorporated laws,
rescripts and edicts, enacted since the first publication of the recopilacion.
This title was also given to the edicts and orders in council, which the
King sanctioned and caused to be published in one volume in the year
1745. This volume is more generally known as the Autos Accordados.
The Leyes de las Indias were a compilation of laws, first collected and
digested by Phillip IV, which had been prepared and published for the
Xvi; • INTROBtlOTION.
government of the immense colonies of Spain. Being in their arrange-
ment, ay imitation of the Kecopilacion of Castille, they were called
Recopilacion de las Indias, and were published in 1661.
On the 20th of December, 1803, Claiborne the American Governor,
announced by proclamation, that the government of Spain and France
over Louisiana had ceased, and that thenceforth the people of the United
States were to be governed by the laws of the United States.
On the 30th December, he established a court of common pleas com-
posed of seven justices, from which an appeal was allowed to the Governor
in all cases of over five hundred dollars.
By an act of Congress of March, 1804, Louisiana was divided into
two territories, and that portion, now the State of Louisiana, was denom-
inated the Territory of Orleans. To the Orleans Territory a Governor
was appointed for three years, who was empowered to appoint most of
the civil and military officers. The legislative power was vested in the
Governor and a council composed of thirteen freeholders of the territory.
The act created a superior court of three judges, and the Legislature
was authorized to establish inferior courts. There was, in addition to
these, a United States Court with Circuit court powers.
The President appointed registers and recorders of land titles, who
received atid recorded titles acquired under the Spanish and French
government ; and he also appointed commissioners who heard and de-
termined, in a summary manner, all matters respecting laud claims.
Their proceedings were first reported to the Secretary of the Treasury,
and then submitted to Congress for final action. This government thus
provided for the Territory of Orleans, went into operation the first of
October, 1804.
The first Legislature, which met in December, 1804, divided the
territory into twelve counties, and for each created an inferior court
composed of one judge, and at the same time, acts were passed regula-
ting the practice of the courts. Thedj^nitions of crimes and the mode of
proceeding were declared to be in ^cordance with the principles of the
English common law, and the v^iit of ITnleas Corpus and trial by jury
were introduced. This Legislature passed the first act for the incorpora-
tion of the city of New Orleans. The City Council was made to consist of
INTRODUCTION: « XVU.
fourteen Aldermen, and the officers were composed of a Mayor,
Kecorder, Treasurer, and subordinate officers. This act, which was
very long, was prepared with great care, and continued the charter of
the city until 1836 — when the city was divided into municipalities — and
in all the recent city charters, many of its provisions have been retained.
An act was also passed in 1805, creating a committee, composed of
members of the Legislature and two members of the bar, instructed to
prepare a civil and criminal code. This Legislature adjourned in
February, 1805.
In March, 1805, Congress passed another act, providing for the
Government of the Territory of Orleans. It authorized the Presi,
dent to establish a form of government in accordance with the ordi-
nance of 1787, and similar, with several minor exceptions, to that of the
Mississippi Territory. The Grovernor, Secretary, and Superior Judges,
were appointed by the President by and with the advice and consent
of the Senate. The Legislative Council (or Senate) was composed of
five, and the House of Representatives, of twenty-five members. The
-jiembers of the Legislative Council were chosen by the President, from
ten persons selected by the Territorial House of Represen^|i^. The
members of the House were elected by the people. ^^m
The first Legislature, under the new act of Congress,^Rcmbled in
New Orleans on the 25th January, 1806. They adopted a black code,
of which many provisions were retained in the black code recently
adopted by the Legislature, They appointed James Brown and
Moreau Lislet, members of the bar, commissioners to prepare, with the
aid of a committee of the Legislature, a civil code for the use of the
Territory, and instructed them '^to make the civil law, by which the
Territory was governed, the ground work of said code.''
The Legislature which met in 1807, abolished the county courts, and
in' their stead created parish courts — one for each parish, the Judge V
which was, ex-officio, Judge of probates and notary.
In 1808, Lislet and Brown, the code commissioners, reported ^^ a
Digest of the Civil Laws now in force in the Territory of Orleans, with
alterations and amendments adapted to the present system of govern-
ment,'' which was approved March 31, 1808. This work is now known
c
XVlll. INTRODUCTION.
as the old Code of 1808 ; most of its provisions and its arrangement
■ were taken from the Code Napoleon, a projet of which had been received
at New Orleans. It only "repealed such parts of the Civil Law, as
were contrary to, or incompatible with it." It did not contain many
important provisions of the Spanish law, and no rules in relation to the
proceedings or practice of the courts. It was therefore decided, that
the Spanish laws were to be considered as untouched, when the Digest
or Civil Code did not reach them.
In February, 1811, Congress passed an act authorizing the people of
the Territory, to make a Constitution and form of government, prepara-
tory to its admission into the Union as one of the States. In Novem-
ber, a convention to frame the Constitution, assembled at New Orleans
and completed their labors, and adjourned on the 22d January, 1812.
By the Constitution thus prepared, the judicial power was [.vested in a
Supreme court and certain inferior courts. The Supreme court was
to be, composed of not less than three nor more than jfive Judges. Its
jurisdiction was limited to appellate causes, and extended to civil cases,
where the matter in dispute exceeded three hundred dollars. The Con-
vention made the Kentucky Constitution their model, and adopted most
of its provisions. This Constitution continued the fundamental law
of the State, and unamended until the year 1845.
On the 10th January, 1812, the first steamboat reached New Orleans.
In April, 1812, Congress passed an act for the admission into the
Union of the Territory of Orleans, and restored to it the name of
Louisiana, and the act was to be in force from and after the 30th April.
A few days after, another act was passed extending the limits of the new
State, so as to include the country south of the Mississippi Territory, and "
east of the Mississippi, river and the lakes as far as Pearl river.
/Th€ first State Legislature of Louisiana assembled on the 27th June,
1812, and their first act was one assenting to the annexation of the new
parishes. They organized the Supreme court and made it consist of
only three judges. Hall, Mathews and Derbigny were appointed the
judges.
On the eight day of January, 1815, the battle of New Orleans was
fought.
INTRODUCTION. xix.
In February^ 1815, Frangois Xavier Martin was appointed a judge
of the Supreme court, and continued on the bench until March, 1846.
As many parts of the old Spanish law still continued in existence
and remained untranslated, the Legislature, in March, 1819, ap-
pointed Lislet and Carleton to translate and publish "such parts of the
laws of the Partidas as are considered to have the force of law in this
State.'' This work was completed and published in two volumes, with a
preliminary history of the Spanish law.
The old Code of 1808, being found inadequate to the wants of a
growing commercial community, Livingston, Derbigny and Lislet were
appointed by act March 14, 1822, to remodel it. The new Civil Code
prepared by these gentlemen, went into operation in 1825. An act,
approved April 12, 1824, declares that it shall be in force from the day
of its promulgation, and provides for the mode of promulgating it. In
New Orleans, it was thus promulgated on the 20th May, 1825. An article
of this Code repeals all laws for which the Code specially provided, and
the act of 12th March, 1828, repealed all the old Code of 1808, except
so much of title ten as is embraced in its third chapter, which treats of
the dissolution of communities or corporations.
As most of the provisions of both the old and new Codes and their
general arrangement were derived from the Code Napoleon, a brief his-
tory of that work, it is believed, will prove not uninstructive.
We have already seen that Charles VII, by the general ordinance of
August, 1453, ordered certain commissioners to reduce the Customs of
France to writing, and forbade a citation of other customs, than those
thus written. All the customs were reduced to writing between the
reigns of Louis XII, and Henry IV. During the sixteenth century the
customs were revised by distinguished Jurists, "and the jurisprudence
of France began to assume unity and consistency." Dumoulin was
one of the first and the ablest of the commentators. He was followed
in the seventeenth century by Domat, and in the eighteenth by Pothier,
whose great works reduced the French laws to a harmonious system.
These great jurists were seconded in their efforts by the French Sov-
ereigns. During the reign of Henry III, Lamoignon and D'Aguesseau,
uuder his direction, prepared the ordinance of 1667, in relation to civil
XX. INTRODUCTION.
proceedings ; the ordinance of 1670, concerning criminal law ; tliat of
1673, relative to commerce ; the ordinance of 1681, on the subject of
the marine ; the black code of 1685, and others. Under Louis XY, the
following ordinances were adopted : — in 1731, the ordinance relative to
donations ; in 1735, that concerning last wills and testaments ; in 1737,
the ordinance concerning substitutions; and in 1771, an ordinance in re-
lation to mortgages ; and many were enacted during the reign of Louis
XVI.
Finally, Napoleon, when first consul, appointed commissioners to
revise and connect all the ordinances, and make one general Civil Code.
The commission was composed of Tronchet, Portalis, Preameneau and
Malleville. Theiv j)roJet was submitted to the courts of cassation and
appeal, and underwent a rigid examination, first, in the Council of
State, where Napoleon participated in the discussions, and then in the
Legislative body, and was subjected to the closest scrutiny by all these
and other authorities.
By a decree of March, 1804, the civil laws of France were declared
to be united in this work, which thenceforth became the law of the land,
under the title of the Civil Code of the French. In September, 1807,
the titl^ was changed to that of the Code Napoleon, by which name, in
spite of the act of August, 1816, it is still known, and cited all over the
civilized world.
The Committee of three Jurisconsults, appointed by act of 1822, to
revise the Civil Code, were also instructed to prepare a Commercial Code
and a Code of Practice. That on Commerce was never adopted ; the
Code of Practice was enacted in April, 1824, but in consequence of delay
in promulgation, did not become law throughout the State, until 2d
October, 1825; It was written in French and translated into English.
By an act, approved March 25th, 1828, all rules of practice, with one or
two exceptions, not contained in the Code of Practice, are declared
repealed, and the act of 12th April, 1824, repeals provisions in the Civil
Code conflicting with those of the Code of Practice.
By section 25 of the Act of 1828, before refered to, all the civil laws
in force before the promulgation of the Civil Code, with one exception
only, were declared abrogated, and thus the Legislature in a law of four
INTRODUCTION. XXI.
or five lines, swept away those old French, Spanish and Roman laws that
had been the guide and government of the people of Louisian for over a
century. It may be well however, to observe that the Supreme Court has
decided '^that the Spanish, Roman and French civil laws which the
Legislature repealed, are the positive, written, or statute laws of those
nations, and of this State ; and only such as were introductory of a new
rule, and not those which were'merely declaratory — that the Legislature
did not intend to abrogate those principles of law, which had been estab-
lished or settled by the decisions of courts of justice."*
In 1836, (Act March 8th, 1836) the city, was divided into three
Municipal corporations, each having a Council, Recorder and other
Municipal officers. Above these was a Mayor and General Council for
the whole city. Where the Legislative powers of the Councils of the
Municipalities ended, and those of the General Council began, was a
question of some difficulty, and the source of never ending conflicts and
quarrels.
In 1840, the number of Judges o.f the Supreme Court was increased
to five.
In 1845, a new Constitution was created, changing many of the
fundamental principles of the Constitution of 1812, and making the
basis of our system, conform to that of the neighboring States. This
in its turn has already been substituted by the Constitution of 1852,
with which all Louisanians are doubtless familiar.
In 1852, the Municipalities were again consolidated into one city
government, in which the legislative power was vested in a Board
of Aldermen and a Board of Assistant Aldermen, who together formed
the Common Council, and the executive power was lodged in the
city officers, consisting of a Mayor, Recorders, Treasurer, Comptroller,
Surveyor, Street Commissioner and subordinate officers. The city
was divided into three School Districts, and for each of them, the
Common Council annually elected a Board of School Directors. A
few days after the passage of the act of consolidation, another act was
adopted by the Legislature, annexing to New Orleans the city of La-
fayette, making it a fourth district, in all respects similar to the others
* See Reynolds vs. Swain, et als, 13 La. Reports, page 193.
XXU. INTRODUCTION.
and giving it a Recorder, and a Board of School Directors. These
statutes have been amended by the new city charter, enacted in March,
1856, but the provisions to which we have briefly alluded, were sub-
stantially retained.
It will be perceived by this brief synopsis of the history of our
city and state, that while we have retained in our public relations
and criminal law all that is good of the English jurisprudence, the
system of laws now in existence in Louisiana is the Roman or Civil
Law as we have received it from France and Spain, modified by the
legislation of their sovereigns and councils, and illustrated and adorned
by the commentaries of many generations of learned jurists — and
adapted, by the enactments of our own Legislature, to the requirements
of an age of commerce, of arts and sciences, and of unparalleled
civilization.
.^.♦»«^.
aENERAL ORDINANCES
ENACTED SINCE THE CONSOLIDATION OF THE CITY IN 1852. *
Archives— City Ordinance, Nos 950, 1171, 1861, 2257.
Assessors 134, 974, 3132, 3169, 3210, 3216, 3219, 3223.
Attorney, City 14, 229,342,481,1448, 1861, 1980.
Assistant City Attorney P^' ^^^^ ^^^^^ ^^^^^ ^^^^^
Assistant Uty Attorney | ^^^^^ 2121, 2324, 2415, 3096.
Awnings, Sheds and Hanging Signs 30, 3065, 3188.
Bakery, Bread ^ 1471, 1770, 3046.»
Balls, etc 290,481,3131.
Batture, 3029.
Bonds and Securities 130, 233, 2148, 3205.
Buildings, Builders, etc 2044, 3191, 3192.
Burials and Burial Grounds { ^19^97,^105,^2^34, 3174^
Cemeteries, (see "Burials,'^ etc.)
Census Commissioners 18, 89, 192.
Chain Gang 1489, 2493, 2902, 3179.
Chimneys — Stoves .- 2 1 79.
City Clock 89, 3041.
Claims 2370, 2573, 2932,2975.
Coffee Houses 195, 668, 985, 1593, 1947, 1667, 1848, 3134.
Collectors of Taxes, etc 27, 164, 167, 2238, 2420.
(41, 57, 102, 246, 327, 391, 392, 554, 588,
Committees, ] 1015, 1679, 2131, 2175, 2176, 2212, 2321,
(2561, 2926, 2932, 2939, 2959, 3136.
Common Council, 330, 1446, 1623, 1633, 2790, 2855, 2866.
Comntroller I ^^^ ^^^^ ^^^' ^^^^ ^^^^' ^^^4' 1^^^' ^^^^> ^099, 2141,
l^omptioiier.... | 2175, 2176, 2375, 2588, 2634, 2862, 3017, 2954,
n ri . in-f ri i.f f ^^2, 842, 1307, 1308, 1442 §17, 1759,
Consolidated City Deot,.... | ^^28, 1931, 2542, 2603, 2730, 3233!
* The numbers referred to are those of the city. The Ordinances are all
kept at the City Hall, and have been numbered since the year 1852.
XXIV. GENERAL ORDINANCES.
n , ^.. A n , ^ f 233, 246, 286, 318, 455, 722, 1394,
Contracts and Contractors, | 1^94^ i54o; 1696, 2156, 2975.
Coroner 239, 2254.
Cotton Presses and Pickeries w 977, 3150.
Draining 46, 2519, 2587, 2846, 2906.
Elections 36,121.
Evening Gun 292,702, 1824, 3203.
Factories, Slaughter Houses, Tanneries, etc 2084, 1601.
Ferries 1937.
Fire 3172.
p. p. . . ("217, 646 2178, 2206, 2347, 2455,
i^ire i^epartment |2492, 2540,2560,2744, 2913,3228.
Mre Bells P^^> ^^^^ ^^^^ ^^^^^ ^^^^^ ^^^^^
^^^^-^^^^^ |l803, 1815, 1898, 1950,' 2040, 3042.
Fire Limits 3191.
Fiscal Agent 2136, 2141.
Flatboat Basin 2204.
Foreign Paupers 2203.
Forges, Foundries and Steam Engines 3176.
Gas Works Company 3171.
Gunpowder and Powder Magazine 3193.
Health, Board of 1145, 2295.
Houses of Refuse I ^^^ ^^^ ^^' ^^^^ ^2^' ^^9, 425, 715,
»±iouseb 01 iieiuge | 794,1015, 1261, 1340, 1440, 2123.
Insane Persons, etc 276, 842, 1358, 1794, 1817, 1908, 2323, 3224.
Insurance 587, 1820.
Keeper of Court House 458.
Lamps, Gas, etc... 355, 671, 1543, 2083, 2137, 2344, 2360, 2802, 2924.
Lewd Women 3267, 3318.
McDonough Estate 1569, 2134, 2307.
(28, 197, 297, 418, 616, 639, 684, 831, 871, 976,
Markets -{ 1143, 1767, 1776, 1860,2029, 2144, 2329, 2419,
( 2458, 2459, 2467, 2500, 2611, 2677, 2833, 3190.
Mayor 416, 1879, 2828, 2203, 2100, Arts. 6 and 7, 2934.
Negroes 1537, 3203.
Negro Traders and Slave Marts 3148
New Orleans 479, 2270, 1986.
Notary, City 73, 1696, 2156.
r 500, 688, 789, 1286, 1344, 1590, 1894, 1954,
Offenses ] 2074, 2084, 2204, 2218, 2330, 2463, 2538,
( 2919, 418, No. 27, 1990, 3121.
Offices and Officers P^^' ^^^^' ^^^^^ ^^^^^ 2^^^' ^^^^> ^^^^^
umcesanavjmcers....|22l2, 2295, 2324, 2365, 2847, 2848, 2857.
Official Paper, Advertisements, etc. j ^ -^^j"^ ' 222I 2257 2767 ''^8*66
Ordinances 66, 416, 472, 1256, 1986, 2292,' 2"950,'3043^ 3200.*
Orphans 420.
Oysters 502, 904, 1098, — 418 Art. 29.
Physicians, City 69.
s9
GENSRAIi ORDINANCES.
XXV.
Revenue-
Salaries
Police Demrtment I ^^^ ^^' ^2, 119, 290, 293, 450, 451, 511, 554,
roiice iFepartment.. | ^^^^^ ^^^o, 1674, 1776, 2100, 2172, 2366, 3089.
Porters 1023, 1366, 2099, 2264.
Pounds 1 465, 684, 746, 751, 1116, 1520,
^^ ^ ' {1755,1870, lOUO, 1983, 2006, 2809.
Powder 1376, 3193.
Public Scliools..l2, 193, 951, 983, 1084, 1666, 2357, 2132, 2692, 2990.
Quarantine 1187, 1933.
Quick Lime.
(26, 37, 704, 1463,1464, 1577, 1591,1698,
Railroads ] 1804, 1902, 1929, 2080, 2290, 2524, 2623,
( 2659, 2689, 2699, 2779, 2785, 2829, 3160.
Recorders P^^^ ^^^^ ^^^^ ^^^^ ^^1> 1537,2161,
itecoraers 1 2627, 2903, 2324, 2369, 2931, 2935, 3211.
521, 535, 658, 668, 719, 826, 904, 985, 1098, 1278, 1331,
1541, 1746, 1903, 1928, 1929, 1930, 1986, 2014, 2033,
2152, 2324, 2531, 2542, 2543, 2545, 2552, 2553, 2608,
i^ 2622, 2645, 2646, 3124, 3156, 3160, 3184, 3233, 3234.
7, 8, 9, 54, 70, 132, 238, 351, 377, 396, 546, 639,
724, 1124, 1200, 1366, 1489, 1509, 1516, 1520,
1623, 1633, 1640, 1668, 1674, 1679, 1794, 1861,
2040, 2100, 2134, 2139, 2165, 2178, 2264, 2316,
2329, 2931, 2934, 2935, 2957, 3017, 3018, 3019,
3106, 3139, 2348, 2349, 2366, 2375, 2406, 2557,
t 2828, 2855, 3017, 2957, 2941, 3054, 3211, 2926.
Salt 490-
Seal, City 101.
Slaughter Houses 2084
Slave Marts, etc 3148.
Slaves and Free Persons of Color .....3203.
Smoke Houses ^ 3149.
Stables, Dairies, etc 1642, 2681, 2873, 3175.
f 17, 37, 90, 360, 451, 457, 568, 724, 859, 905,
Street Commissioner ^^^^^ ^^^^^ ^^^^^ ^^^^^ ^^'^^^ ^^^^^ ^^^^'
street i^ommissioner. - -^^g^^ ^^^^^ -^^25, 1937, 2084, 2164, 2165,
[ 2365, 2557, 2683, 2791, 3054, 3069, 3139.
145,278, 296, 299, 395, 533, 642, 703, 724, 751 §6, 799
800, 955, 1031, 1038, 1048, 1131, 1286, 1344, 1504,
Streets.... ^ 1586, 1600, 1625, 1670, 1682, 1717, 1851, 1954, 2115,
2124, 2143, 2222,2314, 2353,2354,2632, 2658, 2683,
2791, 2793, 2842, 2843, 2844, 2864, 2901, 3304.
Sugar Platforms 705, 2597.
Q ( 50, 133, 136, 238, 359, 455, 724, 1031, 1387, 1509, 1531,
^.urveyor. | ^^^^^ ^^^^^ ^^^g^ 2164, 2166, 2316, 2406, 2957.
^ f 10, 190, 589, 1064, 1442 §6, 1986, 2141,
iieasurer 1 2208, 2357 §2, 2633,2634, 2645,3106.
Trees 3170.
Vni.;.inc f796, 751 §5, 1870, 1722, 1727, 1913 §12,
^^^^^^^^ I 1823,1859, 2535, 2577, 2920, 3012,3216.
XXVI. GENERAL ORDINANCES.
Water Works....... 2279, 2684, 2949, 3171.
Wharfingers... 54, 137, 490, 905, 1147, 1265, 1508, 2237, 2204, 3151.
f 56, 68, 164, 279, 309, 396,490, 549, 640, 661, 665,
I 686, 691, 713, 719, 878, 898, 1088, 1093, 1102,
Wharves \ 1125, 1178, 1196,1237, 1543, 1588, 1893,
1977, 2003, 2004, 2065, 2229, 2272, 2287,
2364, 2420, 2437, 2577, 2598, 2600, 2682, 2700.
Wharves Nuisance and Boats 1^^^ ^42, 359, 822, 921, 1109, 1182,
WJiaiveb, JNmsance,ancl±Joats. j -^ggg^ -^^^^^ -^^^^^ 2267, 2598, 2660.
f 67, 257, 351, 399, 450, 1608, 1621,
Work-House and Prisons ] 2139, 2150, 2520, 2615, 2688, 2639,
( 2786, 2854, 2875, 2951, 8006, 8008i
^^«^f^>»)
THE LAWS AND REVISED ORDINANCES
OF TlIK
CITY ¥ K E W K L H A X S
ARCHIVES.
No. 1. That tlie city attorney be, and lie is hereby autliorized Keeper of ar-
to appoint a clerk at a monthly salary of one hundred dollars, duties.
whose duty it shall be, in addition to other duties that may be
imposed upon him by the said city attorney, to take charge of
all the archives of the late municipalities, and of the general
council, and of plans and titles of city property, and of the books
and papers appertaining to suits in which the city is interested,
and to arrange the same in the office of the city attorney as a
portion of the records of his office; the whole to be under the
supervision of said city attorney. It shall also be the duty of
said clerk to place all the ordinances passed by the common coun-
cil under their proper heads, so as to form a collection of city
laws at all times easy of access and classified for reference.
City Ordinance, No. 1861.
No. 2. One copy of each newspaper published in the city of papers to b«
New Orleans shall be furnished to the mayor's office and board of ^'^'P'*
assistant aldermen, and it shall be the duty of the secretaries of
said offices to keep said newspapers regularly on file as part of
the public archives of said city.
City Ordinance No. 2257. See No. 210.
ASSESSORS.—Sec ^^ Board of Asse^soks," No. 69,
1
Prepare docu
meats.
ATTOllNEY, CITY.
Elected every two No. 3. (1.) The comuion council shall elect every second
^*""' year, at their first regular meeting in May, an attorney for«the
city of New Orleans, who shall be the legal adviser of the com-
mon council, and of any officer of the city, upon all matters
which may be submitted to him for his opinion.
His office. No. 4. (2.) He shall keep his office in the city hall, in such
room as may be appropriated by the council.
His duties. No. 5. (3.) He shall represent the corporation in all judi-
'•cihl proceedings, suits, actions, or contestations in which the city
3uay have an interest; and shall prosecute and defend all actions
V, uicli aidf be brought by or against the city or any officer there-
of, for and by reason of any matter or duty connected with or
growing out of their respective offices, or in which the corpora-
tion is interested in any court of this State.
Draft ordinances. No. 6. (4.) He shall draft sucli ordinances as may be
required of him by either board of the common council, or any
other committee thereof.
No. 7. (5.) He shall, when reijuired by the mayor, treasurer,
comptroller, or surveyor, prepare any bond, contract or other
document, required by either of said officers; shall inspect, pre-
vious to being executed, all accounts or contracts to be made by
the corporation; and shall require that the interests of the city
be protected therein, by proper and fitting conditions and
specifications. .
Keep records of No. 8. (6.) He sliall keep in proper books a record of all
ac ions, e c. actions prosecuted or defended by him, and all proceedings had
therein; shall, whenever a judgment shall be rendered against
the city, report the same forthwith to the mayor, and to the
council, and whenever said judgment may, in his opinion be
erroneous, appeal the same, if the same be appealable.
Payment of No. 9. (7.) He sliall, immediately upon the recovery of any
moneys. ^^^^ ^^^ ^^^ Corporation, forthwith pay the amount thereof into
the city treasury, stating the nature of the debt, the person
against whom, and amount and time of recovery.
Semi-annual ]So. 10. (8.) He shall semi-annuallv, in the months of June
reports. . .
and December, report to the council the titles and nature of all
actions in his hands, prosecuted or defended by him, and then
pending, and undetermined, with such other information m-
relation thereto as he iiiay consider proper
ATTORN KY, CITY ASSISTANT. .">
No. 11. (9.) The salaiy paid the eit\' attorney shall be a full Salary,
compensation for all services rendered to the corporation or any
officer thereof, and no fee or extra compensation shall in any case
be paid him.
No. 12. (10.) He shall, upon the expiration of his term of Duties at end of
omce, or removal therefrom, or resignation thereof, forthwith, on ^^'
demand, deliver to his successor in office all paf)ers, deeds, or
contracts in his hands, belonging to the corporation or delivered
to him by any officer of the corporation, and all papers in actions
or proceedings prosecuted or defended by him and then pending ^
or undetermined, together with his books of record thereof, and
of the proceedings therein.
City Ordinance, N«. 1448 . Approved March 30, 1854.
For his Clerk, see Xo. 1.
Tor his dJities as to Insane!* Persons, see No. 386.
'•' " as to House of Refuge, see No. 376.
^* « as to Injunction Bonds, see No. 25.
ACTS OF THE LEGISLATURE.
Src. 24. Be it further enacted, etc., That the common council shall, Election of
in the month of July next, and every two yeai's thereafter, elect, viva
voce, in joint meeting, a treasurer, a surveyor, an attorney, and one
assistant attorney, said officers shall enter upon their several offices on
the first Mondav of August following, and shall hold the same until When they shall
. , . " T n 1 • 1 T 1 , ^ go into oflSice.
their successors are qualined, provided that at the iirst election the
comptroller shall be electeced for only one year. The present comp-
troller, treasurer, street commissioner, surveyor, city attorney and as-
sistant city attorney, shall hold over until the first Monday in July next,
or until their successors are qualified. — Act of 1856, page 141.
Sec. 35. Be it further enacted, etc., That the city attorney shall be ©"ties of city
the legal adviser of the corporation in all matters in which his advice
may be necessary, and represent said corporation, within the State, in
all judicial proceedings, suits, actions and contestations in which it
may have an interest, as hereinafter provided. No extra compensation To receive no
or fee shall be allowed him ; and no other attorney shall in any case be compensation,
appointed to assist him, unless by a vote of two-thirds of the members
present of each Board of the Common Council. He shall receive a Salary of city
salary of $4,000 per year.— Act of 1856, page 146. attorney.
See Act of 1856, page 166, sect. 125.
ATTORNEY, CITY ASSISTANT.
No. 13. (1.) The common council will elect annually, at Annnaiiy elected
their first regular meeting in May, an assistant attorney, whose
ATTORNEY, CITY ASSISTANT.
To institute cer-
tain suits.
Appeals.
Weekly reports.
Weekly pny-
menis.
His books.
Annual report.
Compensation.
Duty to succes-
sor.
duty it shall be to collect the bills of all defaulting tax payers,
all bills of all persous in default liable to license tax, and tlie
fine denounced by law or any ordinance of tlie city, for violations
thereof.
Amended, see No. 23 and 24. ^
No. 14. (2.) He shall institute all suits against defaulting
tax payers in the manner and time and with the formalities
required by law; all suits for the recovery of license tax or
other dues, immediately after receiving the bill or claim from
the comptroller or treasurer, and all suits for the violation of any
ordinance, upon the complaint of any officer of the city.
No. 15. (8.) He shall appeal all cases in which judgment
shall go against tlio corporation, unless the city attorney shall,
in writing, advise him not to do so.
No. 1(). (4.) He shall on the first Saturday in each month,
report to the comptroller a statement under oath : 1st, of all
moneys received by him before judgment : 2d, of all suits
prosecuted to judgment, whether the amounts claimed therein
have been for or against the corporation, whether execution has been
issued thereon, and if so whether collected ; 3d, a particular account
item by item, of all penalties or other moneys which he may
have received, respectively, and on what account, and when paid.
No. 17. (5.) He shall forthwith pay over to the treasurer
any sum found due by him on such account, and shall take his
receipt therefor and forthwith exhibit the same to the comptroller.
No. 18. (0.) He shall keep in proper books a record of all
suits instituted by him, and of all proceedings therein.
No. 19. (7.) He shall annually, in the month of February,
report to the common council, the titles of all suits in his hands,
prosecuted by him for the corporation, then pending, and
uncollected, with the state and nature thereof, and such
information as may be proper.
No. 20. (8.) The fees payable to the assistant city attorney
by law, for collection of dues to the city, shall be a full
compensation as between him and the city for all services rendered
by him.
No. 21. (9.) He shall, upon the expiration of his term of
office, or resignation thereof, or removal therefrom, forthwith, on
demand, deliver to his successor in office, all books and papers
in his possession, belonging to or delivered to him by any officer
of the city, together with his record of suits and proceedings
thrreon.
ATTORNEY,, CITY ASSISTANT.
No. 22. (10.) He slmll^ before entering on the discharge of His bond.
the duties of his office, give bond in the sum of ten thousand
dollars, with two good and sufficient securities conditioned for
the faithful performance of the duties of his office; and the
cou^il shall have the right to require new or additional securities
whenever they deem that given insufficient.
City Ordinance No. 1448. Approved March CO, 1854.
No. 23. (1.) That the eleventh section of the ordinance No. Amending xo.!.*?.
1448, which reads as follows : ''The common .council will elect
annually at their first regular meeting in May, an assistant attorney,
whose duty it shall be to collect the bills of all defaulting tax
payers, the fine denounced by law or any ordinance of the city
for violations thereof," be, and the same is hereby, amended so
as to read as follows :
No. 24. (2.) The common council will, annually, at any nia election and
meeting during the month of April, elect an a.ssistant attorney,
whose duty it shall be to collect the taxes due by all defaulting
tax-payers, all sums for licenses due this corporation from all
persons who shall be in' arrears for the same, as well as all fines
denounced by law or the ordinances of the city for any infraction
of the same ; and that the assistant attorney so elected shall
enter upon the discharge of his duty on the first Monday of
May following his election.
City Ordinance No. 21'21. Approved April 14, 1855.
No. 25. That in all cases where injunctions granted a2;ainst
, . . ^ Till'' '^t- Injunction bonds
the city or its omcers are dissolved, the city attorney in his
department, and the assistant city attorney in his department, be
authorized to institute suits on the injunction bonds to recover
damages, whenever, in the opinion of these officers, the injunctions
were issued without legal cause.
City Ordinance No. 1980.
No. 26. That the city assistant attorney be, and he is hereby Not to sue in cer-
instructed not to place any claim of the city in suit in any court ^^^^ courts.
where the justice or clerk of the court have failed to furnish
weekly, full and prompt returns of moneys collected by them ;
and the assistant attorney is further instructed to report weekly
to the council or the finance committee, any such delinquency
of any officer of court receiving money for account of this
eoi-poration.
City Ordinance No. 1713,
No. 27. That the assistant attorney be and he is hereby canceiin^of
authorized; in all cases when he shall be satisfied by proper J«<^smeuts.
ATTCTION S AND AUCTION K F.IJ S
ovidence tluit the persons against whom judgment have b<?en
rendered in fovor of the city for taxes, were not the owners of
property assessed to them, to cause said judgments to be cancelled,
and that he be required to keep a record of all such cases, which
shall be presented to the treasurer, together with his reports of
collections.
City Ordioauce, No. 2410.
Recordin-r of ^^- -^- ^^^ assistant city attorney is hereby directed to
judguieuts. cause to be recorded the judgments in favor of the city of amounts
of ten dollars and upwards, and that the treasurer be, and he is
hereby authorized to pay on the warrant of the comptroller, fifty
cents for each insertion of said judgments by the recorder of
morgages.
City Ordinance, No . 1176. See No, 183.
For his duty as to ordinances relative to balls, etc, see No. 62.
gee " Comptroller,-' No. 203.
ACTS OF THE LEGISLATURE,
Act IHoO, p. 141, sec, 24, (placed under "Officers."}
Act ]85(i, ]i. l')'.), sec. 107, (placed under "Revenue.")
Act IH-jC, p. 100, sec. 108, (placed under " Offences.")
Skc. 109. Be it further enacted, etc., That the assistant city attor-
biilanced wet-kly ^ey sliall balance his accounts with the treasurer of the city, and pay
between assist
ant city attorney
over to said treasurer all moneys collected by him for and on account
and treasurer. of said city, on each and every Saturday of each and every week ; and
said accounts so balanced as aforesaid, shall be signed by the attorney
making the same, and sworn to before said treasurer, who is hereby
authorized to administer an oath for that purpose. — Act 1856, p. 160.
Sec Act 1853, p. SO.
AUCTIONS AND AUCTIONEEllS.
ACTS OF THE LEGISLATURE.
An xVct relative to Auctioneers.
Manner of quali- SECTION 1. Be it enacted by the Senate and House of Representatives of
auctfoneer' '^^ ^'*^ /S'^cJ^e of Louisiana in General Assembly convened. That any citizen of
the State may become an auctioneer for the parish in which he is a
qualified voter, and be authorized to sell any real or personal property
at public auction, upon giving bond and security, according to law, and
taking tlie oath prescribed by Art. 90 of the Constitution.
Bondofauc- Skc. 2. Be it further enacted, etc.. That before entering on the dis-
charge of his duties he shall execute his bond according to law, with
good and solvent secm'ities, conditioned for the faithful performance of
^all the duties required by law, towards all persons who may employ
tioneers.
AUCTIONS AND AUCTIONEERS. /
iiim as auctioneer ; and for the prompt payment of the taxes or com-
missions payable to the State, and of all the sum? ■which he shall
receive in his official capacity, belonging to other persons.
Sec. 3. Be it further enacted, etc., That the bonds to be given shall Amount of
be in the following amounts : Ten thousand dollars for the city and "°""'*'
parish of Orleans, and two thousand dollars for the other parishes of
the State.
Sec. 4. Be it further enacted, etc., That every auctioneer shall take License from
out an annual license from the auditor of public accounts, authorizing ^^"'^^^or,
him to do and perform all the business properly belonging to an auc-
tioneer.
Sec. 5. Be it further enacted, etc.. That no person shall act as an Certain peripons
auctioneer who is indebted to the State or any municipal corporation, floulu^Hs^ auc-"°^'
for any tax as an auctioneer, or any license or commission which he tioueers.
has neglected to pay after final judgment rendered against him therefor.
Sec. 6. Be it further enacted, etc.. That no other person than an auc- Who may exer-
tioneer or a civil officer acting under the authority of some covirt of the ^^p ^^.f. '^"'''"*^s8
United States or of this State, or the legal representative of a succes-
sion of minors, or the sheritf, when there is no auctioneer in the
parish, shall exercise tlie trade or business of an auctioneer, by selling
or offering for sale at auction, any property, real or personal, within
this State, under a penalty of five hundred dollars for each offence, one- ^''^"^^*y-
half of the penalty for the informer, when recovered.
Sec. 7. Be it further enacted, etc., That all property, rights or cred- Per centum to be
its, which shall be sold at public auction, or at private sale by any auc- P",'? T T'roperty
tioneer (except such as are or may be exempted by law) shall be subject
to a duty of one- half of one per centum of the value or price at which
it shall be sold, to be paid by the person who shall sell the same, to be
subject, each and every time it shall be stricken off, to duties at the
above rates.
Sec. 8. Be it further enacted, etc.. That any auctioneer who shall Auctioneer in
neglect to pay into the State Treasury the duties required by law upon ^^^'■^".V'/l'''''^?_*°
auction sales made by him, shall forfeit his license, and in case he refuse cense,
to return the same, the auditor of public accounts shall give public
notice in the official gazette of the cause for which the license of such
auctioneer has been forfeited, and that his license has been withdrawn
from him.
Sec. 9. Be it further enacted, etc., That every auctioneer in the city Quarterly ac-
of New Orleans shall make out in writing a quarterly account, dated count to be ren-
on the last days of March, June, September and December, and shall tioneers in New
therein state minutely and particularly ; eans.
First, The sums for which any goods or effects shall have been sold,
at every auction held by him from the date of his last quarterly account.
Second, The days on which sales were made, and the amount of each'
day's sale.
Third, The amount of all private sales made by himself or any of his
partners in commission, and the days on which such sales were made.
AUCTIONS AM) ATU-riONHERS.
Auimal stato-
iiieat to be mado
by auctioneers
in the other
])arishes.
Accounts to be
audited by the
auditor.
Oath to b« taken
by auctioneers.
Oatli to be re-
duced to writing.
Duties when to
be p.iid into
treasury.
Affidavit to be
made by auction-
eer in case he
has made no
sales.
Mileage allowed
auctioneers.
Provisions rela-
tive to the sale
of jewelry by
auctioneers.
Foui'ili, The amount of (.liities cliiirgoable on all sales, public or pri-
vate, mentioned in the account.
Sec. 10. Be il further enacted, etc., That the auctioneers throughout
the State, those in the parish of Orleans excepted, shall settle their ac-
counts with the treasurer annually.
Sec. 11. Be it further enacted, etc., That every such account, -within
ten days after the day on wlrich it is dated, shall be exhibited to the
auditor of public accounts, who is required to audit in the city of New
Orleans the accounts of any auctioneer of that parish, and charge a fee
of five dollars therefor, and every auctioneer exhibiting an account
shall take the following oatli before the auditor, and auctioneers of the
rest of the State shall take it before any justice of the peace of the
parish in which they are authorized to exercise their functions :
" I do solemnly swear (or affirm) that the account exhibited by me, and
to Avhich I have subscribed my name, contains a just and true account
of all property of ever'y description, sold or struck oft' at public sale,
or sold by me at private sale on commission, Avhether subject to duty or
not, and the day on which the same were respectively sold ; that I have
examined the entry of all sales mentioned in said account, in the book
kept by me for that purpose, and fully believe this account to be in all
respect!* correct."
Sec. 12. Be it further enacted, etc.. That such oath shall be reduced
to Avriting, be endorsed on the account, and be subscribed by the auc-
tioneer taking it ; and every auctioneer of the parish of Orleans,
within ten days after he shall have exhibited his account as aforesaid,
shall pay for the use of the State, into the treasury thereof, the duties
accrued on the sales mentioned in the account.
Sec. 13. Be it further enacted, etc., That every auctioneer who,
within the period limited for his accounting, shall have made no sales,
public or private, of any property, real or personal, liable to auction
duties, shall make and subscribe an affidavit of those facts before the
auditor or justice of the peace.
Sec. 14. Be it further enacted, etc.. That in addition to the number of
days allowed by the law, within which auctioneers are required to ren-
der their accounts and make payment of commissions to the treasurer,
thej'- shall be entitled to one dollar for every twenty miles of distance
from the seat of government to the parish site of their respective par-
ishes.
Sec. 15. Be it further enacted, etc., That it shall be the duty of every
auctioneer who shall ofi'er for sale jewelry of any kind or description, to
announce to the persons present, in a loud voice, whether the same be
gold, silver or base metal, before proceeding to sell the same ; also,
whether the article oftered is to be sold by the lot or by the piece, and
if by the piece, the number of pieces. Every auctioneer who shall ofi'er
for sale any jewelry, withoutfirst making such announcement, shall, on
conviction thereof, pay a fine of not more than one hundred dollars nor
less than fifty dollars for each offence, and said sale shall not be binding
')}! the bidder.
ATTCTIONS AND AUCTIONEERS. 9
Sec. 16. Be it further enacted^ ^c, That it shall be the duty of every sale of cutlery
auctioneer, before he shall proceed to sell any cutlery, whether in a box ^^ auctioneers,
or on a card, to state whether it is to be sold by the piece or in gross, and
if by the piece, the cumber of pieces offered for sale ; and every
auctioneer who shall neglect or refuse to announce the same shall pay a '
fine of not more than one hundred dollars nor less than fifty dollars, and
the sale shall not be binding on the purchaser.
Sec. 17. Be it further enacted, ^c, That the purchaser at an auction Right of pur-
sale of any watch, plate or jewelry, shall have the right to return it to certain articles
the auctioneer at any time within twenty hours from the day of the sale, ^o auctioneer,
if the watch, plate or jewelry be not of the quality represented by him,
and the auctioneer shall return to the purchaser the price of the article ;
should he refuse to do so, he shall forfeit his license and be liable to a
fine of five hundred dollars.
Sec. 18. Be it further enacted, ^c. That any auctioneer who shall Relative to mock
exhibit and offer for sale at auction any article setting forth its value and
character, and through the aid of mock bidders induce its purchase by a
real bidder, and who shall afterwards substitute any article in lieu of
that offered to and purchased by the bidder, shall, on conviction thereof,
be fined and imprisoned at the discretion of the court, and any mock
bidder at any auction sale so made shall suffer the like penalty.
Sec. 19. Be it further enacted, ^'c, That it shall not be lawful for Auctioneers pro>
any person acting as auctioneer, to purchase, either directly or indirectly, chasing at their
any property at a sale made by him, and any such sale shall be null and ^^^'^ ^'*^^^-
void.
Sec. 20. Be it farther em cted, ^c, That auctioneers shall make in In -what cases
person all sales advertised by them, except in case of temporary absence may hiive°Tsaic
or sickness, in which event thty may appoint any one of duly licensed made for him by
auctioneers of the city or parish to act for them ; such appointment shall
not be made without the written consent of the securities of the
auctioneer, which written consent shall prevent the securities from pleading
any exemption from their responsibility on the bond of the auctioneer in
consequence of any appointment made under the provisions of this section.
Sec. 21. Be it further enacted, ^c, That no auctioneer in the city of Restrictions as to
New Orleans shall, at the same time, have more than one house or store tioWaies.^
for the purpose of holding his auction of dry goods sales, and one for the
purpose of holding his grocery sales. He may sell at different exchanges
in the city or at private stores, when called upon to do so by the owners,
any kind of moveable or immoveable property. He may sell in the
public streets or on the levee all goods sold in original packages as imported,
household furniture, and such bulky articles as are usually sold at such
places. And every auctioneer, on the first day of November of each
year, shall designate, in a writing signed by him, such house or store,
and shall also name therein the partner, if any engaged with him in
business, and shall deposit the writing or declaration with the auditor.
Sec. 22. Be it further enacted, ^c, That no auctioneer shall demand per ccntage to be
or receive a higher compensation for his services than a commission of P*^*^ auctioneers.
two and a half per cent, on the amount of any sale, public or private,
2
10 AtTCTlONS AND AUCTIONEERS.
made by liim, and on sales of succession property, of property belonging
to minors, or in which they may be interested, and on property surrendered
by insolvents, made pursuant to an order or decree dl any court of the
State, by the sheriff or an auctioneer, upon all sums under twenty-five
hundred dollars one per cent, and on all suras over that amount one-half
of one per cent. In all sales made by the representatives of a succession
or syndic of an insolvency they shall charge no commission.
Certain^laws g^c. 23. Be it further enacted, etc., That all laws or parts of laws
conflicting with the provisions of this Act, and all laws on the same
subject-matter, except what is contained in the civil code and code of
practice, be repealed. — Acts of 1855, p. 106,
An Act relative to Judicial and other Sales made at Public Auction.
Si^CTiON 1. Be it enacted by the Senate and Houst of Representatives of
Statement in the kUate of Louisiana in General Assembly convened, That in all auction
time and place of sales made by sheriffs, auctioneers, or others authorized to sell at public
advertising. auction, which are required by law to be preceded by advertisement, it
shall be the duty of the officer making the sale, in his process verbal
or act of sale, to state the manner, time and place of making such
Effect of sucli advertisements ; which statement, when so made, shall be proof of the
manner, time and place of making the advertisement,
rroof of sale to Sec. 2. That when any question shall arise out of any public sale,
ovideiiTe ofTegal "^^*^^^ ^J ^^^J person authorized to sell at public auction, and which
advertisement, sale was required by law to be preceded by advertisements, the
sale being proved, it shall be prima facie evidence that the legal
advertisements were regularly made.
Responsibility Sec. o. That if any person authorized by law to sell at public
Tert"ise^*^°*^ ^° ^^' ^^^^^^^^ shall fail to advertise as required by law, he shall be personally
liable for all damages which may result therefrom.
Prescription Sec. 4. That all informalities connected with or growing out of any
ities growing out public sale, made by any person authorized to sell at public auction,
of public sale. ghall be prescribed against by those claiming under such sale, after the
lapse of five years from the time of making it, whether against minors,
married women, or interdicted persons.
Property to bo Sec. 5. That all property, real and personal, sold at auction, shall
highest bidder in all cases be struck off to the highest bidder, except such as may be
!!^rfi'* ^° certain limited, which shall be announced by the auctioneer before the bidding
commences ; and when the owner, or any person employed by him,
shall be such bidder, they shall be subject to the same duties as if
struck off to any other person.
All auction sales Sec. 6. That all sales of goods in the city of New Orleans by public
in New Orleans *=
to be made in the auction, excepting sales of books, shall be made in the daytime, between
frrboorrs"nri--d sunset.
Penalty for not Sec. 7. That it shall not be lawful for any auctioneer, or person acting
producing certifi- as such, to Sell any real estate or slave, without first producing and
cate of mortgage. .. ./ ' . _ -
reading a certificate of mortgage, showing the mortgages and
incumbrances recorded against the property offered, under a penalty of
five hundred dollars foi* each offence, to be recovered by the purchaser.
AWNINGS, SHEDS AND HANGING SIGNS. 11
Sec. 8. That all judicial sales throughout the State, made in Judicial saleg, by
pursuance of any order, judgment or decree of any court of this State, ^'^^^ made,
(except that of justices of the peace,) shall be made by the sheriff of
the parish where such sale is made, except in the cases hereafter
provided.
Sec. 9. That all sales of property of successions, of property Succession sales,
belonging to minors, or in which minors are interested, made pursuant ^ ^ om ma e.
to an order or decree of any court of this State, may be made either by
the sheriff or an auctioneer of tlft parish or city in which such sale is
to be made, or by the representatives of successions ; and it shall be
the duty of the court ordering the sale to direct that the same be made
by the sheriff or by such auctioneer as shall be selected by the parties
or by the representative of the succession.
Sec. 10. That all process-verbals of sales of succession property, Process verbal
signed by the sheriff or other person making the same, by the purchaser tic acts.
and two witnesses, are declared to be authentic acts.
Sec. 11. That the sheriff, or other person making sales of succession Notes and secu-
property on credit terms, shall be authorized to receive for tiic price taken.^ ^ °°^
the notes of the purchasers, and identify them by description in the
adjudication. The securities on the notes shall in all cases be approved
by the vendor or the party representing him.
Sec. 12. That on the registering of such process-verbals of sales in Duty of recorder
the office of the recorder or register of conveyances of the parish convevances^
where the property so adjudicated may be situated, the recorder or
register shall be authorized to indentify with the sales the notes or
bonds received, as above stated, by his paraph, in order that he may
raise the mortgage when they shall have been paid.
Sec. 13. That in all cases where judicial sales of property are Certain sales
required to be made in the parishes of St. Bernard, Plaquemines and New OrleTns.^ ^"
Jefferson, it shall be laA ful to cry and adjudicate the property in the
city of New Orleans, if thereto requested by the party at whose instance
the order of sale was issued ; and in case of sales under writs if thereto
requested by all parties interested.
Sec. 14. That all laws orpartsof laws conflicting with the provisions Certain laws
of this Act, and all laws on the same subject-matter, except what is ^*^^^^^ '
contained in the civil code and code of practice be repealed. — Acts of
1855, p. 76.
AWNINGS, SHEDS AND HANaiNG SIGNS.
No. 29. (1.) Itshall not be lawfulforthe tenants or occupants What unlawful,
of stores or dwellings to suspend or hang over the sidewalks or
footways, any awnings, sheds or hanging signs, unless the same
be at least eight feet above the level of said sidewalks or footways,
under a penalty of ten dollars per diem for each and every day
12
AWNINGS, SHEDS AND HANGING SIGNS.
Duty of police.
Duty of street
commissioner.
When to take
effect.
Repealing clause
Awnings mask'
ing lights, etc.
To be covered
■with tin, etc.
Erected under
street commis-
sioner.
Amending No. Si
said awnings, shed or signs remain, after being duly notified for
the removal of the same.
No. 30. (2.) It is made the duty of all police officers to
report to the commissioner of streets, or any of his deputies, any
infringements of the foregoing section.
No. 81. (3.) It is hereby made the special duty of the
commissioner of streets, or his deputies, to prosecute to conviction
any violations of this ordinance, after due notice has been served
as aforesaid.
No. 32. (4.) This ordinace shall not take effect until after
it shall have been published by the mayor in the official journal
for twenty days.
No. 33. (5.) All ordinances or parts of ordinances, contrary
to the foregoing, be, and the same are hereby, repealed.
City Ordinance No. 30. Approved May 17, 1862.
No. 34. (1.) That the street commissioner be and he is
hereby directed to notify all such persons as may have erected
awnings or sheds, covering the banquettes in the city, and which
in anywise mask any of the street lamps or prevent said lamps
from giving a full light on the banquettes and streets, to alter
and change the same so as not to obstruct the light from said
lamps ; and that said awnings or sheds be rendered fire-proof by
covering the same with tin, or any substance non-ignitable in the
event of fires adjacent; and that in default of compliance on
the part of said person or persons, v Ithin ten days from said
notification, the person or persons, so I'ailing to alter or change
said awnings or sheds, shall pay a fine of $5 for each and every
day they shall neglect to make such alteration or change,
recoverable before any court of competent jurisdiction, for the
use of the city.
No. 35. (2.) No person or persons shall hereafter erect any
awning or shed within the limits of the city, except under the
direction of the street commissioner ; all ordinances or parts of
ordinances conflicting with the foregoing are hereby repealed.
City Ordinance, No. 3065. Approved Nov. 7, 1856.
No. 86. Resolved, That ordinance No. 8065 be so amended
that awnings alone within the fire limits of the city shall be
required to be covered with non-ignitable substances to protect
them from fires adjacent.
City Ordinance, No. 3188.
BAKERY.— BREAD, 13
BAKERY.— BEEAB.
An Ordinance for establishing the assize and regulating the weight and
inspection of tread.
No. 37. (1.) Every pergon intending to undertake the Must enter
, , . , . , , , name at mayor's
baking business, or any such person or persons who may be office, etc.
engaged in the same, either in person, or by. employing any other
person to carry on the said trade or business under his or her
directions, or for his or her profit, within the limits of the city
of New Orleans, must, previously to his or her commencing in
that business, make a declaration of his or her intention at the
mayor's office, and have his or her name entered in a book kept
for that purpose ; and, in default, shall be liable to a fine of
twenty-five dollars, recoverable before any court of competent
jurisdiction, for the benefit of the city.
No. 38. (2.) Every baker shall cause all loaf bread whatsoever, Loaves to bo
which he or she shall bake or cause to be baked, to be marked ™^'^^^'^' ^^'^'
with the initial letter of his or her name or names, or any other
particular mark plainly to be seen, and it shall be the duty of
the bakers to make known their respective stamp or mark at the
mayor's office, and the said mark shall be designated after their
names in the book above mentioned.
No. 39. (3.) All bakers or other persons using or carrying Quality of flour,
on the trade or business of a baker, as aforesaid, shall make or
cause to be made all their loaf bread of good and wholesome
flour, and they shall give it the. weight which may be fixed by
virtue of the present ordinance or any other ordinance hereafter
passed relative thereto, by the common council ; and further, all
bakers or persons using or carrying on the trade or business of a
baker, shall only be allowed to sell or expose for sale, loaves of
bread of the value of two dimes, one dime, or half dime^ provided
every half dime loaf shall have one-half of the weight fixed by
the tariff for the one-dime loaf, and every two-dime loaf shall
have double the said weight.
No.- 40. (4.) Bakers, tavern keepers, and other persons selling Weights and
bread, or off'ering the same for sale, are required to have weights
and scales, duly regulated by the standards; and the inspectors of
weights and measures are authorized to proceed to try them,
agreeably to the law respecting weights and measures.
No. 41. (5.). The mayor will direct the police officers and SScerfaff'^"
the commissaries of the several markets to inspect and examine, ™issaries of
14 BAKERY. — BREAD.
within the several wards and districts of this city^ at least once a
week, all loaf bread baked by or on account of the bakers, in
order to ascertain whether the same is made of good and
wholesome flour, whether the same is marked as is hereby required,
and to ascertain the weight thereof, and to determine whether
the weight be sufficient according to the established assize ; and
for these purposes every such police officer and commissary duly
authorized, shall have power and authority, at any time between
the rising and setting of the sun, to enter any bakehouse shop,
storehouse, or any other building, or inclosure where any loaf
bread is or shall be baked, stored, deposited, or kept, as also to
enter any tavern or other house, where any loaf bread is deposited
or kept, to be sold to the public. And the police officers, watchmen,
commissaries of the markets, or other white persons, are duly
authorized to stop and detain all bakers or other persons, slaves
or free, carrying for sale bread in baskets, or otherwise, through
the public streets ; and in the two cases aforesaid, after having
inspected and weighed said bread, if the police officer, or other
persons duly authorized, finds that it is, in whole or in part,
unstamped, or wanting in weight, or not baked agreeably to the
present ordinance, he shall conduct the offender or offenders before
one of the recorders of the several districts, who will pronounce
the seizure and confiscation of said bread for the use of the city
workhouse, and, in addition, a penalty of twenty-five dollars
against the offender, recoverable as aforesaid, for the benefit of
the city.
Size of loaf, etc. No. 42. (6.) The mayor shall publish in the usual papers,
every Saturday, an assize of bread for the ensuing week ; to this
effect he shall estimate a barrel of flour to produce three thousand
sevc 1 hundred and thirty- two ounces of bread, (American weight)
and in order to ascertain the weight of the dime loaf, the number
of ounces shall be divided by a number equal to the number of
dimes a barrel of flour may be worth in the market at the time
of fixing the assize, and adding the five dollars, or fifty dimes,
allowed to bakers by the law — the quotient shall be the number
of ounces a dime loaf shall weigh.
Size of loaf, etc. No. 43. (7.) Whenever according to the preceding operation,
the fractional parts are less than half an ounce, they shall be
taken off the loaf, and when half an ounce or more, an ounce
shall be added to it. The whole, moreover, in conformity to the
tariff subjoined to the foregoing ordinance.
BALLS, THEATRES AND I»tJBLIC) EXHIBITIONS.
15
WEIGHTS OP LOAVES WITH CORRESPONDING PRICES.
$4 00
5 00
6 00
83
75
68
ounces
do
do
do
do
do
do
do
do
do
do
do
do
41 ounces
37 do
34 do
31 do
29 do
27 do
25 do
23 do
22 do
21 do
20 do
19 do
18 do
21 ounces
19 do
• 17 do
7 00
8 00
62
57
16 do
14 do
9 00
53
13 do
10 00
50
12 do
11 00
47
12 do
12 00
44
11 do
13 00
41
10 do
14 00
39
10 do
15 00
....."..37
9 do
16 00
36
9 do
No. 44. (8.) It shall be lawful for all bakers or other per- size, quality, etc.
sons carrying on the business within the city aforesaid, to n.ike
two kinds of bread ; the first shall be of the best superfine, and
the second of fine flour, but good and wholesome ; the weight
of loaves made of the first quality of flour shall be according to
the foregoing assize, and the weight of loaves made of the second
quality shall weigh one-eighth more ; and further, all bread of
the first quality shall be stamped with the figure 1, and the sec-
ond with the figure 2, in addition to the stamp or the mark of
the baker, and any baker not complying, shall be liable to a fine
of twenty-five dollars, recoverable as aforesaid.
No. 45. (9.) All ordinances and resolutions conflicting with Repealing clause,
the foregoing be, and the same are hereby, repealed.
City Ordinance, No. 8046. Approved October 30th, 1856.
BALLS, THEATRES AND PUBLIC EXHIBITIONS.
An Ordinance concerning Public Balls, Theatres and Public exhibitions.
No. 46. (1.) It shall not be lawful for any person or per- Permission to be
sons to give, within the limits of the city, any public balls of '^^*«»°^'^"
whatsoever description, under the penalty of fifty dollars fine
for each and every contravention, unless permission in writing,
be previously obtained from the mayor, to give said ball or balls,
and after payment of license tax.
16 BALLS, THEATRES AND PUBLIC EXHIBITIONS.
Mayor to close No. 47. (2.) Whenever the foregoing provision shall be
violated, it shall be the duty of the mayor to cause the said ball
or balls to be closed immediately by the police.
Duration of the No. 48. (3.) Evcry person giving a public ball, who shall
prolong the duration of the same beyond the hour fixed by the
mayor's permit, shall pay a fine of twenty-five dollars for each
and every such ofi"ence.
Relative to wea- No. 49. (4.) It shall uot be lawful for any person to enter
into a public ball room with a cane, stick, sword or any other
weapon, and every person having such weapon shall, before he
enters the ball room, deposit the same at the office, which shall
be at the door of the entrance of said ball room. At every pub-
lic ball, there shall be a person apppointed to receive and take
care of such articles.
Penalty for car- No. 50. (5.) Evcry pcrson entering any public ball room in
ball room, etc. contravcntion of the above provision, shall pay a fine of five dol-
lars; and every person giving a public ball without having
previously established an office at the door of the entrance of the
said ball rooom, and without appointing a person to receive and
take care of weapons, in the manner aforesaid, shall pay a fine of
twenty-five dollars, for the first offence, and if it be repeated, the
offender shall forfeit the right to give any public ball thereafter.
Police for places No. 51. (6.) The mayor shall nominate and appoint a suffi-
of amusement. . -in it
cient number oi men to be policemen, and to form under that
denomination a guard for theatres, public exhibitions and balls,
in order there to receive and execute the orders and directions of
the mayor and officers of the police, as to what concerns the
maintenance of good order in the aforesaid premises. Provided
that their number shall not exceed five men for each of such
theatres, exhibitions and balls.
Their compensa- "^q. 52. (7.) The polioem'en on guard at said theatres or ex-
hibition, shall be paid by the acting managers or other person
having the direction of the said exhibition, at the rate of one
dollar and fifty cents for each policeman every time of perform-
ance, and every policeman on duty at a ball shall be entitled to
require from the person keeping the said ball, the said compensa-
tion of one dollar and fifty cents, when the ball ends.
City police. No. 53. (8.) In no case shall the above mentioned service be
at the expense of the city, nor shall any of the men composing
the city police be employed on that duty, unless in case of any
disturbance breaking out in any of the aforesaid places, and then
only until tranquility be restored.
17
No. 64. (9.) All persons are forbidden to oppose or disturb opposing police.
any of the aforesaid policemen in tbe legal execution of their
office, or to utter against them invectives or opprobrious language
in the discharge of their duty, and every person herein offending
shall pay a fine of from ten to fifty dollars for every such offence.
No. 55. (10.) No person shall exhibit or cause to be exhibit- permission and
ed any dramatic composition, ballet, pantomime or other perform- *^^'
ance of that kind, in any theatre in the city where all per-
sons are admitted for their money, nor shall any person entertain
the public with any display of fireworks, rope dancing or any
performance of any kind whatever, without having obtained from
the mayor permission for that purpose and paid the tax thereon,
on a penalty of a fine of twenty-five dollars, for every such
offence, and the said permission shall express the object and the
length of time for which it is granted.
No. 56. (11.) All persons attending any public spectacle are Disorderly acts,
forbidden to commit, either at the doors or in the theatre, lobbies,
galleries, or corridors, any disorderly acts, to behave riotously, to
make any noise, to use violence, insult, indecence, or to offer any
kind of aggression, to have their hats on while the curtain is
raised, or to smoke in the theatre, the galleries, lobbies, or corridors ;
And every person who, on being thereto required by any police
officer on duty at the public spectacle, shall neglect or refuse to
observe what is prescribed in this section, shall be arrested and
fined not less than five nor more than twenty-five dollars.
No. 57- (12.) It shall not be lawful for any white person to Persons of color,
occupy any of the places set apart for people of color, and the lat- ^
ter are likewise forbidden to occupy any of the places reserved
for white people at any public exhibition or theatre, and any
person offending against this section shall immediately leave the
place so unduly occupied, or if he refuse or neglect so to do, shall
pay a fine of five dollars.
No. 58. (13.) The public officers shall give the necessary Vehicles at places
orders that the carriages of persons going to public exhibitions '^™"^^°^*° •
be arranged in a convenient manner in the places they shall ap-
point, so as not to intercept the public passage, or occasion any
disorder; and all coachmen are ordered not to leave their horses
during the public exhibition, under a penalty of ten dollars, for
which fines, masters shall be responsible for their slaves.
No. 59. (14.) The police appointed to maintain order at Hours for police,
public exhibitions shall repair to the posts assigned them, at least
8
18 BATTURE.
half an hour before the opening of the house^ and there remain
till the spectators shall have retired.
Seats for city No. 60. (lb.) It shall be the duty of managers of places of
officers. ^ ^ . n •,^ -, i,>i
amusement to reserve, free oi all charge, places tor the mayor,
recorders, the chief of police, and such other of the police as
may be necessary to preserve order.
Mayor and sur- No. 61. (16.) The mayor and surveyor, as often as they may
Btep? to prevent deem it necessary, shall examine whether theatres and places of
accidents. public resort be constructed with the requisite solidity and care-
fully kept in repair, so that the public may assemble there without
danger; and they shall adopt suitable measures to prevent acci-
dents that might occur from any negligence in that respect, on
the part of the proprietors, tenants, or other persons having the
management or direction of the said theatres or places of public
resort.
Duty of assistant No. 62. (17.) ],t shall be the duty of the assistant city at-
torney to prosecute all violations of this ordinance.
Mayor to pre- No. 63. (18.) By virtue of the powers granted bylaw to
' ' the mayor and city council, the mayor shall cause to be shut up
any place of public resort whenever the maintenance of order,
the public safety or tranquility may require it.
Copy of this or- No. 64. (19.) That a printed copy of the ordinances con-
plmtedfetc. ^ ccrning public balls, theatres, and public exhibitions, be placed
in a conspicuous position within the enclosures of said balls,
theatres, and public exhibitions, for the purpose of reference ;
and, that in case of neglect or refusal of the managers or owners
of such places to comply with the provisions of this section, they
shall be liable to a fine of fifty dollars for said offense, recovera-
ble before any court of competent jurisdiction ; and the police
officers on duty shall compel the owners of the balls, theatres,
etc.,- to close for that night.
Repealing clause. No. 65. (20.) All ordinances and parts of ordinances con-
flicting with the provisions of this ordinance are hereby re-
pealed.
City Ordinance No. 3131. Approved Dec. 8, 1856.
BATTURE.
An Ordinanoe, regulating and governing the taking out of sand front
the batture in front of the city.
No. QQ. (1.) From and after the passage of this ordinance,
ho permission will be granted for the takino* out of sand from Sand, etc., only
. /. ^ -I . 'n r> 1 . to be taken ou
the batture in front of the city, unless by certmcate ot the city certificate of tur-
surveyor, directed to the wharfingers and their deputies, setting '
forth the filling required by the location of the property to be
filled — that no person or persons be allowed to procure sand from
the levee on more than one such permit at any one time, and only
at such places as may be designated by the city surveyor, under
a revokement of said permit and denial to such parties to take
sand from said batture.
No. 67. (2.) No sand will be permitted to remain or be sanj piled on
piled on the levee or the public landing for a longer period than
five days, under forfeiture of said sand to the use of the city,
and that the wharfirngers and their deputies are specially charged
with the execution of this ordinance.
No. 68. (3.) It is hereby made the duty of the wharfingers Dutyof wharf-
and their deputies of the city, to receive the permits of the city tie^sr^ *^
surveyor from the parties desiring to take out sand from the
batture, to designate and regulate the space for each person or
persons, according to said permits ; observing an equal proportion
of space accordingly for the accommodation of all ; and persons
taking out sand, shall occupy such space allotted to them, and no
more — and in case any person shall occupy or encumber any
other place than that designated by the said wharfingers or their
deputies, he or they shall become liable to a forfeiture of the
privileges granted to them in their permit for taking out sand
from said batture, and 'that all ordinances or parts of ordinances
conflicting with this ordinance, be and the same are hereby
repealed.
City Ordinance, No. 3029. Approved Oct. 11, 1856.
ACTS OF THE LEGISLATURE.
See Act 1836, page
See Civil Code, Act 601 et seg.
DECISIONS OF SUPREME COUUT.
Batture is an elevation of the bed of a river under the surface of the
water; it is however, sometimes used to denote the same elevation
• when it has risen above the surface of the water. 6 M. R. 216,
The intervention of a public road between the front tract and the
river, does not deprive the proprietor of the tract of his right to the
batture. 6 M. R. 230, and 18 La. R. 236; 8 N. S. 876.
By alluvion is understood that which is added to land little by little,
so that we cannot know how much is added at each moment of time ;
20
BEEP AND PORK, INSPECTION OP,
he, therefore, who owns land bounded by the river acquires whatever is
added to it, as he supplies the loss of that which is taken from it.
9M. 656.
The right to take earth and sand from the batture is not a corporate
right, but one common to every inhabitant of the city. The use of this
right is to be so regulated as not to defeat other great objects of the
dedication. The city has a right to use the earth taken from the
batture, for the construction of wharves, levees, &c., and for improving
the port, and the streets, and avenues leading to it. 12 La. 49 ; 18 La.
278 ; 7 Ann. 76.
According to the terms of the compromise between the city of New
Orleans, and the front proprietors and private claimants of the batture
dated Sept, 20, 1820, the entire batture and open space between New
Levee street and the river in front of Faubourg St. Mary, is dedicated to
public uses and those, to which it is naturally destined, as a part of
the port of New Orleans. The administration of this public place and
the batture on it, is confided exclusively to the second municipality,
whose duty it is to administer it in such manner as to promote the
important purpose for which it was dedicated, and not to impede any
right to the use of it by the citizens generally. 12 La. 49; 18 La. 278.
It does not appear from any of the acts of Madame Delord, or from
any of the plans in the record, that there was any intention on her part
to dedicate to public use the front of her property on the river. 18 La.
122.
By Act of 30th April 1853, every riparian proprietor within the
limits of corporate towns in this State, is authorized to sue the
corporation for the occupation of so much of the batture in front of
his property as may not be necessary for public use. 10 Ann. p. 54.
BEEF AND PORK, INSPECTION OF.
Inspectors of
beef and pork
for the city of
New Orleans.
Inspectors to pro-
Tide suitable
stores and yards.
ACTS OF THE LEGISLATURE.
An Act Relative to the Inspection of Beef and Pork.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened, That the Governor
is required to appoint, by and with the advice and consent of the Senate,
three repackers and inspectors of beef and pork for the city of New Or-
leans.
Sec. 2. That the inspectors and repackers shall provide themselves
with good and sufficient stores or yards, capable of receiving and
storing such beef and pork as may be brought to them for inspec-
tion, in such places as shall be most convenient to employers, and
best calculated to facilitate their business; but nothing shall be al-
lowed for storage for any beef or pork inspected by them, if taken away
within three days after notice given to the owner, or his agent, of its
BEEP AND PORK, INSPECTION OP. ' 21
being inspected and repacked ; provided that no beef or pork shall be in- Proyiso.
gpected and repacked in any part of the city and suburbs between Gar-
rison and Girod streets.
Sec. 3. That all barrels shall be made of good seasoned oak, or Barrels, how
ash, free from every defect ; and every barrel shall contain two hundred brands, etc. '
pounds of beef or pork, the barrel not to measure more than eighteen
inches across the head and twenty-eight long, to be hooped with" at least
twelve good substantial hoops ; the barrel to be branded on the bilge
with at least the initials of the cooper's name and weight which is con-
tained in each barrel, and also to be plainly branded with the first let-
ters of the christian name and the surname at full length, of the in-
spector.
Sbc. 4. That the inspectors and repackers shall carefully inspect Inspection, how
all beef and pork, and shall brand only such as shall be well fat-
tened; the best quality shall be denominated "mess pork," and shall
consist of none but the sides of good 'fat hogs, and the barrels
containing it shall be branded at one of the heads, "mess pork."
The second quality shall be denominated ".prime," of which there ehall
not be in a barrel more than three shoulders, the legs being cut off at the
knee joint; the barrel shall not contain more than twenty-four pounds of
head, which shall have the ears and snout cut off at the opening of the
jaws, and the brains and the bloody grizzle taken out, and the rest of the
pork, to constitute a barrel of prime pork, shall bejmade up of sides, necks,
and tail pieces ; and on the head of every barrel of such pork shall be
branded, "prime pork." The third quality of pork shall be denomina-
ted "cargo pork," of which there shall not be in a barrel more than
thirty pounds of head and four shoulders, and shall otherwise be merchan-
table pork, and shall be branded on one head of each barrel, " cargo
pork."
Sec. 5. That all beef to be repacked for exportation shall be of fat Beef for exporta-
cattle, and shall be cut into pieces, as square as may be, and shall not *^°°' ^^ sorted.
exceed twelve nor be less than four pounds weight ; and all beef which
shall be fat and merchantable, shall be sorted and divided into three dif-
ferent classes, to be denominated mess, prime, and cargo.
Mess shall consist of the choicest pieces of large, well fattened beef. Mess beef,
without hocks, shanks, clods, or necks ; each barrel to contain two hun-
dred pounds of beef, and to be branded on the head, "mess beef."
Prime beef shall consist of the choicest pieces of fat cattle, with not prime beef,
more than one-half neck, nor more than two flanks, with the hocks cut
off the hind legs, in the smallest place above the joint, in a barrel, and
branded " prime beef" on one head.
Cargo beef shall be of fat cattle, with a proportion of good pieces, and Cargo beef.
not more than one-half of necks, three flanks, with the hocks cut off in
the same manner as in prime, in a barrel, and to be otherwise merchan-
table, and to be branded "cargo beef." The repacker shall not put less
than two pecks coarse salt and six ounces of saltpetre in each barrel,
and shall fill it with pickle as strong as salt can make it.
Sec. 6. That if any inspector shall be guilty of neglect or fraud, or J^^^^^^j ^^ le^t
shall in any way violate the duties imposed on him by law, he shall be of duty.
22 BOARD OV ASSESSORS.
liable to a fine of fifty dollars, to be recovered before any court of com-
petent authority, one-balf to the benefit of the informer, and moreover,
shall be liable for damages to any person aggrieved.
Penalty for mix- gj.^,^ 7^ rp^jj^^. jf any person shall intermix, take out, or shift any beef
mg or changing '' ^ ' •'
beef, or altering or pork, packed and branded, as herein provided, or put in any other
spection. '^^ ^^' beef or pork, for sale or exportation, or alter, change, or deface any
brand or mark of any inspector, said person shall, for every offence, pay
a fine of forty dollars, one-half for the use of the informer, and moreo-
ver shall be liable for damages to any person aggrieved.
Inspectors not to Sec. 8. That no inspector and repacker of beef and pork, shall buy
bay or sell beef „ xi, 1, 1, v / i • f-
or pork. or sell more than shall be necessary for his own consumption.
No beef or pork Sec, 9. That no beef or pork that shall have been inspected and
after being in- ,,,„,,, - ., . -. •.-.,.
spected, shall be repacked, shall be taken from the stores and yards of the inspectors,
in^ecti^n "ees unless all the expenses be previously paid ; and no owner or seller of
are paid. beef and pork shall suffer the same, after inspection, to remain more
than twelve hours exposed to the sun or to bad weather,
tiorf etc. ^^^'^°' ^^^- ^^' -^^^^ *^® inspectors and repackers shall be entitled to de-
mand and receive for every barrel of pork or beef they shall inspect,
repack and salt, thirty- three cents and one-third, besides the price of
the salt, saltpetre and other extra services.
r^To^riate^^^ Sec. 11. That all the proceeds of property forfeited, and penalties
incurred on the subject of the inspection of beef and pork, shall be one-
half for the benefit of the asylum for orphan boys in the city of New
Orleans, and the other half for the person prosecuting in the name of the
State.
Certain laws re- Sec. 12. That all laws contrary to the provisions of this Act, and all
pealed. .
laws on the same subject-matter, except what is contained in the civil
code and code of practice, be repealed. — Acts of 1855, p. 461.
BOARD OF ASSESSORS.
An Ordinance to divide the city into twelve Assessment Districts.
City divided into No. 69. That In accordance with the 45th section of the city
ment districts, charter approved March 20th, 1856, the city of New Orleans be
divided into twelve assessment districts, as follows :
First assessment district :' bounded above by Felicity street;
below by Thalia street, and in front by the river bank.
Second assessment district: bounded above by Thalia and
Felicity streets and the upper limits of the first district ; below
by St. Joseph and Delord streets and the new cankl; in front by
the river bank, and in the rear by Lake Pontchartrain.
Third assessment district: bounded above by St. Joseph
street, Delord street, and the new canal; below by Poydras street;
and in front by the river bank.
BOARD OP ASSESSORS. 23
Fourth assessment district : bounded above by Poydras street;
below by Gravier street ; in front by the river bank^ and in the
rear by the new canal.
Fifth assessment district: bounded above by Gravier street
and the new canal ; below by Canal street and the lower limits of
the first district j in front by the river bank, and in the rear by
Lake Pontchartrain.
Sixth assessment district : bounded above by Canai street and
the lower limits of the first district ; below by St. Louis street ;
in front by the river bank, and in the rear by Lake Pontchartrain.
Seventh assessment district : bounded above by St. Louis
street ; below by St. Phillip street ; in front by the river bank,
and in the rear by Lake Pontchartrain.
Eight assessment district : bounded above by .St. Phillip
street ; below by Esplanade street and the limits of the second
district ; in front by the river bank, and in the rear by Lake
Pontchartrain.
Ninth assessment district : bounded above by Esplanade street
and the lower limits of the second district ; below by Mandeville
street ', in front by the river bank, and in the rear by Lake
Pontchartrain.
Tenth assessment district : bounded above by Mandeville
street ; below by the lower limits of the city ; in front by the river
bank, and in the rear by the rear limits of the city.
Eleventh assessment district : bounded above by the upper
limits of the city ; below by Felicity street ; in front by the river
bank, and in the rear by Chesnut street.
Twelfth assessment district : bounded above by the upper
limits of the city ; below by the upper limits of the first district;
in front by Chesnut street ; in the rear by the rear limits of the city.
City Ordinance, No. 3210. Approved January 7,1867.
No. 70. That the city assessors be allowed the use of Assessors' office.
the room formerly occupied as the U. S. Court, as their ofiice.
City Ordinance, No. 3219. Approved January 7, 1857.
As to ''Errors in Assessments," see No. 214,
No. 71. That the board of assessors elected under the Compensation of
25th section of the city charter, shall receive as full compensation
for all their services during the year 1857, in making an
assessment of all the property in the city, and for performing all
the duties imposed on them by law, two per centum on the
amount of taxes On property assessed by them, to be computed
24 BONDS AND SECURITIES.
and paid after the final and corrected assessment rolls are
delivered to the comptroller, as provided for in section 97 of the
said city charter ; provided, that no compensation shall be allowed
on property assessed to unknown owners unless the property
so assessed to unknown owners shall be fully described on
the assessment rolls, by a detailed description, in accordance
with its latest subdivisions; and provided, further, that no
compensation shall be allowed on any property assessed which is
or may be exempt, by law, from taxation ; and also provided, that
in all descriptions of real property, the names of the streets and
the numbers of the squares ' shall correspond with the names and
numbers adopted by the contractors for furnishing the city plan.
City Ordinance, No. 3223. Approved January 7, 1857.
No. 72. -That the finance committees be, and they are
hereby authorized to make arrangements with the assessors of
taxes now in office, and therefor incur all necessary expenses to
complete all the assessments rolls for the present year, and to
perform all their duties in relation to the aforesaid assessments,
certain assessors, in manner and form required by law, and especially complete
their assessments so as to conform to the provisions of the Act
entitled an Act to authorize the corporation of the city of New
Orleans to tax real and personal property, approved March 19th,
1856, and particularly to require them to deliver to the city
authorities full and duly certified copies of said assessment rolls
with as little delay as possible.
City Ordinance, No. 3132. Approved Dec. 9, 1856.
ACTS OF THE LEGISLATURE.
See Act of 1856, page 141, sec. 25.
<* '* page 148, sec. 43 et seq.
'« " page 162, sec. 116.
" ** page 180.
See "Revenue."
BOARD OF HEALTH.— See ^^Health,'' No. 364.
BONDS AND SECURITIES.
Executed before ^^ Ordinance relative to Bonds and Securities.
the mayor. -^^ ^^ ^^^^ ^jj ^^^^^^ required to be given by the officers
of the city for the faithful performance of their duties, shall be
executed before the mayor.
See No. 216.
BONDS AND SECURITIES. 25
No. 74. (2.) All persons contracting with the city for any Surety to possess
work to be done^ and all persons accepting offices of trust or
emolument from the city, who are required hy law to give bond
for the faithful performance of their duties, shall be required to ^
furnish securities possessing real estate to the amount of tlu *
obligation of the bond. The corporation in all cases reserves the
right of demanding additional security whenever deemed advi-
sable.
No. 75. Co.) The comptroller shall not issue warrants to Bonds to be com-
, .. . „- pleted before is-
omcers or employees of the city in any instance, until they com- sue of warrants,
plete their bonds in accordance with the ordinance under which
they hold office.
No. 76. (4.) All persons appointed to office by the common To be furnished
council, who shall neglect to furnish the name or names of his weeks,
securities within two weeks after their appointment, will be
considered as having declined to qualify, and the council will
proceed to a new election, unless satisfactory reason be given for
the delay.
No. 77. (5.) It shall be the duty of the city attorney and Condition of
comptroller in all bonds of city officers, to provide that such ' -
bonds shall continue in force during the continuance of such
officers in the employment to which they may have been elected,
so that their re-appointment or re-election shall not impair the
obligation of such bonds.
No. 78. (6.) All ordinances or parts of ordinances conflict- Repealing clause,
ing with the provisions of this ordinance are hereby repealed.
City Ordinance, No. 3205. Approved January 7, 1857.
Tor " Bonds of Coffiee House Keepers," see No. 162.
See No. 234 and 537.
ACTS OF THE LEGISLATURE,
Sec. 27. That all bonds and recognizances taken by the justices of
the peace, mayor and recorders of New Orleans, for the public peace nfzancea^ ^^^ ^'
or in criminal matters generally, shall, when forfeited, be recovered by
the city attorney for the use of the treasury of the said city. — Act 1850,
page 166.
Sec. 42. The common council of New Orleans shall have power to S-poJaT^n^o/^"
require bond and security from all persons holding any office of trust ^^^ city may
or emolument in the city administration, for such sum as they may
deem proper, not exceeding ten thousand dollars. — Act 1852, p. 55.
Sec. 132. That the common council of New Orleans shall have power ^®^^ ^^^ securi-
ty to be furnish-
to require bond and security from all persons holding any office of trust ed \j oflacers.
or emolument in the city administration, for s.uch sum as it may deem
proper.— Act 1856, p. 166.
See Act 1865, p. 81.
See Act 1856, p. 143, Sec. 30.
4
26 BUILDERS, MASTER WORKMEN, ETdi
BREAD.— See ^^Bakery/' page 13.
^
BUILDERS, MASTER WORKMEN, ETC.
May 1189 portion '^^' "^9- (!•) I^ shall be kwful for owners, builders',
etteet! ^^^^ *°^ contractors and master workmen, when actually engaged in
building, or repairing any house or other building within the
limits of this city, to deposit building materials necessary to be
used in the construction or repair of the house or building in
actual progress, on a portion of the public street or sidewalk in
front of the house or building being actually in progress, or
beyond fifteen feet on each side of said house or building, in the
following manner only, viz : On one half of the width of the
sidewalk nearest to the house or building being erected or
repaired, and on one-third of the width of the portion of the
street between the gutters and nearest to the house or building
being erected or repaired, and they shall have a right to place
over the gutters a temporary bridge, so constructed that it can
be easily opened at all times to admit of cleaning said gutters.
Unlawful to use No. 80. (2.) That all owners, builders, contractors, master
certain portions i .^ i. />i«iii
of street, etc. workmcn, or other persons whatever, are lorbidden to occupy any
portion of any public street or sidewalk, or deposit any building
material thereon, other than is provided for and defined in the
foregoing section, or in or over any gutter, or to allow any of their
servants, or workmen, or employees, to occupy or deposit thereon,
except as aforesaid, under a fine or penalty of not less than ten
nor more than one hundred dollars for each offence, recoverable'
before any court of competent jurisdiction for the benefit of the
city.
Obstructing No. 81. (3.) That all owners, builders, contractors, master
gutters, etc. workmen or other persons whatever, are forbidden to obstruct the
passage of water in any gutter, by depositing therein any building
materials, rubbish, or other materials whatever ; they are forbidden
to erect or make, or cause to be erected or made, any dam in any
gutter or gutters 3 they are forbidden to make, or cause to be
made, any mortar bed over any gutter, unless there is left a free
and open space of at least one foot in width between the side of
the mortar bed and the curb stone, so that the gutters may at all
times be easily cleaned ; and they are forbidden to allow their
BUILDINGS, NUMBIRING, PIRE LIMITS, ETC. 27
workmen, servants or employees, to obstruct, deposit, erect or
make as aforesaid, under a fine or penalty of not less than ten
nor more than one hundred dollars, recoverable as aforesaid.
No. 82. (4.) That the street commissioner and his deputies street commis-
^ _ ^ ^ sioner to enforce
be, and they are hereby authorized and required to see that the thi« ordinance.
several provisions of this ordinance be complied with and
enforced ; and in all cases where a party or parties may be found
acting in contravention to this ordinance, and refuse or neglect to
comply with the same, after being notified thereof in writing,
said officers shall have authority to cause all materials found
placed in contravention to this ordinance, to be removed to the
public pounds, or some other safe and proper place of deposit;
and if the same be not claimed within thirty days tltereafter, and
the fines and expenses thereon paid, they shall be advertised in
the official journal three times during ten days, and sold at public
auction; and the proceeds of any such sale, after deducting all
fines and expenses, shall be paid into the city treasury, subject to
the claim of any owner of the property sold as aforesaid.
No. 83. (5.) That all ordinances or parts thereof, con- Repealing clause,
flicting with the foregoing, be and the same are hereby repealed.
City Ordinance, No. 2044. Approved March 9th, 1856,
For '♦ City Tax," see No. 689.
BUILDINGS, NUMBERING, FIBE LIMITS, ETC.
An Ordinance relative to Buildings.
No. 84. (1.) No building shall be erected within the limits Lines and level,
of the city, until the ground to be covered by the building be
raised to a level with the side walk. The lines and level to be
obtained from the surveyor. All persons violating this section
shall be fined not less than twenty-five dollars, and ten dollars a
month until the ground so occupied be filled as herein required.
No. 85. (2.) No person shall erect, rebuild, or enlarge any surveyor's linesi
building or wall fronting on any street or public way, without
first obtaining the lines thereof from the city surveyor, under a
penalty of not less than twenty-five dollars for every offense.
No. 86. (3.) In no case shall the steps of buildings extend Front step?
on the side-walk more than twenty-four inches, under penalty of
five dollars for every day this provision shall be violated, after
notice from the street commissioner.
28 BUILDINGS, NUMBERING, *I'IEE LIMITS, ETC.
Windows and No. 87. (4.) All persons are forbidden to construct, or cause
to be constructed, any door or window projecting more than twelve
inches on the street, in front of their building ; and it shall be
the duty of all house-holders and tenants of buildings, the doors
and shutters of which open ion the street, to hook or otherwise se-
. cure the same, so as to prevent accidents, and not to obstruct the
passage on the side- walks. All persons violating the provisions
of this section shall be fined not less than ten dollars for each
oifense, and five dollars for every day the ofi"ense shall continue
after notice.
Roof gutters, etc, No." 88. (5.) The roofs of all buildings shall be provided with
a gutter and pipe or conduit to collect and convey the rain water,
and on the side next the street the pipe shall be affixed to the wall
so as to convey the water to the level of the side-walk, and
across the side-walk and a gutter therein to the street, provided
the proprietors or tenants shall not be prohibited from conveying
the rain water from the front of the buildings, owned, rented or
occupied by them, into said buildings or the yards thereof. All
persons violating the provisions of this section shall be fined not
less than ten nor more than twenty-five dollars, and five dollars
for every day they shall continue the offense after notice received
from the street commissioner. The gutter or pipe or conduit
provided for in the foregoing part of this sectioo, shall be kept
clear of obfetructions and in good repair under penalty of five
dollars for each off'ense, and of two dollars per week in default
thereof, payable by the proprietor of the buildings after five days'
notice from the street commissioner.
Dangerous build- No. 89. (6.) It shall be the duty of the surveyor, street
commissioner, and of the police officers to inquire concerning all
houses or other buildings that may be in a ruinous condition, as
also about whatever might, by falling, impair the security of pas-
sage through the public way, or give occasion to any accident ;
and to report the same to the mayor, and on the same report, the
mayor shall order the owner of the house, or, in his absence, his
attorney in fact, or agent, to cause the danger to cease, within
such time as he may think proper to prescribe to him for that
purpose ; provided, always, that the said owner, or his attorney
in fact, or agent, shall have a right to contest the statement made
in said report, by having the premises examined by a person of
acknowledged skill, to be chosen by the owner of the house or
other building, or his attorney in fact or agent, which person shall
previously be sworn by the mayor; but if, after said examina-
ings, etc.
BUILDINGS, NUMBERING, FIRE LIMITS, ETC. 29
tion, it shall appear to the mayor that the danger has been duly
ascertained, the owner, or his attorney in fact, or agent, as
aforesaid, shall cause the danger to be removed within the delay
assigned by the mayor, and in case of refusal or neglect, the
mayor shall then cause the building to be repaired or demolished,
as he may think best, at the expense of the owner ; and the owner
shall be fined not less than ten dollars for every day he shall fail
to obey the orders of the mayor.
See No. 270,
No. 90. (7.) The mayor and surveyor shall examine whether Public resorts to
^ , .. • 1 • 1 1 . • be safe, etc.
theatres or places of public resort be constructed with the requisite
solidity and carefully kept in repair, and they are authorized to
take suitable measures to prevent accidents that might result from
any negligence in the construction of the building, or from any
mismanagement of the proprietors.
No. 91. (8.) Any person who shall be guilty of defacing any pefadug build-
building, or fence, or other property, by cutting, breaking, daubing
with paint, or in any other way defacing or injuring the same,
shall be fined not less than ten, nor more than twenty-five dollars.
No. 92. (9.) All houses in the city shall be numbered. Numbering of
The numbers in all the streets parallel to the river, to begin at
Canal street, and increase towards the upper limits of the city ;
and the same from Canal street towards the lower Imiits of the
city ; and the numbers in all the perpendicular streets to com-
mence from the river and extend back. All the odd numbers
to be on one side, and the even numbers on the opposite side of
every street. In numbering houses, vacant or empty lots
shall be reckoned in the series of numbers, and, in proportion as
houses shall be erected on said lots, the surveyorshall prescribe to
the owners the numbers to be placed on the same.
No. 93. (10.) The mayor and surveyor shall have power to Numbering of
direct the owners of houses to afiix the proper numbers thereto, '
and shall also have power to determine the form, size, and mate-
rial of such numbers, and any owner or occupant of any building,
who shall neglect or refuse to affix the number designated, or
shall affix to the. same, or retain thereon any number contrary to
the direction of the mayor and surveyor, shall be fined not less
than five, nor more than twenty dollars for every ofi'ense, and one
dollar for every day he shall violate the provisions of this section.
No. 94. (11.) All ordinances or parts of ordinances conflict- Repealing clause.
30 BUILDINGS, NUMBERING, TIRE LIMITS, ETC.
ing with the provisions of this ordinance, are hereby repealed.
City Ordinanee, No. 3192. Approved Dec, 30th, 1856.
Relative to " Construction of Buildings,'? see No, 263 and No. 292.
u <t t. Demolition of Buildings," see No. 270.
•« " '■ Defacing Buildings," see No. 495.
An Ordinance, defining the fire limits in and for the city of New Orleans.
Limits for wood- No. 95. (1.) It shall not be lawful to erect, and all persons
en m mgs, etc. ^^^ forbidden to erect, or cause to be erected, within the following
described limits, any building whatever, except the walls thereof
be constructed of brick or other non-combustible materials,
covered with slates or other non-combustible materials, viz : The
bank of the Mississippi river in front, and thence on the upper
line of the city to 120 feet westward of Levee street ; thence
down 120 feet westward of Levee street to Felicity road ; thence
down Felicity road to Annunciation street; thence down
Annunciation street to Duplantier, now Calliope street ; thence
down Duplantier and Calliope streets to Hercules, now Rampart
street ; thence down Hercules and Circus, both now Rampart
street ; to- Poydras street ; thence down Poydras street to St.
Peter, now Franklin street ; thence down St. Peter, now Franklin
street; thence down to Villere, down Yillere to St. Louis;
thence up St. Louis to Marais, down Marais to Esplanade street;
thence up Esplanade to Casacalvo street; down Casacalvo, now
Royal, to#]nghein, now Lafayette Avenue, up Enghein, now
Lafayette Avenue, to the river; provided that any person may
erect a wooden shed or tenement on his premises for a coal or
wood house, if the sanje be covered with slate or zinc, and be
not more than ten feet square.
Limits for com. No. 96. (2.) It shall not be lawful to erect, and all persons
bustibie roofs. ^^^ forbidden to erect or cause to be erected, any building
whatever, except the roofs thereof shall be covered with slates or
other non-combustible materials, within the following limits, viz :
the boundary described in the foregoing section, in front, and
thence, following the upper limits of the city, to Magazine street;
thence down Magazine street to Washington street ; thence down
Washington street to Apollo, now Carondelet street : thence
down Apollo, now Carondelet street, to Jackson street ; thence
down Jackson to Carroll, now Dryades street; thence down
Carroll, now Dryades, to Felicity street ; thence down Felicity
street to Liberty street ; thence down Liberty street to Clio
street ; thence down Clio street to Clara street ; thence down
Clara, Vine and Magnolia, all now Clara, to Poydras street;
•
feblLDINGS, NUMBERINO, FIRD LIMITS, ETC. 31
thence down Claiborne street to Esplanade street -, tlience up
Esplanade to the Mississippi river.
No. 97. (3.) It shall not he lawful, and all persons are J^J'^oj^^i^^of
forbidden to remove, or cause to be removed, to another place on
the same lot, or on another lot, if within the limits described in
either of the two preceding sections, any building already erected,
without making such building fire-proof, in accordance with the
provisions of said sections, respectively.
No. 98. C4.") It shall not be' lawful, and all persons are increasing di-
*.i.-iT ^ 1-1 IT • y« TMT mensions and rj-
torbidden to increase or add to the dimensions or any building pairing, etc.
already erected, under the pretence of repairing, or cause the
same to be done, within the limits described in the two first
sections of this ordinance, or to repair the roofs .of any such
buildings, or cause the same to be done, except by using, in such
repairs, non-combustible materials.
No. 99. (5.) Every person, whether owner, occupant, tenant, Penalty,
or contractor, who shall contravene the provisions of this
ordinance, shall be liable to a penalty of not less than ten nor more
than fifty dollars, recoverable before any court of competent jurisdic-
tion; and also a further fine of one hundred dollars for each and
every month he, she, or they shall refuse or neglect to comply" with
a written notice from the street commissioner, or his deputy,
specifying the delay which may be adjudged reasonable by said
ofiicer, to demolish or alter any such building in contravention,
recoverable as aforesaid.
No. 100. (6.) All ordinances or parts of ordinances contrary Repealing clause,
to the foregoing provisions, and all ordinances upon the sai^
subject-matter are hereby repealed.
City Ordinance, No. 3191. Approved Dec. 30, 1856.
ACTS OF THE LEGISLATURE.
Sec. 1. That the mayor and city council of New Orleans shall have
power and authority to make and pass such by-laws {|nd ordinances as
they shall deem proper, to prevent any person or persons from
reconstructing, in wood, old and decayed houses, under the pretence of
repairing the same, in those parts of the city where it is lawful to
build only with bricks and stones. — Act. Feb. 1821.
That the first section 'of the Act aforementioned shall not be
interpreted so as to authorize the councils of the municipalities of
New Orleans to make or pass laws or ordinances to prevent any person
or persons from^iling wooden houses or covering them with materials of
the same kind, i^r repairing the same, when such repairs shall be
necessary to the preservation of said houses or to render them tenantable;
•said councils shall only have the power of preventing the rebuilding of
32 CANALS.
Bucii wooden houses -which shall have been desti'oyed by any event
Whatsoever or which shall have become untenantable from age or
decay.— Act of Feb. 1842.
BUEIALS AND BURYINa GROUNDS. — See ^'Ceme-
teries/^ No. 123.
CANALS.
1. — NEW CANAL — JULIA STREET.
Rights of harfcor No. 101. (1.) The harbormaster appointed by the New Orleans
master. Canal and Banking Company, shall have the right to regulate
the moving of the vessels in the said canal, the lading and dis-
charging of cargoes, and the execution and enforcement of all
such rules and regulations as may bo enacted for the use and
better government of said canal, its harbor, basin, road, tow-
path, works and property necessary, or appertaining thereto :
Provided, the same are not inconsistent with any ordinance or
resolution of this council now existing, or which may hereafter
be passed.
Captains to re- No. 102. (2.) That every commander of a vessel shall report
P°^'* to the harbor master within fourteen hours after his arrival, the
name and tonnage of his vessel, and produce his coasting license,
imder a penalty of fifty dollars for every infraction of this article.
Cargo. j!^o. 103. (3.) That no vessel shall take in or discharge cargo,
until the same has been duly reported to the harbor master, under
the penalty of one hundred dollars for every violation of this
article.
Captains to con. No. 104. (4.) That the commander of every vessel in said
fo3m to orders, ^anal, basin or Uarbor, shall conform to the order of the harbor
master appointed by the said company, as regards the place where
his vessel shall moor to discharge or take in cargo, and any com-
mander disobeying or resisting such orders, shall pay a fine of
fifty dollars for each and every infraction of this article, besides
ten dollars for every twenty-four hours that his vessel may remain
in any place contrary to the orders so given.
Discharge of No. 105. (5.) That no vessel shall discharge cik-gp nearer the
margin of the canal or basin than twelve feet, and*that no cargo,
or part of cargo, shall be permitted to remain on the landing for
CANALS. 33
a longer time than six days, under a penalty of fifty dollars for
each and every infraction of this article ; and the harbor master
is hereby authorized to transport, for safe keeping, to some place
appointed for the purpose, at the risk and expense of the owner,
all articles that may not be removed within the time specified by
this ordinance, and he shall be reimbursed the cost of transpor-
tation, storage, advertising, and all other charges incurred before
delivery of the same.
No. 106. (6.) That every vessel not employed in loading Vessels not em-
or unloading cargo, shall pay five dollars per day during the ^^°^^^'
time they may remain in the canal, basin or harbor, counting
from the eighth day after their arrival.
No. 107. (7.) That no flat-boat, barge, skiff or vessel of any unprotected
description, shall take on board or discharge timber, firewood, or ^^°^^*
cargo of any kind, from or upon the shell road, or tow-path of
the canal, between the Florida landing and harbor at the lake, or
at any place on the canal, where the banks are not protected by
works to preserve them from injury in consequence thereof,
under a penalty of fifty dollars for every violation of this article.
No. 108. (8.) That every vessel unfit for service, or that is Unseaworthy
in danger of sinking, must instantly be removed out of the '^®^®®^^-
canal, basin and harbor ; and any vessel that may remain twenty-
four hours after the harbor master has given notice to remove
therefrom, shall pay a penalty of twenty-five dollars per day ;
and the vessel shall be removed by the harbor master at the ex-
pense and risk of the owners thereof.
No. 109. (9.) That no vessel shall remain in the canal, basin, vessels to have
or harb'or, without a keeper on board; and the harbor master is ^^^p^'^^-
authorized to place a keeper on JMiard of any vessel which may
have been abandoned or deserred for twenty-four hours, at the
expense of the owner or owners thereof.
No. 110. (10.) That no vessel shall be built, or careened for Repairs of ves-
the purpose of repair, in the canal, basin or harbor, under a ^^^^'
penalty of one hundred dollars, unless by special permission of
the New Orleans Canal and Banking Company.
No. 111. (11.) That no pitch, rosin, turpentine, or other sub- Combustible
stance of a like combustible nature, shall be boiled or burnfr on ™*"^^'
board of any vessel in the canal, basin or harbor, nor shall any
fire be kept up after nine o'clock at night, nor kindled during
the interval between that hour and day-break, under a penalty of
twenty-five dollars for every infraction of this article.
34
CANALS.
Rafts and timber.
Steamboats.
Course iu
ing.
Towing.
Tow-path.
Filling or ob-
structing canal,
etc.
Fines.
Landings not to
be driven on.
No. 112. (12.) That no raft, or floating timber of any
description shall be brought into the canal, basin or harbor, under
a penalty of one hundred dollars ; and a penalty of ten dollars
additional, for every twenty-four hours they may remain there.
No. 113. (13.) That no steamboat, in passing through the
canal, shall be permitted to be propelled by her paddle wheels,
without the express permission of the harbor master, or person
appointed by the New Orleans Canal and Banking Company, to
control and take charge of the canal works by them constructed,
under a penalty of one hundred dollars, and that no steamboat,
having obtained such permission to pass through the canal
propelled by her paddle wheels, shall go at a greater speed than
may be designated by the harbor master, or person having charge
as aforesaid, under a penalty of one hundred dollars for every
infraction of this article.
No. 114. (14.) Every vessel, in coming up the canal,
or from the lake to the city, shall keep on the right side in
passing vessels coming in the opposite direction, under a penalty
of twenty-five dollars.
No. 115. (15.) No vessel shall be towed by men, horses or
otherwise, on the shell road or upper side of the canal, but must
be towed on the tow-path situated on the lower side of the canal
and constructed for that purpose, under a penalty of twenty-five
dollars for each violation of this article.
No. 116. (16.) No person shall drive. a dray, cart or other
vehicle on the tow-path of the canal, situated on the lower side
of the canal, under a penalty of twenty-five dollars for each
violation of this article.
No. 117. (17.) No one sl^l be permitted to draw a seine or
net in the canal or basin, or to throw therein stones, bricks or
carcases of dead animals, or any thing which may obstruct the
canal or basin, or become offensive or injurious to the public
health, under a penalty of fifty dollars for every infraction of
this article.
No. 118. (18.) All fines fixed by this ordinance, shall be
recoverable before any court of competent jurisdiction for the
benefit of the treasury of this Municipality.
2nd Municipality Ordinance of Dec. 5, 1837. Southmayd p. 249.
No. 119. (19.) No person shall drive a dray, cart, carnage
or other vehicle on any of the landings on either side of the
basin of the new canal of the Canal and Banking Company, under
CEMETERIES AND INTERMENTS. • 35
tlie penalty of ten dollars for each contravention of this ordinance
and against all persons so oifending, it shall be the duty of the
harbor master of said company, and the officers of this
Municipality, to i*eport to the recorder; and the fines shall be
recovered at law for the benefit of this Municipality
2nd Municipality Ordinance of Oct. 31, 1843. Southmayd p. 252.
2. — CANAL CARONDELET.
No. 120. The whole part of basin Carondelet, fronting Basin Schooners,
street between St. Peter and St. Louis streets, is especially
appropriated for the landing of schooners and other crafts, all
resolutions to the contrary notwithstanding.
1st Municipality Ordinance, May 29, 1844. Collens p. 30.
No. 121. It shall not be lawful for any master or owner of Not to land
bricks 6tc
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 this (first)
municipality, or any other competent magistrate from each owner
or master of any schooner or craft violating the foregoing
resolution.
Ist Municipality Ordinance, Feb. 1845. Collens p. 30.
No. 122. Any j^son owning any lot of bricks, shells or cargo landed in
firewood landed withffl the aforesaid space in contravention to SnSnce.^'"'^ ^^
the aforesaid resolution, shall be liable to the aforsesaid fine of
twenty-five dollars for each and every day they shall neglect to
remove or cause to be removed any such lot of bricks, shells or
firewood, which fine shall be recoverable before the recorder or
any other competent tribunal.
1st Municipality Ordinance, Feb. 1845. Collens p. 80.
CEMETERIES AND INTERMENTS.
An Ordinance relating to Cemeteries and Interments.
No. 123. (1.) That no keeper of any burial ground within Certificates for
the limits of the city, shall receive or bury any corpse, unless the ^""*'' ^^'
the bearers or carriers of the same shall deliver to him the cer-
tificate of a licensed physician, or of a magistrate, or of the
coroner, containing a statement, specifying, as nearly as possible,
36 • CEMETERIES AND INTERMENTS.
the death, name, age, birth-place, sex, and color, and setting forth
the location of the house, or place whence said corpse was taken
for burial, giving the name of the owner or lessee of said house
or place, and the number and street where said house is situated;
and if there is no number, as close a description of the situation
of said house as possible ; and, should any keeper of any burial
ground, refuse or neglect to perform any of the duties required
by this article, he shall be fined the sum of fifty dollars for each
and every violation.
Non-delivery of No. 124. (2.) Whenever the keeper of any of the said
cer 1 ca es, e c. ]3^j.iai.gj.Q^^n(jg gj^^H discovcr that the formalities required by this
ordinance, cannot be complied with by the bearers, or the carriers
of the said corpse, or by any person or persons bringing the same
for burial, he shall immediately inform the coroner thereof, in
order that said officers may proceed to ascertain whether any
crime has been committed, and, for any neglect to comply with
this provision, the said keeper shall be fined, as provided for in
the preceding section.
Tomb materials. No. 125. (3.) All tombs must be built of the best kind of
brick or stone laid in mortar, with the proper proportion of the
best cement and sharp sand, and covered 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 sextm 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.
Opening tombp. No. 126. (4.) The mayor and recorders, are each authorized
to grant permits for the opening of tombs, in the public cemete-
ries, to such persons as may make such application to deposite a
dead body therein.
Cemeteries of '^^- 1^7. (5.) The various churches and associations owning
associations. cemeteries, are authorized to use them under such regulations
made by them, from time to time, as may not conflict with city
ordinances.
Removal of rub No. 128. (6.) All persons who may hereafter erect tombs or
vaults within the public cemeteries, shall be required to remove
therefrom immediately after the construction 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.
bish.
CEMETERIES AND INTERMENTS. SIT
No. 129. (7.) All sextons -shall inter, within the shortest Duty of sextoM,
possible delay, all deceased persons who may be conveyed to
their respective cemeteries, in graves to be dug not less than four
feet in depth, and to be at a distance of at least three 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 mayor -, and it shall be the duty of each
of said sextions to keep a book, in which they shall insert, accor-
ding to their dates, the name, sex, age, business, and birth-place
of each and every person they shall bury in the ground, or
deposit in the tombs ; to take care that no damage be done to the
tombs and fences ; to prevent cattle and beasts from going into
the said cemeteries ; to deliver daily to the chief of the police, a
certified copy of the burials set forth on their books, whenever
thereunto required by the mayor, city council, or chief of the police,
and to deliver over to their successor the said books. And the said
keeper shall be fined not less than ten, nor more than fifty dollars,
for each and every violation of the foregoing provisions.
No. 130. (8.) The prices for entombing and burying in each price for inter-
of the city cemeteries, shall be as follows :• "^^'
For the City. Sexton's Fees.
For every white adult $3 50 $150
For every white child.... 1 50 1 00
For every colored adult 2 75 1 25
For every colored child 1 25 75
On charity, adult 1 25
On charity, children 75
On charity, colored children.... 50
For the opening and closing of
vaults and tombs, (owners of
tombs and vaults paying this
amount.) 3 00
No. 131. (9.) At the expiration of every month, it shall be Recorder of
the duty of the keepers of the burial grounds within the city, to dea«fs,"Sc.
deliver to the recorder' of births and deaths of this parish, all
the original certificates required by the. ordinances, by virtue of *
which the said keepers have received bodies for interment. And the
said recorder of births and deaths shall carefully file and preserve
such original certificates, and keep indexes to the same, so that
they may be easily found and referred to, and shall give copies of
the same duly certified^ whenever thereunto required by the
persons interested
ring.
88 CEMETERIES AND INTERMENTS.
Duty of surveyor No. 132. (10.) It sliall be the duty of tlie surveyor to visit
missioner. the cemeteries once a montli^ and oftener^ if he deems it necessary,
in order to prescribe the limitations, according to which the
graves and tombs are to be made, care being taken to reserve all
around and along the fences, such places as may be necessary to
build tombs for account of the .city ; and it shall be the duty of
the street commissioner to visit the cemeteries once a month, and
see that the ordinances are observed.
Burials in No. 133. (11.) No burial shall be permitted in any church-
yard in this city, except the pastor of their churches, under a
penalty of a fine of one hundred dollars.
Damaging tombs, No. 134. (12.) Any pcrsou or persons who shall wantonly
damage or destroy the enclosures of any grave, tomb, or monument,
or damage the tomb or fence of any cemetery, shall be liable to a
fine of not less than ten, nor more than fifty dollars ; and if a
slave violate this ordinance, he shall- receive twenty lashes, unless
his master shall pay the fine.
Improper con- No. 135. (13.) Any pcrson or persous who shall enter the
ries.* ^^ *^®°^^**'" cemeteries and be guilty of breaking the trees or shrubbery, or
defacing the tombs, |pr committing any other depredations, or
W • using any profane or improper language, while on the premises,
91 or sell or off'er for sale any refreshments or fruits ot any kind
within said cemeteries, shall be liable to a fine each of not less
than five, nor more than twenty-five dollars for each and every
offence.
Burial of bodies. No. 136. (14.) It shall be the duty of every person, at whosG
domicil any person shall have died, to cause 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.
Vehicles in ceme- ^^"^ ' (1^0 No drays, carts, carriages or other vehicles shall
*^"^^* be permitted to enter any cemetery, under a penalty not exceeding
fifteen dollars.
Burial of indi- 138. (16.) The Street commissioner and his deputies are
persons. hereby authorized to give certificates for burial, embracing the
particulars enumerated in the first section of this ordinance,
whenever he or they shall be satisfied from the representation of
any known responsible citizen, that there is no reason to suspect
that the death of the deceased has resulted from any other than
a natural cause, and the subject is one of indigence, and
appropriate for charity ; and in such cases the street commissioner
and his deputies are authorized to provide for the decent interment
CEMETERIES AND INTERMENTS. 39
of the bodies of such indigent deceased persons, by procuring
the necessary number of coffins to be made ; provided, the
expense of each grave shall not exceed two dollars; and the
expense of the conveyance to the cemetery, except in times of
epidemic, shall not exceed seventy-five dollars per month, which
shall be paid for two wagons to be used for the purpose, one of
which shall be stationed, when not in actual use, near the city
hall, and the other near the office of the deputy street commissioner,
of the second district; and provided, also, that the persons
engaged in this service shall convey indigent sick persons to the
hospital, whenever called upon for that purpose, and when not
occupied in carrying indigent dead persons for burial ; and,
provided, further, that only one of said wagons shall be employed
in this service, at times when one shall be able to comply with
all the demands.
139. (17.) It is hereby made the duty of the sheriff, to Burial of prison-
give immediate notice to the street commissioner, of the death
of any prisoner or prisoners confined in the parish jail, and it
shall be the duty of the said commissioner* to have said bodies
interred in the same manner as is provided for the burial of the
indigent poor — provided, that in all cases, the friends of the
deceased shall have the privilege of burying them at their own
expense.
No. 140. (18.) Hereafter no person shall be buried in the cemetery in
ground of the cemetery, or the square comprised within ^o^^th district.
Washington, Sixth, Prytania and Plaquemine streets, of the
fourth district; and in future no interments shall be made therein,
except by persons owning lots, vaults or tombs : and further, that
the St. Joseph's Asylum, of the fourth district, may use square
No. 271 for burial purposes.
No. 141. (19.) Permission is hereby granted to the officers Israelite charita-
and merixbers of the Israelite Charitable Association, to open the ® ^^^^^^^ ^°°-
square of ground No. 84, bounded by St. Louis, Bernadotte,
Toulouse and Antoine streets ; for the purpose 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 cemeteries,
be strictly complied with.
No. 142. (20.) The sextons shall possess the power to Sextons to make
arrest, and cause to be arrested, all persons who shall violate any
40 CEMETERIES AND INTERMENTS.
of the provisions of the foregoing ordinance relating to cemeteries
or interments.
Sextons to post No. 143. (21.) That a printed copv of the ordinance relative
this ordiEance. . , , ^ ^ -, -
to cemeteries and interments be placed in a conspicuous 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 sexton in charge of such cemetery to comply with the
provisions 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 No. 144. (22.) After the passage of this ordinance there
lish cemeteries, shall not be established within the limits of this city any
cemetery 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 clause. 145. (23.) All ordinances and parts of ordinances conflicting
with the provisions of this ordinance, and all ordinances on the
same subject are hereby repealed.
City Ordinance, No. 3174. Approved Dec. 26, 18.56.
ACTS OF THE LEGISLATURE.
An Act relative to Public Cemeteries.
Seotion 1. Be it enacted by the Senate and Rouse of Representatives of
the State of Louisiana in General Assembly convened, That all public
Cemeteries ex- Cemeteries for the purpose of interment, with the monuments erected
ation^'sale'and^' thereon, whether owned by religious or charitable corporations or
mortgage. 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 of mortgage, whether legal or conventional.
Right to sell lots Sec. 2. That all religious denominations and congregations of this
interment. State, and all other associations which now own, or may hereafter own,
any portion of land destined as a place for the interment 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 reli-
gious denominations and congregations 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
lawful for the recorder of mortgages in any city or parish of this State,
to record or to certify the existence of any privilege or mortgage bear-
ing on said lots. The lots shall be forever free from taxation and from
CHIMNEYS, STOVES, STOVE PIPES, ETC. 41
seizure, attachment or sequestration for debts of any owner, whether Exemptions,
belonging to the successions of deceased persons, or to surviving
friends.
Sec. 3. That all laws or parts of laws contrary to this act, and all Certain laws
laws'on the same subject-matter, except what is contained in the Civil '®^®* ® '
Code and Code of Practice, be repealed. — Acts of 1855, p. 118.
8ee Civil Code, Art. 447.
CHAIN GANG.
No. 146. That ordinance No. 2493, approved 10th December, Repeal of chain
. gang ordinance.
1855, re-establishing the chain gang, be and the same is hereby
repealed.
City Ordinance, No. 3169.
CHIMNEYS, STOVES, STOVE PIPES, ETC.
No. 147. It shall be the duty of each owner or occupant of Chimneys to be
every house, within the city and suburbs to sweep, or cause to be
swept, at least once a month, any chimney where he, she or they
habitually keep a fire ; and if any chimney shall take fire through
neglect of being properly swept and cleansed, the occupant of
the house, room or apartment to which such chimney appertains,
shall forfeit and pay a fine of five dollars.
Art. 1, Ordinance of 1817. Collens p. 69.
No. 148. (1.) From and after the passao^e of this ordinance, stoves— distant
, „ . « -I . 1 1 1, from woodwork.
no person shall set up or use a stove, any portion of which shall
be within two feet of any part of the wood-work of the walls,
partitions or floors, of any building within the limits of the city,
without protecting such wood-work with a metallic covering, so as
eifectually to prevent the same from taking fire from such stove
or stove-pipe. ^
No. 149. (2.) In all cases where a stove-pipe projects or Projecting stovo
passes through the roof, partition or wall of any building, a part ^^^
or the whole of which may be wood, the pipe shall be separated
from such roof or wood-work at least six inches by sheet iron
or other incombustible materials, and shall project above or
beyond the roof or wall of the building, as the case may be, at
least three feet.
6
42r
CHIMNEYS, STOVES, STOVE ^PES, ETC.
Not to project
over ! '
Not to annoy
neighbors.
Penalty.
Repealing clause.
Chimneys of
factories, steam
engines, etc.
Penalties.
Repealing clauee.
No. 150. (3.) No stove-pipe shall be allowed to project over
any sidewalk or into any street.
No. 151. (4.) No person shall erect, or continue erected, or
use any chimney, stove, or stove-pipe, in such a manner as that
the smoke thereof shall annoy any neighbor, or the citizens
passing.
No. 152. (5.) Any person or persons contravening any por-
tion of this ordinance, after written notice to comply with its
provisions from the street commissioner, shall be liable to a pen-
alty of ten dollars for each day he or they may be in contraven-
tion, recoverable before any court of competent jurisdiction, for
the benefit of the city.
No. 153. (6.) All ordinances contrary to the provisions of
this, be and the same are hereby repealed.
City Ordinance, No. 2179. Approved May 19, 1855.
See No. 292.
No. 154. (1.) The flues or chimneys of all steam engines,
bakeries, forges, or other steam factories, shall be elevated at the
highest adjoining roofs, within an area of one hundred feet from
the said establishments.
No. 155. (2.) Any person refusing or neglecting to comply
with the preceding provision, upon the first requisition made,
shall be subject to pay a fine of fifty dollars for each ofi"ence ; and,
moreover, the said off'ender shall be liable to pay a penalty of one
hundred dollars, for each month, from and after the first requisi-
tion, that he shall have neglected or refused to comply with the
preceding provision ; and the said fines shall be recovered before
any court of competent jurisdiction.
No. 156. (3.) All ordinances or parts thereof, contrary to the
present, be, and the same are hereby repealed.
Ordinance of 1841. Collens p. 84.
ACTS OF THE LEGISLATURE.
Art. 688. He who wishes to dig a well or a necessary, to build a
chimney, or hearth, a forge, an oven, a furnace or stable, to put up
shelves or to store salt or other 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 sub-
jects, he shall conform to the following rules, in cases which have not
been foreseen. — Civil Code.
CLAIMS AGAINST THE CITY. 43
Aet. 689. He wlio wishes to build a chimney or hearth against a -wall
held in common, is bound to make a double wall of brick or other proper
materials six inches thick. — Civil Code.
CITY ATTORNEY.— Seo ,, Attorney/' p. 2.
CITY ASSISTANT ATTORNEY.— See ^^ Assistant City
Attorney, p. 3.
CLAIMS AGAINST THE CITY.
No. 157. That resolution No. 2370, approved September 11, Repealing certain
^ -^ . ^ . ordinances.
1855, and whicli provides ^^ that all certificates issued in pursu-
ance of a contract, shall bear seven per cent, per annum interest
from the date of their approval by the chairman of the finance
committee until paid,'' be and the same is hereby repealed.
City Ordinance No. 2573.
Whereas, There are obligations of the city which cannot be
met for want of means in the treasury ; and whereas the parties
who are thus delayed in the receipt of the money due them, are
equitably entitled to interest upon their claims; therefore.
No. 158. Beit Resolved, That all certificates issued in pur- Certificates to
- 1 n 1 • t)ear seven per
suance oi a contract shall bear seven per cent, per annum interest cent, interest.
from the date of their approval by the chairmen of the finance
committees, until paid ; and that all other claims, excepting
claims upon which judgments of law have been obtained, shall
bear seven per centum interest from the date of the promulgation
of the resolutions authorizing payment of the same, until paid.
No. 159. That the comptroller shall register and number all Comptroller to
certificates that shall have been approved by the chairmen of the cates.
finance committees as aforesaid ; and all claims, the payment of
which shall have been authorized by virtue of resolutions as
aforesaid, together with the date of said certificates, and the dates
of the approval of the same, and of the approval of said
claims, and shall issue his warrants for the same, in the order
in which said certificates and said claims shall appear upon his
said register, commencing with No. 1.
No. 160. That nothing contained in the aforesaid resolutions Salaries of offi-
shall apply to, or in any way affect the pay-rolls of the salaries of '^^^^'
44
CCFFEE-HOUSES, CABARETS, BAR-ROOMS, ETC.
the officers, police, and employees of the city, and that said pay-
rolls shall have preference in payment over all other claims of
what nature soever.
City Ordinance, No. 2975. Approred August 14th, 1856.
See No. 181, No. 200 and No, 230.
COFFEE-HOUSES, CABARETS, BAR-ROOMS, ETC.
License, etc.
An Ordinance relative to Coffee-Houses, Cabarets, Bar-rooms, etc.
No. 161. (1.) Every keeper of a grog-shop, bar-room.
tavern, cabaret, coifee-house, beer-house, pleasure-garden, saloon,
theatre, ball-room, club-room, or any other establishment what-
ever, wherein spirituous or malt liquors are sold by the glass to be
drunk on the premises, must obtaiu 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 ordinances, and section 94 of the statutes, approved March
14, 1855.
Bond and surety. No. 162. (2.) Every person applying to obtain a license, as
aforesaid, shall subscribe a bond with surety for the sum of one
thousand dollars, to secure the payment of such fines and taxes,
said bond and security to continue in force eighteen months from
the time it shall be furnished.
See "Bonds," page 24.
No. 163. (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 his house, his sign, on
which shall be printed his name, and the number of his license,
under a penalty of twenty-five dollars, and five dollars a day for
every day he shkll refuse or neglect to comply with this provision,
after notice from the chief of the police.
No. 164. (4.) No cabaret or coffee-house license shall, here-
after, be issued to any colored person.
No. 165. (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 quantities, and every person so
selling shall pay a fine of not less than twenty-five, nor more
than one hundred dollars — one-half for the use of the city, and
the other half for the informer.
Sign.
No licenses to
colored persons,
Quantity of
liquor.
COFFEE-HOUSES, CABARETS, BAR-ROOMS, ETC. 45
No. 166. (6.) Any person who, after having obtained one transfer of
or more licenses for the purpose named in this ordinance, shall,
without the consent of the mayor, make over and sell the same
to others, shall, o^ 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.
See No. 719.
No. 167. (7.) All coffee-house keepers and all other persons u. s. soldiers.
are prohibited from selling spirituous or fermented liquors of any
kind 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 offense of a fine of not less than fifteen
dollars — one-half to -the city, and the other half to the informer.
No. 168. (8.) Any keeper of a coffee-house, or place where Liquor to slaves.
spirituous liquor is retailed, who shall sell or give away any such
liquor to slaves, without a written permission from their master,
shall pay for every offense a fine not less than twenty, nor more
than one hundred dollars; and every such vendor of spirituous
liquors shall be punished with a like fine who shall furnish intox-
icating drinks to slaves in exchange for goods or merchandise.
All coffee-house keepers are responsible for the acts of persons in
their employfnent who shall be guilty of any offense mentioned
in this section.
No. 169. (9.) All coffee-houses, or other places where open in contra-
spirituous or malt liquors are sold at retail, which shall be found
open in contravention of law, shall, after five days' notice, to be
given by the treasurer in writing, be closed by the police at the
order of the treasurer. The police are required to report in
writing, through their captains, to the treasurer, all persons
keeping public houses in contravention of law.
No. 170. (10.) It shall not be lawful for any owner or own- Hours to keep
ers of coffee-houses, or other places where spirituous or malt
liquors are sold by the glass, to open said house or place before
four o'cloc^k in the morning, or to keep the same open after
twelve o'clock at night, under a penalty of not less than fifty
dollars for each and every infraction of this provision.
No. 171. (11.) It shall be the duty of the chief of the Music in bar-
police to arrest all persons who shall be found playing or causing '^^^^' *'*^'
to be played music in any bar-room, coffee-house, or other place
where liquors are sold; who, upon conviction, shall be liable to a
fine of not more than fifty dollars for each and every offense, and
the coffee-house keeper shall be liable to the same penalty.
46 COFFEE-HOTTSES, CABARETS, BAR-ROOMS, ETC.
Disorderly No. 172. (12.) Tlie mayor, and also the chief of the police
shall have power, in case of riots, fights, and disturbances of any
kind in the neighborhood of bar-rooms, 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 offense.
Slaves in coffee ^0. 173. (13.) It shall be the duty of the police to arrest
ouses. ^jj slaves caught drinking spirituous or malt liquors, or playing
cards in grog-shops, or coffee-houses, or in the streets of the city.
Card playing, etc. No. 174. (14.) It shall not be lawful for any keeper of any
cabaret or coffee-house, to permit white persons and colored per-
sons to play cards together, or any other game in their house,
under a penalty of not less than twenty dollars, nor more than
one hundred dollars for every offense, and a like penalty for each
of the players; and it shall be the duty of the police officers who
may discover an assembly of this kind to arrest all the parties
engaged in it.
Election days. No. 175. (15.) It shall not be lawful for any bar-room, Qof-
fee-house, cabaret, grog-shop, beer-house or beer-garden to be
kept open on Presidential, State or General Municipal elections,
from and after the e-xpiration of licenses for the present year,
under a penalty of one hundred dollars.
Repealing clause. '^^- ^'^^' O-^') ^^^ ordinances or parts of ordinances con-
flicting with the provisions of this ordinance are hereby repealed.
City Ordinance, No. 3134. Approved Dec. 13, 1856.
Relative to "Lewd Women," see No. 404.
" to "Slaves," see Nos. 763, 764, 765, 770.
" to -'Tax and Licences," see Nos. 655, 718, 719, 720, 725, 731.
" to "City Tax," see No. 655.
ACTS OF THE LEGISLATUKE.
Section 1. Be it enacted by the Senate and House of Representatives of
Police 'urics and ^^^^ ^^^^^ ^^ Louinana in General Assembly convened, That the police
municipal auth- juries of the several parishes, the municipal authorities of the several
with exclusive towns and cities, and the board of aldermen and assistant aldermen,
fT'^h*'' '^1°% together with the mayor of the city of New Orleans shall have the
intoxicating exclusive power to make such laws and such regulations for the sale or
iquors. prohibition of the sale of intoxicating liquors as they may deem
Licenses, how advisible, and to grant or withhold licenses from drinking houses and
held-*^*^^ '^^^'*^^'^^" shops, within the limits of any city, ward of a parish or town as a
majority of the legal voters of any city, ward of a parish or town may
determine by ballot, and the said ballot shall be taken whenever deemed
necessary by the police juries of the several parishes, the municipal
authorities of tjie several towns and cities and the board of aldermen
and assistant aldermen together with the mayor of the city of New
COMMITTEES. 47
Orleans ; provided, that said election shall not be held more than once
a year. — Act of 1855, p. 178.
Sec. 92. That whoever shall be guilty of keeping any disorderly Disorderly
inn, tavern, ale-house, tippling-house, gaming-house or brothel, shall °"^®^-
sufiFer fine or imprisonment, or both, at the discretion of the court, and
the offender may likewise be adjudged to forfeit his license to keep a
house of public resort or entertainment.— Act of 1855, p. 144.
Sec. 94. That whoever shall keep a grog or tippling-shop, or retail Keeping grog
spirituous liquors, without previously obtaining a license from the ucensT
police jury, town or city authorities, on conviction shall be fined not
less than one hundred, nor more than five hundred dollars, and in
default of payment, shall be imprisoned not less than fifteen days, nor
more than four months. — Act of 1855, p. 145.
COMMITTEES.
1. — riNANCE COMMITTEES.
No. 177. That the finance committee be and they are hereby Suits for city
antTiorized to withdraw all suits of the city taxes past due, when
they shall be satisfied that the tax sued upon has either been
paid or erroneously assessed.
City Ordinance, No. 535.
No. 178. That the finance committee be, and they are hereby cierk.
authorized to employ a competent person as clerk of said
committee.
City Ordinance, No. 2131. Salary $1800 per annum by Ordinance, No. 30l8.
No. 179. That from and after the passage of this resolution, To approve bills
all bills or certificates from any of the departments of the city ^^
government, whether provided for by contract or otherwise, shall
be approved by the finance committee before being paid by the
comptroller.
City Ordinance, No. 2175.
No. 180. That from and after the passage of this resolution, to approveappii^
all applications for orders from any of the city officers, involving ordeTs! ^''''
an expenditure of money, shall before being issued, be approved
by the committee on finance of the board of assistant aldermen.
City Ordinance, No. 2321. Fire commissioners' duties, see No. 314.
No. 181. That the finance committees of the common council To discount
be and they are hereby authorized to have such notes belonging ^^^^^'
to the city discounted, as they from time to time may deem
advisible to the interests of the city, and for the purpose of
applying the money, so obtained, to meet the current expenditures.
City Ordinance, No. 2932.
48 COMMITTEES.
To report notes No. 182. It shall be the duty of the finance committees to
report to the common council whenever they shall have discounted
any notes belonging to the city.
City Ordinance, No. 2959. Approved August 7, 1856.
To record judg- No. 183. That the chairmen of the committees on finance
be and they are hereby required to cause all judgments rendered
in favor of the city against delinquent tax payers, by the several
justices of the peace, to be duly recorded in the mortgage ofiice.
City Ordinance, No. 3136. See No. 28.
Duty as to "Comptroller," see No. 198.
Duty as to "Fiscal Agency," see No. 337.
ACTS OF THE LEGISLATURE,
Compensation of Sec. 101. That tlie chairmen of the finance committees of the
nancecommitl'ee common council shall receive, in full compensation for all their services
rendered under this Act, the sum of two hundred dollars per month,
and no more. — Act 1856, p. 158.
See Act 1856, p. 143, sec. 30.
2. — COMMITTEES ON STREETS AND LANDINGS.
To approve certi- No. 184. Hereafter all certificates of the surveyor and street
done?' ^^ ^^^ commissioner for work done under contract for the city of New
Orleans, shall be approved by the chairmen of the committees of
streets and landings of the common council, or in the absence of
the chairman of either committee, by the acting chairman, before
said certificates are comptrolled by the comptroller.
City Ordinance, No. 102.
To approve speci- No. 185-. From and after the passage of this resolution, all
ca ons, e c. specifications for public works shall be approved by the committee
on streets and landings before being published, and that the
comptroller be and he is hereby directed not to sell any contract
until the specifications be prepared.
City Ordinance. No. 2176.
To fix number of No. 186. That the Superintendence of carts and laborers
borers^."^ ^** shall hereafter be placed under the department employing them,
and that as heretofore, the number of carts and laborers shall
be fixed by the committees on streets and landings.
City Ordinance, No. 2212.
Their duty as to "ContractSj" see No. 6, 235, 236.
8.— COMMITTEES ON WORK-HOUSES AND PRISONS.
To appoint secre* No. 187. That the committee on work'houses and prisons of
**'^^' the board of assistant aldermen be, and are hereby authorized to
COMMITTEES. 49
appoint a suitable person, whose duty it shall be to keep the
accounts and examine the bills, purchases, etc., of the committee
of the same ; also to act as secretary of all other standing com-
mittees of the board of assistant aldermen, with the exception of
the committees of finance and streets and landings.
That the pay for the services of such person so appointed shall Salary,
be fixed at one hundred dollars per month.
City Ordinance No. 1679. Made $125 by Ordinance No. 2926.
4. — COMMITTEES ON HOUSE OP REFUGE.
No. 188. The standing committee on the house of refuge of to inspect min-
either board of the common council shall have authority, at all refuge.
times, to inspect the minutes of the proceedings of the board
of commissioners, and all records of the institution ; and it shall
be the duty of said committees to visit the said house of refuge
at least once every month.
City Ordinance, No, 1015. Article 5.
5. — COMMITTEES ON POLICE.
No. 189.- That all furnitiire, fixtures, stationery, etc., bought To superintend
by the police department of the city, or by the recorders or their
clerks shall be bought by order and under the supervision of the
police committees of the common council.
City Ordinance, 554.
6.— ^COMMITTEES ON FIRES.
No 190. The chairmen of the fire committees of the common to supervise
council shall have general supervision over the fire department ^^^^ ™^" *
created by this ordinance, and over the buildings and property of
the city entrusted to the purchaser of the contract for the sup-
port and active working of said department, and shall, from time
to time, report to said council upon the efficiency or inefficiency
of said department, and upon the efficiency or inefficiency of
said purchaser, and of the officers and men connected with the
same.
City Ordinance, 2492. Article 42.
See " Fire Department." No. 272, etc., and No. 314.
/ . — COMMITTEES GENERALLY.
No. 191. Whereas, By existing ordinances of the Munici-
palities and Lafayette, several of the committees have authority,
50
COMMON COUNCIL.
Power of commit-
tees to contract
for work, etc.
Eemoval from
office.
independent of the council, to order and contract for work
involving the expenditure of money; and whereas, the 18th
section of the act of consolidation contemplates, as well as sound
policy dictates, that all expenditures should be kept as much as
possible under the direct control of the council; therefore,
Be it Resolved, That all ordinances, or parts of ordinances,
conferring on any committee authority to order or contract for
work, supplies, or anything involving the expenditure of money,
be, and the same are hereby, repealed.
City Ordinance, No. 41. See No. 187.
Duty of Secretary of Board of Aldermen as to Committees, see " Common
Conncil," No. 194.
ACTS OF THE LEGISLATURE.
Sec. 11. That no committee of said councils shall. ever be vested
with power to appoint to office ; and no officer shall be removed from
office unless by a resolution of the council. — Act 1850, p. 131.
COMMON COUNCIL.
Petitions and
■*laims.
Pavement peti-
tions, etc.
Secretary of
board of alder-
men.
No. 192. No consideration or notice will hereafter be taken of
any petition or claim, unless the same be accompanied by the
evidence or the names and residences of the witnesses to establish
the claim, complaint or grievance to the attention of which the
common council may be called.
City Ordinance, No. 1446.
No. 193. All petitions presented to this common council in
accordance with sectidhs 114, 120 and 121 of the city charter,
shall, by the secretary of the board to which the same may be
presented, be sent to the official journal for publication, in
accordance with the requirements of said charter, provided that
the official journal sliall make said publications at the expense of
the petitioners.
City Ordinance, No. 2790.
No. 194. That the salary of the secretary of the board of
aldermen be increased to two thousand four hundred dollars per
year, to commence from the first day of May 1854, and the said
secretary, in addition to his present duties, shall be required to
attend the sittings of the different committees of this board, to
give any and all information touching the transaction of this
board as may be required of him.
City Ordinance, No. 1623.
COMMON COUNCIL. 51
No. 195. From and after the first day of May, 1854, the Secretary of
1 /.I /. 1 1 ■■ /. • 11 -11, assistant board of
salary or the secretary ot the board of assistant aldermen shall aldermen,
be twenty-four hundred dollars per annum.
City Ordinance, No. 1633.
No. 196. That the . salary of the sergeant-at-arms of the Sergeant-at-arms
board of aldermen be fixed at one hundred dollars, to date from aldermen,
the 16th of June, 1856.
City Ordinance, No. 2855.
For " Committees," see p. 48, and see " New Orleans," No. 488, et seq.
See " Official Paper," No. 562 And 564. *
ACTS OF THE LEGISLATURE.
Sec. 2. That the city of New Orleans shall be divided into four city diyiled into
districts, the numbers and limits of which shall be and remain as at ^^rds*^ ^^^
present organized, and there shall be eleven representative wards, the
numbers and limits of which shall be and remain the same as at present
organized. — Act 1866, p. 137,
Sec. 2. That the city of New Orleans shall be divided into nine its division into
wards, as follows, to wit : "^'^^ '"''^''
1. The first ward to extend from the line of the parish of Jefferson, First ward,
to the middle of Benjamin, Estelle and Thalia streets.
2. The second ward to extend from the last mentioned limits to the Second ward,
middle of Julia street, until it strikes the New Orleans canal, thence
down the middle of said canal to Lake Pontchartrain.
3. The third ward lo comprise the residue of the Second Municipality. Third ward.
4. The fourth ward to extend from the middle of Canal street to the Fourth ward,
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 Fifth ward,
middle of St, Philip street, thence down 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.
6. The sixth ward to be composed of the residue of the First Sixth ward.
Municipality.
7. The seventh ward to extend from the middle of Esplanade street Seventh ward,
to the middle of Champs Elysees street.
8. The eighth ward to extend from the middle of Champs Elysees Eighth ward,
street to the middle of Enghein street and Lafayette avenue.
9. The ninth ward to extend from the middle of Enghein street to Ninth ward,
the lower limits of the parish of Orleans. — Act 1852, p. 43.
Sec. 2. That the part now added to the city of New Orleans shall Lafayette to be
constitute the Fourth District of said city, and be entitled to elect one £/of^N^w o'r-
alderman ; and said district shall be divided into two wards, viz : leans, with one
One ward, which shall be the tenth ward of New Orleans, shall extend ded into two
from the upper line of the parish of Orleans to the middle of First ""^^■'^8'
street, and shall elect two assistant aldermen ; and,
52
COMMON COUNCIL.
Second ward. Another ward, which shall comprise the remainder of the present
city of Lafayette, shall be the eleventh ward of the city of New Orleans,
and shall be entitled to one assistant alderman ; provided, , that the
Number of alder- number of aldermen and assistant aldermen aforesaid, shall be liable to
ant aldermen. ' ^® changed at each appointment made by the common council of New
Orleans, of the representation of the several districts and wards of said
city. — Act 1852, page 55.
Board of alder-
men and asveist-
ant aldermen.
Term of office of
aldermen.
How elected.
Term of office of
assistant alder-
men.
Division of alder-
men into classes,
expiration of the
term of each.
livision of assist-
ant aldermen in-
to classes, expira-
tion of term of
each.
Vacancy in office
of alderman or
assistant alder-
man provided
for.
Sec. 3. That the legislative power of the city of New Orleans shall
be vested in a board of aldermen and a board of assistant aldermen,
who, tog^her, shall form the common council of the city. The board
of aldermen shall consist of nine members, who shall hold their office
for two years, and shall be elected as follows : three by the first district,
two by the second district, two by the third district, two by the fourth
district. The board of assistant aldermen shall consist of fifteen
members, who shall hold their office for two years, and shall be elected
as follows : six by the first district, two from each ward in said district;
four by the second district, two from the fourth ward, and one from
each of the other wards in said district ; three by the third district,
one from each ward in said district, and two by the fourth district, one
from each ward in said district.
Sec. 4. That at the first sitting of the common council in 1856, the
aldermen shall be divided by lot into two classes. The seats of the
first class shall be vacated at the end of one year, and the sfeats of the
second class shall be vacated at the end of two years ; provided, that
one-half of the aldermen of each district shall constitute the first class ;
and at each annual election after tliat of 1856, a sufficient number of
aldermen shall be elected to fill the places of those going out.
Sec. 5 That at the first sitting of the common council in 1856, the
assistant aldermen shall be divided by lot into two classes. The seats
of the first class shall be vacated at the end of one year, and the seats of
the second class shall be^ vacated at the end of two years; provided,
that seven of the assistant aldermen shfcll constitute the first class ;
and at each annual election after that of 1856, a sufficient number of
assistant aldermen shall be elected to fill the places of those going out.
Act 1856, page 137.
For "Qualification of Voters," see Act 1856, p. 138, sec. 10.
For "Election Precincts," see Act 1856, p. 138, sec. 12.
Sec. 16. That whenever a vacancy shall occur, by death or otherwise,
in the office of alderman or assistant alderman, the board of aldermen
or assistant aldermen, as the case may be, shall, as soon as practicable,
order a new election to fill the vacancy for the remainder of the term. —
Act 1856, page 139.
Organization of ^^^' ^^- ^^^^ *^^ members of the boards of aldermen and assistant
the boards. aldermen, elected on the first Monday in June, 1856, shall meet at an
hour in the afternoon of the third Monday in June, and shall organize
in separate chambers. Each board shall appoint a president of its
COMMON COUNCIL.
63
own body, who shall serve one year in the board of aldermen, and one President to be
year in the board of assistant aldermen; shall choose its clerks and ^o°rd" ^^^^
other officers; be judge of the election returns and qualifications of its Duties and
own members ; keep a journal of its proceedings, and have power to ^^'•'^^^^ ^
censure a member for disorderly conduct, and to expel a member by a sion?f me^mber's.
vote of two-thirds of all the members elected, five days' notice and an
opportunity of being heard in his defense having been previously given
said member ; but no member shall be twice expelled for the same
offense. Each board shall sit with open doors, except when the public Further duties
.-,,,, , and powers of
welfare shall require secrecy ; a majority oi each shall be a quorum to the boards.
do business, but a smaller number may adjourn from day to day, and
may compel the attendance of absent members ; and the yeas and nays
shall be called at either board at the instance of any one member
thereof.
Sec. 19. That the two boards of common council shall have separate Boards to meet
chambers for meeting, and shall always act as separate bodies, but jy
may appoint joint committees to report upon any subject, or to perform
any act specially designated in the resolution appointing them. Each Powers of boards
board may originate, amend, concur in or reject any ordinance or inpassingresolu-
resolution, except as hereinafter excepted ; but no ordinance shall nances,
become binding or take effect until it sliall have passed both boards, and
no ordinance ""evying'a tax, making an appropriation exceeding five hun-
dred dollars, or providing for the purchase or sale of real estate, shall
be passed, except by a majority of the members elected in each board ;
nor shall any ordinance or resolution which shall contemplate a specific
work or improvement, or the sale, disposition or the appropriation of
public property, or the expenditure of public moneys, or the income
therefrom.
Sec. 21. That no member of the common council shall hold Members of com-
any other employment or office under the government of New Orleans ™°" "'""'^il Pi<^-
^ r- »» ^ D Tented from
while he is a member of said council; and no member of the common holdiug certain
council, or any officer of the corporation, shall be, directly or indirectly, heing^'interested^
interested in any work, business or contract, the expense or price or ^^ principal or
•^ ' _ . surety in certam
consideration of which is paid from the city treasury, or by an contracts.
assessment levied by ah ordinance or resolution of the common council;
nor be the surety of any person having a contract, work or business
with said city, for the performance of which security may be required.
Act 1856, p. 140.
For "Impeachments," see Act 1856, p. 141, sec. 22.
Sec. 23. That upon the first organization of the common council of powers vested in
the city of New Orleans, as herein provided, the city of New Orleans, common council,
as establshed by this act, shall be vested with all the powers, rights,
privileges and immunities incident to a municipal corporation and
necessary for the proper government of the same. — Act 1856, page 141.
An Act to limit the Indebtedness of the city of New Orleans.
Section 1. Be it enacted hy the Senate and House of Representatives of Council prohibit-
ive State of Louisiana in General Assembly convened, That it shall not ing the amount'
54
COMMON COtJNCIIi.
of the indebted-
ness of the city.
When said in-
debtedness fhall
be reduced to
$12,000,000, it
shall not be law-
ful to increase it
in any manner.
Warrants not to
be issued by
Comptroller un-
less there be
funds appropri-
ated to pay the
same.
hereafter be lawful for the council of the city of New Orleans to
authorize any increase of the amount of the present indebtedness of
said city.
Sec. 2. That after the total indebtedness of said city shall have
been reduced, under the operations of existing laws, to the amount of
twelve millions of dollars, it shall not be lawful for the city council to
authorize any increase of said indebtedness, beyond the sum herein
specified, whether the said debt be in the form of bonds, loans, contracts,
or engagements under any ordinance, resolution or other acts.
Sec. 3. That from and after the passage of this act, no warrant or
order on the treasury of said city, for the payment of money, shall be
issued by the comptroller or any other officer of the city, unless there
be, at the date of such warrant or order, sufficient funds in the
treasury, duly appropriated by the council to pay the same. — Act 1855,
page 228.
An Act to define the Powers of the corporation of the city of New Orleans.
Section 1. Be it enacted by the Senate and House of Representatives of
Duty of mayor the State of Louisiana in General Assembly convened, That from and after
01 y counci . ^j^^ passage of the present Act, it shall be incompetent to the mayor
and city council of the city of New Orleans, or to either of the
municipalities of said city, to enact, or to enforce or execute, any law,
ordinance or regulation now enacted, whereby any tax, duty, impost or
charge of any nature whatsoever shall be or is imposed upon goods,
produce, Avares, and merchandise, of whatsoever kind or nature, landed
in, or shipped from, the corporate limits of said city.
Sec. 2. That nothing in this act shall be so construed as to interfere
with any inspection or health laws which the said city of New Orleans
may now, by law, be authorized to enact. — Act 1843, p. 55.
For " Specific Powers of Common Council," see Act 1850, p. 161. sec. 19.
Equal and uni-
form tax, to be
levied annually.
Rate of taxation.
Common council
to divide the city
into assesisment
districts; district
to be assigned to
each assessor.
Sec. 42. That the common council of the city of New Orleans shall,
for the purposes of this act, once, and not oftener, in each and every
year, lay an equal and uniform tax upon all property, real and personal,
in said city ; but said tax, added to the consolidated loan tax, and to the
special tax for payment of the annual interest on the bonds issued by the
city for subscriptions to the stocks of the New Orleans, Opelousas and
Great Western Railroad Company, the New Orleans, Jackson and Great
Northern Railroad Company, and the Pontchartrain Railroad Company,
shall not in the aggregate be more than one dollar and fifty cents on one
hundred dollars of valuation, except in case of invasion or insurrection :
Provided, it be sufficient to pay the interest on the consolidated debts and
railroad bonds issued by the city of New Orleans.
Sec. 45. That the common council shall divide the city of New
Orleans into convenient assessment districts, not exceeding the number of
assessors elected ; and shall assign to each assessor his district. — Act of
1856, p. 148.
COMMON COUNCtL. 55
Sec. 124. That the common council shall once in every twelve months, Detailed estimate
before fixing and deciding upon the amount of taxes to be assessed for put™ed? ^^
the ensuing year, cause to be made out a detailed estimate, exhibiting
tbe various items of liability and expenditure, including the requisite
amount for contingent expenses, during said year ; and shall cause the
same to be published, for at least ten days, in the official journal of the
city ; and such rate of taxation, not exceeding one dollar and fifty cents
on one hundred dollars of valuation, shall thereafter be fixed and assessed
as, together with other revenues of the city, may be necessary to meet Adoption of said
said estimated liabilities and expenditures. The adoption of said detailed ^^.^^ ^^ ^^ appro-
estimate shall be considered as the appropriation of the amount therein prlation.
stated for the purposes therein stated ; and no money shall be drawn drawn°rom°city
from the city treasury, except the same shall have been previously appro- treasury, unless
*' ^ J r- r ^ i X previous appro-
priated for the purpose for which it was drawn. priation has been
made.
Sec. 125. That the common council shall organize the departments of Organization of
comptroller, treasurer, surveyor, street commissioner and city attorney, partmentsby tbe
regulate the number of clerks and other officers to be employed by each common council,
department, and fix the salaries of such clerks and officers ; said clerks and
officers shall be appointed by said comptroller, treasurer, surveyor, street
commissioner and city attorney, respectively, by and with the advice and
consent of the board of aldermen ; but said clerks and officers may be Officers may be
discharged by said comptroller, treasurer, surveyor, street commissioner, comptroller, ^tc
or city attorney, respectively, at pleasure; and in case of the discharge
of any clerk or officer by said comptroller, treasurer, surveyor, street
commissioner, city attorney, the fact of said discharge shall be
communicated to the board of aldermen at its first meeting thereafter,
together with the cause thereof.
Sec. 126. That the common council shall fix the compensation of the Compensation of
services of every officer of the city or of the State, whose said services ^ffi<^"s, how
are, by law, to be paid by the city of New Orleans.
Sec. 127. That it shall not be lawful for the common council to Salary or com-
increase the salary or compensation of any officer, during the term for SelncSod?* *°
which said officer has been elected ; nor permit the compensation of any
salaried officer to be increased by allowing him any fees for the perform-
ance of any duty imposed on him by this act, or by said common council.
Sec. 128. That in addition to the power of removal by way of Power of re-
impeachment, the common council shall have power to remove, at any ™°^'''-
time, from office, any officer of the corporation, elected by said council,
by resolution declaratory of its want of confidence in said officer; provided,
that two-thirds of the members elected to each board of said council
shall vote in favor of said resolution.
Sec. 132. That the common council of New Orleans shall have power Bond and securi-
to require bond and security from all persons holding any office of trust ed by^offi^^ers!^'^'
or emolument in the city administration, for such sum as it may deem
proper. — Act 1856, p. 165.
56 COMPTROLLER.
»
And see in General, Act 1836, p. 28.
" Act 1850, p. 129 and p. 156.
Act 1852, p, 42 and p. 55.
Act 1853, p. 99.
" Act 1855, p. 12 and 325.
Act 1856, p. 68, 109, and 136.
For Decisions of Supreme Court relative to the Powers, Duties, etc.,
of the Common Council, see " New Orleans."
COMPTROLLER.
To control fiscal No. 197. (1.) The comptroller shall have a general superin-
tendence of the fiscal affairs of the city corporation, and shall
manage the same in the manner required by the city charter, by
the laws of the State, and by the ordinances and resolutions of
the common council not inconsistent with this ordinance.
To prescribe No. 198. (2.) He, together with the chairmen of the finance
books.^ ^^^^°^ committees of the common council, shall prescribe the mode and
• ' form of keeping the corporation books and accounts in every
department entrusted with the receipt and expenditure of money,
and the mode and form of the rolls to be used by the board of
assessors in the assessment of the valuation of property for the
purpose of taxation, except as it is provided in the city charter,
approved March 12, 1856 ; and said books and accounts, and
rolls and books kept by the board of assessors and board of
supervisors shall be, at all times, subject to the inspection of the
comptroller, the treasurer and chairmen of the finance committees
of the common council and members of the common council.
His books and No. 199. (3.) He shall cause to be kept a full and regular
set of books in detail, by double entry, of the fiscal operations of
the corporation, in which shall be opened and kept as many
accounts under appropriate titles, as may be necessary to show,
distinctly and separately, all the receipts and expenditures of the
corporation, all the debts due to it from others, each separate lot of
♦real estate owned by it, and all the assets of the corporation of
whatever kind. Said accounts shall be kept so as to show the
amount raised from each source of revenue, and for each district
of the city, as near as practicable, and the amount of Expendi-
tures classified by reference to the departments in which they
originated ; and when for improvements, classified by the several
districts of the city in which made. ^
accounts.
COMt>TftOLLEE. » 67
No. 200. (4.) He shall examine^ audit and settle all claims Claims,
or demands for or against the corporation, for which provisions
have been made ; and when no provision has been made, shall
examine such claims or demands and report to the council the
facts, with his opinion thereon ; and all accounts or bills for the
collection of the revenue shall originate in his office.
S:e "Claims," p. 43.
No. 201. (5.) He shall sign and approve all orders or other to approve
, . , , , , orders, etc., and
documents which may be necessary to enable any person to pay to issue licensed.
money into the treasury ; shall issue all licenses which the city
ordinances may require to be taken out by persons liable to be
taxed therefor ) and shall in each year, as soon as the rate of
taxes for licenses may be fixed, deliver to the treasurer as many
licenses, with the name of the person licensed in blank, with his,
said comptroller's signature, as may be required, and shall take
said treasurer's receipt therefor, specifying the aggregate amount
of each class ; and said treasurer shall exhibit from time*to time,
and at the end of the year return to the comptroller, cancelled,
all such as may not have been disposed of, and credited by him
in his account of receipts.
No. 202. He shall in each year, as soon as the rate of taxes Tax receipts.
on property may be fixed, cause to be prepared the tax receipts,
and at or before the time fixed for the payment of said taxes,
deliver the same to the said treasurer, who shall give his receipt
therefor, specifying the aggregate amount thereof; and said
treasurer shall from time to time exhibit to the comptroller all
such as may not have been paid and credited in his accounts of
receipts; and at the end of the period fixed by law for the
payment of taxes by the tax payers into the treasury, said comp-
troller shall verify the said treasurer's receipt for tax bills with
his account of receipts thereof, and the receipts of the city
attorney or assistant city attorney for such as may have been
delivered to him for collection, and debit the said treasurer with
the deficiency, if any.
No. 203. He shall keep a separate book in which he shall Bills for assistant
charge the assistant city attorney with all bills, accounts and suits ^^^^ ^^^^'
put into said attorney's hands for collection, and credit him with
all amounts paid into the city treasury, so as to show at all times
the amount of his liabilities.
No. 204. (6.) He shall draw and sign all warrants on the warrants on the
treasurer for moneys which may be authorized to be drawn from *'^^»^"^y-
8
58 ^ COMPTROLLER.
the treasury^ under any appropriation made by the common
council ; but he shall not warrant upon the treasurer for the
payment of any bill, requisition, claim, pay-roll or demand of any
nature whatsoever, whether the same arise out of contract or
otherwise, except said bill, requisition, claim, pay-roll or demand
is presented to said comptroller, with the signatures of the
chairmen of the finance committees of the common council
endorsed thereupon in approval of the same. And said comp-
troller shall retain in his hands, as his vouchers, all bills,
requisitions, pay-rolls and other evidences, of claims and demand
so warranted for by him, and shall register the same in regular
order in a book kept for that purpose ; but where a third party
is liable to the city for payment or reimbursement, in whole or in
part of any claim or demand so warranted for by said comptroller,
said comptroller shall place said claim or demand in the hands of
the city attorney for collection, taking his receipt therefor. And
no warrant of payment shall be drawn by the comptroller in any
case, unless the sum specified therein is covered by an lappropria-
tion previously made for that purpose by the common council.
Nor shall the treasurer pay the same unless the resolution or
ordinances making the said appropriation be distinctly cited in said
warrant.
Semi-annual No. 205. (7.) He shall, in the months of January and July
of each year, lay before the common council, in tabular form, a
report of the expenditures and receipts, during the past six months,
giving not only the various items of said expenditures and
receipts, but a full detail of the names of all persons to whom
money has been paid, or notes or bonds issued, the amount thereof,
the number of the warrant and the date of the resolution or
ordinance authorizing the expenditure. The report shall also
embrace a statement of the indebtedness of the city, showing in
detail all outstanding obligations, their date, amount, to whom
and for what issued, when due, and under what resolutions or
ordinance authorizing the expenditure. The report shall also
embrace a statement of the indebtedness of the city, showing in
detail all outstanding obligations, their date, amount, to whom and
for what issued, when due, and under what resolutions or ordinan-
ces authorized. It shall also contain estimates to be made by the
street commissioner, surveyor, and chairmen of the finance com-
mittees of the common council, of the receipts and expenditures
for the current six months ; also, a tabular statement showing
separately the whole amount of each appropriation of money,
report.
COMPTROLLER. *" 59
the amount paid under the same, and the balance, if any ; also,
a statement of all officers of the city charged with the receipt or
disbursing the public money, who may have failed to settle their
accounts or to pay over to the treasurer the amount due by them,
at the time required by law or ordinance, with all particulars
connected therewith ; and also such suggestions as he may deem
expedient for the support of the city's credit, lessening expenses
of the city government, and generally all such matter in connec-
tion with the fiscal affairs of the city as the comptroller may
consider of public interest.
Said report, in a condensed form, shall he published in book
form, the number of copies to be fixed by the common council.
No. 206. (8.) He shall offer at public auction, or otherwise Sale cf contracts,
as the common council may direct, and adjudicate to, or accept
the sealed proposals or bids, of the lowest bidder who can furnish
security satisfactory to the council, all contracts for public works,
materials or supplies ordered by the common council ; and shall
adjudicate to the highest bidder all leases or farming of markets,
ferries or grants, or leases of other privileges which may be sold
by the council, and report said adjudication and the security
offered to the common council at their next regular meeting
thereafter. The said council may reject any bid at their discretion,
and a failure to approve within sixty days of the adjudication
shall be a rejection of a bid.
No. 207. (9.) He shall report to the common council Defalcations and
immediately any default or delinquency in any officer of the city mentl
charged with the receipt, custody or disbursement of public
moneys ; shall require, from every officer of the city charged
with the receipts of public moneys, a settlement of his accounts
at, or within, the period fixed for such settlements ; and in cases
where no period is fixed for settlements, then, every week, and
shall require the payment into the treasury forthwith of any
sum due by such officer.
No. 208. He shall report to the common council, in the Report of all
month of April, of each year, a statement of all contracts made,
or directed, or authorized by the corporation, classifying each,
and not performed or completed, and upon which any money remains
unpaid, with the amount so unpaid on each : Provided, he be
authorized to require from the street commissioner, the surveyor,
or any other officer in whose department such contracts are being-
executed, such information as the said comptroller may need to
enable him to fulfill the duty imposed upon him by the present
article.
60
COMPTROLLER.
Orders for sta*
tionery, etc.
Appropriations.
Debts due the
city.
Conditions of
contracts.
No. 209. He shall, on requisitions of the several heads of
departments, wharfingers, recorders and officers of the city duly
authorized thereto, issue orders for coal, stationery, oils, etc.,
required by them in the discharge of their duties; but said
orders shall be null and void unless duly approved and signed by
either of the chairmen of the finance committees of the common
council; and no debt contracted by any officer or officers of the
city shall be recognized unless upon such requisition approved as
aforesaid.
No. 210. (10.) He shall report forthwith to the council
every case in which an appropriation is exhausted, the object of
which is not completed, with a statement of the moneys drawn,
the particular purpose for which they were drawn, the cause of
the deficiency, and an estimate of the amount necessary to
complete the object of the appropriation.
No. 211. (11-) He shall direct legal proceedings to betaken
for the recovery of every debt of every nature whatsoever due to
the corporation, immediately upon the maturity of said debt,
except when otherwise provided for; he shall report quarterly to
the council a detailed statement of all debts due to the corporation,
with all particulars connected therewith ; he shall, whenever by
law or ordinance the corporation may be entitled to any lien
or privilege upon property, immediately upon the accruing of
said privilege, cause the same to be recorded in the mortgage
office of said parish ; and he shall, from time to time, cause to
be re-inscribed within the time to preserve the original lien, all
judgments, mortgages for capital of ground rent, or other privileges
to which the corporation may be entitled; and cause all judgments
in favor of the city to be revived before the expiration of ten
years.
No. 212. (12.) Inallcontractsadjudicatedbythe comptroller, one
of the conditions shall be (to be stated by him at the time of the
adjudiciition, and inserted in the specifications, if any be published)
that in case of failure by the contractor to begin or finish the
work within the period fixed, or in case the council be dissatisfied
with the manner in which the work is being executed, the council
shall have the right to annul the said contract without putting
the contractor in default, and without applying to a court of
justice to annul the same, and without indemnity ; and also that
in case the contractor shall at any time abandon any work or
undertaking, or not finish and complete the same in conformity
with his contract, such contractor shall forfeit all claim he may
COMPTROLLER. * 61
have for any work or undertaking done by him up to the date of
such abandonment, and such sum as may have been deposited in
the treasury by such contractor, and the city shall be hereby
discharged and released from any and all liability therefor; and
that in case such work or undertaking be re-sold, the contractor
and his surety or securities shall be held and bound in solido to
pay unto the city all such loss or difference between the price at
which such contractor originally contracted to perform the work
or undertaking, and the price at which it may be adjudicated at
a re-sale or re-adjudication ; and in all cases of contracts in which
the proprietors of property to be benej&tted, or others may be
liable by laws or ordinances for the whole or a portion of the
cost, one of the conditions of the adjudication shall be that the
contractor shall abandon all claim on the city for the proportion
payable by the said property holder, or other person ] and that
the city will subrogate the contractor to all its rights and privileges
against the said property holder, or other person.
No. 213. (13.) He shall, at the end of each quarter, compare Treasurer's re-
1 • 1 -I 1 ports and ac-
the quarterly report oi the treasurer to the council, and the counts,
voucher relating to the same, with the books of the office,
and shall report to the council, quarterly, a detailed statement
of the receipts and expenditures of the quarter, verified by a
comparison of his and the treasurer's accounts.
No. 214. (14.) He shall, when satisfied that errors have been Errors in afsess-
committed in the assessment of taxes, or in the bills for taxes or '°'^°^*'-
other branches of revenue, or where several portions of property
belonging to different persons have been assessed in one
parcel, or when property has been omitted to be assesessed, report
the same to the council, and make such alteration or additional
assessment as may be just.
No. 215. (15.) He shall from time to time inspect the lists Treasurer's list
prepared by the treasurer, of persons liable to tax for license ; sons'.^tcl*^ ^^"^
and shall verify the same by a comparison of the assessnient for
the like object of the State assessors, and by the receipts of
other years, and by any other means in his power, and shall
report to the council from time to time the plans for the more
effectual collection of the license taxes and all others.
No. 216. (16.) He shall require that all bonds to be given Bonds of officers,
by officers of the city for the faithful performance of their duties,
shall be executed before him. •
gee No. 73.
62
To sign certain
bonds.
His deputies.
Archives.
His bond, etc.
Repealing clause,
COMPTROLLER.
No. 217. (17.) He shall sign, with the mayor and treasurer,
all b.onds issued by the commissioners of the consolidated debt
of the city ; and shall, in addition to the duties enumerated,
perform such others as the council may prescribe.
No. 218. (18.) By and with the advice and consent of the
board of aldermen, the comptroller shall appoint the following
officers, to be employed by him by the year, viz :
A deputy comptroller, whose duty shall be to aid and assist the
comptroller in the performance of all the duties imposed upon
the latter, and to act and sign in his place in case of absence or
sickness ; for whose official acts said comptroller and his sureties
shall be responsible.
A book-keeper, an assistant book-keeper, and a clerk.
The salaries of those officers shall be as follows, to wit :
Deputy comptroller $1 800
Book-keeper 1500
Assistant book-keeper 1500
Clerk 1?00
And paid monthly by the treasurer, and when the time for
preparing the tax bills shall arrive, every year, the comptroller
shall be allowed such a number of extra clerks, and for such a
length of time, as the chairmen of the finance committees may
think proper; the salaries of these extra clerks to be fixed by
the chairmen of the finance committees and the comptroller, and
paid as provided for by the said officers. •
No. 219. (19.) The comptroller shall keep in his office all
titles, deeds, contracts, official bonds and evidences of debt,
belonging to the city, except such as may be directed by him to
be kept elsewhere.
See No. 1.
No. 220. (20.) He shall, previous to entering on the
discharge of the duties of his office, execute his bond before the
mayor in favor of the city, in the sum of twenty thousand dollars,
with two or more good and sufficient securities, in solido, condi-
tioned for the faithful performance of the duties of his office,
and for that of his deputies, for whose acts he shall be liable, and
also for the transferring to his successor all the books and papers
of his office ) and the council may require new and additional
security whenever it may deem that given insufficient.
No. 221. (21.) All resolutions or ordinances contrary to the
provisions of the present ordinance are hereby repealed.
COMPtfeOtitEA. 63
No. 222. (22.) This ordinance shall go into ejBTect and be when to go into
in full force from and after its passage.
City ordinance, No. 3017 . Approved August 25, 1856.
No. 223. That the comptroller be requested to keep a book, His books.
on the credit side of which shall be entered all ordinances or
resolutions authorizing the payment of money; and on the debit
side all payments made in pursuance of them.
Ordinance No. 2588.
No. 224. From and after the passage of this resolution, all Specifications.
specifications for public works shall be approved by the committee
on streets and landings before being published, and that the
comptroller be and he is hereby directed not to sell any contriy^t
until the specification be prepared.
Ordinance, No. 2176.
No. 226. From and after the passage of this resolution, it to re-seii certain
shall be the duty of the city notary, upon the promulgation
of all resolutions approving the adjudications of contracts, to
notify the parties thereof, through the post-office, and, if within
ten days thereafter the contractors and securities have not
signed their contracts, it shall become his duty to inform the city
comptroller thereof, and said comptroller shall, after five days
notice in the official journal, proceed immediately to a new sale,
the amount deposited by the previous contractor being forfeited
in favor of the city.
City Ordinance, No. 1696.
No. 226. From and after the passage of this resolution, it checks.
shall be the duty of the treasurer of the city of New Orleans, in
drawing checks as treasurer of said city, to draw the same
payable to the order of the comptroller of the city, which checks
shall also be countersigned by the comptroller and registered by
him in a book especially set apart for that purpose.
The comptroller of the city of New Orleans shall render weekly reports,
weekly to the common council a detailed statement, showing for
what purposes said checks were drawn.
City Or li nance, No. 2634.
No. 227. That the comptroller be, and he is hereby author- Redemption of
ized to comptrol all checks issued by the treasurer, having for "'^ ^^'
their object the redemption of notes upon which the city may
be liable as endorser, and which may have been protested for
non-payment.
City Ordinance, No. 2954.
64
COMPTROLLER.
Debts of late
munioipalities,
To collect city
rents, etc.
Amending
No. 229.
Duties and
powers of Comp-
troller.
No. 228. From and after the passage of this resolution tlie
comptroller, in comptrolling bills for work contracted for by
either of the late Municipalities or the city of Lafayette, and
payable in bonds or notes bearing interest, may issue cash
warrants on the treasurer for the same.
City Ordinance, No. 311.
No. 229. It shall be the duty of the street commissioner to
make a list of all the improved property of the city subject to
rent, and to rent and collect all rents and dues for the same, and
pay the amounts collected to the city treasury, making a monthly
report of the same to the finance committees.
City Ordinance, No. 1893. Amended by No. 230.
No. 230. That resolution No. 1893, approved December 8th,
1854, be so amended as to substitute the words " city comptroller'^
in place of the words " street commissioner."
City Ordinance, 3040. See No. 490.
To " register certain Certificates," see No. 159 . ,
Duty relative to " Fiscal Agency," see No. 333.
Duty as to " Printed Forms," etc., see Nos. 568 and 571.
ACTS OF THE LEGISLATURE.
For his election see Act 1856, p. 138, sec. 8, (placed under title of
«' Officers.")
Sec. 30. That the comptroller shall have a general superintendence
of the fiscal affairs of the corporation. He, together with the chairmen
of the finance committees of the common council, shall prescribe the
mode and form of keeping the corporation books and accounts in every
department entrusted with the receipt and expenditure of money, and
the mode and form of the rolls, except as hereinafter provided, to be
used by the board of assessors, in the assessment of the valuation of
property for the purpose of taxation , and said books, and accounts and
rolls, and books kept by the board of assessors and board of supervisors,
shall be, at all times, subject to the inspection of the comptroller, the
treasurer, and chairmen of the finance committees of the common coun-
cil. The comptroller shall examine and audit all claims and demands
against, or in favor of the corporation ; and all accounts for the collection
of the revenue shall originate in his office. No money shall be received
by the treasurer or any other officer, from any source whatever, except
on a written order, receipt, or other document, signed by the comptroller;
and no money shall be paid out of the treasury, unless authorized by an
ordinance or resolution of the common council, and on a warrant signed
by the comptroller. All accounts or bills for the collection of revenue,
shall be divided into classes, corresponding with the different sources from
which said revenue is drawn ; and the accounts or bills, of each class,
shall be numbered from one upwards ; and said account or bill, when
delivered to the treasurer, shall be charged to said treasurer on the books
1
[
COMPTROLLER. 65
of the comptroller, as cash received by said treasurer, to be accounted
for by him. Tbe comptroller shall not warrant upon the treasurer for the
payment of any bill, requisition, claim, pay-roll, or demand of any nature ♦
whatscfever, whether the same arise out of contract or otherwise, except
said bill, requisition, claim, pay-roll or demand, is presented to said
comptroller with the signatures of the chairmen of the finance committees
of the common council endorsed thereupon, in approval of the same ;
and said comptroller shall retain in his hands, as his vouchers, all bills,
requisitions, pay-rolls and other evidences of claims and demands so
warranted for by him, and shall register the same in regular order in a
book kept for that purpose ; but where a third party is liable to the city
for payment or reimbursement, in whole or in part, of any claim or
demand so warranted for by said comptroller, said comptroller shall
place said claim, or demand, in the hands of the city attorney for collec-
tion, taking his receipt therefor. The comptroller shall keep a full set
of books, in which all the fiscal operations of the corporation shall be
recorded. He shall, in the months of January and July, of each year,
lay before the common council a report of the receipts and expenditures
during the past six months, giving, not only the various items of said
receipts and expenditures, but a full detail of the names of all persons to
whom money has been paid, or notes or bonds issued, the amount thereof,
the number of the warrant and the date of the resolution or ordinance
authorizing the expenditure. The report shall also embrace a statement
of the indebtedness of the city, showing in detail all out- standing obli-
gations, their date, amount, to whom and for what issued, when due,
and under what resolutions or ordinances authorized. It shall also con-
tain estimates, to be made by the street commissioner, surveyor, and
chairmen of the finance committees of the common council, of the
receipts and expenditures for the current six months. Said report, in a
condensed form, shall be published ia book form. All contracts for public
works, or for materials or supplies ordered by the common council, shall
be offered by the comptroller at public auction, and given to the lowest
bidder, who can furnish security satisfactory to the common couucil ; or
the same shall, at the discretion of the commoa couocil, be advertised
for proposals, to be delivered to the comptroller in writing, sealed, and
to be opened by said comptroller, in presence of the chairmen of the
finance committees of said common council; and given to the person
making the lowest proposal therefor, who can furnish security satisfac-
tory to th^ common council: provided, that the common council -
shall, in either case, have the right to reject all bids or proposals.
All bonds shall be signed by the mayor, and countersigned by the comp-
troller and treasurer. The comptroller shall also, immediately after the
election of a fiscal agent, as provided by this act, furnish said agent,
under the provisions of this act, with such a description of each coupon,
its number, letter, amount, time to run, when due and where payable, as
will be sufficient to identify the same. He shall also furnish such samples
and descriptions as said agency may require for the use of its agents, in
places out of New Orleans. And he shall generally, in addition to the
duties herein enamerated, perform all such other duties as the common
9
66 CONSOLIBATEft CITY DEBT — TAX, ETC.
Sa^-^ry of Comp- council shall prescribe ; and he shall receive for his services as a salary
trolier. .$4,000 per annum.— Act 1856, p. 143.
t
Warrants not to Sec. 3. That from and after the passage of this act, no warrant or
Comp^roller^un- o^der on the treasury of said city, for the payment of money, shall be
less there be issued by the comptroller or any other officer of the city, unless there
lunds appropn- .; i- .; ^ '
ated to pay the be, at the date of such warrant or order, sufficient funds in the treasury,
duly appropriated by the council to pay the same. — Act 1855, p. 228.
See Act 1856, p. 160, sec. 108, (placed under "Ordinances.")
See Act 1856, p. 160, sec. Ill, (placed under "Revenue.")
See Act 1856, p. 166, sec. 125, (placed under " Officers.")
See Act 1855, p. 288, (placed under " Contracts.")
same.
Bigned.
CONSOLIDATED CITY DEBT— TAX, ETC.
For the Consolidated Loan Tax for the year 1856, see " Revenue," No. 734.
Bond*, how to bo No. 231. He, (the comptroller) shall sign, with the mayor
and treasurer, all bonds issued by the commissioners of the con-
solidated debt of the city; and shall, in addition to the duties
enumerated, perform such others as the council may prescribe.
City Ordinance, No. 1442. Art 17.
No. 232. Whereas, the city of New Orleans is still interested
in a large number of unsettled and unliquidated suits, entered
prior to the consolidation of this city in the year 1852;
And whereas, there may be expected to be found, under due*'
examination of numerous municipal contracts and other docu-
ments and records, a number of just causes of claims against
third parties, which claims lay unknown to the present govern-
ment of the city, and which it is desirable and beneficial to dis-
cover, settle and liquidate;
And whereas, all sums accruing from the liquidation of said
old suits, and the settlement of said unknown claims could be
properly applied to the extinguishment of the debts of the old
city, and also of the debts of the city of Lafayette, incurred
before the time of their consolidation in a single corporation;
And whereas, such old suits require special searches, and
laborious and exceptional proceedings which cannot be considered
as incumbent upon the city attorney, nor making part of his legal
and regular duties;
And whereas, such unknown titles of claims against third
parties require, if any there are, great exertions to be detected
•CONSOLIDATED CITY DEBT — TAX, ETC. 67
and determined, which exertions cannot be asked for from any
of the regular ofl&cers of the city :
(1.) Be it resolved. That the board of commissioners of the Commissioners
^ ^ to compromise,
consolidated debt of New Orleans are hereby empowered and etc.
authorized to terminate, settle and liquidate in the name of the
city of New Orleans, by way of judicial proceedings, compromise
or otherwise, with full power to act, to them granted hereby, for
any such old suits not yet liquidated, in which the cities of New
Orleans and Lafayette acted as plaintiffs, prior to the consolida-
tion of this city, in the year 1852, either under the old corpora-
tion of the city of New Orleans prior to its division in three
distinct corporate bodies in the year 1836, or under its existence
into three municipalities before their consolidation in 1852, and
also under the old corporation of the city of Lafayette prior to
the year 1852, and also under the old corporation of the parish
of Orleans, and either in the name of said cities of New Orleans
or Lafayette, or in the names of the Municipalities, Nos. One,
Two and Three of the city of New Orleans, or also in the name
of either the general council or the general sinking fund of the
city of New Orleans, or also in the name of the police jury of
the parish of Orleans.
(2.) That said commissioners of the consolidated debt of To appoint coi.
New Orleans, are hereby authorized to secure the services
of, and to contract with suitable persons to make the neces-
sary searches and complete such proceedings as may be necessary
to liquidate and settle such old suits, and also to detect and dis-
cover such title of unknown claims in which the city of New
Orleans may be interested against third parties, but in which no
action has been taken up to this date, and for which the said
board of commissioners of the consolidated debt of New Orleans
are hereby authorized to sue for and settle by way of compromise
or otherwise, in the name of the city of New Orleans.
(3.) That such persons so selected by the said board collectors' com-
of commissioners of the consolidated debt of the city of New p^"^**^°^-
Orleans, for the purpose of liquidating such old suits and discov-
ering such unknown titles of claims, be entitled to receive by
contract, such per centage out of the proceeds of the settlement
of such old suits or unknown claims as may be agreed on by said
commissioners, provided such persons bind themselves to take
charge of all expenses or costs which may be incurred in conse-
quence of the revival of such old suits ; and in case the city of
New Orleans should recover nothing from the same, and
debt,
68 CONSOLIDATED CITY DEBT — TAX, ETC.
provided said contractors enter into bonds in tlie sum of
$10,000, with good security, subject to the approval of said
board of commisssioners of the consolidated debt of the city of
New Orleans, and so conditioned as to cover, secure and exoner-
ate the city of New Orleans against any eventual payment or
disbursement of money for any of the causes aforesaid ; and
provided it be well understood that said contractors shall have in
no case, anything to claim as a compensation for their services, or
as a reimbursement of their expenses, or otherwise, from the
city of New Orleans.
City Ordinance, No. 1759. Approved July 27th, 1854. See No. 491.
Additional city No. 233. Whereas, From the report of the commissioners of
the consolidated debt, it appears that there matured on the 1st
July, 1855, sixty-eight bonds of the old city, of $1,,000 each,
issued to Andrew Hodge ; also, on the 1st Nov. 1855, three
hundred and twenty-eight bonds of the old city, of $1,000 each,
issued to the Draining Company, amounting in all tO'$396,000 —
the same being a part of the consolidated debt of the city of
New Orleans. And, Whereas, The charter of the city provided
that new bonds of the city should have been exchanged for the
same or sold for the purpose of paying the same. And, whereas,
after duly advertising, no bids were received, satisfactory to the
commissioners, whereupon the sale was deferred, and the holders
of the bonds notified that interest would be paid upon the same
until redeemed, at the rate of six per cent, per annum.. Therefore,
Be it Resolved, That the Citizens' Bank of Louisiana (the
fiscal agent of the city) be and is hereby authorized to pay to
the holders of the aforesaid bonds the semi-annual interest as the
same may become due, at the rate of six per cent, per annum,
from the maturity of the bonds until the. principal be redeemed,
when such interest as may have accrued since the last payment
of interest be also paid to the holders of said bonds, out
of the money deposited to the credit of the consolidated loan tax
with the said fiscal agent.
That the comptroller of the city be directed to receipt to the
said fiscal agent, for any sums paid on account ot the above
resolution, out of the consolidated fund.
That a copy of the above preamble and resolutions be forwarded
to the cashier of the Citizens' Bank.
City Ordinance, No. 2730. Approyed May 2d, 185a
CONSOLIDATED CITY DEBT — TAX, ETC. b9
ACTS OF iRE LEGISLATURE.
Sec. 37. That the debt of the general sinking fund, commonly called The debts of the
the old city debt, and the debts of the three municipalities, whether in itie8%™d of^thp '
the form of bonds, notes, interest coupons, cash warrants, or any other pneral sinking
*^ . 7 ^ fund, to be as-
species of obligation whatever, shall be assumed and paid by the city of sumed by the
New Orleans, and said city is hereby declared liable therefor. The mayor, orfeans. ^^
comptroller and treasurer, and the chairmen of the finance committees of
the two boards of the common council, shall constitute a commission, to
be called the commissioners of the consolidated debt of New Orleans ; Commissioners of
and they shall have power to issue bonds of the city of New Orleans, ^^bt'^of New*^^**
having not more than forty years to run^ with interest, payable at such Orleans,
place as may be agreed on between said commissioners and the parties to
whom the bonds are issued, irf semi-annual coupons, in exchange for
any bonds, obligations or debts of the old corporation, or of any of the
municipalities, whether matured or not ; or to sell the new bonds and Their powers in
apply the proceeds to the payment of the matured debts of the old bondl'^or'^obfi^a-
corporation, or of the municipalities, but to no other purpose. The bonds ^ions of the city,
thus issued shall form a stock, to be called the consolidated debt of New
Orleans. At the time this act goes into operation, an exact and detailed
statement of the indebtedness of the old corporation, and of each muni- Creation of the
cipality, shall be filed in the office of the comptroller, by the secretary of Srif New Or-
the board of liquidators and the municipal comptrollers respectively, leans,
when the commissioners of the consolidated debt shall proceed to divide
the debt of the old corporation between the several municipalities, in
proportion to the assessed value of real estate within the limits of each,
according to the State assessment roll for 1851. The amount thus Apportiot>ment
apportioned to each, together with its individual indebtedness at the time the'old1;orpora-
this act goes into operation, shall constitute the separate debt of each ^ion.
municipality, and shall be known as the debt of municipality No. one,
No. two and No three. The common council shall annually, in the month
of January, pass an ordinance to raise the sum of six hundred thousand
dollars by a special tax on real estate and slaves, to be called the
consolidated loan tax ; and the rate per cent, of said tax in each
municipality shall be in proportion to the indebtedness of each. All Raising of a con-
ordinances, resolutions or other acts passed by said council, after the tax. * ^ ^^^
first day of January in each year, shall be null and void, unless the
ordinance imposing the consolidation loan tax shall have been previously
passed. At the end of each and every year, any surplus of the consoli-
dated loan tax remaining in the treasury, after the payment of all the ^
, , „ , *^ - ,•' Surplus of the
mterrSt and the expenses of the management of said debt, shall be consolidated loan
applied to the purchase, from ^he lowest bidder, of such bonds issued posed o'? ^^^
under this act as have the shortest period to run ; and the common
council shall have the right of rejecting all bids demanding more than
the face of the bonds ; for which purpose public notice shall be given by
the comptroller, in the official gazette for thirty days, inviting proposals
from bondholders for the sale to the city of the bonds herein described.
•From and after the passage of this act, no obligation or evidence of debt
of any description whatever, except those herein authorized, shall be
70
CONTRACTS AND CONTRACTORS.
issued by the city of New Orleans, or under its authority ; nor shall any
loan be contracted, unless the same be authorized by a vote of a majority
of the qualified voters of said city, which shall be taken in the manner
prescribed by the city council, after ten days' proclamation by the mayor,
in the newspaper chosen by the common council; aud no ordinance
creating a debt or loan shall be valid, unless for some single object or
work distinctly specified therein, and unless such oi'dinance shall provide
to issuing bonds wavs and means for the punctual payment of running interest during the
dences^of debt. ^^o\e time for which said debt or loan shall be contracted, ,and for the
full and punctual discharge at maturity, of the capital borrowed or debt
incurred ; and such ordinance shall not be repealed until principal and
interest of the capital borrowed, or the debt incurred, are fully paid and
discharged. — Act 1852, p. 58.
Restrictions im-
posed upon the
corporation of
New Orleans, as
Debt of Lafayette
assumed by-
New Orleans.
Payment of said
debt, how pro-
vided for.
Sec 5. That the debt of the city of Lafayette shall be assumed and
paid by the city of New Orleans, and the said city of New Orleans is
hereby declared liable therefor ; and the amount of said debt shall be
ascertained, and its payment provided for, and made in the same manner
as the debt of eaeh municipality of New Orleans is ascertained and
provided for in the act to which this act is a supplement ; and in raising
annually the consolidation loan tax for the payment of the debt of New
Orleans, an additional sum of fifty thousand dollars shall be raised for
the purpose of providing for the debt of the city of Lafayette, now added
to that of New Orleans, so that the whole amount of the annual levy of
taxes for the payment of the debt of New Orleans, shall be six hundred
and fifty thousand dollars. —Act 1852, p. 56.
Sec. 42. That the common council of the city" of New Orleans shall,
for the purposes of this act, once, and not ofteiiier, in each and every
year, lay an equal and uniform tax upon all property, real and personal,
Rate of taxation, in said city ; but said tax, added to the consolidated loan tax, and to the
special tax for payment of the annual interest on the bonds issued by the
city for subscriptions to the stocks of the New Orleans, Opelousas and
Great Western Railroad Company, the New Orleans, Jackson and Great
Northern Railroad Company, and the Pontchartrain Railroad Company,
shall not in the aggregate be more than one dollar and fifty cents on one
hundred dollars of valuation, except in case of invasion or insurrection :
Provided, it be sufficient to pay the interest on the consolidated debts and
railroad bonds issued by the city of New Orleans. — Act of 1856, p. 148.
See Acts of 1855, p. 228.
Equal and uni-
form tax, to be
levied annually.
CONTRACTS AND CONTRACTORS.
Surety to
real estate.
No. 234. Aoy person or persons contracting with the
mayor and common council of the city of New Orleans for
any work to he done in pursuance of law or ordinance, or any
CONTRACTS AND CONTRACTORS. ^71
person or persons accepting any office of trust or emolument ffom
said corporation, who'are required by law or ordinance to give
bond for the faithful performance of the duties devolving upon
him or them, shall be, and are hereby, required to furnish
security, who shall be possessed of real estate to the amount of
the obligation of said bond. The corporation reserving the right
of demanding additional security whenever deemed advisable.
City Ordinance, No. 233. See No. 74.
No. 235. From and after the passage of this resolution, all Approval of
.„. „ ,.,. ^ 1 M 1 TT1 • specifications,
specifications tor pubhc works shall be approved by the commit- etc.
tee on streets and landings before being published, and that the
comptroller be and he is hereby directed hot to sell any contract
until the specifications be prepared.
City Ordinance, No. 2176. See No. 556.
No. 236. All specifications for contracts to be let or sold at Publication of
auction by the comptroller, shall be made and published at least ^^^"
five times in the official journal prior to the day of said sale or
letting, which specifications shall be approved by the chairmen
of the committees on streets and landings.
City Ordinance, No. 246.
No. 237. From and after the passage of this resolution, all contractor's
persons to whom contracts maybe adjudicated by the comptroller, rity^*^*° ^^'^^'
shall, at the time of adjudication, offer good and sufficient secu-
rity for the faithful performance of the said contracts, who shall
immediately enter into an agreement binding themselves in that
capacity.
No. 238. That resolution No. 286, approved September 22d, Repealing pro-
1852, be and the same is hereby repealed.
City Ordinance, No. 722.
No. 239. That from and after the passage of this resolution. Duty of city
it shall be the duty of the city notary, upon the promulgation of ^'^'^^^> ^^^'
all resolutions approving the adjudications of contracts, to notify
the parties thereof, through the post office, and, if within ten
days thereafter, the contractors and securities have not signed
their contracts, it shall become his duty to inform the city comp-
troller thereof, and said comptroller shall, after five days' notice
in the official journal, proceed immediately to a new sale, the
amount deposited by the previous contractor being forfeited in
favor of the city.
City Ordinance, No. 1698.
No. 240. That the comptroller be instructed to demand from Contractors to
all purchasers of contracts adjudicated by him^ under authority of cent.,^tc!" ^*
7$ ■■ CONTRACTS AND CONTRACTORS.
the eommon council, as a deposit in cash, at the time of adjudi-
cation, a sum equal to ten per cent, on the estimated amount of
the contract sold, provided said amount of deposit shall not be
less than fifty nor more than five hundred dollars, on the condi-
tion that said deposit shall be returned to the depositor whenever
the council may reject the adjudication, or, whenever the deposi-
tor and his securities shall have si2:ned the act of contract before
the city notary, in cases where the council may have approved
and accepted the adjudication, but in cases whenever the council
may approve and accept the adjudication, and the purchaser of
the contract, or either of his securities refuse or neglect to sign
the contract before the Notary within ten days after such approval
and acceptance, then the whole amount of said deposit shall be
forfeited to the use of the city, to reimburse the city for the
charges and damages resulting from the non-compliance of the
party, on his part, to enter into contract ; and in case a party to
whom a contract may be adjudicated, shall refuse to make a
deposit, as aforesaid, the said adjudication for said cause shall be
declared by the comptroller as null and void, and he shall
thereupon proceed to off'er said contract for sale, and disregard
any bid from the party delinquent, as aforesaid ; and* provided
always, that in all cases of sales of contracts by the comptroller,
by authority of this council, unless otherwise provided for in
the resolution authorizing the sale, the council reserves the right
of rejecting or approving the adjudication as may be deemed
advisable or expedient ; and all ordinances or resolutions incon-
sistent with this be, and the same are hereby repealed.
City Ordinance, No. 2156. Approved May 15, 1855.
For "Conditions of all Contracts," see No. 212. ■
See "Comptroller," No. 206 and No. 208.
Non-fulfillment ^^- -^^- ^* ^^^^^ ^^ ^^® ^^^^ °^ *^^ survcyor to report to
of contracts. ^^q council the non-fulfillmcnt of all contracts in which the city
may be interested.
City Ordinance, No. 455.
Extra work. No. 2-i2. All claims against the corporation for extra work
connected with contracts, shall not be included in the surveyor's
certificates to the contractors, but separate bills shall be brought
before the common council.
City Ordinance, No. 818.
As to "Right of city officers to Contract," eeo "Officers," No. 556.
Certificates bearing interest, see No. 158.
See "Bonds," page 24.
For City Tax on Bonds, etc., see No. 689.
Certificates to Contractors, see No. 802.
Tines, etc., see No. 807
CORONER. 73
ACTS OF THE LEGISLATURE.
An Act entitled an Act relative to works of Improvement in New Orleans.
Sectiox 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly converted^ That all public works,
materials or supplies susceptible of being put under contract, the costs
thereof exceeding five hundred dollars, shall be sold by the" comptroller
at public auction, and given to the lowest bidder who shall give
adequate security ; provided that the comptroller shall have the right,
at the time of the adjudication, to refuse such bid or bids as are
injudicious or against the interest of the city.
Sec. 2. That any party bidding for the works contemplated by this
act, shall have the right to appeal to the common council from the
decision of the comptroller, in case said party should feel aggrieved.
Sec. 3. That the common council shall not have the power to release
any contractor from a strict compliance with the conditions of his
contract, but may grant an extension of time to parties for the
completion of their contracts, when in their opinion it may be just and
proper and for the interest of the city. — Acts of 1855, page 288.
Sec. 21. That no member of the common council shall hold Members of com-
any other employment or office under the government of New Orleans ^nted'from
while he is a member of said council ; and no member of the common l^oldiug certain
' ^ _ offices, and from
council, or any officer of the corporation, shall be, directly or indirectly, being interested
interested in any work, business or contract, the expense or price or surety in certain
consideration of which is paid from the city treasury, or by an contracts,
assessment levied by an ordinance or resolution of the common council; *
nor be the surety of any person having a contract, work or business
with said city, for the performance of which security may be required.
Acts of 1856, p. 140.
See Acts of 1856, p. 143, sect. 30.
CORONER.
No. 243. (1.) From and after the passage of this ordinance, coroner's few.
the coroner shall receive, for each inquest held in the city of
New Orleans, the sum of ten dollars, which amount shall be in
full, and shall include physicians' fees, jurors' fees, burial expenses,
and all other costs incident to the duties of coroner.
(2.) The sum of seven dollars only shall be allowed said
coroner by the city of New Orleans, for services performed as
above, when the friends of the deceased shall claim the right of
burial, or there is property belonging to the deceased sufficient to
defray the expenses of the same.
10
her in each,
parish
74 CORONER.
(3.) Tlie sum of five dollars only shall be allowed wlien, in
conformity with section 2, act No 243, approved May 1, 1847,
no inquest shall be deemed necessary, which sum shall include
burial expenses, and all other charges incident thereto.
Eepeaiing clause. No. 244. (4.) That ordinance No. 239, approved August 2 ,
1852, together with all other ordinances that may affect this
ordinance be and the same are hereby repealed.
City Ordinance, 1^. 22o4/ approved June 23, 1855.
For Coroners' Physician, see '-Physician," No. 584.
ACTS OF THE LEGISLATURE,
An Act to regulate and define the duties of Coroner,
Meetton of coro- Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Asseinhly convened, That a (^roner
shall be elected in each parish by the qualified voters thereof, on the first
Monday of November, eighteen hundred and fifty -five, and every two
His oath and years thereafter ; he shall take the oath prescribed by the Constitution,
°" ' and shall give bond and security according to law, in the parish of
Orleans, in the sum of twenty-five thousand dollars, and in the other
parishes of the State in the sum of three thousand dollars. Should a
Vacancy how vacancy occur subsequent to an election, it shall be filled by the governor,
fill6<i* and the person so appointed shall continue in office until his successor
shall be elected and qualified.
To be conservator Sec. 2. That he shall be a conservator of the peace within the extent
of the peace. of his parish.
Incaseofvacan. Sec. 3. That in case of vacancy in the office of sheriff, the coroner
"'h ^^-^^^ ^^ shall exercise the duties of sheriff until the appointment or election of a
successor ; and while acting as such, he shall receive the same fees as
are allowed by law to the sheriff.
To make inqui- Sec. 4. That it shall be his duty, on being informed of the violent
ries and bury death of any person within his parish, the cause of which is unknown,
bodies m certain '' ^ . " »« ",
cases. immediately to proceed and view the body, and make all proper inquiry
respecting the cause and manner of the death ; and if from such inquiry
lie shall be satisfied that no person has been guilty of causing or procu-
ring the death, and that there are no suspicious circumstances attending
it, he shall, without further proceedings therein, deliver the body to the
friends, if any, there be, for interment; in case there are no friends who
will take charge of the body, and if the deceased shall not have left
Slaves to be property sufficient to pay the expenses of the burial, then it shall be the
buri^ed ^^t the ex- ^^^^ q^ (.j^g coroner to bury it. All slaves shall be buried at the expense
owners. of their owners.
Certificate to be Sec. 5. That where inquests are not taken, he shall make a certificate
of the following or similar import, to wit :
made where in
quests are not
taken.
I, , coroner of the parish of , having notice
of the death of — , and having viewed the body of the said
, and made inquiry respecting his death, do certify that I
CORONER. 75
am satisfied no guilt attaches to any person by reason of the death, and
that an inquest is unnecessary, — (and where it shall have become necessary
to bury the dead body, the certificate shall continue and say) — That the
deceased has no friends who appear to take charge of and bury his body,
nor, as I can ascertain, has he left property sufficient to defray the ex-
penses thereof ; I have therefore buried the same.
Which certificate shall be filed in the office of the clerk of the court Certificate T?here
of the country parishes, and in the office of the Fourth District Court in
the parish of Orleans.
Sec. 6. -That if the coroner shall have reason to suspect that the In what cases
. inquests shall b«
person whose body he shall have been called to view, came to his death held.
by violence, then and not otherwise it shall be his duty forthwith to
proceed and take inquest of said death.
Sec. 7. That when an inquest is to be held, the coroner shall sum- Jury of inquest
mon forthwith five citizens residing in the parish to appear before him,
at the time and place expressed in the summons, then and there to in-
quire upon view of the body of , there lying dead, when
and by what means he came to his death.
Sec. 8. That if any person summoned as a juror shall fail to appear, Fine imposed, on
without reasonable excuse therefore, he shall forfeit the sum of twenty i"tendance?°"'
dollars. All forfeitures under this section, in New Orleans and Jefferson,
may be recovered for the benefit of the Charity Hospital of New Orleans,
by suit to be brought by the administrators of the hospital. And that
in the country parishes all forfeitures recovered under this section, shall
be deposited in the parish treasury and for the use of said parish, by gn^.^^^ °° °
suit to be brought before a justice of the peace and in the name of the
police jury thereof.
Sec. 9. That when the jurors who have been summoned, appear, the Oath of jurors,
coroner shall call over their names, and . then, in view of the body, he
shall administer to them the following oath :
You solemnly swear that you will diligently inquire and true pre-
sentment make, on behalf of the State, when and by what means the
person whose body here lies dead, came to his death ; and you shall
return a true inquest thereof, according to your knowledge and such
evidence as shall be laid before you. So help you God.
If any of the five jurors summoned shall not appear, the coroner Bystanders to be
summoned in
certain cases.
shall summon jurors from" the bystanders to complete the number of summoned m
the jury.
Sec. 10. That he may summon witnesses at such time and place as Attendance of
he shall direct; the person summoned shall be subject to the same pe- ^nfor^ceT"**^^
nalties to be expressed in the summons for non-attendance, as if they
had been served with a subpoena on behalf of the State to attend a
justice's court. It shall be his duty, if necessary, in order to ascertain
the cause of death, and at the request of the jurors in writing, to cause
some surgeon or physician to be subpoenaed to appear as a witness at be^subpSnae? to
the inquest ; and the written request of the jurors that the testimony appear in certain
of a physician or surgeon is necessary to enable them to form a verdict
76
CORONER.
Oath of wit*
Testimony to be
reduced to
writing.
Verdict of jury.
as to the cause of death, shall be by the coroner filed with the corpo-
ration, or other body charged with the expenses of the inquest ; and if
he refuse or neglect to file the written request as above, he shall be
liable to pay the fee of the surgeon or physician, which shall not exceed
ten dollars.
Sec. 11. That he shall administer the following oath to the witnesses:
You solemnly swear that the evidence which you shall give on this
inquest, concerning the death of the person here lying dead, shall be
the truth, so help you God.
Sec. 12. That the testimony of all witnesses examined on any inquest,
shall be reduced to writing and subscribed by the witnesses.
Sec. 13. That the jury, upon the inspection of the body, and after
hearing the testimony of witnesses and making all needful inquiries,
shall draw up and deliver to the coroner their inquisition, under their
hands, in which they shall find and certify when and by what means
the deceased came to his death, and his name, if it is known, together
with all material circumstances attending his death, and if it shall
appear that the deceased was feloniously killed, the jurors shall further
state who were charged with being guilty, either as principals or
accessories, if known, or with being in any manner the cause of his
death, which inquisition may be in substance as follows :
Form thereof.
An inquisition taken at-
on the day of
, in the parish of-
in the year , before-
the coroner of the parish of
of , (or a person) there lying dead.
, upon the view of the body
The jurors whose
Witness shall be
bound to appear
at court.
Return to be
made by coroner.
Certain wit-
nesses may be
committed to
jail.
Duty of coroner
to make arrest.
Expenses of in-
quests how paid.
names are hereunto subscribed, having been sworn to inquire on behalf
of the State when and by what means said came to his
death, upon their oath do say: — (then insert when, how and by what
person or persons, means, weapons or instruments he was killed. ) In
testimony whereof the coroner and jurors of this inquest have hereunto
subscribed their names, the day and year aforesaid.
Sec. 14. , That if the jury find that any murder or manslaughter
has been committed on the deceased, the coroner shall bind over, by
recognizance, such witnesses as he shall think proper, to appear and
testify at the next court to be held in the parish at which an indictment
for such off'ense can be found; he shall also return to the court the
inquisition, written evidence, and all recognizance and examinations
by him taken, and may commit to the jail of the parish any witnesses
who shall refuse to recognize in such manner as he shall direct.
Sec. 15. That if any person charged by the inquest with having
committed such off'ense shall not be in custody, the coroner shall arrest
and conduct him before some committing magistrate, in the parish in
which the inquest is held, to be examined and proceeded with according
to law.
Sec. 16. That the expenses of the inquest, with the coroner's fees,
shall be paid by the parish, incorporated city or town, within which the
CORPORATIONS. 77
body was found, when the coroner shall make out an account of the
expenses of the inquest, and certify under oath that the charges are
no more than allowed by law ; and in case the charges in the altered Penalty for over-
account are more numerous than allowed by law, he shall be liable to " *^^
the penalties of perjury.
Sec. 17. That the coroner of the city of New Orleans shall have Coroner of New
tlie power of appointing a deputy to act for him in case of sickness or poSnt°a deputy."
necessary absence, for whose acts he shall be responsible. Fees and expen-
Sbc. 18. That the common council of the city of New Orleans, and common S'uncif
the parochial authorities of the several parishes, shall have the power of New Orleans,
^ ^ , and by the paro-
to fix the fees or salary of the coroner and all expenses attending the chlal authorities
, in the several
inquest. parishes.
Sec. 19. That any person who shall have knowledge of a drowned Mode of prooeed-
person, or shall find a corpse adrift, shall be authorized to take it [^^ body oTper-
ashore. He shall give notice to the nearest inhabitant, and shall im- sons found
° , drowned,
mediately call a justice of peace of the neighborhood, or two witnesses,
to ascertain the situation of the deceased, and draw a proces verbal
thereof, to be signed by the justice or the witnesses, and to be trans-
mitted to the clerk of the district court.
Sec. 20. That the justice of the peace in and for that portion of Justices of the
the parish of Orleans situated on the right bank of the Mississippi corone °in^ cer-
river is hereby authorized to act as coroner whenever a dead body shall ^'^^°^ cases.
be found lying within the limits of that portion of the parish of Orleans,
and justices of the peace in the country parishes are empowered to
perform the duties of the coroner, in case of there being none, or of
his absence or inability to attend.
Sec. 21. That all laws contrary to the provisions of this act, and Certain laws
all laws on the same subject-matter, except what is contained in the ^^^^^ ^ '
Civil Code and Code of Practice, be repealed. — Acts of 1855, p. 83.
An Act concerning Coroners in the city of New Orleans.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louiniana in General Assembly convened, That the common Common council
council of the city of New Orleans shall have power to fix the fees or cor^otgr*^^ ^^
salary of the c«roner of said city, and also all expenses attending
inquests.
Sec. 2. That the 25th section of the act entitled **an act to regulate Act of 1855 re-
and define costs and fees generally," approved March 14, 1855, be and ^^^^ '
the same is hereby repealed.
Sec. 3. That this act shall take efiectfrom and after its passage. — When this act
Acts of 1866, page 14. takes effect.
CORPORATIONS.
For "Municipal Corporations, and their Duties, Powers, etc.," see "New Orleane.'
78 CORPORATIONS.
ACTS OF THE LEGISLATURE.
An Act to regulate Corporations generally.
Section 1. Be it enacted hy the Senate and House of Representatives of
When a corpora- the State of Louisiana in General Assembly convened, That in all cases
in'cascs^of^tres^-'^ where any corporation shall commit trespass or do anything for which
pass. an action for damage lies, it shall be Jiablc to be sued in the parish
■where such damage is done or trespass committed.
Railroad conipa- Sec 2. That any railroad company established under the laws of
nies may mort- ... n,. , . ,, .„ ,,... ..,,
gage their roads t'^^s State may, to secure the payment of any obligation contracted by
in whole or in gg^j^j company for the construction of the road, mortgage their road, in
whole and in part ; and such mortgage, if made of the entire road, shall
bear upon the entire road, though the same be not completed at the time
the mortgage was made ; and such mortgage may also be made to bind
the appurtenances of said road, its warehouses,'! depots, water stations,
locomotives, etc.
Effect of the Seo. 3. That a mortgage made by any of the companies shall bind
mortgage iipon ^j^g road, its warehouses, depots, water stations, locomotives, and other
the property so ' j x- » ' ?
mortgaged. appurtenances, that may be mortgaged in the several parishes where the
same may be, by the record of the mortgage in the parish where the
Mortgages vrhere principal office or domicil of the road may be ; and such mortgage need
not be reinscribed to continue it in force.
Annual report to Sec. 4. That the officers of each insurance company incorporated by
ran™e^companic".' ^^® Ifi^'^s of this State shall, within one month from the close or expi-
ration of each year of the corporation, cause to be published in two or
more daily nawspapers published in the city of New Orleans, and for the
term of at least one month, a full statement under oath of the business
of the company, which statement shall contain, first, the amount of
premium received durin-g the previous year, specifying what amount
was received for life insurance, for insurance against fire, what on marine
policies, and what on river policies ; second, the amount of losses incurred
during the year, specifying and designating what amount of losses have
been incurred by the different kinds of policies as aforesaid ; third, the
amount of capital, stating the portion of the same invested in securities,
and the nature of the securities. •
Report to be Seo. 5.' That every person acting as agent of an insurance company
™^the^n'^ent^of ^^^^ incorporated by the laws of this State, and doing fire, marine or
insurance com- river insurance within the city of New Orleans, shall, during the month
porated. ' of January of each year, cause a full statement, under oath, of the
business of the agency, to be published in the manner and form and for
Penalty for neg- the term, as specified in the preceding section; and for the neglect or
to make the re- refusal SO to do, shall forfeit or pay into the city treasury the sum of
P"^- one thousand dollars for each and every neglect or refusal. Whenever
the parent or principal office of the agency shall publish an annual
statement of its affairs, the time mentioned in the first part of this
section for the publication of the afiairs of the agency, shall be so far
changed as to correspond with the annual statement of the insurance
company, and shall then be published as aforesaid, within one month
from the date of the publication.
CORPORATIONS. 79
Sec. 6. That eacli incorporated insurance compam'' and agency of Tax to be paid
. ,. iiT /-. 1 1 11 T l>y foreign inau-
any foreign insurance company, in the city of New Orleans, shall be rancc companies.
taxed five hundred dollars per annum , said tax to be collected by the
state tax collector for the parish of Orleans, and as soon as collected JeclthTg such tax.
shall be paid into the city treasury, to the credit of the fire department,
to be divided equally between the different fire, hose, and hook and
ladder companies, in such manner as may be determined by a majority
of the firemen of said companies.
Sec. 7. That whenever the charter of any corporation in this State Corporation
, charter when
shall be decreed forfeited by any competent court, the district attorney forfeited, how
of the district shall forthwith inform the governor of the fact, who shall Pg^JJnst!'^
thereupon appoint a liquidator to take charge of and liquidate the affairs The duty of the
of the corporation, as in case of insolvencies of individuals, Iii case of ^^^^™*^^g*^™^-^
death, resignation or removal of any liquidator so appointed, the gover- ernor.
nor shall fill the va'cancy ; and in case of refusal of any person appointed ^hom*fined.^
to act as liquidator, he shall appoint the district attorney of the district, who may he ap-
who shall be dispensed with giving bond and security. This section shall ^^^^'^ hquid-
not apply to banking or other corporations whose liquidation is otherwise Proviso,
provided for by law.
Sec. 8. That all laws contrary to the provisions of this act, and all Certain laws re-
laws on the same subject-matter, except what is contained in the Civil P*^^^^*^-
Code and Code of Practice, be repealed. — Acts of 1855, p. 485.
An Act for the organization of Corporations for Works of Public
Improvement and Utility.
Section 1. JBe ii enacted by the Seriate and House of Representatives of
the State of Louisiana in General Assembly convened. That it shall bo ^^^ number of
lawful for any number of persons, not less than six, on compliance persons, not less
..-,,■, • • r. 11 • i ^ ,-, 1 . -, than six. author-
with the provisions following, to form themselves into and constitute a ized to form
corporation for the following purposes, to wit : For the construction, a^corporltyn for
working and maintenance of railroads, canals, plankroads, bridges, certain purposes.
ferries and other works of public improvement, whether within or
without the limits of this State, to eftect fire, marine, river and life
insurance ; to carry on manufactures of cotton, woolfen, linen, silk and
hempen cloths and cordage ; to construct and carry on iron, brass and
copper foundries ; to construct and maintain drydocks or floating docks
for the building or repairing of ships and other vessels ; to construct
and carry on works to supply cities or towns with gas or water ; to
compress cotton ; to the manufacture of iron, copper, lead or other
metals, earthernware or stoneware, engines, cotton gins, machinery,
paper, gunpowder, agricultural implements ; to establish companies
for refining sugar ; and for sea navigation by steam ; to create lines of
telegraph, and to establish chemical laboratories and manufactures of
all kinds ; to open and work mines ; to construct and maintain docks,
steamships, and other vehicles for the transportation of freight or
passengers ; and generally all works of public utility and advantage.
No corporation shall engage in mercantile or agricultural business, nor
in commission, brokerage, stock-jobbing, exchange or banking business
of any kind.
80
CORPORATIONS.
Powers of such
corporations.
What shall be
contained in the
charter of said
corporations.
Becord of char-
ter, when and
how made.
Amendments to
charter, how
made.
Charter how for-
feited. Conse-
quences of for-
feiture.
Sec. 2. That said corporations shall have power and authority,
first, to have and to enjoy succession by their corporate name, for the
period expressed in their act of incorporation, not exceeding twenty-
five years ; second, to contract, sue and be sued in their corporate
name ; third, to make and use a corporate seal ; fourth, to hold, receive,
purchase and convey under their corporate name, property both real
and personal ; fifth, to name and appoint such managers, directors and
officei's as their interest and convenience may require ; sixth, to make
and establish such by-laws for the proper management and regulation
of the affairs of the corporation as may be necessary and proper.
Sec. 3. That every charter of incorporation shall contain, first, the
name and title of the corporation, and the place chosen for its domicil ;
second, a description of the purposes for which it is established, the
nature of the business to be carried on, and the, designation of the
officer on whom citation may be served ; third, the ainount of the capital
stock, the number of shares, the amount of each share and the time
when and the manner in which payment on stock subscribed shall be
made ; fourth, the mode in which the elections of directors or managers
shall be conducted ; fifth, the mode of liquidation at the termination of
the charter.
Sec. 4. That the charters of corporations, and the original sub-
scriptions made for the purpose of organizing them, sh,all be recorded
in the office of the recorder of mortgages, or other officer exercising
his functions, at the place selected for the domicil of the corporation,
and shall be published in a newspaper at its domicil once a week, at
least for thirty days, but it shall' not be necessary to publish the names
of the subscribers ; and any subscriber may present the charter and
subscriptions for .record with the recorder of mortgages.
Restrictions
upon certain
corporations.
Extent of re-
sponsibility of
Btockholders.
Sec.
That it shall be lawful for the stockholders of any corporation.
at the general meeting convened for that "purpose, to make any
modifications, additions or changes in their act of incorporation,^ or to
dissolve it with the assent of three-fourths of the stock represented at
such meeting; any such modification, addition, change or dissolution
shall be recorded as required by the preceding section.
Sec. 6. That they shall forfeit their charter for insolvency, evidenced
by a return of no property found on execution ; and in such case it
shall be the duty of the district court, at the instance of any creditor,
to decree such forfeiture and to appoint a commissioner for effecting the
liquidation, whose duty it shall be to convert all the assets of the
company, including any unpaid balances due by stockholders on their
shares, into cash, and to distribute the same under the direction of the
court amongst the parties entitled thereto in the same manner, as near
as may be, as is done in cases of insolvency of individuals.
Sec. 7. That no railroad, plankroad nor canal shall be constructed
through the streets of any incorporated city or town without the consent
of the municipal council thereof.
Sbc. 8. That no stockholder shall ever be held liable or responsible
for the contracts or faults of such corporation in any further sum than
the unpaid balance due to the company on the shares owned by him;
CORPORATIONS. 81
nor shall any mere informality in organization have the effect of
rendering a charter null or of exposing a stockholder to any liability
beyond the amount of his stock.
Sec. 9. That in all cases where railroads, plankroads or canals Rights and du-
shall cross any highway, the corporation shall so construct the works piankroTd and'
as not to hinder, impede or obstruct its safe and convenient use ; and ^^^^^ companies
n 1 .,,,,-. , , „ , , m constructing
m ail cases where railroads, plankroads or canals shall be consti-ucted works across
or dug across any plantation or land in cultivation, or that may be pifatltfons.'"
cultivated, the corporation shall so construct the work as not to hinder,
impede or obstruct the drainage of the land ; and if any railroad or
plankroad shall in its course cross any tide waters or navigable rivers
or streams, the company may erect, for the sole and exclusive use of
such railroad or plankroad, the bridges required for crossing, but such
bridges shall be so constructed as not to obstruct or necessarily impede
the navigation of said waters or streams.
Sec. 10. That all laws contrary to the provisions of this act, and all Certain laws re-
laws upon the same subject-matter, except what is contained in the ^^^ ^ *
Civil Code and Code of Practice be repealed. — Act 1855, p. 182.
An Act for the organization of Corporations for Literary, Scientific,
Religious and Charitable Purposes*
Section 1. Be it enacted by the Senate and House of Representatives
of the State of Louisiana in General Assembly convened. That whenever Manner in
any number of persons, exceeding six, may be desirous of forming them- T^^ich any num-
selves into a corporation or body politic, for any religious, scientific, exceeding six, '
literary or charitable purpose, and to acquire and enjoy the rights, ^WesTn'to'^a^Sr.
privileges and powers of a body corporate and politic in law, it shall be ppration for reii-
„ ./ r- r > gious, scientific,
lawful for such persons to prepare and sign an iastrument, either in an literary or char-
autheniic form or under private signature, wherein they shall declare ^ * ^ purposes.
and specify the purposes , and objects of such corporation; the name,
style and title thereof ; the place chosen for its domicil; the manner in
which such managers and officers are to be chosen ; the officer on whom
citations may be served; and the length of time during which the corpo-
ration shall exist and continue. The act of incorporation shall be handed
to the district attorney of the district in which the domicil is fixed,
for examination as to its legality ; and should he be of opinion that the
purposes and objects of the corporation, as specified in said act, are
legal, and that none of the provisions therein contained are contrary to
law, he shall endorse his opinion to that effect thereon. The act,
together with the opinion of the district attorney, shall then be recorded
in the office of the parish recorder, or other officer performing the duties
of parish recorder, which act, when so recorded, shall constitute the
subscribers to the same, and their associates and successors, a body
politic and corporate, for the purposes and objects declared and con-
tained in the act and shall have continuance and succession by the name,
style and title as set forth in the act, a copy of which, duly certified by
the officer in whose office the same is 'recorded, shall be full and com-
plete evidence of the contents of the original act. In no case shall the
provisions of this section be construed to apply to free persons of color
11
82
CORPORATIONS,
In what case a
rule may be
taken on district
attorney.
How amend-
ments may be
Powers of such
corporations.
Further powers
of corporations.
in this State, incorporated for religious purposes or secret associa-
tions.
Sec 2. That in case the district attorney shall neglect or refuse to
give the certificate required by the above section, the applicant may
take a rule on him in the district court of the parish in which it is
intended for such corporation to have its domicil, to show cause within
ten days from the service thereof why the applicant should not be created
a corporation according to th-e terms and conditions set forth in the act
of incorporation. Should the district judge be of opinion that the pur-
poses and objects of the corporation, as specified in the act, are legal, he
shall give judgment accordingly, a copy of which judgment shall be
recorded with the act in the office of the recorder of mortgages, or other
officer exercising his duties, in lieu of the certificate of the district
attorney.
Sec. 3. That when any corporation may be desirous of improving,
amending or altering the articles and conditions upon which the corpo-
ration may be incorporated, it shall be lawful for such corporation in
like manner to draw up an act specifying and containing the alterations,
improvements or amendments which they may desire to make in the ori-
ginal act of incorporation, which act shall be handed to the district
attorney for his opinion as to the legality of the alterations, amendments
or improvements proposed, and he shall give his opinion touching the
legality of the same ; and in case of the refusal or neglect of the district
attorney to give the certificate required, the parties may take rule on
him to show cause, as provided in the preceding section; which certi-
ficates of the district attorney, or opinion of the judge, ^all be recorded
in the manner and form Required above.
Sec. 4. That sach corporation shall have full power and authority
10 make, have and use a common seal, with such device and inscription
as they shall respectively deem proper, and the same to break, alter and
amend at their pleasure, and by the name, style and title by them
respectively provided and declared aforesaid, shall be capable in law to
sue and be sued, and shall be authorized and empowered to make rules,
by-laws and ordinances, and to do everything needful for their good
government and support not repugnant to the constitution and laws of
the United States, to the constitution and laws of this State, or to the
instrument upon which the corporation respectively are formed and
established.
Sec. 5. That said corporation shall be capable in law, according to
the terms and conditions upon which the said corporations are formed
and established ; to take, receive and hold all manner of lands,
tenements, rents and hereditaments, and any sum of money, and any
manner and portion of goods and chattels given and bequeathed unto
them or acquired by them in any manner respectively ; to be employed
and disposed of according to the objects, articles and conditions of the
instrument upon which the corporations resppctively are formed and
established, or according to their articles and by-laws, or of the will and
intention of the donors.
CORPORATIONS. 88
Sec. 6. That no corporation, organized by authority of this act, shall Befitrictions
hold property of a value exceeding three hundred thousand dollars. No porutiong.
church corporation or minister of the gospel, for himself or the benefit
of a church corporation, bhall be allowed to accept a bequest made
in articulo mortis.
Sec. 7. That all laws contrary to the provisions of this act, and all Repealing clause,
laws on the same subject-matter, except what is contained in the Civil
Code and Code of Practice, be repealed. — Acts of 1855, p. 185.
An Act to extend the powers of Railroad Companies.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened, That in addition to Power to borrow
the powers conferred by law upon railroad companies, any railroad of bonds secured
company established under the laws of this State may borrow from time ^^ mortgage,
to time such sum of money as may be required for the construction or
repairs of any railroad, and for this purpose may issue bonds or their
obligations, secured by mortgage upon the franchises and all the property
of said companies, and payable at such times and places as the president
and directors may designate, with power to sell, pledge or otherwise
dispose of said bonds, on fauch terms as the said president and directors
may deem expedient.
Sec. 2. That a mortgage made by any company, as aforesaid, shall Mortgage when
be binding in the several parishes through which a railroad may pass, rworded to be
by the record of the mortgage in the parishjvhere the principal office or
domicil of the company may be located, and such mortgage need not be
re-inscrib^d to continue it in force. The president and directors of any
company may confer on the holder of any bond or bonds issued for
money for the use of said company, the right to convert the principal, due Bight may be
thereon, into the stock of said company at any time, not exceeding ten ^^rt hmidsToto
years from the date of said bond or bonds, under such regulations as the capital stock.
president and directors may adopt ; provided, that nothing in this act
shall be so construed as to authorize an increase in the capital stock of
any railroad company.
Sec. 3. That copies of all the books and records kept by the several* certified copies
railroad companies in this State, including extracts from the stock books ^^ certain papers
^ 7 o may be received
and minutes of the proceedings of the Directors, certified by the secre- in evidence,
taries of said companies, under the seal of the company, shall be received
in all the courts of this State as evidence in place of the originals.
Sec 4. That this act shall take effect from and after its passage. — when this act
Acta of 1856, p. 205. takes effect.
For Telegraph Companies, see Act of 1855, page 109. For Corporations
generally, see Civil Code, Art 418, et seq.
84 CURRENCY — BOARD OF
COTTON PRESSES AND PICKERIES.
An Ordinance relative to Cotton Presses and Pickeries.
Not lawful to No. 245. (1.) It shall not be lawful for any person or persons,
without the permission of the common council, to erect within
the limits of the city any building for a cotton press or cotton
pickery, or to use any building or lot for that purpose, under the
penalty of a fine of not less than ten dollars nor more than
twenty-five dollars for each day that such building or lot shall be
used in violation of this ordinance.
Repealing clause. No. 246. (2.) All Ordinances or parts of ordinances conflicting
with the foregoing provisions, and all ordinances and parts of
ordinances on the same subject-matter, are hereby repealed.
City Ordinance, No. 3150. Approved Dec. 17, 1856,
For "City Tax," see Nos. 658 and 663.
CURRENCY— BOARD OF.
ACTS of THE LEGISLATURE.
An Act to authorize and require the State Treasurer and Secretary of
State to perform the duties heretofore required of the Board of Cur-
rency, in supervising the operations of the banks.
Sectiok 1. Be it enacted by the Senate and House of Representatives of
Certain duties ^^^ ^''^^^ ^^ Louisiana in General Assembly convened, That the State
relative to the treasurer and secretary of State shall take care that the paper money
banks assigned . it, !•„,-, -, -i ij?ii-
to the State issued under the authority of the State be not depreciated, and tor tnis
secrSry^o^f^W P^^P°^® ^^® following powers are vested in them, to wit :
To supervise th^ 1st. To Supervise the faithful execution of the laws establishing and
Srreguiatin^g'' regulating banks, and of the charters and by-laws of all banks working-
banks, under them.
Quarterly exami- 2d. Thoroughly to examine the affairs of any bank, whenever they
may deem it expedient to do so, and at least quarterly.
Weekly state- ^^' To require of the president and cashier of each bank, on Saturday
nientto be made ^f gg^Qj^ week, the following statement in a printed form signed by them:
First Capital realized, $ ,
Second. Amount of "dead weight," under the respective heads of
real estate, loans on stock, long loans, personal or otherwise, protested
paper and, in fine, of all assets not realizable within ninety days.
Third. Movement of the bank, to wit : Loans on paper payable at
maturity, and intended to meet the two-thirds of cash liabilities unrep-
resented by specie ; Circulation ; Deposits and other cash liabilities ;
Specie and cash assets.
• CURRENCY — BOARD OP 86
Said statements shall be regularly furnished on the last Saturday of Monthly publlca-
each month, and shall be signed by the treasurer and secretary, and
published in the State paper, on the first Monday in each month.
Sec. 2. That^the treasurer and secretary, whenever they m'ay think Power to call
it expedient, shall have a right to call a meeting of the proprietors of prietors of banks,
any one of the banks, to take cognizance of its affairs, and to call annually,
and at least thirty days before the election of directors for the ensuing
year, a meeting of the proprietors or stQckholders of each bank, and to
lay before them full reports of its operations during the year, and of its
real situation.
Sec. 3. That they shall lay before the Legislature, in the first week Report to the
of their annual session, or as soon as practicable thereafter, a full copy
of all proceedings at such meetings of the stockholders, and of all their
own doings during the year. And it shall be the duty of the president Copies of protest
and cashier of each bank to furnish them copies of any protest that may ^ p^re^^ent and
b^ entered by any director of the bank, so soon as the same shall be cashier,
entered in its minutes.
Sec. 4. That as a compensation for the duties herein required of the Compensation,
treasurer and the secretary of State, they ^all be entitled to demand
yearly each the sum of twelve hundred dollars, free from all expenses of
office. Their expenses shall not exceed the yearly sum of one thousand
dollars. Their compensation and expenses shall be assessed upon all
banks subject to their supervision in proportion to the capital paid in by
each bank respectively. *
iSbc. 5. That all laws contrary to the provisions contained in this act^ Repealing clause,
and all laws upon the same-subject matter, except what is contained in
the Civil Code and Code of Practice, be repealed. — Acts of 1855, p. 119.
An Act relative to the Board of Currency.
Section 1. Be it enacted by the Senate and House of Representatives of
the Slate of Louisiana in General Assembly convened, That an additional Additional mem-
member of the board of currency, as now constituted, shall be appointed of currency °to^be
by the governor of the State, by and with the advice and consent of appointed by the
the Senate. governor.
Sec. 2. That the additional member provided for in the first section Qualification of
of this act, shall be a citizen of this State, and before entering upon his ^^^^ member,
duties shall subscribe to the oath prescribed by the ninetieth article of Oath of office,
the Constitution ; he shall reside in the city of New Orleans, and shall
preside at all meetings of said board ; he shall hold his office for the term ^*^ d"t»es.
of four years, unless sooner removed by the governor of the State ; he
shall, in the absence of the other members of the board, supervise all
proceedings as provided for in an act entitled *• an act to authorise and
require the state treasurer and secretary of state to perform the duties
heretofore required of the board of currency, in supervising the opera-
tions of the banks," approved March 12th, 1855.
Sec. 3. That the president of the board of currency shall receive an Salary of the
annual compensation of two thousand dollars, to be paid in the same P'"«"^''°'^ °* t^®
^ DO&rci oi cur*
manner as the other officers of said board are now paid. ren. y.
Sec. 4. That this act shall take effect from aad after its passage.— When tUs act
Acts of 1856, p. 130. ^''"s «ff««t-
ELECTIONS.
DAIRIES.— See '^Stables/' No. 780.
DRAINS, DRAINING COMPANY.
DECISION OF SUPREME COURT.
Gutters and drains in the city of New Orleans are intended to carry
off the water which falls from mins, or percolates through the ground,
and they can be used by manufacturers as drains, only when that use
does not result in a nuisance ; and this right is dependent upon the will
of the local government — 5 Ann. p. 424.
For late decision relative to right of company to receive dues for
draining, see 11 Ann.
ACTS OF THE LEGISLATURE.
For Incorporation of Draining Company, see Acts of 1835, p. 67.
Subscription to
stock companies.
Duty of treasu-
rer.
ELECTIONS.
An Ordinance prescribing the manner of holding all elections that may
become necessary bv virtue of the third seotion of the act of Legis-
lature, passed on tne 12th of March, 1852, entitled "an act providing
for the subscription of the Parishes and Municipal Corporations of this
State, to the stock of corporations undertaking works of Internal
Improvements, and for the payment and disposal of stock so sub^
scribed."
No. 247. (1.) Whenever it shall become necessary to hold
the special elections required under the 3rd section of the act
of the Legislature, passed on the 12th March, 1852, entitled
" an act providing for the subscription by the parish and
municipal corporations of this State, to the stock of companies
undertaking works of internal improvement, and for the
payment and disposal of stock so subscribed '' — the said election
shall be held and conducted in the same manner as if provided
in the act consolidating the city of New Orleans for all other
municipal elections ; the ofl&cers shall be appointed and qualified
and the returns made, and the result proclaimed in the manner
specially pointed out in the 11th and 12th sections of said last
named act; but it shall not be necessary to hold the election
at more than one precinct in each ward, which shall be desig-
nated by the mayor in the advertisement calling the election.
No. 248. (2.) That the city treasurer proceed immediately
to prepare an alphabetical list of all persons paying taxes on
ELECTIONS. 87
landed estate in the city of New Orleans, and to keep said list
in his office, and to correct the same from time to time, as often
as the changes in the names of the tax payers may require it,
and it shall be the duty of said city treasurer, whenever a
special election is ordered as aforesaid, to furnish a copy of said
list for each precinct at which the votes are ordered to be taken,
to the commissioners or inspectors of election.
city Ordinance, No. 36 ; approved May 17th, 1852.
No. 249. Hereafter the amount to be allow.ed for payment Refreshment
of refreshments to judges and clerks of elections held in the
city of New Orleans, shall not exceed the following rates, to
wit ; twelve dollars at precincts where less than two hundred
votes shall be polled, and three dollars in addition on every
additional one hundred votes received in the larger precincts,
provided that in no case shall the amount allowed exceed twenty-
five dollars.
City Ordinance, No 121.
No. 250. Any member connected with the police department Police inter-
who shall improperly interfere at elections, or make use of the
influence of his office in elections, shall be discharged.
City Ordinance, No. 28. Article 17.
For adrertising Election Notices, see "Official Paper," No. 665.
Coffee Houses not to be kept open on election days, see No. 175.
STATE CONSTITUTION.
Art. 13. No person shall be entitled to vote at any election held
in this State, except in the parish of his residence, and in cities and
towns divided into election precincts, in the election precinct in which
he resides. ,
Art. 98. In all elections by the people the vote shall be by ballot,
and in all elections by the Senate and House of Representatives, jointly
or separately, the vote shall be given viva voce.
See Constitution, Art. 126.
DECISIONS OP SUPREME COURT.
An action of damages will lie against the commissioners of elections,
when their decision is not the result of error but of malice, and intent
to deprive the citizen of his right, or to overawe and control him in its
exercise. — 6 Ann. p. 467.
ACTS OF THE LEGISLATURE.
For Number and Limits of Wards, see Acts of 1852, p. 43, sect. 2,
placed under title of •'Common Council."
Sec. 12. That on or before the first Monday in May, 1856, the couudi to estab-^
common council shall lay out and establish a sufl&cient number, not less d^ts!^^*"*^ ^'**
88 ELECTIONS.
than four, of election precincts in each of the districts established by
section second of this act ; each of which precincts shall coutain, as
nearly as practicable, an equal number of qualified voters. And the
common council shall make an accurate description of said precincts, and
cause the same to be published in the official journal of the said common
council, and if at any election thereafter more than five hundr d votes
be polled in any of said precincts, then at some period, at least forty
days previous to the next succeeding election, the common council shall
rearrange the divisions of the precinct or precincts wherein such
vote has been polled, and increase the number thereof if necessary.
And in case the said common council shall fail to make such rearran-
gement of said precincts, the mayor shall make the same at least thirty
days previous to the next succeeding election.
Appointment and Sec. 13. That the election at each of said precincts shall be
?n"pe?Sami°^ conducted by three inspectors of elections, one of whom shall be appoin-
clerksof elec- ted by the mayor of the city of New Orleans for the time being, one by
the board of aldermen, and one by the board of assistant aldermen.
Two clerks shall also be appointed at each of said precincts ; one by the
board of aldermen, the other by the board of assistant aldermen, and
they shall possess the same qualification required for the officers named
in section seven, without the qualification as to property. The said
inspectors and clerks shall be legally qualified voters of the precincts in
which they act, and shall be severally sworn by the mayor two days
previous to the election, according to the provisions of the ninetieth
article of the Constitution of the State, and they shall take the further
oath that they possess the qualifications prescribed by this act. Said
inspectors and clerks shall be appointed at least ten days before the
Publication to be election; and the mayor shall cause to be published in the official
mayor. ^^^ journal, at least five days before the election, a proclamation, setting
forth the day on which the election is to take place, the precincts and
polls established, the names of the inspectors and clerks at each, and
the hours at which the polls will be opened and closed ; provided, that
in case of a vacancy in the office of inspector or clerk at any precinct,
arising from the neglect or refusal of either board to appoint, or the
neglect or refusal of the person appointed to attend, or the sickness or
death of the person appointed, it shall be the duty of the mayor to
supply the place of the absent inspector, and of the inspectors to supply
the place of the absent clerk.
Returns of Sec. 14. That the returns of said election shall be made by said
m2°°' ^°^ inspectors to the mayor, or, in case said mayor be a candidate for
re-election^ to the sheriff of the parish of Orleans, who shall in the
presence of the recorders of said city, specially notified by the mayor
or sheriff, as the case may be, for that purpose, within three days after
said returns have been received, and with the aid of said recorders,
open and examine said returns, and proclaim the result of said elections,
which they shall cause to be published under their official signatures in
the official journal of said common council ; provided, that in the
event of the failure to attend of the mayor or recprder, o,r any of them.
FACTORIES, TANNERIES, SLAUGHTER HOUSES, ETC.
at the time and place appointed, the absentee's duties may be fulfilled
by any justice of the peace; and provided further, that any justice of
the peace may take the place of any mayor or recorder interested in
said returns. — Acts of 1856, p. 138.
See "Act relative to Elections," Acts of 1855, p. 408.
Acts of 1856, p. 117, and p. 9.
EVENINa auN.
No. 251. That the captains of police of the first, second, ^^"^5^^^°°^
third and fourth districts be, and are hereby, instructed to pur-
chase the powder necessary for firing the evening guns in said
districts, and present the vouchers for the same, after they have
been approved by the chief of police, and it shall be the duty of
the said captains to detail a member of the police force of each
of said districts to fire the said evening guns, without extra
compensation.
City Ordinance, No. 292.
As to tlie "Hour of firing," see No. 766.
Hour for slaves to be homo, see No. 766.
FACTORIES, TANNERIES, SLAUGHTER HOUSES, ETC.
No. 252. (1.) From and after the passage of this ordinance, permission of
it shall not be lawful for any person or persons to establish either obtained.
a soap factory, tannery, bone black factory, camphene factory or
slaughter house, within the limits of this corporation or to
continue any that may now be established, without first having
obtained permission of the common council, u\ider a penalty of
one hundred dollars for each and every ofi"ense, recoverable before
any court of competent jurisdiction for the benefit of the city.
No. 253. (2.) That all ordinances or parts of ordinances Repealing clause,
contrary to the provisions of this be, and the same are hereby
repealed.
City Ordinance, No. 2084.
No. 254. (1.) That it shall be the dutv of every butcher, or Animals, how
other person who slaughters, or causes to be slaughtered, any slaughtered,
animals within the limits of this city, to do the same in a slaughter
house, and not in the open air; said slaughter house, and the
12
90
FENCES, WALLS AND DITCHES.
Penalty for leav-
ing blood, etc., in
streets, etc.
Offensive odors.
lot on whicli it is situated, shall be kept clean ; all blood and
filth from each house and lot shall be removed immediately, and
thrown into the current of the river.
No. 255. (2.) That no blood, beeves' feet, heads, or any
other matter which may exhale a disagreeable odor, Shall be
deposited or left in any street, or on any lot or square of ground
within said limits, under a penalty of from ten to fifty dollars
for each offense ; to be recovered for the use of the city.
No. 256. (3.) That if any slaughter house, or lot upon
which it is situated, emits or exhales any oifensive odor, the occu-
pant or owner thereof, shall be fined from five to twenty-five
dollars ; to be recovered for the use of the city.
Owner of house, No. 257. (4.) That if any blood, feet, heads, or other'parts
., re^ponsi . ^^ slaughtered animals are found in any slaughter house, or upon
any lot in this city, which emits or exhales a bad odor, the owner
or occupant of said slaughter house or lot shall be liable to a fine
of ten dollars; recoverable for the use of the city.
No, 258. (5.) That the police ofiicers shall visit, at least
once in every week, each and every slaughter house, or place in
which animals are killed, and see that the provisions of this
ordinance are observed.
Lafayette Ordinance, approved May 22, 1833.
Duty of f dice
officers.
FENCES, WALLS AND DITCHES.
Tences tb be
made.
Penalty for neg-
lect, etc.
Disposition of
fines.
No. 259. In all cases where banquettes or sidewalks are
made in front of or bordering any lot or lots of ground within
this city, it shall be the duty of the owner or owners of such lots
to cause the same to be fenced with good substantial picket or
board fences, so as to protect said sidewalks.
No. 260. It shall be the duty of the street commissioner and
his deputies to notify the owners or the agents, where the same
can be known, in writing, to comply with the preceding resolution,
within thirty days after service of said notice, and in case said
owners or their agents shall not comply with said notice, then
said owners or their agents shall be liable to a fine or penalty of
ten dollars for every,ten days in contravention, recoverable before
any court of competent jurisdiction.
No. 261. In case any fines shall be recovered as aforesaid,
the street commissioner shall apply so much thereof as may be
FERRIES. 91
necessary to cause tlie work to be done, and pay the balance, if
any, into the city treasury.
City Ordinance, No. 1851.
gee Civil Code, Art. 671, et seq.
rERRIES.*
No. 262. Whereas, complaints are frequently made that the .
different ferries between the city of New Orleans and the right
bank are not properly administered, and that the lessees thereof
have not and do not comply with the terms and conditions of
their contracts —
Be it therefore resolved. That it is hereby made the duty of Duty of street
. , conuuissioner.
the street commissioner to examine into the manner in which
the said ferries have been and are conducted, and in case he shall
ascertain that there is any reasonable ground of complaint, or
that the lessees do not strictly comply with the terms of their
contracts, that he report them to the city attorney, or assistant
city attorney, as the case may be, for such proceedings as the
circumstances or laws may warrant.
City Ordinance, No. 1937.
ACTS OF THE LEGISLATURE.
Sbc. 5. That the common council of the city of New Orleans, with Ferries, ho-w
the police jury of that part of the parish of Orleans, on the right bank the parish of^
of the Mississippi river, shall have power to establish ferries across Orleans,
said river, in the parish of Orleans, and to regulate the same. — Acts of
1855, page 368.
DECISIONS OP SUPREME COURT.
The police jury of the parish of Orleans have a concurrent right
with the city council to establish ferries opposite the city. — 3 M. R.
711.
It is no violation of an exclusive right to carry persons across the
river Avithout demanding payment. — 4 N. S. 426.
Police juries are authorized to establish ferries and to annex penalties
to violations of the exclusive privileges they may grant to the lessees,
and they possess the power to sell such ferry privileges at auction. But
statutes granting such powers must be strictly construed, and the exer-
cise of the powers conferred limited to the precise terms of the grant. —
3 Ann. Rep. 365 ; 3 La. Rep. 95.
* The rules and regulations governing ferries are contained in the
respective contracts made by the city with the lessees. See Ordinances,
Nos. 1698, 1804, 2116, 2183, 2290, 2602, 2674, 2727, 2798, 2733, 2804,
at city hall.
92
FIEE.
FIRE.
Chimneys,
stoves, construc-
tion of buildings,
etc.
Shavings, bon-
fires, etc.
Combustible
matter, lights,
etc.
An Ordinance relative to Preventing and Extinguishing Fires.
No. 263 (1.) No chimney shall be built against a wooden
partition, beam, joist, or other piece of- timber ; no beam, joist,
or other piece of timber shall be placed in the mantel-piece, or
the flue of any chimney ; no hearth shall be laid on the joist of
the floor; no plank or other combustible material shall be
laid on the chimney top, and the flues of all chimneys shall be
raised at least two feet above the peak of the roof of the house ;
no oven, furnace, or forge shall be constructed against a par-
tition wall, unless a counter-wall be made in masonwork, or
unless there be left a space, of, at least, ope foot, if the partition
wall be of brick or stone, and four feet if the partition enclosure
be of pales and plank, and if the street commissioner or chief of
the fire department shall find any chimney, oven, furnace, forge,
or apparatus so defective as to be dangerous, he shall make a
report to the mayor, who shall, in writing direct the owner or
his agent to repair or remove the same, within such time as
he shall deem reasonable. In case of neglect or refusal, the
party oifending shall be fined not less than twenty-five dollars,
and five dollars for every day he shall continue to violate the
provisions of this ordinance; and if the danger be considered
imminent, the mayor shall cause to be made such repairs and
changes as may be necessary at the expense of the person
oifending; providing that nothing herein contained shall be
considered as relating to forges, foundries, and steam engines,
or affecting the ordinances relative to the same.
See No. 292.
No. 264. (2.) It shall not be lawful to burn any shavings
or other combustible matter, in any street, square, or public
place, or openly in any yard or lot near any inhabited place;
and it shall be the duty of all persons engaged in any trade by
which shavings are made, at the close of each day, on leaving
off work, to cause the place to be swept, and the shavings to
be carefully removed to some safe position. All persons violating
the provisions of this section, shall be fined not less than five,
nor more than twenty-five dollars.
No. 265. (3.) No owner or occupant of any stable or
dairy, or other person shall use, in any stable or place con-
taining hay, straw, or combustible matter, any lighted candle
riRE. »o
or other light, unless tlie same be securely kept in a lantern,
nor shall any person keep any cotton, hay, straw, hemp, pitch,
tar, rosin, or turpentine in any warehouse, stable, or other
building not built of stone or brick, and covered with slate or
tile, or other incombustible materials, nor shall any person keep
any cotton, hay or straw uncovered in stack or pile — provided,
any person may keep for domestic use hay and straw in wooden
buildings. All persons violating the provisions of this section,
shall be -fined not less than ten dollars, nor more than fifty
dollars, and not less than five dollars for every day the violation
shall continue after notice from the mayor or street com-
missioner.
No. 266. (4.) It shall not be lawful for any person to pitch, tar, tur-
boil any pitch, tar, rosin, or turpentine, unless in an open ^®" ^°®' ®
space, at least thirty feet distant from any building, vessel, or
other property that might be injured thereby, or in a fire proof
building, under penalty of not less than five, nor more than
twenty-five dollars.
No. 267. (5.) No person shall fire or discharge any gun, Firing pistols,
pistol, fowling-piece, or fire arms within the limits of the city,
or set fire to or discharge any rocket, cracker, squib, or serpent
within the limits of the city, without the license of the common
council — provided, that nothing herein contained shall apply to
military reviews. All persons violating the provisions of this
section, shall be fined not less than five nor more than twenty-
five dollars.
No. 268. (6.) The owner of every house covered with wood. Houses to have
shall provide it with a good ladder, of the height of the house, ^**^^"^-
to be used in case of fire; and, moreover, he shall provide a
ladder fixed permanently on the roof timber, under penalty of
five dollars for every month the owner shall neglect to comply
with the requirements of the section, after notice from the
mayor or street commissioner.
No. 269. (7.) If any person, without reasonable cause, False alarm of
shall make a false alarm of fire by outcry, the ringing of bells, ^^^'
or otherwise, he shall be fined not less than ten nor more
than fifty dollars.
No. 270. (8.) When in order to stay the progress of a Demolition of
fire, it shall be deemed proper to demolish one or more houses fi"ejttcf^ ^ ^^^
or buildings, the mayor, or, in his absence, the chief or acting
chief of the fire department, shall take the advice of three
proprietors of houses, and if he and they be unanimously of
94 FIRE DEPARTMENT.
opinion that the house or houses should be demolished, then the
said mayor, or chief, or acting chief, as aforesaid, shall be
authorized to give orders for the destruction of said house or
buildings, and the opinion of said officers and advisers shall be
reduced to writing and signed by them, and shall be recorded in
the mayor's office. In case the pulling down and demolition
of any house or building by the direction of the mayor, or other
officer aforesaid, shall be the means of stopping the said fire, or
if the fire shall stop before it comes to the house demolished,
then the owner of such house or building shall be entitled to
recover a reasonable compensation therefore from the city ; but
when the building so pulled down or demolished shall be that
in which the fire originated, then the owner shall be entitled to
no compensation therefor.
See No. 281.
Repealing clause. No. 271. (9.) All ordinances or parts of ordinances con-
flicting with the provisions of this ordinance are hereby repealed.
City Ordinance, No. 3172, Approved December 23, 1856.
For Fire Limits, etc., see '• Buildings," p. 30.
For Fire on Vessels, see No. 111.
For Fire in Markets, see No. 448
ACTS OF THE LEGISLATURE.
Art. 688. He who wishes to dig a well or a necessary, to build a
chimney, or hearth, a forge, an oven, a furnace or stable, to put up
shelves or to store salt or other cgrrosive substances near a wall,
whether held in common or not, is bound to leave the distance, and to
cause to be made the works prescribed by the regulations of the police,
in order that his neighbor be not injured thereby.
And if there be no regulations of police upon all or an^ of these
subjects, he shall conform to the following rules, in cases which have
not been foreseen. — Civil Code.
FIRE DEPARTMENT.
consist.
An Ordinance concerning the Fire Department.
Of what it shall No. 272. (1.) Be it ordained by the common council of the
city of New Orleans, That the fire department shall consist -of
one chief engineer, two assistant engineers and one captain, and
one lieutenant for each organized company; thirteen engine
FIRE DE1>ARTMEN1^. 95
companies, of twenty men eacli ; four hook and ladder companies,
of fifteen men each ; one steam fire engine company, to be com-
posed of one engineer, two drivers, one fireman, and eight hose
pipe men — one hose company for fire engine ^^ Young America" of
ten men, and of two bell-ringers.
No. 273. (2.) That each engine company shall be provided what every
with one engine, one hose carriage, five hundred feet of hose of provided with,
the first quality, and two horses, with the requisite harness com-
plete ; the same to be kept at all times in good order, and ready
for service.
No. 274. (3.) That each hook and ladder company shall be Hook and ladder
provided with one hook and ladder carriage, a full set of hooks ^°™p*°^^^-
and ladders, and one horse, with the requisite harness complete ;
the same to be kept at all times in good order and ready for
service.
No. 275. (4.) That the steam fire engine company shall be steam engine.
provided with one steam fire engine, one hose carriage and fuel
wagon, three hundred feet of two inch hose of the first quality,
and five horses, with the requisite harness complete; the same *
to be kept at all times in good order and ready for service.
No. 276. (5.) That the hose company for the steam fire nose company
engine shall be provided with two hose carriages, six hundred ° ^ ^^™ engine,
feet of good first quality India rubber three inch hose and eight
hundred feet of first quality two inch hose, and two horses, with
the requisite harness complete ; the same to be kept at all times
in good order and ready for service.
No. 277. (6.) That said chief engineer, assistant engineers. Police po^vers of
captains and lieutenants of companies, shall have police powers
at all fir^s.
No. 278. (7.) That each engineer, captain and lieutenant officers' certifi-
shall, upon his appointment, receive a warrant or certificate, in '^^**"
the following words, viz : This certifies that is appointed
chief engineer, assistant engineer, captain or lieutenant of the
fire department of the city of New Orleans, and is entitled to
all the powers and immunities belonging to said office, to be signed
by the mayor of the city of New Orleans.
No. 279. (8.) That the captains shall have the command of Duty of captains,
the men and apparatus belonging to their several companies ; and
shall take charge of the apparatus at fires ; and shall cause to be
executed all orders of the chief or assistant engineers; and in
the absence of those officers, shall take command at all fires,
according to seniority of appointment.
96 riRE DEPARTMENT.
Duty of lieu- No. 280. (9.) That the lieutenant shall be second in com-
mand to the captains^ and, in the absence of the captains, shall
take their place.
DutyofcWefand No. 281. (10.) That it shall be the duty of the chief and
assistant engineers, whenever a fire shall break out in the city,
immediately to repair to the place of such fire, and to carry with
them a suitable stafi", or badge of office, and to take proper
measures that the several engines and other apparatus be arranged
in the most advantageous situations, and only worked for the
effectual extinguishment of fires ; to call for aid, if need be,
from all persons present at fires, to assist in extinguishing the
same, to assist in removing furniture, goods or merchandise, from
any building on fire or in danger thereof, to act as guards to
secure the same, and also to assist in pulling down or demolishing
any house or building, if necessity require ; and further, it shall
be their duty to suppress all tumults or disorder. It shall also
be their duty to cause order to be preserved in going to, working
at, or returning from fires, and at all other times when companies
• attached to the department are on duty.
See No. 270.
Duty of chief No. 282. (11.) That the chief engineer shall have the sole
command at fires over all members of the fire department, and
all other persons who may be present at fires ; and shall take all
proper measures for the extinguishment of fires, protection of
property, preservation of order, and observance of the laws,
ordinances and regulations respecting fires ; and it shall be the
duty of said chief engineer to examine into the condition of the
engines, and of all other fire apparatus, and of the engine and
other houses belonging to the city and used for the purposes of
the fire department, as often as circumstances may render it
expedient, or whenever directed so to do by the committees on
fire of the common council, and semi-annually to report the same
to said committees; also to cause a full description of the same,
together with the names of the officers and members of the fire
department, to be published annually, in such manner as the
said committees shall direct ; and it shall be, moreover, the duty
of the chief engineer to receive and transmit to said committees
all returns made of officers, members and fire apparatus, belonging
to the respective companies, as hereafter prescribed, and all other
communications relating to the affairs of the fire department, and
to keep fair and exact rolls of the respective companies, specify-
ing the time of admission and discharge, and the age of each
engineer.
PIBE DEPARTMENT. ^i
member, which he shall report to said committees ; and he shall
also report to said committees all accidents by fire which may-
happen within the city, with the causes thereof, and the number
and description of the buildings destroyed, together with the
names of the owners and occupants, and an estimate of losses by
the same.
No. 283. (12.) No person under eighteen years of age shall Members of com.
be employed as a member of the fire department of the city of
New Orleans.
No. 284. (13.) That the captain and lieutenant of each Duty of officers
,,,-■- - , . 1 /. ,1 of companies. ;
engme company shall be selected and appointed from among the
twenty men composing said company, and shall be stationed at
the engine house of said company, and shall be constantly on
duty. At an alarm of fire, said captain and* lieutenant shall
attach the horses to start the engine and hose carriage belonging
to the same, for the scene of the fire \ they shall also keep the
engine, hose, etc., in good working order, the house in a cleanly
condition, and take full and proper care of the horses attached to
the same.
No. 285. (14.) That it shall be the duty of the captains to Duty of captains
see that the several engines and apparatus committed to their paS^^ °°
care, and the several buildings in which the same are deposited,
and all things in and belonging to the same, are kept neat and
clean, and in order for immediate use. It shall also be their duty
to preserve order and discipline at all times in their respective
companies, and require and enforce a strict compliance with the
city ordinances, the rules and regulations of the department, and
the o'rders of their superiors. They shall also keep fair and
exact rolls, specifying the time of admission, discharge and age
of each member of their respective companies, and accounts of
all property belonging to the department and entrusted to the
care of the several members of their respective companies, and
of all absences and tardiness among the same, in a book provided
for that purpose; which rolls or record books are always to 'be
subject to the order of the fire committees of the common council.
They shall also make to the chief engineer true returns of all
the members of the several companies, with their ages and the
apparatus entrusted to their care, when called upon by said
engineer so to do.
No. 286. (15.) That the captain and lieutenant of each hook Duty of oflicers
and ladder company shall be selected and appointed from among ^er companies.
the fifteen men composing said company, and shall be stationed
08
FIRE DEPARTMENT.
Duty of officers
ot Ptenm engine
hose company.
Duty of officers
of steam engine
eompany.
Englnfeer of
dteam engine
company.
Members of fire
companies.
PoTrers of com*
panics. .
Power of officers
«8 to buildings.
at the house of said company, and shall be constantly on duty.
At an alarm of fire, said captain and lieutenant shall attach the
horse to and start the hook and ladder carriage for the scene of
the fire ; they shall also keep the hook and ladder apparatus and
carriage in good order, the house in a cleanly condition, and take
full and proper care of the horses attached to the same.
No. 287. (16.) That the captain and lieutenant of the hose
company for the steam fire engine shall be selected and appointed
from among the ten men composing said company, and shall be
stationed at the house of said company, and shall be constantly
on duty. At an alarm of fire, said captain and lieutenant shall
attach the horses to and start the hose carriages for the scene of
the fire. They shall also keep the hose carriages and hose in
good order, the house in cleanly condition, and take full and
proper care of the horses attached to the same.
No. 288. (17.) That the captain and lieutenant of the
steam fire engine company shall be selected and appointed from
among the eight hose pipe men of said company. That the
two drivers of said company shall be stationed at the house of
said company, and shall be constantly on duty. At an alarm of
fire said drivers shall attach the horses to and start the steam
fire engine and hose carriage and fuel wagon for the scene of
the fire ', they shall also keep the hose carriage, fuel wagon and
hose in good order, the house in a cleanly condition, and take
full and proper care of the horses attached to the same.
No. 289. (18.) That the engineer of the steam fire engine,
shall be stationed at the house of said engine ; shall be always
on duty, and shall keep said engine in good order and ready
for service.
No. 290. (19.) The engineers and members of the several
companies connected with the fire department shall wear such
caps, badges, or insignia as the chief engineer shall direct, and
no other person shall be permitted to wear the same.
No .291. (20.) That no company shall have power to
appoint or discharge any officer or member thereof, or shall
leave the city on an excursion, or appear in the streets as
firemen, except in cases of alarms or fire, unless by express
permission of the chief- engineer.
No. 292. (21.) That the chief and assistant engineers
shall have the right to examine personally, all houses erected,
or at any time being erected, in which fire is used, or intended
to be used; with full power to cause such alterations and
yiRE DEPARTMENT. ^^
iixjprovements in flues, stove-pipes, etc., in tlie same, and suck
alteration in tlie location of fires in carpenter shops, and other
equally hazardous occupations, as may be necessary for the
public safety.-
See No. 263.
No. 293. (22.) That four engine companies and one hook Location of com*
and ladder company shall be located in the first district ; four
engine companies and one hook and ladder company shall be
located in the second district; three engine companies and one
hook and ladder company shall be located in the third district ;
and two engine companies and one hook and ladder company
shall be located in the fourth district, and that the same shall
be stationed at such places and occupy such houses in said
districts, respectively, as the fire committees of the common
council shall determine.
No. 294. (23.) That the steam fire engine company, the Location of steam
hose company for the steam fire engine, and the bell-ringers, ers, etc.
shall be stationed at such places, and occupy such houses in the
city of New Orleans as the fire committees of the common
council shall determine, and that said bell-ringers shall be
always on duty day and night.
No. 295. (24.) That the chief engineer, assistant engineers, officer*,
captains, lieutenants, and members of the several engine, hook
and ladder and hose companies, shall be appointed as hereinafter
provided.
No. 296. (25.) That the chief engineer, assistant engineers, Bemovaifrom
captains, lieutenants, and members of the several engine hook
and ladder and hose companies, . shall be subject to removal from
office, or membership, as hereinafter provided.
No. 297. (26.) That it shall be the duty of the chief Oath of officra.
engineer and assistant engineers, captains and lieutenants,
before entering upon the duties of their several offices, to be
qualified by the mayor, either by oath or affirmation, that they
will faithfully perform, to the best of their abilities, all the duties
appertaining to the same.
No. 298. (27.) That the chief engineer, before entering Bond of chief
upon the duties of his office, shall give bond in the sum of
twenty-five hundred dollars, made payable to the mayor of New
Orleans and his successors in office, conditioned for the faithful
performance of the duties thereof.
No. 299. (28.) That each assistant engineer, before Bond of assist,
entering upon the duties of his office, shall give bond in the '^^^ «D8»ne«r»-
100 FIRE DEPARTMENT.
sum of twenty-five hundred dollars, made payalile to the mayor
of New Orleans and his successors in office, conditioned for the
faithful performance of the duties thereof.
What companies No. 300. (29.) That no association, or organized society
or club of firemen shall be allowed, except as authorized by
this ordinance.
Department sup- No. 801. (30.) That the support of the fire department
tract. ^ "^"" as herein constituted, and the active working of the same, shall
be done by contract, for the term of five years from the day of
the date of the adjudication of the same.
Sale of contract. No. 302. (31.) That the comptroller of the city of New
Orleans shall after five days' publication thereof in the official
journal, sell at auction, to the lowest bidder, the contract for
the support of the fire department, as constituted by this ordi-
nance, and the active working of the same year by year for the
term of five years from the day of the date of the adjudication
of the same.
Appointments No. 303. (32.) That the purchaser of the contract for the
officers™et^! ^ ° support of the fire department, and the active .working thereof,
at the sale made in accordance with sections thirty and thirty-one
of this ordinance, shall have power to appoint and shall appoint
the chief and assistant engineers, the captains and lieutenants,
and the members of the several companies connected with the
fire department, and required to be organized by this ordinance ;
and further he shall have power to dismiss the same, or any
one of the same, from office or employment, at such time or
times as he shall see fit.
Obligations of No. 304. (33.) That the purchaser of the contract for the
contract!'^ ° support of the fire department, and the active working thereof,
at the sale made in accordance with sections thirty and thirty-one
of this ordinance, shall, within one day after the day of the date
of adjudication of said purchase, give bond, made payable to
the mayor of the city of New Orleans and his successors in
office, with security, to be approved of by the chairmen of the
finance committees of the common council in the amount of
forty thousand dollars; conditioned that said purchaser will
fulfill and perform at his own charge and cost, during the term
of his -contract, all that is required to be done and performed
by sections one, two, three, four, five, eight, nine, ten, eleven,
twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen,
nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty*
five, twenty-six, twenty-seven, twenty-eight, thirty-four, thirty-
HRE DEPARTMENT. 101
five, thirty-six, thirty-nine and forty of this ordinance; .that
he will make the appointments and invest .said yppoiat^mcnts
with the authority and duties required by sections one, eight,
nine, ten. eleven, thirteen, fourteen, fifteen, seventeen,
eighteen, twenty, twenty-one, twenty-four, twenty-five and
thirty-two of this ordinance ; and that he will cause to be
done by the several engineers, captains and lieutenants of com-
panies, and members of companies, appointed and employed by
him under and by virtue of this ordinance, all the duties,
services and labor required to be done by said engineers,
captains and lieutenants of companies, and members of com-
panies by this ordinance, and generally that said purchaser will
do and perform at his own charge and cost^ during the term of
his contract, all that is required to be done and performed by
him under and by virtue of this ordinance.
No. 305. (34.) That said purchaser of said contract, at Obligations of
the sale made in accordance with sections thirty and thirty-one
of this ordinance, shall, at all times, during the continuance of
said contract, have in 'his employ and ready for service the
number of companies and the number of competent men and
officers attached to said companies, required by section one of
this ordinance ; and said men and officers shall, whenever an
alarm of fire is given, proceed at once with the engines and other
apparatus for the extinguishment of fires entrusted to them, ^to
the place of the fire, and there render full and efficient service.
And said men and officers, with the engines and other apparatus
for the extinguishment of fires entrusted to them, shall remain
at the place of the fire, and in active service, until said fire is
extinguished.
No. 306. (35.) That the purchaser of said contract, at the obligations of
sale made in accordance with sections thirty and thirty-one of
this ordinance, shall, during the continuance of said contract,
and in addition to said requirements of article two of this ordi-
nance, keep constantly on hand four extra fire engines and four
extra hose carriages ; the same to be always in good order and
ready for service.
No. 307. (36.) That the purchaser of the contract for the Duty of con-
support of the fire department, and the active working thereof, ^^^'^^'^^'
at the sale made in accordance with sections thirty and thirty-one
of this ordinance, shall not transfer, assign over, or underlet the
same to any person or persons, whatsoever, for the term* or any
portion of the term of said contract; and that said purchaser
102
HRE DEPARTMENT.
Duty of con*
tractor.
Police powers of
contractor.
InTcntory of
engines, etc., be-
lo::ging to the
city.
Contractor to
keep engines,
etc.. in good
order.
In case of death
of contractor.
s|i<s^I;. immediately^ after giving the bond required by section
tiiirty tlire^ :0f .this ordinance, enter upon and continue to perform
the duties and requirements of said contract.
Nq. 308. (37.) That said purchaser of said contract at the
sale made in accordance with sections thirty and thirty-one of
this ordinance, shall deposit, at the time of the adjudication of
said sale, the sum of twenty-five hundred dollars in the hands of
the comptroller of New Orleans ; said deposit to be returned to
said purchaser on his giving bond as required by section thirty-
three of this ordinance ; otherwise, and on said purchaser failing
to give said bond, said deposit to be forfeited to the use and benefit
of the treasury of New Orleans.
No. 309. (3(8.) That the purchaser of said contract at the
sale made in accordance with sections thirty and thirty-one of
this ordinance, shall have police powers at all fires.
No. 310. (39.) That the purchaser of said contract for the
support of the fire department and the active working thereof,
shall be furnished with an inventory of all fire engines, hook and
ladder carriages and apparatus, hose carriages, hose and other
apparatus for the extinguishment of fires, belonging to the city of
New Orleans, and shall be put in possession of the same ; and that
the same, or a like number and quantity, and of equal value, of fire
engines, hook and ladder carriages and apparatus, hose and other
apparatus for the extinguishment of fires, shall be returned to said
city by said purchaser or his securities at the expiration of said
contract, or its determination by death or otherwise ; and that
said inventory shall be made by the city surveyor and the
chairmen of the committees on fire of the common council, and
a duplicate thereof shall be deposited with the treasurer of the
city.
No. 311. (40.) That the city of New Orleans shall, as soon
as practicable, put in thorough repair the various engines houses,
and hook and ladder houses, which shall be appropriated to the
use of the purchaser of said contract for the support of the fire
department and the active working thereof, in accordance with
this ordinance ; and said purchaser shall, thereafter and during
the continuance of said contract, maintain the same in like good
order and condition.
No. 312. (41.) That in case of the death of the purchaser
of said contract for the support of the fire department and the
active working thereof, at any time during the continuance of
said contract; said contract shall be determined and wholly ended
PlRE DEPARTMENT'. 103
by said death ; and all interest in the same shall revert to the
city of New Orleans to be resold, or otherwise disposed of accord-
ing to the will and action of the common council of the same;
and that during such iifterval as may occur between said death of
said purchaser as aforesaid and action taken thereupon by said
common council, the chief engineer appointed under and by virtue
of this ordinance shall carry forward the fire department and the
active working thereof in the manner prescribed by this ordinance,
and at the expense of the city of New Orleans.
No. 313. (42.) That the chairmen of the fire committees of Power and <iuty
. . of fire com mi t-
tue common council shall have general supervision over the tees of common
fire department created by this ordinance, and over the buildings
and property of the city entrusted to the purchaser of the
contract for the support and active working of said department,
and shall, from time to time, report to said council upon the
efficiency or inefficiency of said department, and upon the
efficiency or inefficiency of said purchaser, and of the officers
and men connected with the same.
No. 314. (43.) That the chairmen of the finance, fire and Board of com.
judiciary committees of the common council, together with a
committee of six persons to be elected by the presidents and
agents of the insurance companies domiciled in New Orleans,
shall constitute a board of commissioners, with full power to hear
and determine all complaints made by a citizen or citizens of
New Orleans touching the fire department created by this ordi-
nance, and the working of the same; and if at any time three-
fourths in number of the members of said board of commissioners
shall by vote declare the purchaser of the contract for the support
of the fire department and active working thereof, guilty of gross
neglect, or to be inefficient in any matters touching the same,
said contract shall be thereby dissolved as in case of the death of
said purchaser.
No. 315. (44.) That the amount which shall be payable by CoTitractor to be
the city of New Orleans to the purchaser of the contract for the ^*^ °° ^'
support of the fire department and the active working thereof,
under and by virtue of this ordinance, shall be paid in equal
monthly instalments, upon the last day of each and every month.
No. 816. (45.) That the sale of the contract for the support saie of contract
of the fire department and the active working thereof, made in by councT^^*^
accordance with sections thirty and thirty-one of this ordinance,
shall be subject to the approval of the common council; and in
case said sale shall not be approved of by said common council,
104
FIRE DEPARTMENT.
Repealing clause.
Delivery of en-
gines, etc.
Duty of police
during fires.
Duty of police
during fires.
Engines, etc ,
not to be run on
sidewalks, etc.
the money deposited by the purchaser at said sale in the hands of
the comptroller, in accordance with section thirty-seven of this
ordinance, shall be returned to said purchaser.
No. 317. (46.) That all ordinances, tnd parts of ordinances,
contrary to the provisions of this ordinance, be and the same are
hereby repealed.
City Ordinance, No. 2492. Approved Dec. 8, 1855.
No. 818. That the mayor of the city of New Orleans
be^ and he is hereby requested to tender and deliver to the
firemen's charitable association, the engine houses, hook and
ladder houses, fire engines, hooks and ladders, hose carriages,
and such fire apparatus as are now in possessson of the contractors
for the extinguishment of fires in the city of New Orleans,
agreeably to section forty, of the ordinance leasing the said
contract.
City Ordinance, No. 3228. Approved January 7, 1867.
No. 319. Whenever a fire occurs in any part of the city, it
shall be the duty of the respective captains of police, or the
officers on duty at the time, to cause all the fire alarm bells under
their control to be loudly rung, designating by taps of said bell
the district i^ which the fire may be.
The first district shall be indicated by one tap.
The second district shall be indicated by two taps.
The third district shall be indicated by three taps.
The fourth district shall be indicated by four taps.
And whenever a fire occurs during the night, it shall be the
duty of all watchmen to cry *^fire ! fire ! fire !" to spring their
rattles, cry the district in which the fire may be, and, as near as
practicable, the name of the street.
City Ordinance, No. 646. Article 2.
No. 320. At all fires it shall be the duty of the police to
keep the space immediately in front of the same, free from intru-
sion by persons not rendering aid at the fire, that the firemfen
may be enabled the better to discharge their duty, and, in case of
danger, eifect their escape.
No. 321. No fire engine, hose or hook and ladder company,
or any tender attached thereto, shall be permitted to run on the
sidewalks of this city, or through any of the markets, or public
squares under a penalty of not less than twenty-five dollars for
each ofi"ense ; and it is hereby made the duty of every police
riRE DEPARTMENT. 105
officer to report any infraction of this article to the comptroller.
The remainder of this Ordinance, repealed by Ordinance 2492.
City Ordicance, No. 640.
No. 322. It shall be the duty of the commissaries of the Fireplugs,
several markets as soon as the market shall have been washed, to
have the fire plugs closed and kept closed until wanted the next
day, for the same purpose, except in case of fires ; and for any
violation of this ordinance the commissary shall be dismissed
from his office.
City Ordinance, No. 2144.
No. 323. It shall be the duty of the night watch to arrest rire Plugs.
any and all persons except the officers of the company, found
opening the fire plugs at night, except in case of fire.
City Ordinance, No. 2145.
No. 324. That the following gentlemen, viz: Messrs, C. Board of commis.
Briggs, A. Brother, J. Tuyes, Henry Y. Ogden, Thos. Sloo ^^'^^^^^'
and W. Rayne, chosen at a meeting of the presidents and agents
of the insurance companies domiciled in the city of New Orleans,
in pursuance of section forty-three of ordinance No. 2491,
approved December 8, 1855, entitled, ^^An ordinance concerning
the fire department,^ ^ and which, together with the chairmen of
the finance, fire and judiciary committees of the common council,
shall constitute a board of commissioners for such purposes as
are set forth in said section No. 43 [of ordinance No. 2491,
be and the same are hereby approved.
See No. 314 of this book.
City Ordinance, No. 2560.
No. 325. That the board of commissioners of the fire depart- Board to appoint
ment of the city be and they are hereby authorized to appoint a * ^^'^^^*
suitable person who shall act as secretary of said board of com-
missioners, at a salary of three hundred dollars per annum, and
that the comptroller be and he is hereby authorized to place the
name of the person so appointed on the city pay-roll of officers.
City Ordinance, No. 2744.
No. 326. That the city comptroller be and he is hereby Depot for fire
requested to remove all the old engines and fire apparatus belong- ^pp»^*^"«'
ing to the city, to the house of Protection Fire Company No. 19, and
that said engine house be and it is hereby constituted a depot
for the fire apparatus of the city until further action of this
council.
City Ordinance, No. 2918.
14
106 FIRE depahtmint.
Fire bells. No. 327. (The following ordinances, enacted in relation
to j&re alarm bells^ are not deemed of sufficient importance
to insert in this work — ordinance, Nos. 188, 511, 618,
1033, 1039, 1802, 1803, 1815, 1898, 1950, 2040 and 3042.)
See " Chimneys," etc. No. 147.
Fire companies
incorporated.
Powers.
ACTS OF THE LEGISLATURE.
An Act to incorporate Fire Companies in the city of New Orleans, and
for other purposes.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened, That the several
fire companies now organized and in active operation, or that may here-
after (by and with the consent of the mayor and council of the
municipality of New Orleans in which said companies may be located)
be organized and put in active operation, shall, on compliance with the
terms and conditions of this act, be deemed, and are hereby declared and
constituted bodies corporate and politic under such names as they may
assume, and under such names they and their successors shall severally
have succession, and be capable of suing and being sued, pleading and
being impleaded, defending and being defended in all courts of justice
whatsoever ; and also that they and their successors, by the aforesaid
names, shall severally in law be capable of purchasing, holding and
conveying any estate, real or personal, for the use of their respective
corporations, — Acts of 1842, p. 412.
An Act supplementary to an Act entitled "an Act relative to Jurors,"
approved 14th March, 1855.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened, That each of those
persons who are now exempt, and who now or hereafter may be enrolled
and doing militia active members in any one or more of the present or future fire com-
panies within the parish of Orleans, attached to, connected with, and
co-operating with the Firemen's Charitable Association, and who may
serve as firemen for a period of six years, after the age of eighteen years,
and who while thus serving, are also members of the Firemen's Charitable
Association, shall, during the period of such service and thereafter, be
exempt from any jury or militia duty within the State of Louisiana,
except in cases of invasion or insurrection : provided, that in every
case in which any person may claim the privileges granted by this act,
he shall exhibit to the president and secretary of the Firemen's Charitable
Association, a certificate or certificates of time of service and honorable
discharge, signed by the commanding ofiicer and secretary of the incor-
porated fire company or companies in which he has been enrolled ; and
if the said president and secretary shall find, that he has served singly
or collectively as an active member in one or more of said fire companies,
and been a member of the Firemen's Charitable Association during the
term of six years, it shall be their duty to furnish each of such persons
Certain persons
exempt from
serving on juries
FISCAL AGENCY. . 107
with a certificate in duplicate accordingly, to serve as proof of the facts
therein stated, and receive from each of such persons a contribution of
five dollars for the benefit of said Firemen's Charitable Association, one of
which certificates shall be filed in the archives of the sheriff of the parish
of Orleans.— Acts of 1856, p. 108.
For charter of Firemen's Charitable Association, see Act of March 19,
1855, and Act of March 21, 1850. .
FIRE LIMITS.— See ^^ Buildings/' p. 27.
FISCAL AaENCY.
An Ordinance creating a Fiscal Agency for the payment of Bonds of
the city of New Orleans, and the interest thereon, in conformity
with an act of the Legislature of the State of Louisiana, approved
March 14, 1855.
No. 328. (1.) Be it ordained by the common council of the Common councu
- ^ ^ '' to elect agent.
City of New Orleans, That the common council shall elect, by
joint ballot, in May, 1855, one of the banks of the city of New
Orleans as fiscal agent of said city for the purposes hereinafter
expressed, viz :
No 329. To receive from the city treasurer, daily on deposit, Obligation of
all moneys collected by said treasurer, on account of the conso-
lidated loan tax, taxes for the payment of interest on bonds
issued to railroad companies, and dividends received from rail-
road companies in which the city is a stockholder, and to keep
separate accounts of the same, each under its proper head.
No. 330. To pay, when due, without expense to the city, all To pay interest
interest coupons on the bonds of the consolidated debt of the
city of New Orleans, and all interest coupons on bonds issued
to railroad companies, or any other interest coupons, if such
there be, which the city of New Orleans is bound by law to
pay, whether the same be payable in this city or elsewhere.
Said fiscal agent shall also pay, when in possession of city funds,
any bonds purchased before maturity by resolution of the
common council, under existing laws, provided every bond so
purchased shall have endorsed thereon, by the comptroller of the
city, the amount to be paid for the same, and the date of the
resolution of the common council authorizing the purchase. In
the event of interest coupons falling ^ue previously to the
collection and deposit of the taxes imposed for the payment of
108
FISCAL AGENCY.
To report month-
ly-
Duty of treasu-
rer.
Duty of comp-
troller.
said coupons, it shall be, nevertheless, obligatory on the fiscal
agency hereby created to pay said coupons on presentation,
and any amount thus advanced shall be reimbursed to said
agency out of the first taxes collected.
No. 331. To report monthly, under their proper heads, as
before provided, to the common council, the amount deposited
by the city treasurer during the month ending at the date of the
report, the amount of interest coupons and bonds paid, with a
description of the same, and the balance of cash remaining on
hand. Said report shall be spread upon the minutes and pub-
lished in the official journal of the common council as part of
their proceedings.
To deliver to the comptroller of the city, on demand, any
bonds or interest coupons which may have been paid under the
provisions of this ordinance : provided, said bonds or interest
coupons shall be canceled by the fiscal agent before their
surrender, in the presence of the comptroller, who shall receipt
for the same.
No. 332. (2.) That it shall be the duty of the city treasurer
to deposit daily, in the bank chosen by the common council as the
fiscal agent of the city, all moneys received by him on account
of the consolidated loan tax, taxes for the payment of interest
on bonds issued to railroad companies, and dividends received
from railroad companies, in which the city is a stockholder. He
shall also deposit in the same bank, as soon as said fiscal agent
shall have been appointed, all moneys which he njay have
collected from sources herein enumerated, before the appoint-
ment of said fiscal agent ; and the sums thus deposited by him
shall be entered in separate bank books, each designating the
special fund for which such deposit is made ; and he shall state
said collections and deposits in his daily reports to the
comptroller and in his weekly reports to the common council.
No. 333. (3.) That it shall be the duty of the comptroller of
the city, immediately after the appointment of the fiscal agent, to
furnish to said agent, samples of all the interest coupons to
be paid by said agent under the provisions of this ordinance,
and such a description of each coupon, its number, letter,
amount, time to run, when due and where payable, as will be
sufficient to identify the same. He shall also furnish such
samples and descriptions as said agency may require for the
use of its agents in placgs out of New Orleans.
FISCAL AGENCY.
109
No. 334. (4.) That the fiscal agent shall not be elected Term of office,
annually, but shall act as such during the pleasure of the common
council, or until said agent resign.
No. 335. (5.) That a written contract shall be made between Contract to be in
the city and the fiscal agent in conformity with this ordinance.
No. 836. (6.) That the bank elected as the fiscal agent of to notify mayor,
the city, under this ordinance, shall notify the mayor of the city
of its acceptance of said agency in accordance with said ordi-
nance, within five days from and after said election; otherwise
said election to be null and void.
No. 337. (7.) That the chairmen of the finance committees who to make
be, and are hereby empowered to make, on the part of the city
of New Orleans, the contract, contemplated by the fifth article of
this ordinance.
City Ordinance, No. 2141. Approved May 5, 1855,
ACTS OF THE LEGISLATURE.
Sec. 118. That the common council shall elect, in joint session, viva Bank to be elect-
voce, one of the banks of the city of New Orleans as fiscal agent, to ^ ^°* jagent.
act as such during the pleasure of the common council, or until said
agent resigns, for the following purposes, yiz :
To receive from the city treasurer daily, on deposit, all moneys Duties of said
collected by said treasurer, on account of the consolidated loan tax, ^^* ^^^^ '
and taxes for the payment of interest on bonds issued by railroad
companies in which the city is a stockholder, and to keep separate
accounts of the same, each under its proper head.
To pay, when due, without expense to the city, all interest coupfcs Fiscal agent in
on bonds of the consolidated debt of the city of New Orleans, and all pay bond^' ^
interest coupons on bonds issued to railroad companies, or any other
interest coupons, if such there be, which the city of New Orleans is
bound by law to pay ; whether the same be payable in said city or
elsewhere. Said fiscal agent shall also pay, when in possession of city
funds, any bonds purchased before maturity by resolution of the
common council under existing laws :
Provided, every bond so purchased shall have endorsed thereon, by proTiso.
the comptroller of the city, the amount to be pai(f for the same, and the
date of the resolution of the common council authorizing the purchase.
In the event of interest coupons falling due previously to the collection
and deposit of the taxes imposed for the payment of said coupons, it
shall be, nevertheless, obligatory on the fiscal agent hereby created to
pay said coupons on presentation; and any amount thus advanced, •
shall be reimbursed to said agent out of the first taxes collected of the
taxes imposed for the payment of said coupons.
To report monthly, under their proper heads, as above provided, to Duties of fiscal
the common council, the amount deposited Ijy the city treasurer during »gent.
the month ending at the date of the report, the amount of interest
no
FLATBOATS AND FLATBOAT BASIN.
coupons and bonds paid, with a description of the same, and the balance
of cash remaining on hand. Said report shall be spread upon the
official journal of the common council as a part of their proceedings.
To deliver to the comptroller of the city, on demand, any bonds or
interest coupons which may have been paid under the provisions of this
act: Provided, said bonds, or interest coupons, shall be canceled by
the fiscal agent before their surrender, in the presence of the comptroller,
who shall receipt for the same.
No portion of the deposits, made as above provided, shall be with-
drawn from said fiscal agent on the check of any person or persons
whatever, except under a resolution of the common council to remove
said deposits to another bank, elected fiscal agent of the city under the
provisions of this act ; in which case, a check for the funds to be
removed shall be signed by the mayor, comptroller and treasurer, and
shall be accompanied by a certified copy of said resolution. The bank
elected as the fiscal agent of the city, as above provided, shall notify
the mayor of the city of its acceptance of said agency within five days
from and after said election ; otherwise said election shall be null aud
void, and the common council shall, at its next meeting thereafter,
proceed to a new election of fiscal agent, as provided for by this act. —
Acts of 1856, page 163,
See Act of 1855, page 231.
See Act of 1856, page 143, sec. 30, and page 145, sec. 31.
FLATBOATS AND FLATBOAT BASIN.
Unlawful to
shell corn, etc.
Retailing mer-
chandise.
Discharging
cargo.
A^lOrdinance for the Government of the Produce Flatboat Basin in the
First District.
No. 338. (1.) From and after the passage and approval of
this ordinance, it shall not be lawful to shell corn on board of
any flatboat or craft, inside of the flatboat basin, nor to throw
or cause to be thrown or emptied into the same any decayed fruit
or vegetables or any other solid matter whatsoever, under a penalty
hereby imposed for each and every such off"ense, of twenty-five
dollars, recoverable before any court of competent jurisdiction.
No. 339. (2.) It shall not be lawful to remove any goods,
wares or merchandise of any kind whatsoever from one flatboat
to another or from any store to a flatboat for the purpose of
selling or retailing the same therefrom, under a penalty hereby
imposed of twenty-five dollars for each and every such off"ense
recoverable as aforesaid.
No. 340. (3.) Hereafter, eight days (Sundays exclusive)
shall be allowed to each flatboat or craft to discharge her cargo if
FLOUB— .INSPECTION OF, 111
lying inside of the basin or the entrance thereto, provided no
portion of such cargo shall have been discharged at the landing
outside, in which case a portion only of said time shall be allowed
for the discharging of such cargo, and at the expiration of said
eight days, or the proportion of time thereof allowed by the
wharfinger on partly discharged boats, any and all boats remain-
ing in said basin, shall be liable, together with their owners, to
a fine of five dollars per day — hereby imposed — for each and
every day thereafter, recoverable as aforesaid.
No. 341. (4.) No flatboat shall be permitted to remain in Location of
the entrance of the basin so as to obstruct the passage in or out
of the same, under a penalty of twenty-five dollars for each such
offense, and a further penalty of five dollars per day for each and
every day that the same shall remain after having been notified
by the wharfinger to remove, recoverable as aforesaid.
No. 342. (5.) It shall be the duty of the wharfinger to Duty^of wharfin-
attend strictly to the enforcing of this ordinance and the penal-
ties imposed thereby.
City Ordinance, No. 2204. Approved June 1, 1855.
For Wharfage dues, see No. 1001.
Dues for "Breaking up," see No. 1011.
Port for "Breaking up," Landings, etc., see Nos. 1015 and 1016.
ger.
FLOUR— INSPECTION OF.
ACTS OF THE LEGISLATURE. ti
An Act relative to the Inspection of Flour in the city of New Orleans.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened, That the Governor inspectors of
shall nominate, and by and with the advice and consent of the senate, of l?ew Orieans.^
shall appoint five inspectors of flour, for the city of New Orleans.
Sec. 2. That they shall be entitled to charge five cents on each Their fees.
barrel of flour inspected by them, in full compensation of their services. .
Sec. 3. That each barrel 'of flour shall contain one hundred and Duties of the
ninety-six pounds of flour, English weight, and if intended for the first ^°^P®°*°"-
quality, shall be branded "superfine;" and on each barrel intended
for the second quality, shall be branded "fine;" and on each barrel
intended for the third quality, shall be branded "middlings;" but
■where any flour shall be found to correspond with the manufacturer's
brand, as superfine or fine, the inspector shall brand " city of New
Orleans, " which shall entitle it to be sold as bearing the quality
thereon described. If the quality of the flour branded by the manufac-
112
FOREIGN PAtJPERS AND CRIMINALS.
Flour liow in-
spected.
Penalty against
owner in case of
mixture.
Penalty for al-
tering the brand
or mark of
inspectors.
Certain laws
repealed.
turer as superfine, shall appear by inspection to be fine only, or when
marked as fine, shall appear to be superfine, such inspector, in addition
to the words city of New Orleans, shall add fine or superfine, as the
case may be. No inspector shall purchase any flour other than for his
private use, under the penalty of four hundred dollars.
Sec. 4. That for the inspection of flour the inspectors shall be
provided with an half-inch barrel auger, with which each barrel of
flour shall be bored into, so as to satisfy themselves of the quality of
the flour ; and if any flour shall be found, on examination, to contain
a mixture of Indian meal, or any other mixture, the person off"ering the
same shall forfeit and pay the sum of four dollars for every barrel so
mixed, and the flour shall be liable for the payment thereof.
Sec. 5. That if any person shall alter or erase any brand or mark
of the inspector, every person so offending shall forfeit and pay the sum
of fifty dollars for every such offense, one-half to the use of the person
prosecuting for the same.
Sec. 6. That all laws contrary to the provisions of this act, and all
laws on the same subject-matter, except what is contained in the Civil
Code and Code of rractice, be repealed. — Acts of 1855, p. 466.
FOREiaN PAUPERS AND CRIMINALS.
No. 343. That tlie mayor be and he is hereby requested to
cause to be enforced so much of an act of the legislature of the
State, approved March 16th, 1818, as, in his opinion, may be
necessary to prevent the introduction into this city of foreign
. paupers and criminals.
City Ordinance, No 2303.
^ ACTS OF THE LEGISLATURE.
Bond to be given Sec. 12. That every person not a citizen of the United States, and
by certain per- above the age of ten years, arriving and landing at any place within
the limits of the State of Louisiana, from any foreign port, shall in like
manner report himself to any resident hospital commissioner, and when
they are above the age of majority, or by their parents or guardians
when under the age of majority, shall give bond in the sum of one
thousand dollars, with one or more joint and several solvent sureties,
resident in the parish where such person may have landed, conditioned
that the principal in such bond shall not, at any time within five years
from the date thereof, become, from any cause, chargeable in any
manner to the State, to its citizens, or to any charitable institution
within its limits, unless such institution be voluntarily supported by
Penalty for not foreigners or citizens of foreign birth. And every person who shall
giving said bond, ^gf^gg ^j. wilfully neglect, for twenty-four hours after his arrival and
landing, to make report and give bond as by this section required, shall
FORGES, FOUNDRIES AND STEAM ENGINES. 113
incur a penalty of fifty dollars. Persons arriving and landing in the
parishes of Plaquemines, St. Bernard, Orleans or Jefferson shall report
themselves in New Orleans, and furnish bond with surety resident in
the city of New Orleans.
Sec. 13. That it shall be lawful for any person referred to in the Commutation
foregoing section, who may be unable. or unwilling to furnish bond as ^°^ said bond,
required, to commute therefor by paying within twenty-four hours after
his arrival the sum of two dollars and fifty cents. — Acts of 1855, p. 205.
See Act of 1818, page 110.
FORGES, FOUNDRIES xiND STEAM ENaiNES.
An Ordinance relative to Forges, Foundries and Steam Engines.
No. 344. (1.) It shall not be lawful to erect or establish Not lawful to
within the city limits, any forge, foundry or steam engine, ^^^^ ' ^ ^'
without special permission of the common council, under penalty
of not less than fifty nor more than one hundred dollars, and
five dollars per day so long as any forge, foundry, or steam
engine shall continue in operation, in violation of this ordinance.
No. 345. (2.) All buildings for forges and foundries must Buildings to be
be constructed of brick or other incombustible materials. Any ^^® ^^°°^'
person violating this provision shall pay twenty dollars a ,
month, so long as sueh forge and foundry shall continue in
operation.
No. 346. (3.) All ordinances or parts of ordinances con- Repealing clause,
flicting with the provisions of this ordinance are hereby repealed-
City Ordinance, No. 3T76. Approved Dec. 26, 1856.
ACTS OF THE LEGISLATURE.
Art. 690. He who wishes to build an oven, a forge or a furnace
against the wall held in common, is bound to leave half a foot interval
and vacancy betwixt such wall and that of his oven, forge or furnace,
and this last wall must be one foot thick. — Civil Code.
GAS COMPANY.— See "Water works company.^
15
114
GUNPOWDER AND POWDER MAGAZINE.
GUNPOWDER AND POWDER MAGAZINE.
License to sell,
etc.
Wholesale ven-
dors.
Sign for dealers.
Vessels for con-
Teying powder.
An Ordinance relative to Gunpowder and to the Powder Magazine.
No. 347.* (1.) It stall not be lawful for any person to keep
any gunpowder, or offer for sale any gunpowder j 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 labelled ^^powder,''
in large letters, 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.
No. 348. (2.) The mayor shall grant licenses to vendors of
gunpowder by wholesale, who may keep on hand 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, riveted
and with handles, and labelled ^^ powder,'^ in large letters, to
be placed on the ground floor, within ten feet of the main
entrance. For this license, wholesale dealers must pay annually
twenty dollars.
No. 349. (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 ot the entrance, in
some conspicuous place.
No. 350. (4.) All boats employed in the conveyance 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. Steamboats 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 delivery 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 ; and the board of harbor masters 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 officers
GUNPOWDER AND POWDER MAGAZINE. 115
of steamboats or other vessels receiving powder, a copy of this
ordinance within each shipment.
No. 351. (5.) No person shall be allowed to pack up Packing powder,
powder for shipinent.
No. 352. (6.) Powder conveyed through the city must Vehicles for con-
be placed in a safely covered chest, and no dray or cart, or
other • vehicle, shall carry at any one time more than one
hundred pounds.
No. 353. (7.) It shall be the duty of the mayor to publish publication of
once every year the ordinances of the common council and acts
of the Legislature relative to the subject of gunpowder, and the
harbor masters shall distribute the same among the officers of
steamboats, ships, and other vessels.
No. 354. (8.) There shall be elected in the month of Keeper of pow-
June every year, by the common council, a keeper of the
powder magazine, who shall give bond with the security of ten
thousand dollars, conditioned, for the faithful performance of *
his duties.
No. 355. (9.) The powder magazine shall be opened at Hours for pow-
sunrise and closed at sunset, except when in cases of emergency ^^ ^^s^^^^
the mayor may deem it necessary to give other directions.
No. 356. (10.) No person shall be permitted to enter the powder maga-
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.
No. 357. (11.) The superintendent of said magazine shall Delivery of
deliver no powder except at the written request of the owner ^°^ ^^'
or his duly authorized agent, and such delivery 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.
No. 358. (12.) The superintendent shall be entitled to Charges.
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
re-shipment, in lots of not less than one hundred kegs, which
shall be subject to a charge of twenty-five cents for each hundred
116
GUNPOWDER AND POWDER MAGAZINE.
Exemption from
charges.
Penalties.
pounds; provided, it is taken out within fifteen days, and in the
same lots as received, storage payable monthly.
No. 359. (13.) All powder belonging to the Washington
artillery and the Orleans battalion of artillery shall be stored in
the powder magazine free of all charges whatsoever.
No. 360. (14.) Every person violating any provisions of
this ordinance, shall be fined not less than fifty nor more than
one hundred dollars.
Repealing clause. No. 361. (15.) All Ordinances or parts of ordinances con-
trary to the provisions of this ordinance, and all ordinances on
the same subject-matter, are hereby repealed.
City Ordinance, No. 3193. Approyed Dec. 30, 1856.
City council
Tested Avith.
power to punisli
wiUi fine, per-
f!oB> contraven-
ing regulations
relative to keep-
ing gunpowder.
Powder maga-
zine to belong in
common.
How adminis-
tered.
Keeper to give
bond.
Proceeds how
divided.
ACTS OF THE LEGISLATURE,
Sec. 7. That the city councils of the incorporated cities of this State
be, and they are hereby vested with the Ml power to punish with a
fine, not exceeding the sum of eight hundred dollars, any contravention
of the police regulations by which any individual is forbidden to keep in
his house or place of residence, more than a certain quantity of gun-
powder as fixed by the said police regulations, and to apply a part of
the fines to the informers, and the other part to the benefit of the corpo-
ration of the cities. — Acts of 1855, p. 326.
Sec. 3. That the powder magazine belonging to the city of New
Orleans, shall belong in common to the three municipalities and shall be
administered by the general council, who shall have authority to cause
such alterations or repairs to be made thereto from time to time as they
may deem necessary, and to appoint a keeper thereof, who shall give
bond with security in the sum of ten thousand dollars, and that all sums
arising from the storage of powder in said magazine shall be equally
divided (after deducting all necessary expenses) between the three
municipalities. — Acts of 1840, p. 50.
An Act to authorize the Mayor, Aldermen and Inhabitants of New
Orleans to establish a Powder Magazine for the use of private
individuals.
Section 1. Be it enacted by the Senate and House of Representatives
of the Slate of Louisiana in Gefieral Assembly convened. That it shall
be lawful for the mayor, aldermen and inhabitants of the city of New
Orleans, to purchase out of the limits of said city a lot of ground, and
to erect thereon a powder magazine, in which all gunpowder not belong-
ing to the United States of America shall be deposited, whether such
powder has been manufactured in this state or imported from any other
state or foreign country ; provided said magazine be not situated farther
than five miles from New Orleans, on the opposite side of the river.
Sec. 2. That as soon as a quantity of powder, greater than one
hundred pounds shall be imported into this state, it shall be the duty
GUNPOWDER AND POWDER MAGAZINES. 117
of the owner or consignee of the vessel or craft on board of ■which the
same shall have been imported, to cause such powder to be immediately
removed to the aforesaid magazine, agreeably to the regulations which
the mayor, aldermen and inhabitants of New Orleans may enact on that
subject, and the said removal shall take place within three days from
the arrival of the powder in the port of New Orleans, under a penalty
of a fine of twenty dollars for every hundred weight of powder imported
as aforesaid, which fine may be recovered before any court of competent
jurisdiction, one half for the benefit of the said mayor, aldermen and
inhabitants, and the other half for the use of the informer.
Sec. 4. That the said mayor, aldermen and inhabitants of New
Orleans shall adopt the necessary measures to secure and keep said
powder in the aforesaid store, and that the said magazine shall be fire-
proof, and be provided with a lightning rod. — Acts of 1818, p. 194.
An Act supplementary to an act entitled, "an act to authorise the
Mayor, Aldermen, and inhabitants of the city of New Orleans, to
establish a Powder Magazine, for the use of private individuals,"
approved March twentieth, eighteen hundred and eighteen.
Whereas the corporation of the city of New Orleans, by„virtue of a
right which had been granted to them by the Legislature, has established
powder magazines ; and whpreas time has proved that those powder ' ^
magazines obliged them to incur expenses which the receipts of said
magazines could not compensate, at the rate of twenty-five cents per
hundred pounds of powder :
Section 1. Be it enacted hy the Senate and House of Representatives of The mayor, al-
the State of Louisiana in General Assembly convened, That the mayor, ^^''*"®°'-®^;'4.
aldermen, and inhabitants of the city of New Orleans shall have a right demand fifty
to demand, from the owners of powder, or their agents, fifty cents per fo^ each hundred
month for each and every hundred pounds of powder which shall be po^^'is of pow-
, '' r r jgj, deposited in
deposited m the magazines already established, or which may hereafter the magazine.
be established by the corporation, any law, or provision of law to the
contrary nothwithstanding.
Sec. 2. That the mayor, aldermen, and inhabitants of the city of Mayor, alder-
New Orleans shall enjoy the right which is granted to them by the first ™^°' ^^^'' *°
section of the present act, but under the obligation, by them, to cause more powder
the building of one or more powder magazines, to be begun in the delay bx^f *"^^^
of one year after the passing of this act, in such place as the city council
shall deem proper to determine; provided, it be not less than two
arpents distant from any inhabited place whatever.
Sec. 3. That said mayor, aldermen, and inhabitants of New Orleans Right to build a
shall have the right to cause said powder may-azines to be built within magazine within
,,,.,, „^, .,„ ^ , . , . . ■. the limits of the
the umits ot the parish of Orleans, either with bricks or wood, according parish of Orleans.
to the opinion of two engineers of known abilities. — Acts of 1829,
p. 18.
118 HARBOR MASTERS — BOARD OF.
HARBOR MASTERS— BOARD OF.
Their duties, etc. No. 362. The harbor master shall be authorized from time to
time, to cause such ships and vessels as shall not be employed in
taking in or landing their cargoes, to remove from the levee in
order to make room for other ships and vessels, having more
immediate occasion for a convenient situation to take in or dis-
charge theirs, and in such cases he is authorized to send such
vessels so removed to be anchored or moored at the levee in all
that part of the port which is included between the upper limits
of Mr. John M'Donough's plantation and the lower limit of
Madame Duverge's plantation, on the right bank of the river;
or that part included above, between Delord steeet and the upper
limit of the port ; and below, from Enghein street to the lower
extremity of the said port on the left bank of the river, and as
to the fact of their being really and truly employed either in
taking in or discharging their cargoes, the said harbor master is
appointed sole judge to decide thereon j and moreover the said
• harbor master shall have the right of determining on what occa-
sions and how far captains and others having charge of ships or
vessels, must accomodate one another in their respective positions
and in case any captain or other person resists, opposes or refuses
to obey the harbor master in the discharge of the fifnctions of
his office, such captain or other person having charge of any ship
or vessel, or whoever the offender may be, shall for every such
offense incur a penalty of fifty dollars.
City Ordinance, of 1827, Art. 19.
Their powers, etc. No. 363. The harbor master, or any other person that may
be charged with his duties by the corporation, shall have a right
to determine the manner in which steamboats, barges, flats, keel-
boats and other craft of the same description, shall be moored
near the levee, and to give the necessary orders for that purpose;
and moreover to regulate the manner in which such craft must
make room for one another ; and every captain of a steamboat, or
master of any other craft, who shall not conform to the orders
which shall be given to him by the harbor master, or any other
person, substituted to him, shall pay for each and every such
offense a fine of twenty-five dollars; and if after three days notice,
the owner, master, or other person having charge of any flatboat,
barge, keelboat and other craft of the same description, shall not
HARBOR MASTERS — BOARD OF. 119
comply with tlie orders lie shall have received as aforesaid, the
said harbor master or his representative may cut such craft adrift.
CityOrdinanceof 1827, Art. 21. See No. 961.
For duty, etc., of Harbor Masters of Canals, see Nos. 101 and 104.
ACTS OF THE LEGISLATURE.
An Act to establish a board of Harbor Masters for the port of New
Orleans.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened, That the act Certain act re-
entitled "an act to regulate and define the duties of harbor masters,'' ^^® '
approved 15th March, 1855, be and the same is hereby repealed.
Sec. 2. That the Governor shall nominate and, by and with the Governor and
advice and consent of the Senate, appoint five harbor masters who shall nl'te five harbor
constitute and be known as the board of harbor masters for the port masters, to con-
* stitute the board
of New Orleans, and whose term of office shall be two years: Provided, ofharb'rmast'rs.
however, that the Governor shall have the power to remove from office po^r^o/the '^
anv of said harbor masters, upon satisfactory proof made to him of governor to re-
•' . move said harbor
negligence, incapacity or official misconduct. masters.
Sec. 3. That each of said harbor masters shall give bond, payable to Bond and secu-
the Governor and his successors in office, with two sufficient sureties, in by^harbo^r mas°
the penal sum of twenty-five hundred dollars, conditioned for the faithful ^'^^•
performance of the duties required of him by law.
Sec. 4. That said harbor masters, under the rules and regulations to Duties and
be established by the board, shall have authority to regulate and station ^^t"s?^ "^^-^^ot
all vessels in the stream of the river Mississippi, within the limits of the
port of New Orleans, and at the levees thereof, and remove from time to
time, such vessels as are not employed in receiving and discharging their
cargoes, to make room for such others as require to be more immediately
accommodated, for the purpose of receiving or discharging their cargoes;
and as to the fact of any vessel being fairly and bona fide employed in
receiving and discharging, the said harbor masters are constituted the
sole judges. And further, the harbor masters shall have authority to
determine how far and in what instances it is the duty of the master and
others having charge of ships and vessels, to accommodate each other in
their respective situations ; and if any master or other person shall
oppose or resist any harbor master in the execution of the duties of his
office, he shall for each offense, forfeit and pay the penal sum of fifty penalty for op-
dollars, to be sued for by the treasurer of the Charity Hospital of the P^^'f? harbor
HiRSLi^rs 111 too
city of New Orleans, for the use of said hospital : Provided^ however, performance of
that if any person shall consider himself aggrieved by the decision of any Persons aggriev-
individual harbor master, he shall be at liberty to appeal to the board, ed by the action
' J rr ' of a harbor mas-
and their concurrence shall be given thereto before such decision is carried ter, may 'appeal
into effect. to the board.
Sec. 5. That the board of harbor masters shall have power to demand Compensation of
and receive from the commanders, owners or consignees, or either of h*'^^^'' masters,
them, of every vessel that may enter the port of New Orleans and load,
unload or make fast to the levee, within the said limits, at the rate of
120
HEALTH— BOARD OF. — QUARANTINE.
two cents per ion, to be'computed from tlie tonnage expressed in the
register of such ressels respectively, and no more. This shall not extend
to chalands, flats, keelboats, steamboats, or other vessels which are
employed in the river trade, unless upon the application of the person
having charge of such chaiand, flat, keelboat, steamboat, or other vessels
so employed. The harbor master shall interfere and adjust any ditfer-
ence respecting the situation or position of such flat or boat, which
difference the -harbor masters are authorized to hear and determine ; in
which case they may demand and receive from the party in default in the
premises the sum of two dollars for every diff'erence so adjusted, and no
more.
Sec. 6. That it shall also be the duty of the said harbor masters to
superintend and enforce all laws of this State, and all laws of the city of
New Orleans, for the preventing]and removing of all nuisances whatsoever,
in or upon the levee of the city.
Sec. 7. That the said board of harbor masters shall keep an office in
a central part of the city, and may appoint such clerks and deputies as
Their clerks and they think proper, but the deputies and clerks shall take an oath to per-
form truly and faithfully the duties imposed on the harbor masters, and
the said harbor masters shall be responsible for their acts.
Sec. 8. That all laws contrary to the provisions of this act, and all
laws on the same subject-matter, except what is contained in the Civil
Code and Code of Practice, be and the same are hereby^ repealed,— Acts
of 1866, page 206.
For Decisions of Supreme Court, see "Master and Port Wardens."
Further duties of
harbor masters.
Office to be kept
by harbor mas-
ters.
deputies.
Certain laws re-
pealed.
HEALTH— BOAED OF.— QUARANTINE.
Duty of street
commissioner
and the police.
Quarantine es^
tablished.
Board of health
authorized to lo-
cate quarantine
ground, receiye
transfer, and
No. 364. That the street commissioner and all tlie police
officers of the city be^ and they are hereby authorized and
required, to execute and enforce all orders and instructions, that
may be issued to them respectively by the board of health
through its proper officers, in pursuance of the act of the Legis-
lature, approved 15th March, 1855.
City Ordinance, No. 2295.
ACTS OF THE LEGISLATURE.
An Act to establish Quarantine for the protection of the State.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened, That there shall
be quarantine established below the city of New Orleans, on the river
Mississippi, at a distance not less than seventy miles by the river from
the city. That the board of health, to be elected under this act, is
hereby authorized to locate the quarantine ground, to receive the
transfer of the necessary land in the name of the State, and to draw
HEALTH — BOARD OF. — QUARANTINE. 121
upon the treasurer of the State for the necessary amount, out of the fund draw for amount
appropriated under this act ; provided the consent of the governor of PTOvi^"'^ ^
the State is given to said purchase.
Sec. 2. That there shall be a board of health, composed of nine Board of health,
competent citizens of the State, to be elected as follow: three by the andchosen.^^
council of New Orleans, on joint ballot, and six to be appointed by the
governor, by and with the advice and consent of the Senate. The said
members shall be selected with reference to their known zeal in favor
of a quarantine system. All the members of the board shall be com- Term of office,
missioned by the governor for the term of one year, after having filed
and subscribed in the office of ohe secretary of State an oath well aud Oath,
truly to enforce and comply with the provisions of an act entitled "an »
act to establish Quarantine for the protection of the State," aud in case
of neglecting or failing to comply with the above required oath, within
ten days after their appointment or election, their office shall be considered
vacated.
Sec. 3. That the board of health shall meet once a month from the Meeting of the
first of November to the first of June, aud once a week from the first of ^^^^^ °^ ^^*"^
June to the first of November, and as often as they deem necessary.
Sec 4. That the board of health shall meet and organize on the Time of meeting
third Monday in April, and elect out of their own number a president, and organizing,
whose duty shall be to reside in New Orleans and superintend the Duties of presi-
different quarantine stations of the State, and it shall be his duty to ^^^^'
visit them as often as the board of health shall deem necessary. He
shall have the power to issue, during the adjournment, to constables
or sheriJeF all orders and warrants provided by the provisions of this act,
and shall report to the attorney general all violations of the same. It
shall be his duty to lay before the board, at each meeting, the business
to be transacted, and a book in which he shall enter copies of all letters
written by him, orders and warrants issued, and a detail of all his acts.
He shall present at each meeting all communications forwarded to him,
and a report of the resident physicians and treasurers, and perform such
other duties as shall be assigned to him by the board of health. He Hia removal,
shall only be removed by impeachment, and shall receive a salary of jjjy gaiary.
two thousand dollars a year.
Sec. 5. That four members of said board shall form a quorum ; Quorum,
provided however that no contract for building shall be entered into
without the consent of a majority of the board.
Sec. 6. That the board of health shall authorize the resident physi- Assistant physi-
cian to employ, in case of need, an assistant physician at the quarantine
ground on the Mississippi river, who shall act as his deputy, and whose His salary.
salary shall not be more than two thousand dollars a year. The board Powers and du-
of health shall have power to employ nurses and assistants to attend the of^health!^ ^^^
sick, and such other persons as may be necessary to carry out proper
quarantine regulations, and to fix their compensation ; to fix the number
of days of quarantine for vessels liable to it under sections ninth and
thirteenth of this act, not to be less than ten days; to determine how said
quarantine shall be performed ; and to make out all legal regulations
not provided by this act, nor contrary to the same, and necessary to
16
122 HEALTH — BOARD OP.—QUARANTINE.
carry out a proper system of quarantine, and to enforce the same by
fine not exceeding five hundred dollars ; to make rules and regulations
for preserving good order and police witliin the limits of the quarantine
ground, and to impose penalties for the breach thereof; to contract for
Secretaiy and the necessary buildings at the quarantine grounds; to appoint a secretary,
Tvho shall act as a treasurer, whose salary shall be fifteen hundred
dollars a year, and^ who shall furnish security in a sum of ten thousand
dollars. It shall be his duty to keep a minute of the proceedings of the
board, and all vouchers and expenditures made by authority of said
Po-.ver to remoTe board. The board of health shall have poAver to remove or cause to be
substances uetn-
xnental to health removed, any substance which they may deem detrimental to the health
in i ew Or eans.. ^^ ^-^^ ^.^^ ^^ -^^^ Orleans, and the commissioners of streets shall
execute their orders, whenever not in conflict with the ordinances of
Powers of the the city or the laws of the State; to pass and enforce sanitary ordi-
board in enforc- r. ., .^ .■,,.-, i , ., mi
lug sanitary nances for the city, provided the same are approved by the council and
ordinances. published as city ordinances ; to define the duties of officers employed
by them, and impose additional duties to officers appointed under this
act ; to issue warrants to any constable, police officer or sheriff in the
State, to apprehend and remove such person or persons as cannot be
otherwise subjected to the provisions of this act, or who shall have
violated the same; and whenever it shall be necessary so to do, to issue
their warrant to the sheriff of the city or parish where any vessel may
be, having violated the provisions of this act, commanding him to remove
said vessel at the quarantine ground and arrest the officers thereof, all
which warrants shall be executed by the officer to whom the same shall
be directed, who shall possess the like powers in the execution thereof,
and be entitled to the same compensation as if the same had been duly
Appointment, issued out of any court of the State. The governor shall appoint a
duties and salary police officer to be designated as marshal, who shall be under the control
of said board of health, and reside at the quarantine station on the
Mississippi river, - whose duties and powers shall correspond to those of
a sheriff or constable, so far as regards the execution of warrants and
arrest of persons for violation of said quarantine regulations, and
for said services shall receive the annual allowance of one thousand
dollars.
Quarantine sta ^^^* '^' ^^^^ there shall be a quarantine station at some point on
tion at the Eigo- the Rigolets, and another on the Atchafalaya river, two miles below
lets and on the . -,,11
Atchafalaya. " Pilot's Station," at the north of the Wax bayou. The board of health
is hereby empowered and it shall be their duty to locate them agreeably
to the provisions of this section ; but the provisions of this act shall only
apply to the station at the Rigolets from the day of the issuing of the
proclamation of the governor as provided by section thirteenth, declaring
any port on the lake shore or on the Gulf of Mexico to be an infected
place, and shall remain in full force until suspended by a vote of two-
thirds of the members of the board of health. The provisions of this
act shall apply to and be enforced at the quarantine station on the
Atchafalaya river, from the first of May to the first of November of each
year ; and also when the governor shall have issued his proclamation as
provided by the thirteenth section, and in such a case shall remain in
HEALTH — BOARD OF. — QUARANTINE. 123
full force until suspended by a resolution voted for by two-thirds of the
members of the board of health. There shall be no permanent building
erected at Pilot's Station, on the Atchafalaya river, but the board of
health shall use as an hospital^for the reception of the sick, hulls and
cabins of steamboats ; the board of health shall employ an officer, whose
duty it shall be, and who is hereby empowered, to require from captains
of vessels, steamboats or crafts, having passed the station at the Rigo-
lets, or on the Atchafalaya river, the permit of the resident physician
The board of health shall appoint a resident physician for each of the
two quarantine stations, on the Rigolets and on the Atchafalaya, and
such other persons as may be necessary ; provided their salary shall
run only during such time as they shall thus be employed, and shall in
no case exceed, for the time they shall have been thus employed, the
salary of the same officers at the quarantine station, for the same space
of time, on the Mississippi.
Sec. 8. That the resident physician of the quarantine ground shall Appointment,
receive a salary of five thousand dollars ($5,000), and shall be appointed of ^Se Scfent "
by the governor of the State, by and with the advice and consent of the physician of the
Senate, and removable at pleasure. It shall be his duty to visit every ground,
vessel coming from any port and entering the mouth of the Mississippi
river. He shall require the captain of every vessel thus inspected to
pay the following fees: for every ship, bark, or see going steamer, the
sum of twenty dollars, and fifteen for all other vessels ; provided nothing
contained in this section shall apply to any vessel or craft going from
New Orleans to sea and returning without having touched at any port
or at the quarantine, towboats excepted ; to all vessels not coming from
any infected district, as provided by section thirteen, or not having on
board patients, affected with cholera, yellow fever, pestilential, con-
tagious or infectious diseases, or not in a sanitary condition, a certificate
to that effect shall be given. It shall be his duty to return to the
secretary of the board of health a weekly list of vessels by him inspected,
together with the amount collected for such inspections, which shall form
a fund for the support of the quarantine.
Sec. 9. That the resident physician shall have the power and it Power to detain
shall be his duty to detain at the quarantine ground, with their cargoes, ^^^^^^'i "^"^'^^ s-
crews and passengers, all vessels coming from an infected district, as
provided by section thirteen, or in a foul condition, or having on board
persons affected with cholera, yellow fever, pestilential, contagious or
infectious diseases, during such time as he may deem necessary, not
less than ten days ; to compel the captain to land the sick at the Power to compel
quarantine ground, to fumigate and cleanse all such vessels, and to sfck and fumi-
Bubmit to such rules and regulations as will be hereafter provided by the °^^^ vessels,
board of health, and that all costs incurred for vessels found in a foul Costs for vessels
condition, including the sum of five dollars for the support of each and condition^
every sick person landed at the quarantine station, shall be borne by
the captain and owners, and shall be paid to the resident physician,
before a certificate, as provided by section eight, shall be given.
Sec. 10. That the resident physician shall have such other powers Duties of physl-
as may be delegated to him by the board of health, not contrary to the "*"•
124
HEALTH — BOABD OF. — QUARANTINE.
Appointment,
duties and salary
of the treasurer
for the quaran-
tine ground.
Duties of the
secretary of the
hoard of health.
Proclamation in
certain cases to
be issued by the
governor.
Effects thereof.
Penalty for not
complying with
certain quaran-
tine regulations.
Penalty for not
complying with
the regulations
provisions of this act, and necessary to carry them into effect. It shall
be his duty to remain at the quarantine ground, attend the sick, and
perform all such other duties as may be required of him by the board
of health.
Sec. 11. That the board of health shall appoint a treasurer for the
quarantine ground on the Mississippi river, with a salary of fifteen
hundred dollars ($15,000) per annum, and who shall furnish security
in the sum of ten thousand dollars ($10,000.) It shall be his duty to at-
tend to the finances, collect all sums of money due by vessels in a foul
condition, account and pay over to the secretary of the board of health
all monthly balances in his hands, and shall receive and deliver the freight
of all vessels ordered to be unloaded, and perform such other duties as
the board of health shall require of him.
Sec. 12. That the secretary of the board of health shall deposit in
bank all moneys paid over to him, and shall keep a correct account of
the same. He shall noreover present, at each meeting of the board, a
statement of its affairs, and cause his accounts to be approved by the
auditor of pablic accounts every three months, and shall act as commis-
sary for the purchase of provisions and supplies, and shall deposit in
bank all moneys paid over to him, and shall perform such other duties
as the board of health may assign to him.
Sec. 13. That the Governor of the State, shall issue his proclamation
upon the advice of the board of health, declaring anyplace where there
shall be reason to believe a pestilential, contagious or infectious disease
exists, to be an infected place, stating the number of days a quarantine
is to be performed. It shall be the duty of the resident physician to give
timely notice to the board of health of the necessity of such proclama-
tion. xVfter such proclamation shall have been issued, all vessels
arriving in the port of New Orleans, or at the Rigolets, or at the
Atchafalaya station, from such infected place, shall be subject to
quarantine, and shall, together with their officers, crews, passengers
and cargoes, be subject to all regulations, passed by the board of health,
or provided by this act. Every master of a vessel subject to a quaran-
tine or visitation, arriving in the port of New Orleans, who shall refuse
or neglect eitho.r, first, to proceed with and anchor his vessel at the
place designated for quarantine at the time of his arrival ; second, to
submit his vessel, cargo, and passengers to the examination of the
jjhysician, and to furnish all necessary information to enable that officer
to determine what quarantine shall be fixed for his vessel ; third, to
remain with his vessel at the quarantine ground during the period
assigned for her quarantine, and while there to comply with the direc-
tions and regulations prescribed by this act, or by the board of health,
or with such directions prescribed for his vessel, creAV, cargo and
passengers by the resident physician, shall be guilty of a misdemeanor,
and be punished by a fine not exceeding two thousand dollars ($-2000,)
or by imprisonment not exceeding twelve months, or by both, at the
discretion of the court.
Sec. 14. That every person wdo shall violate the provisions of this
act by refusing or neglecting to obey or comply with any order, prohi-
HEALTH — BOARD OF. — QUARANTINE. 126
bition or regulation made by the board of health, in the exercise of the of the board of
powers herein conferred, shall be guilty of a misdemeanor, punishable ^* '
by fine and imprisonment, at the discretion of the court by which the
offender shall be tried. It shall be the duty of the captain of every Duty of captain ,
towboat towing a vessel subject to quarantine or visitation, to leave
such vessel at the quarantine ground, and to inform the captain of the
penalties attending a non-compliance with the provisions of this act.
Sec. 15. Tliat the captain of any sea-going vessel, steamboat, or Peualty for Tio-
towboat, violating the provisions of this act, or the rules and regula- visions of this
tions established or to be established by the board of health, shall be '^°*-
considered guilty of a misdemeanor, and sentenced to pay a fine not ex-
ceeding five hundred dollars, and imprisonment not exceeeding one
year.
Sec. 16. That the resident physician shall report to the attorney Report to be
general all violations of this act; and it shall be his duty to prosecute |»ade of alf yio-
all person or persons thus offending ; to collect the fines, and remit the act.
amount thereof to the secretary of the board of health, whose duty it sai4 violations!"
shall be to keep a separate book for fines collected, to be approved of
every three months by the attorney general, who shall receive such
compensation as the board may fix for his services.
Sec, 17. That it shall be the duty of the harbor masters in their Duty of harbor
respective districts, to demand of the captain of every vessel arriving masters,
from sea to New Orleans, the permit of the resident physician, and to
report to the secretary of the board of health all vessels having entered
the port without such permit.
Sec. 18. That from the first of May to the first of November, all Tow boats liable
towboat s ply ins:; from the mouth of the river to New Orleans, shall be ^° inspection and
^ *' '^ ' quarantine,
liable to inspection and quarantine, and it shall be the duty of the
different harbor masters to require from the captains of such towboats
the certificate of the resident physician, as provided by section eighth,
which certificate shall not be granted before a detention of at least five
days : provided, nothing herein contained shall be so construed as to
apply to towboats plying between New Orleans and the quarantine
ground, and no further.
Sec. 19. That the captain of any towboat or steamboat, who shall Penalty imposed
receive on board of his boat, freight, goods, or passengers, from a on captains for
vessel liable to inspection or quarantine, or who shall receive goods or
passengers from the quarantine ground, without the permission of the
resident physician, shall be punished by a fine not exceeding two thou-
sand dollars ($2000,) and by imprisonment at the discretion of the
court ; and all violations of the provisions of this act at the quarantine courts which
station on the Mississippi river, and at the Rigolets, shall be tried by shall have juris-
the criminal court of New Orleans, and all violations of this act at the offenses,
station on the Atchafalaya river, shall be tried by the district court of
the parish of St, Mary.
Sec. 20. That the board of health shall cause such extracts of this Extracts of this
act to be made, as they may deem necessary for the information of the ed for theTenefit
masters of vessels arriving in this State, and shall cause a sufficient o^ masters of
T6SS61S*
126
HEALTH — BOARD OF.— QUARANTINE.
Duty of pilots to
deliver printed
copies of ex-
tracts.
Penalty.
Fine for going on
board vessels
performing
quarantine.
Designation of
the limits of the
quarantine sta-
tic a.
Appropriation of
$50,000.
When and how
paid.
Buildings at the
quarantine sta-
tion on the Mis-
sissippi'
Buildings at the
lligolets.
Building at the
Atchafalaya sta-
tion.
Transfer of land
ai the lligolets
and on the At-
chafalaya, how
received.
Election by coun-
cil of New Or-
leans of three
members of the
board of health.
Incorporation of
the board of
health.
number to be printed and delivered to the pilots, to be distributed to the
masters of vessels arriving as before provided.
Sec. 21. That every pilot or any other person acting as such, shall
deliver to the master of every vessel inward bound, one copy of the
principal extract from this act, which shall be furnished him by the
board of health, and any pilot refusing or neglecting so to do, or aiding
in landing any passenger or other person, contrary to this act, shall
forfeit one hundred dollars for every oifense.
Sec. 22. That every person who shall go on board of any vessel
while performing quarantine, without the permission of the resident
physician or his assistants, shall forfeit the sum of fifty dollars.
Sec. 23. That the quarantine stations shall be known by that name,
and their limits shall be designated by boards placed on the boundaries
on which shall be printed in large letters : " These are the limits of the
quarantine station."
Sec. 24. That the sum of fifty thousand dollars ($50,000) be and
is hereby appropriated, out of any moneys in the treasury not otherwise
appropriated, to be paid to the secretary of the board of health, on a
resolution of a majority of the board, payable by instalments; provided
that the second and third instalments shall not be paid until the
accounts of the secretary of the board of health shall have been audi-
ted and approved by the auditor of public accounts, for former
disbursements.
Sec. 25. That the buildings to be erected at the quarantine station,
shall consist of, at the station on the Mississippi river, two separate
buildings, as hospitals for the sick, of a small house as residence for
the officers appointed under this act, and of a well ventilated store for
the reception of the freight of such infected vessel as the resident
physician shall deem necessary to cause to be unloaded. The buildings
at the lligolets shall be constructed of wood and consist of an hospital
for the sick, and of a store for the freight of vessels or steamboats
ordered to be unloaded. At the Atchafalaya station a good shade shall
be provided for the freight of vessels ordered to be unloaded. The
board of health shall receive the transfer of such land as may be neces-
sary at the Rigolets and on the Atchafalaya river, in the same manner
and under the same conditions as are required by section one, and all
plans, specifications and contracts for the above buildings shall be sub-
mitted to and approved by the Governor of the State, provided that the
costs of said buildings shall in no case exceed the amount hereinbefore
appropriated.
Sec. 26. That it shall be the duty of the council of New Orleans,
within ten days after the passage of this act, to elect three members of
the board of health, as provided by section second of this act, and all
acts, resolutions and ordinances passed by them, after the expiration
of the delay herein prescribed and before the election of the members
of the board to be elected by them, shall be null and void. -
Sec. 27. That the board of health and their successors are hereby
created a body corporate, under the name of the board of health of
the State of Louisiana, to sue and to be sued under that title.
HOSPITAliS. 127
Sec. 28. That all laws or parts of laws inconsistent with the pro- Certain laws re-
dphIgcI
Yisions of this, be and the same are hereby repealed.
Sec. 29. That this act shall take effect from and after its passage.— When this act
^ ° takes effect.
Acts of 1855, page 471.
HOSPITALS.
For City Tax, see No. 670.
ACTS OF THE LEGISLATURE.
An Act to provide for the Administration of the Charity Hospital at
New Orleans, and to provide a revenue for its support.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened, That within twenty Eight adminis
days after the meeting of the general assembly each year, the Governor po'Sj," ed ann^uatiy
shall nominate and, with the advice and consent of the Senate, appoint by the governor,
eight administrators of the charity hospital at New Orleans, who, together
with the Governor of the State, shall compose the board of administra-
tors. The Governor shall be in perpetuity president of the board. They ^he governor to
shall at their first meeting elect a vice-president, who shall perform the. ^^ president of
duties of president in his absence. A quorum for the transaction of Vice-president,
business shall be four administrators, who shall have power to elect, in
the absence of the president and vice-president, a president pro tem.
They shall assemble on the first Monday of each month, and oftener if when they shall
the president think fit, or business requires it. ^^^^'
Sec. 2. That they shall have full power and authority to manage and Powers of board,
administer the hospital, to repair and improve its property, of what-
ever nature it may be, to rent and lease the same, and to enter into any
kind of contracts, (sales of real estate excepted,) to accept, in behalf of
the hospital, all donations and legacies, also to sue and implead and to
be impleaded, in all affairs and actions whatever, before any of the
courts of the State.
Sec. 3. That they shall have the power to order, establish, alter and Powers and da-
put into execution all by-laws and ordinances which they think best
suited to the interest and better regulation of the hospital, if such by-
laws and ordinances be not contrary to the laws of this State, to the
constitution of the United States, nor to the police ordinances of the cor-
poration of New Orleans ; and to appoint the several persons they may
judge necessary for the service of the hospital. At each monthly meet-
ing they shall designate two of their own members, whose duty it shall
be, either jointly or separately, to visit the hospital, at least twice in
every week, to inspect the service of the same, and enforce the execution
of the regulations, on all which they shall make their report to the
board.
128
HOSPITALS.
Treasurer, his
bond.
Duties of trea-
surer.
Power in certain
eases to vacate
members.
Power to fill va-
cancies.
Annual report of
the board.
Sec. 4. That they shall appoint a treasurer, to be continued at their
own will, who, before he enters upon the functions of his office, shall
give a bond and security to the satisfaction of the board of adminis-
trators.
Sec. 5, That it shall be the duty of the treasurer to recover all sums
due to the hospital, to keep a correct statement of its property, claims
and revenues, and to make all necessary payments authorized by the
board, and not otherwise, and. finally to return every year to the board a
minute account of his receipts and expenditures, which, after being
carefully examined by a special committee, shall, if found just and
correct, be approved by the board.
Sec. 6. That the board shall have power to declare the seat of any
seat" oiT absent Diember vacant who shall absent himself from three successive monthly
meetings, without leave, and to fill all vacancies that may occur in the
board.
Sec, 7. That the administrators shall, within the first ten days after
the annual meeting of the general assembly, make a report to each
branch thereof, which report , shall contain a faithful account of the
receipts and disbursements of the institution, and a faithful statement
of all property, both treal and personal, owned and claimed by the
charity hospital.
Register to be Sec. 8. That a register containing the family and christian names
ep y e c er ^^ ^^^^ ^^^ every patient who shall have been admitted into the
hospital, also his last place of residence, if known, the disorder with
which he may have been afilic ted, the time of his death or discharge,
and whether cured or not, shall be kept by the clerk of the establishment.
Tableau to be an- under the Superintendence of the administrators; audit shall be their
annual report, ^^^y -^ annex to their annual report to the general assembly a tableau
extracted from this register, exhibiting the nature of the diseases
attended to in the hospital during the proceeding year, the number of
patients admitted, the number of persons dead, cured, or gone out of the
hospital for any other cause; the number of those born in the same
country, and the number remaining at the end of the year.
Money coming to Sec. 9. That all money coming to the hospital shall be exclusively
appropTiat^ed. °^ appropriated to the use of the patients, but the administrators may
from time to time make such changes in or additions to the hospital as
they may deem expedient, whenever the revenues may permit the same
to be done.
Sec. 10. That for every public ball or concert, the sum of ten
dollars shall be paid to the treasurer of the hospital, and annu-
ally for each theatre, five hundred dollars ; for each circus, one
hundred and fifty dollars ; for every manegerie, fifty dollars, and every
show, twenty-five dollars ; and it shall be the duty of the mayor of the
city of New Orleans, in authorizing any of these exhibitions, previously
to require the receipt of the treasurer of the hospital, for the payment
of said sums respectively, and in case he should issue any license without
such receipt, the city of New Orleans shall be liable therefor.
■Rep't to be made Sec. 11. That within twenty-four hours after the arrival of any
of Tcs^lB.*° *" vessel at its place of destination from any foreign port, the commanding
Certain exhibi-
tions taxed for
the benefit of
the hospital.
HOSPITALS. 129
oflBcer, or any other officer of such vessel, shall make under oath a -writ-
ten report to any resident hospital commissioner, which shall state the
name of such vessel, its owners, officers and consignees, the place where
its voyage began, and the name, nation or birthplace, race or color, age,
occupation, place of first embarkation, and place and time of debarkation
in this State, of every person or passenger, not of the crew proper, and
not a citizen of the United States, who shall have landed from such vessel
within this State. He shall report in like manner whether or not any
officer of such vessel has collected from any person or passenger, not a
citizen of the United States, any commutation money, as hereinafter
allowed to be paid ; and if so, from and by whom and to what amount.
Sec. 12. That every person not a citizen of the United States, and Bond to be giren
above the age of ten years, arriving and landing at any place within g^ns?^'^ *'" ^^^
the limits of the State of Louisiana, from any foreign port, shall in like
manner report himself to any resident hospital commissioner, and when
they are above the age of majority, or by their parents or guardians
when under the age of majority, shall give bond in the sum of one
thousand dollars, with one or more joint and several solvent sureties,
resident in the parish where such person may have landed, conditioned
that the principal in such bond shall not, at any time within five years
from the date thereof, become, from any cause, chargeable in any
manner to the State, to its citizens, or to any charitable institution
within its limits, unless such institution be voluntarily supported by
foreigners or citizens of foreign birth. And every person who shall Penalty for not
refuse or wilfully neglect, for twenty-four hours after his arrival and ^^^ °^ ®"^ °**'
landing, to make report and give bond as by this section required, shall
incur a penalty of fifty dollars. Persons arriving and landing in the
parishes of Plaquemines, St. Bernard, Orleans or Jefferson shall report
themselves in New Orleans, and furnish bond with surety resident in
the city of New Orleans.
Sec. 13. That it shall be lawful for any person referred to in the Commutation for
foregoing section, who may be unable or unwilling to furnish bond as ^^^'^ ^^^'
required, to commute therefor by paying within twenty-four hours after
his arrival the sum of two dollars and fifty cents.
Sec. 14. That the commutation payments allowed by the foregoing Said commuta-
. section may be lawfully made to any hospital commissioner, or to the ^hom*made.*^ ^
clerk or commanding officer of the vessel on which the person making
such payment arrives. And every such commanding or other officer
shall on the arrival of their vessel, or on his own arrival, forthwith pay
over to any hospital commissioner the sums so received or collected, less
a commission of five per cent., which he shall be entitled to retain for
his trouble.
Sec. 15. That all bonds taken or reports received by any commissioner, Effect of bonds
as aforesaid, shall have the force and authenticity of notarial acts, as
against the signers thereof; and every person not a citizen of the United
States, claiming to be exempt from making report or giving bond, shall
be held to prove his exemption.
Sec. 16. That it shall b^ the duty of the board of administrators to Hospital commls.
appoint one or more commissioners, removable at will, to be styled "^'^®''^'
17
130 HOSPITALS.
pointment,duties hospital commissioners, who shall have power, in the name and for the
an powers. ^^^ ^^ ^^^ hospital, to sue for and recover, collect, receive and receipt
for, all commutation money, bonds, fines, forfeitures and penalties ; the
commissioners shall each furnish bond satisfactorily to the president and
administrators at the hospital, for the faithful performance of their
duties. They may also, with the consent and approbation of the presi-
dent and administrators, appoint deputies, for whose acts they shall be
responsible, who shall be vested with the same powers and duties as
themselves. The commissioners and deputies shall perform such other
duties as may be imposed on them by the board ; they are also vested
with the power of boarding all vessels and examining their log books
and other documents, and with all other, powers reasonable and neces-
sary for properly enforcing the same in all its parts, they being
responsible for the abuse of their powers ; they also shall have authority
to compound for penalties, fines and forfeitures incurred so long as
judgment has not been rendered for the same, subject always to the
control of the board.
Bonds, fines and Sec. 17. That all bonds, fines, forfeitures and penalties shall be paid
p^ai" tcThaspitait ^^ ^^^ belong to the charity hospital, and shall be applied to the medical
and how applied, and surgical relief of the sick and destitute.
Penalties for cer- Sec. 18. That any person opposing or obstructing in any manner
the commissioners or their deputies in the exercise or performance of their
official duties, shall incur a penalty of not less than twenty-five dollars nor
more than three hundred dollars. Any person collecting commutation
or other money on behalf of the charity hospital, or belonging to it,
and concealing the fact, or not paying the same over to the proper
commissioner or agent, on demand, shall incur a penalty of not less
than one hundred nor more than one thousand dollars. Any commanding
or other officer of any vessel refusing and unreasonably neglecting to
report, shall incur a penalty of not less than fifty nor more than five
hundred dollars.
Certain laws re- Sec. 19. That all laws contrary to the provisions of this act, and all
laws upon the same subject-matter, except what is contained in the Civil
Code and Code of Practice, be repealed. — Acts of 1855, p. 203.
DECISIONS OF SUPKEME COURT.
The statute of March 12, 1838, sec. 4, making it the duty of the mayor
of New Orleans, before authorizing exhibitions in any theatre, to require
from the manager the production annually of a receipt from the treasurer
of the charity hospital, showing the payment by the manager of the sum
of five hundred dollars for the use of the hospital, is not unconstitutional.
The exaction of a price for the license so granted is not, in its proper
legal sense, a tax. 2 Ann. 550, 5 Ann. 380.
The council may grant permission to one or more individuals to erect
a hospital within the city. 9 R. R. 411.
The common council may abate private hospitals when they become
nuisances, 6 N. S. 4.09,
HOTELS, BOARDING HOUSES, ETC. 18 1
The tax created by the statute of March 27, 1843, providing a fund for
the support of the charity hospital of New Orleans, being imposed exclu-
sively on the passengers and not on the officers and crew of a vessel,
cannot be regarded as a regulation of commerce and is therefore not a
violation of the United States constitution (Art. 1, sec. 8,) nor are its
provisions inconsistent with any act of Congress regulating commerce or
prohibited by the act of Congress of April 8, 1812, that act having no
further application since the admission of Louisiana into the Union. 7 K.
R. 210.
HOTELS, BOARDING HOUSES, ETC.
For city tax, see Nos. 654, 684, 721.
Betaining free persons of colour, see No. 771.
ACTS OF THE LEGISLATURE.
Sec. 62. That all keepers of hotels, taverns, boarding houses, and Account to be
all other house keepers, upon their being requested by the assessors of keepers^o^ hotels
the district in which said hotel, tavern, boarding house or other house, etc.
may be situated, shall give auch assessors a true account of all persons
boarding or lodging or being tenants or resident in such house, and
their several names, if known to the end that any such person pliable to
taxation may be assessed according to this act ; and if any person of '
whom such information is demanded shall refuse to give the same, or
shall wilfully give an erroneous account, such person shall forfeit and Penalty for not
pay one hundred dollars to the city of New Orleans, which said city may account.'^^
sue for and recover the same, in any court having jurisdiction thereof. —
Acts of 1856, p. 151.
HOUSES OF REFUGE.
No. 365. (1.) Hereafter, in the montli of May, in each Council to elect
,, ^^ ^^^ ^ i. .. c commispioncrs.
year, the council will elect thirteen citizens to serve tor one
year, or until their successors shall be elected, who, with the
mayor, shall constitute a board of commissioners for the manage-
ment of said house of refuge.
No. 366. (2.) The commissioners, of whom five shall form President,
a quorum, shall at their first meeting after their election, elect
from their own members a president, prescribe his duties and
adopt rules and regulations for their own government.
132
HOUSES OF REFUGE.
Power and duty No. 367. (3.) The board of commissioners shall have the
ofcommissioners. ^ • i i
management of said house of refuge^ prescribe the kind and
amount of labor to be performed by the inmates — make rules
and regulations for their instruction^ improvement and govern-
ment, and do and perform all other acts they may deem neces-
sary and proper for their improvement, or to carry into
complete effect the objects contemplated by the laws of the
State, relative to houses of refuge for juvenile delinquents and
juvenile vagrants. Provided, however, that they shall not make
any agreement or contract for the payment of money, except
for the ordinary supplies and expenses of said house of refuge,
or for materials, or mechanical or agricultural tools, for manu-
facturing or agricultural purposes in said institution.
No. 368. (4.) The said commissioners shall report quarterly
to the council the condition of said house of refuge, accompanied
by such information and suggestions in relation to the same, as
may be deemed expedient.
No. 369. (5.) The standing committees on the house of
refuge, of either board of the common council, shall have
authority, at all times, to inspect the minutes of the proceedings
of the board of commissioners and all records of the institution ;
and it shall be the duty of said committees to visit the said
house of refuge at least once in every month.
No. 370. (6.) The commissioners of the house of refuge
be, and they are hereby authorized to appoint such number and
grade of officers or servants for the institution, as they may deem
necessary and advantageous, and determine their compensation,
provided the annual salaries and wages shall not exceed the sum
of five thousand and five hundred dollars.
No. 371. (7.) Immediately after the adoption of this ordi-
nance, the council shall elect thirteen citizens as commissioners,
as aforesaid, to serve until the next annual election.
Eepeaiing clause. No. 372. (8.) Ml Ordinances of the late Municipalities Nos.
1, 2 and 3, and of the late city of Lafayette, inconsistent with
this ordinance be, and the same are hereby repealed.
City Ordirance, No. 1015.
To report.
Standing com
mittees.
Officers and ser-
vants.
Failure to attend
meetings.
No. 373. When any member of the board of commissioners
of the house of refuge shall fail to attend all the meetings thereof,
during a period of two calendar months, without leave from the
board, he shall, ipso facto cease to be a member of said board.
City Ordinance, No. 2123.
HOUSES OP REPUaE. 138
No. 374. That the ordinances or resolutions of the common Secretary of
board.
council, or of the late Municipality No. 2, constituting the clerk
of the recorder of said [Municipality, or of the recorder of the
first district, secretary of the board of commissioners of the
house of refuge, and providing for his compensation be, and the
same are hereby repealed, and that the board of commissionei*s
have power to elect their secretary.
City Ordinance, No. 1261.
No. 375. From and after the passage of this ordinance the The house of
rcfuGTo
house of refuge situated in the first district of this city, and
known as the house of refuge of Municipality No. 2, shall be
known and recognized as the house of refuge of the city of
New Orleans.
All juvenile delinquents and offenders, committed by the
recorder or other magistrates or courts of the city to the house
of refuge, shall be sent to it.
City Ordinance, No. 3S.
No. 376. That the city attorney be, and he is hereby. Legal proceed-
instructed, to attend to all cases of habeas corpus, or other legal °^^*
proceedings, relating to the house of refuge.
City Ordinance, No. 229.
No. 377. That the proposition of James Saul, to transfer to Giris of House of
the city the title acquired by him, under the adjudication at ^®^"s®*
public sale on the 19th March last, by Beard and May, auctioneers,
of the property known as the ^^ Fulton School House, '^ to be
used as a house of refuge for girls, be accepted ; and the mayor
is hereby authorized to accept and sign an act of retrocession of
the same, etc., etc.
City Ordinance, No. 1340.
No. 378. In order to enable the inmates of the house of Appropriation
refuge to celebrate the following public holidays, viz : the anni- ^°^ ° ^ ^^^'
versary of American Independence, Washington's birth day, and
thanksgiving day, that the sum of fifty cents for each boy and
each girl in the houses of refuge, for the time being, be and is
hereby appropriated for each of said holidays, for each year,
payable on the warrants of the .comptroller, in favor of the pres-
ident of the board of commissioners of the house of refuge, and
which the comptroller is hereby authorized to issue one week
previous to the date of said holidays, respectively.
CHty Ordinance, No. 1576.
Punishment of Minors, see No. 648.
13-4 INSANE PERSONB-
ACTS OF THE LEGISLATURE.
Application of Sec. 5, That all inmates at present in any of the houses of refuge in
thi^sSr'^^°°^ °^ *^® ci*y °^ ^®^ Orleans shall be kept, detained and governed during the
periods respectively specified, and dealt with in all respects according to
the provisions of this act. — Acts of 1850, p. 96.
Juvenile va- Sec. 122. That if any child shall be found begging for alms or
?r*^ed. °^ soliciting charity from door to door, or in any* street, highway or public
place, such child shall be deemed a vagrant, and any justice o^ the peace
of the parish, or any one of the recorders or aldermen of the city of
New Orleans, shall commit him to such place of refuge as may be pro-
vided by the parochial authorities, and if in the city of New Orleans, to
the house of refuge of the city, and the child shall be there detained,
kept, employed and instructed in such useful labor as he shall be able to
perform, until discharged therefrom under the rules of the places of
refuge, or bound out as an apprentice by the administrators of such
places of refuge, or by the parochial authorities. — Acts of 1855, p. 150.
Persons under Sec. 31. That the judges of the several courts of the city of New
capital, may°be Orleans, exercising criminal jurisdiction, are herby authorized and
housT^^f ^V^® empowered to sentence all persons under the age of fifteen years, con-
instead of peni- victed of any crime not capital, to the house of refuge, instead of the
en lary. penitentiary or parish prison. — Acts of 1855, p. 155.
INSANE PERSONS — ASYLUM FOR, ETC.
Asylum building No. 379. That the buildings on Levee street, third district,
known as the third Municipality work house, be, and they are
hereby, appropriated for a temporary asylum for the indigent
insane ; and it shall be the duty of the recorders of the various
districts of the city to commit such persons to said asylum until
provision can be made for their admission into the State asylum
at Jackson.
Officers. No. 380. There shall be appointed by the mayor one super-
intendent, at a salary of sixty dollars per month ; one male
assistant at a salary of forty-five dollars per month ; and two
female assistants, at salaries of fifteen dollats per month, each j
all of whom shall board in the institution and be in attendance
day and night.
Duty of superin- No. 381. It shall be the duty of the superintendent to attend
tendent. ^^ ^j^^ proper carc and security of the persons therein confined,
and under the direction of the police committees of the council,
to purchase the necessary provisions, clothing, etc., for the inmates
INSANE PERSONS — ASYLUM FOR, ETC. 135
and make monthly returns to the council^ and keep the necessary
books to show the transactions of the institution.
No. 382. All ordinances or parts of ordinances contrary to Repealing clause,
the same be, and they are hereby repealed.
City Ordinance, No. 1794. Approved Oct. 21, 1854.
No. 383. That ordinance No. 1794, relative to the removal Location.
of the indigent insane asylum from its present location to the
late third Municipality work house, be so amended as to designate
the property belonging to the city, and situated in the square
bounded by Groodchildren, Clouet, Louisa and Morales street.
City Ordinance, No. 1817.
No. 384. The superintendent of the temporary insane asylum, charge for slaves,
third district, shall charge and collect of the owner or owners of
every insane slave received by him in said asylum the sum of
fifty cents per day, in full compensation for care and support of
said slave during the time he or she remains in said asylum, the
money collected to be deposited weekly into the city treasury for
the benefit of said city.
City Ordinance, No. 1908.
No. 385. From amd after the passage of this ordinance it charge for white
shall be the duty of the keeper of the insane asylum to charge p**'^°^^-
and collect one dollar per day for the keeping of each white
patient, upon the certificate of the mayor of the city or either of
the recorders of the several districts that said patient or person
entering the same are able to pay said amount, said money so
received to be handed over to the city treasurer for the benefit of
said institution.
City Ordinance, No. 2323.
No. 386. From and after the adoption of this resolution, it Duty of city at-
shall be the duty of the attorney of the corporation to take the ^'^^^'
requisite legal steps for the admission of indigent insane persons
into the State asylum at Jackson, whenever the mayor of the
city shall furnish the attorney with the names of such persons as
he may deem fit subjects for removal thither.
City Ordinance, No. 342.
No. 387. It shall be the duty of the physician of the police Duty of city pby-
jail to visit the insane confined therein at least once a day, and
when any of their number shall have sufficiently recovered, that
he be authorized to issue an order for the discharge of such
person.
City Ordin»ace, No. 1368. '
136 INSANE PERSONS — ASYLUM FOR, ETC.
Notice to sheriff. No. 388. That tliG keeper of the insane asylum be required
to notify the sheriff of the parish of Orleans of the number of
persons confined in said institution which are to be transferred to
the insane asylum at Jackson^ La., whenever they have remained
over the time prescribed by law, and so directed by the city
physician.
City Ordinance, No. 3224.
ACTS OF THE LEGISLATURE.
Lunatics, how ad- Sec. 9.' That whenever it shall be made known to the judge of the
Snm.**^ ^^^^^ district, by the petition and oath of any individual, that any lunatic or
insane person within his district ought to be sent to or confined in the
Duty of the dis- insane asylum of this State, it shall be the duty of the said district judge
tnctju ges. ^^ issue a warrant to bring before him, in chambers, said lunatic or insane
person, and after proper inquiry into all the facts and circumstances of
the case, if in his opinion he ought to be sent to or confined in said insane
Duty of the asylum, he shall make out his warrant to the sheriff of the parish, com-
shenffs. manding him to convey the lunatic or insane person to the insane asylum
Compensation to for which duty the sheriff shall have the right to demand the same fees
^ ®" "' as are now allowed by law for the conveyance of convicts to the peniten-
tiary of the State, which shall be paid out of the parish treasury, upon
the order of the district judge, and likewise all other expenses previously
incurred in bringing said insane person before the distirct judge.
Powers of the Sec. 10. That the board of administrators shall have authority to
lunatics^ irf ^ cer^- receive insane persons, not sent to the asylum by a district judge, on such
tain cases. terms and conditions as they may deem fit to adopt ; and money so
received shall be applied to the support of the institution.
Monthly a- Sec. 11. That all persons received in the asylum as insane, shall be
by the'lunati^R. charged at a rate not less than ten dollars a month, unless the police jury
Persons in indi- Qf ^^g parish from whence the insane person came, a municipal council,
gent circum- ^ i. ^ r ■•
stances excepted, if from a city or town, or clerk of the court, shall certify that said person
is in indigent circumstances.
Duties of clerks? Sec. 12. That whenever application is made to the clerk for a certifi-
relatfye^^to^The cate as above stated, it shall be his duty to examine, under oath, such
admissioD of lu- witnesses as may be brought before him, and to give or refuse said cer-
natics in the asy- ^ o 7 o
lum. tificate, as the case may in justice require; and the said clerk is
empowered, whenever he shall deem the same necessary, to summon before
him, as in ordinary cases any witnesses necessary, and said certifi-
cate so given shall entitle the person therein named to admission into the
lunatic asylum without charge. — Acts of 1855, p. 454.
See act 1855, page 453.
INSURANCE— INSURANCE COMPANIES. • 137
INSPECTIONS AND INSPECTORS.
1.— INSPECTION OF BEEF AND PORK,— See ^^ Beep
AND Pork/^ page 20.
2.— INSPECTION OF FLOUR.— See ^'Vlovr/' page 111.
3.— INSPECTION OF TOBACCO — See ^'Tobacco."
4.— INSPECTIONS OF WEIGHTS AND MEASURES.—
See ^^ Weights and Measures.'^
5.— INSPECTIONS GENERALLY.
^ ACTS OF THE LEGISLATURE,
An Act relative to Inspections generally.
Section 1. Be it enacted by the Senate and House of Representatives
of the State of Louisiana in General Assembly convened^ That it shall inspection "to be
be lawful for any ownier, agent, consignee, or receiver of produce, to ■'^''i"'i'''^'^y-
sell or ship the same, with or without inspection : provided, however, Proviso,
that the said owner, agent, consignee, or receiver, shall be bound to have
any produce ofiFered for sale inspected, when inspection shall be deman-
ded by the purchaser. Said inspection, when required, shall be made
by the inspector commissioned under the authority of the State.
Sec. 2. That all laws contrary to the provisions of this act, and all Certaia laws re-
laws on the same subject-matter, except what is contained in the Civil P^*^^<1-
Code and Code of Practice be repealed. — Acts of 1855, p. 329.
INSURANCE— INSURANCE COMPANIES.
No. S89. From and after the passage of this resolution^ no city not to in-
officer of this city shall be authorized to effect an insurance upon ^""*
the property of the city.
City Ordinance No. 587.
For City Tax on Insurance Companies, gee No. 6i6.
See " Corporation," page 78 and page 79.
See Firo Department No. 314.
18
18S JURY — JURORS.
JURY— JURORS.
ACTS OF THE LEGISLATURE.
An Act relative to Juries.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened. That the qualifi-
Qualifications of cation of a juror to serve in any of the courts of this State shall be the
^'"'^^- following : First. To be a duly qualified voter of the State of Louisiana.
Sec. 2. That the following persons shall be exempt from serving as
jurors :
First. The members of the legislature, together with their olBcers
and clerks, during the time of the sessions.
Second. The Governor, the secretary of State, and all the public
otKcers commissioned under the authority of the United States.
Third, The mayors and recorders of incorporated cities.
Fourth. The judges, officers of the several courts of this State,
attorneys and counsellors at law, notaries, ministers of the gospel, and
treasurers of incorporated institutions. t
Fifth. The clerks of incorporated banks and institutions.
Sixth. All persons more than sixty years old, or those tliat may be
intirm or valetudinary.
Seventh. Physicians and apothecaries.
Eight. The inspectors of beef and pork, flour, tobacco, and other
merchandise in the city of New Orleans.
Ninth. All school teachers while acting in that capacity.
TcTith. vVll persons who now or hereafter may be enrolled active
members in any one or more of the present or future incorporated fire
companies.
Eleventh. All persons attached to the. police department of New
Orleans, as likewise the treasurer and comptroller, and all clerks em-
ployed in the different offices of the corporation, and those who are
ciiarged with the superintendence of the slaves and convicts sentenced
to liard labor, th# keeper of the city prison, the workmen employed at
llie city works, and the city commissaries.
Twelfth. All auctioneers in and for the parish and city of New
Orleans.
Thirteen. The members of the police jury of the parishes of Plaque-
mines, St. Bernard, and that portion of the parish of Orleans on the
right bank of the Mississippi river, during the term for which they
were elected.
Fourteenth. The clerks, workmen, and employees of the branch
mint of the United States at New Orleans.
Fifteenth. In the parish of Jefferson, the voters residing in that part
of the parish lying on the sea shore, and known as Grand Isle, Grand
Terre, and the Cheniere Caminada. — Acts of 1855, p. 297.
For .luries generally, see act 1855, p. 297, and act 1855, p. 343.
For exemption of Firemen, see Fire Department, p. 106. (Act 185G,
page 108.)
KEEPER OF COURT HOUSES. 139
JUSTICES OF THE PEACE.— For their criminal juris- ^
diction sec ^^Recorijers."
KEEPER OF COURT HOUSES.
No. 890. There shall be elected auimally by the common Council to elect
council of the city of New Orleans, on the third Monday of *°^
May, a keeper [of the court house, whose duties will bo as
follows :
No. 391. (1.) He shall, every morning, at an early hour, His duties,
open all the doors and windows of the court house, cause to be
swept and dusted the different courts and offices, place the seats
in order, and during the winter, light fires, whenever they shall
be necessary, and supply the courts with good water.
No. 392. (2.) He shall take care that the carpets, tables, m? duties,
seats and other furniture, as also the ceilings and the window /
glasses, be constantly kept in the highest state of cleanliness,
and shall cause to be swept and washed every day the yard and
the lobbies.
No. 393. (3.) Every day, as soon as the courts sliall have His duties.
adjourned, he shall cause to be shut all doors and windows, and
put out all fires and lights, and shall take care that no person
shall enter the courts after adjournment, or pass the night
therein. It is well understood that the provisions of this article
shall not apply to the officers of the different courts.
No. 394. (4.) He shall be responsible for all damage and His lesponsi-
injury arising from the carelessness or improper conduct of his '^^'
servants or assistants.
No. 395. (5.) The said keeper shall reside in said court shaii reside in
house, and shall sleep there. He shall not absent himself during '^^^^^ ""^^*
the day unless he leaves some person in his place, for whose
acts and doings said keeper and his sureties shall be responsible ;
and bald keeper shall not absent himself therefrom during the
night.
No. 396. (6.) Said keeper shall receive, inclusive of all nis cx)mpensa-
espenses for lights, wood, pitchers, tumblers, etc., brooms,
brushes, buckets and all other expenses for keeping the said
courts in order, a compensation of two thousand dollars per
annuni, ayable monthly, on the warrant of the comptroller.
140 LAMPS, GAS LIGHTS, ETC.
iiistond. No. 397. (7.) He shall furnisli bond in the sum of five
thousand dollars, with good and sufficient security, to the satis-
faction of the common council, for the faithful performance of
his duties.
Additional seen- No. 398. (8.) The council reserves to itself the right to
require new or additional security whenever they may deem
that given insufficient.
Kepeaiing clause. No. 899. (9.) All ordinances or parts of ordinances con-
trary to the foregoing ordinance, be and the same are hereby
repealed.
City Ordinance, No. 458. Approved Nov. 27, 1852.
Additional duties No. 400. That the duties imposed on the keeper of the
court house, as set forth in ordinance No. 458, approved
27th November 1852, be so construed as to apply to all the
courts and court houses of the city at present existing, or that
may hereafter be established.
City Ordinance, No. 2147. [Approved May 5, 1855.
Cias Lamps.
LAMPS, GAS LIGHTS, ETC.
No. 401. That the mayor be, and he is hereby, authorized to
enter into contract with the New Orleans Gas company for the
lighting with gas of all the streets, levees, public squares and
public buildings of the city which are now or may be hereafter
lighted with gas, for the term of five years, commencing on the
first day of April, 1855, under the following conditions :
(1.) Street Lamps. — The street lamps to be lighted every night
from one half hour after sunset until one half hour before sunrise,
except when the moon is fifteen minutes or more above the
horizon, at thirty-two and a half dollars per lamp per annum,
including the cost of gas, lighting, extinguishing, and cleaning
the sanie, together with the cost of the posts and lanterns and
their repairs.
(2.) Levee Lamps. — The levee lamps to be lighted in the same
manner and during the same time as the street lamp, at the rate
of forty-eight dollars per lamp per annum, inclusive, including (as
above stated for the street lanlps) the cost of gas, etc., but the
mains, posts, etc., and their repairs, shall be at the expense of
the city.
LAMPS, GAS LiaHTS, ETC. 14l
(3.) Market and Public Square Lamps. — These lamps to be
lighted from one half hour after sunset until one half hour after
sunrise, at the rate of seventy-five dollars per lamp per annum,
including (as above stated for the street lamps) the cost of gas,'
etc., but the city to be chargeable for the first cost of the fixtures
and their repairs, the burners excepted.
Amended so as to read "before" sunrise, by Ordinance No. 2137.
(4.) Public Buildings. — All the gas which shall be consumed
within the public buildings shall be charged for by the metre
measurement, and together with the fixtures and their repairs,
at the same rates which may be charged to private consumers at
the time being.
(5.) Oil Lamps. — All lamp posts and lanterns ^which the city
may order the company to place, shall be put up for the sum of
thirty dollars each.
All lamps charged for by the lamp to be fitted with steel
^' bat's-wing'^ burners, consuming not less than four cubic feet
per hour each, and shall be kept at all times clean and in good
order by said company.
A deduction of one dollar shall be made for each lamp reported
as ^^out'^ or ''not burning,'^ within the time as specified, by any
police or other city ofiicer, unavoidable accidents only excepted.
It shall be further agreed that the city council shall have the
right, if they judge proper, at any time, to require all the street
and levee lamps, or any designated portion of them, to be lighted
during the same time as specified for market and public square
lamps, by giving or causing to be given written notice at or
before 4 o'clock, P. M., at the ofiice of said company, when
cloudy weather exists or may be anticipated, and the price for
such extra lighting shall be charged for at the rate of one cent
per hour for each hour for each lamp so lighted, over an(^bove
the times above specified. Payments in cash to be made monthly
on the certificate of the street commissioner, or such other officer
of the city as the council may designate to superintend said
lighting.
City Ordinance, No. 2083. Approved Marth 30, 1855.
No. 402. That the comptroller adjudicate after five days Oii lamps,
advertisement, the contract for lighting the oil lamps of the city,
according to the specifications on file, subject to the approval of
the committees on finance and streets and landings of the com-
mon council.
Citj Ordinance, No. 2924.
142 LEWD WOMEN.
LEWD WOMEN.
cSurbanc^etS ^^' ^^^' ^^^ woman or girl notoriously abandoned to lewd-
ness, who shall occasion scandal or disturb the tranquility of the
neighborhood, shall be condemned by the mayor, or any other
justice of the peace, to a fine of twenty-five dollars for every
such oiFense, and in case of her not being able to pay the said
fine, she shall suffer imprisonment for one month, according to
law. And each and every person who shall have rented or have
^ lodged or harbored, either within the city, or suburbs, any woman
or girl. notoriously abandoned to lewdness, and who shall occasion
scandal or disturb the peace or tranquility of the neighborhood,
shall pay the sum of fifteen dollars for each twenty-four hours,
he or she shall continue to furnish lodgings to any woman or girl
of that description, after due notice is given of the same, by the
mayor, that he or she shall cease to rent, to, or lodge any of the
above described persons.
City Ordinance of May 20, 1817. (Art. 3.)
Women fre- No. 404. (1.) Froui and after the promuleration of this ordi-
quenting coffee . j. o
houses, etc. nance, it shall not be lawful for any lewd woman in this
Municipality to frequent cabarets or cofi*ee houses, nor to drink
therein, under the penalty of a fine, which shall not be less than
five nor more than twenty-five dollars, recoverable before the
recorder of this Municipality, or any other competent tribunal,
provided that any such woman who would be unable to pay the
said fine, shall in lieu thereof suff'er an imprisonment, the term
of which shall not exceed one month in the workhouse of this
3Iunicipality.
Duty of poHce. No. 405. (2.) It shall be the duty of the commissaries of
police, as also of the officers and members of the day and night
police, to apprehend all or any lewd woman acting in contravention
of the foregoing resolution, and to bring her before the recorder
of this jMunicipality.
Ordinacce, Feb. 17, 1845, of first Municipality.
LICENSES.— See " Revenue " No. 645, et seq
MCDONOUGH ESTATE. 143
McDONOUaH ESTATE.
An Ordinance defining the powers and rights of the commissioners
appointed by the city of New Orleans, acting in conjunction with the
agents appointed by the city of Baltimore, to administer the property
composing the succession of the late John McDonough, and fixing the
compensation to be allowed to them for their services.
No. 406. (1.) That the commissioners appointed by the powers of com-
city of New (3rleans to take possession of, and administer, the
property composing the succession of the late John McDonough,
in conjunction with the agents of the city of Baltimore, be, and
they are hereby, invested with all such powers as are necessary
to the due and proper management and administration of the
said property, as the same are more particularly detailed and
set forth in that clause of the last will and testament of the said
John McDonough, in which he provides for the mode of appoint-
ment and administration of the said commissioners.
No. 407. (2.) That all suits, actions, or other proceedings suits, how con-
which shall or may be instituted by or against the city of New "" ^ ' * *^'
Orleans, touching or growing out of the title and interest of
the said city of New Orleans in the property, or of any part or
portion thereof, bequeathed to the said city by the said John
McDonough, shall be conducted and prosecuted by the said .
commissioners in the name and in the behalf of the said city
of New Orleans, and to that end the said commissioners shall
have the right to sue for and demand from the proper tribunals,
both of original and appellate jurisdiction, in the name of the
said city of New Orleans, and such suits, orders, or other
process, as they may deem necessary to the due protection of
the said city in the said property, and for that purpose to
employ an attorney or attorneys at law to appear in the prosecu-
tion and in the defence of said suits, and from all judgments
and degrees rendered in the premises, whether interlocutory or
final, and take all such writs of error or appeals, suspensive or
devolutive, as may be allowed by law, and in the name and in
the behalf of the said city of New Orleans, to execute and
deliver all such judical bonds and obligations as may be required
by the property prosecution or defence of said actions.
No. 408. (3.) A salary at the rate of fifteen hundred compensation of
dollars per annum shall be paid to each of the said commis- ^°™™'"^ "
sioners, dating from the time of his appointment, and the same
to be paid out of the proceeds of said estate.
City Ordinance, No. 2134. Approyed May 4, 18&5.
144 MCDONOUGH ESTATE.
Whereas the city of New Orleans has, by the charitable
bequest of the late John McDonough, and the decisions of the
highest judicial tribunals, and a recent act of the State Legis-
lature, become a co - proprietor of the large estates of said
McDonough ; and whereas, the city of New Orleans has a full
and complete ownership of her undivided share of said property,
subject to certain legacies and bequests ; therefore.
Be it resolved by the common council of the city of New
Orleans :
Estate, how to 1)6 No. 409. (1.) That the said estate should be inviolably
dcTOted. ^
devoted to the charities designated by the testator, so far as is
conducive to the public weal, and in accordance with existing laws.
Disposition of No. 410. (2.) That it is not for the public weal, or for the
good of the estate, or the purposes to which it is devoted, to
hold it in perpetual ownership, creating a vast system of sub-
leasing of so much as is desirable, and holding in wasteful
neglect so much as is not of ready sale ; but that it is for the
interest of the city of New Orleans to encourage sales to actual
settlers and fee simple owners, who as such, will enhance the
value of the property, and yield the city a far greater source
of wealth from the estate, than as lessors or tenants.
No. 411. (3.) That all experience shows that corporate
• bodies are wasteful and inefficient landlords and lessors of pro-
perty, and that the estate of said John McDonough must
inevitably be greatly consumed by the expenses of its
management so long as it is out of the control of individual
proprietors directly interested in the profits and revenues it
may yield.
Partition of the No. 412. (4.) That in order to obviate all abuses and
waste, and more immediately to enter upon the sacred purposes
of the bequest, the said estate, real and personal, should at the
earliest moment, and as fast as practicable, be fairly divided
between the city of Baltimore and the city of New Orleans.
Sale of property. No. 413. (5.) That after discharging all claims for legacies
and effecting a partition of the whole or part of said estate, the
share falling to the city of New Orleans should be at once
put in process of sale at public auction, and to the highest
bidder.
Proceeds. No. 414. (6.) That the proceeds of such property, as fast
aa it matured, should be invested in the bonds of the city of
New Orleans, and the interest devoted sacredly to the charitable
uses before mentioned.
Mcdonough estate. 145
Xo. 415. (7.) That all the slaves belonging to the sue- si«t««.
cession should be placed in the hands of the American
(Colonization Society, to be by them carried to the colony of
Liberia.
No. 416. (8.) That a copy of these resolutions (which arc ^-'opieg, etc.
declaratory of the views of the common council as to the best
disposition of this estate) be transmitted by the mayor to the
honorable mayor and council of the city of Baltimore, requesting
their assent to the partition of this now unprofitable and
unwieldy estate.
No. 417. (9. ) That the a^'ents and commissioners of the Commissioners
^ ^ ^ , to report etc.
McDonough estate be also served with a copy of these resolutions,
and respectfully requested to report in full to this body the
practicability of the partition aforesaid, and also to make such
other suggestions as they may see fit. They are also requested
to make such leases only as may not seriously incommode the
proposed partition.
City Ordinance, No. 2-307. Approved July '2,1, 1855.
For Taxes on this estate, see No. 747.
Vor the Decision of the Supreme Court, see 8 Ann. p. 171.
ACTS OF THE LEOLSLATURE.
An Act to authorize the Commissioners on the part ot' the city of New
Orleans, and the Agents of the city of Baltimore, Managers of the
general estate of the late John McDonough, deceased, to divide said
estate by partition and to make final settlement with the Legatees.
Section 1 . Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened, That the McDonongh rom-
commissioners on the pjirt of the city of New Orleans, and the agents of ™ o^r/2°(|^to make
the city of Baltimore, managers of the general estate of the late John settlement with
McDonough, deceased, be and they are hereby authorized to divide said to make partition
estate by partition, between the cities of NeAV Orleans and Baltimore,
and to make final settlement with the legatees mentioned in the will,
and to do and perform all other lawful acts which may be necessary to
make a division of the property between the said cities of New Orleans
and Baltimore : provided the cities of New Orleans and Baltimore concur
in said acts.
Sec. "1 . That this act shall go into effect after its passage. — Acts of when this act
1855, p. 230. ^^^^^ ^^^''^'
J9
m
MARKETS.
MARKETS.
Adjudioation.
Lesseee to pay,
etc.
Whnt dues col-
lected.
What
sold.
may be
Vendors to have
sign, etc.
The common council, of tlie city of New Orleans, ordain as
follows :
No. 418. (1.) On the first Monday of December, in each
year, the comptroller shall adjudicate, or cause to be adjudicated,
at his office, the collection of the revenue of the markets for one
year. He shall give ten days' notice, in the official gazette of
the city, of the day and hour at which said adjudications shall
take place.
City Ordinance, No. 418, sec. 1.
That ordinance No. 418, sec. 2, concerning the markets, be
amended so as to read as follows :
No. 419. (2.) The farmers or lessees shall immediately
after said adjudications furnish one twelfth in cash, and their
promissary notes for the balance, endorsed to the satisfaction of
the finance committee, payable from the 1st of January at one,
two, three, four, five, six, seven, eight, nine, ten and eleven
months. Should any farmer or lessee refuse or neglect to
furnish the one twelfth in cash, and his notes as aforesaid, the
comptroller is authorized to cause a new adjudication to be
made forthwith for the account and risk of said farmer or lessee.
No. 420. (3.) The farmer or lessee of said revenue shall
not be entitled to collect other dues than those hereinafter
mentioned, to wit :
City Ordioance, No. 1860.
For every head of large horned cattle, ninety cents.
For every head of veal, mutton, pork or venison, twenty-five
cents. (It being well understood that when the fore quarter of
a veal shall weigh more than forty pounds, the farmer or lessee
of the revenue may levy, for the sale of said veal, ninety cents.)
For each stall and half table, including the frames with hooks
on which to hang the meat, twenty-five cents per day.
For every bench for the sale of fish, twenty-five cents per day.
All butchers, and retailers of fish, shall be answerable for the
frames with hooks, so rented to them by said farmer.
No. 421. (4.) All kinds of meat, fowl, game, fish, vege-
tables, and all other articles destined for the daily supply of the
city, may be bought and sold at the markets, excepting the
beef market of the second district, at which no fish, or vege-
table, shall be sold.
No. 422. (».) Every vendor of meat, vegetables, or other
articles permitted to be sold in the markets of this city, is
MARKETS. 147
Hereby required to have his or her name painted on a tin sign,
in a plain and legible manner, with a number on the same, and
to be affixed in a conspicuous place over the stall or place
occupied ; and, in case any vendor, as aforesaid, shall not comply
with this resolution within thirty days from its passage, or shall
thereafter, at any time, for more than three days consecutively,
not have such sign so exposed, said vendor shall be liable to a
fine of ten dollars, recoverable before any court of competent
jurisdiction, for the benefit of the city.
No. 423. (6.) Said markets shall open at the dawn of day. Market hours,
and shall close at twelve o'clock M. precisely; and the closing
of the markets shall be announced by the market bell, which it
shall be the duty of the commissary to ring, o r cause to be rung.
No. 424. (7.) During the half hour immediately following cleaning stalls,
the closing of said markets, the butchers and other persons hiring
or occupying stalls, shall be bound to scrape, wash, and cleanse
their respective stalls and tables, so as to keep the same in the
highest state of cleanliness, and every person neglecting to
comply punctually with the disposition of the present article,
or who shall not quit the said market at the hours specified in
article six of the present ordinance, shall pay a fine of five
dollars for each offence. And no person shall be permitted to
sub -lease any stall or table, under a penalty of fifty dollars.
Any butcher, or other person, vending in said market, if absent
therefrom three days, leaving his stall or table unoccupied, shall
be deemed to have abandoned the same, and the farmer may
hire it to another.
No. 425. (8.) It shall be the duty of the farmer, or other LeP?ee tokeep
person authorized by the city to collect the above established ° '
duties, to keep an exact register of the persons to whom he lets
the stalls, stands, tables, and frames with hooks, at market hours,
and deliver certificates thereof to persons occupying the same.
Any persons occupying any table, stand, or stall, without the
consent of the said farmer or collector, and who shall refuse to
deliver up the same, on the first request which shall be made
to them by the commissary of the market, shall pay a fine of
ten dollars for each offense, and shall be compelled to conform
to the provisions of the present enactment.
No. 426. (9) It shall not be lawful for any person to erect stands on ban-
^ *' ^ , quettes.
or keep any stand, or other incumbrance, on any ot the
banquettes of the markets of the city, without permission of the
common council^ under a fine of less than five dollars a day for
148 MARKETS.
each stand, and if said stand be not removed after six days'
notice, it sliall be the duty of the surveyor to cause the same to
be removed, as an incumbrance, at the expense of the owner or
occupant: provided, no stand now erected shall be removed,
except on the written request of three or more residents of the
vicinity. It is hereby made the duty of the commissaries of
the markets to have this ordinance executed.
cUs^ '^^^ *"''^ ^^^^' ^^-' '^-^' ^^^•) If any person shall sell, or expose for sale,
within the market aforesaid, any blown, stale, imperfect, or
unwholesome provisions, or meat of any animal that died of
disease, such provision or meat shall be seized by the commissary
and shall be thrown into the nuisance boat, and the offender shall
l)e fined from ten to fifty dollars for the first offense, and for the
second, he shall be deprived of vending in said markets, or of
hiring any stall. It shall be the duty of the commissaries of the
markets, alone, or with two assistants, appointed by the recorders,
and sworn before them, daily to make a strict inspection of the
butchers' meat, and of other provisions exposed for sale at the
said markets, and to ejiforce the strict observance of this
regulation.
See No. 536.
Meats to be sold Xq. 428, (11.) Butchcrs, or other retailers of butchers'
in markets o.nly, ^
etc. meats, shall not expose them for sale elsewhere than at the market
established by law, under a penalty of twenty-five dollars for each
offense. They shall be compelled to saw the bones of the meat ;
and they shall not, under any pretext, break them down with a
hatchet, or cleaver, under a penalty of five dollars for each
offense.
Scales and No. 429. (12. ) It shall be obligatory on the commissaries of
•weights. ^ f~' ^'
the markets, always to have in the said markets scales and weights
to be used at the request of any person, who, at the time of
purchase, may desire to prove the weight of any meat or other
provision, and no scales and weights sliall be used in said markets,
unless they are proved and stamped according to law. Any vio-
lation of the provisions" of this section, or selling by false weights,
shall subject the offender to a fine often dollars for each and
every offense.
Sale of lujuors >Jo. 430. (13.) It is expresslv forbiddcD, uudcr a penalty of
forbiclen. ^ r .. i r ./
fifty dollars for each offense, to sell, or cause to be sold, within
said markets, or on the footways which surround it, any spirituous
or ardent liquoi*s.
MARKETS. 149
No. 431. (14.) It is forbidden to all hawkers and peddlers Hawkers and
to sell any sort of goods or mercliandise in the said markets, or
on the footways surrounding the same, under a penalty of ten
dollars for each offense.
No. 482. (15.) All vegetables, melons, potatoes, onions, fish, 'Articles sold \u
shrimp, crabs, crawfish, turtle, and game, destined for the daily siveiy.
supply of the city, shall be brought to the markets established
by law for the sale thereof, and all persons exposing for sale any
of said article's in the streets or in any other part, than at said
markets, during the hours prescribed by this ordinance, shall
incur a fine of from five to fifteen dollars for every offense. And
the commissaries, and the police of the city, are hereby ordered
to seize and detain all such articles exposed for sale in contraven-
tion thereof, until the fine and expenses thereon are paid.
See Nos. 515 and 61 G.
No. 488. (lO.J Carts or wagons, for the conveyance of all Market carts.etc.
supplies whatever to said markets, shall be placed under the
inspection of the commissaries of the markets.
No. 484. (17.) All persons are forbidden to stand, sit or lie, standing, etc , on
on the stalls or tables of the markets under a penalty of two
dollars.
No. 48'). (18.) It shall be the duty of the commissaries of Duty of commis-
the markets, to see that the ordinances relating thereto are fully
enforced, and that no offense is perpetrated against the farmer
of the dues of the markets ; to keep order in the markets ; to
have arrested all persons who disturb the public peace, and to
conduct them before the mayor, recorder, or any other magistrate,
to be punished according to law. The said commissaries shall
always be present in said markets, during market hours, except
in case of sickness ; and in such case he or they shall give notice
to the mayor, who shall place another to do his duty until the
council shall act thereon. In case of neglect of his duties, the
commissary shall pay a fine of twenty dollars for each offense,
and further, he shall be liable to be removed by the council.
No. 486. (19.) The farmers shall be bound to comply with lessees' obiiga-
all the regulations contained in this ordinance, in all that relates ^^^^^'
, to them. They shall not be entitled to any indemnification from
the council, under the pretext that the ordinances by virtue of
which they formed their contracts, are not sufficiently clear, or
are not enforced, either by the negligence of the officers or the
police nominated to protect them, or by violence committed by
150 MARKETS.
individuals; the farmers have the right to prosecute the said
officers or individuals, as the case may be, and have them
punished with the fine or other penalties fixed for these offenses.
Lessee fees. ^0. 437. (20.) The farmers shall not, under any pretext
whatever, exact or receive fees of any person selling in any other
places than those designated by the present ordinance, under a
penalty of twenty-five dollars for each offense.
Fines. No. 438. (21.) All fines fixed by this ordinance shall be
recoverable before any court of competent jurisdiction, for the
benefit of the city.
Posting orcii- No. 439. (22.) It shall be the duty of the commissaries of
nances. , . , ,,..,.
the markets to cause to be posted up, at all times, in at least six
places in each market, this ordinance, in the French and English
languages.
Fait meats, how No. 440. (23.) Butchers or other persons having salt or
corned beef, or pork, for sale, shall not exhibit the same on the
stalls, unless in a clean white tray, not painted, twenty-six inches
long, sixteen inches wide, and six inches deep ; they may also
keep a harness cask, or tight box, of the same dimensions as the
butchers' block.
Vegetables. No. 441. (24.) No Vegetables shall be washed within said
markets.
Dues payable No. 442. (25) That the dues which the farmers of the
daily. ^ . -^
markets are entitled to collect for tables, stands, and stalls, shall
be payable to them daily; and they are hereby empowered to
take possession of any table, stand, or stall, the lessees of which
shall have allowed one day to pass without paying the dues for
the same, after a demand made for the said dues ; and no person
dispossessed of a table, stand or stall, for non-payment of the
dues, shall be permitted to occupy any place in the markets, until
he pay all arrears to the farmer.
Grocery stands No. 443. (26.) That after the first day of January next, no
grocery stands shall be allowed in any of the markets of the
city.
Groceries not to No. 444. (27.) It shall uot be lawful for any person to sell,
in s ree s. ^^ ^^.^^ ^^^ ^^^^ ^^^ article of groccrics by retail, in the streets
of the city, either in carts or otherwise, under a penalty of
twenty-five dollars for each offense, recoverable before any court
of competent jurisdiction, for the benefit of the city.
Lessee's dues. No. 445. (28.) That it shall not be lawful for any lessee of
a market to demand or receive from any person, desiring to rent^
or renting any stall or stand in a market, any greater sum than
MARKETS. 161
that fixed by the ordinances, or for back rent which may be due
to such lessee for such stall or stand from any person other than
the person who may desire to rent, or who may have rented the
same, under a penalty of fifty dollars for each oifense, recoverable
before any court of competent jurisdiction, for the benefit of the.
city.
No. 446- (29.) That from and after the 31st December next, oyBters.
it shall not be lawful to sell oysters in any of the markets of this
city.
No. 447. (30.) That all venders of vegetables, fruit or other obstructions, etc.
articles authorized to be sold in the markets, who shall obstruct
or cause to be obstructed the thoroughfares thereof on the side-
walks, with boxes, barrels, or other articles whatever, or who
shall not remove such obstruction from said markets or sidewalks
thereof within half an hour after market hours, shall be liable to
a fine of five dollars for each offense, recoverable before any
court of competent jurisdiction, for the benefit of the city ;
and the commissaries of the market are hereby authorized to
cause such obstructions to be removed at any time, at the expense
and risk of the owner.^
See No. 453.
No. 448. (31.) That it shall not be lawful to light or keep pire not allowed
any fire in the markets, except oil, spirit gas or charcoal, and *° ™"^*'^-
these only for the purpose of heating chocolate, tea, milk and
cofi'ee ; and any person who shall violate this article shall pay a
fine of not less than five dollars for the first off'ense, nor less than
ten dollars for each subsequent off'ense, provided no fine shall be
more than twenty-five dollars for each off'ense.
No. 449. (32.) That any person who shall disobey any order violation of or-
of the commissaries authorized by this ordinance, or by other
ordinances regulating said markets, shall be liable to a fine of ten
dollars, recoverable before any court of competent jurisdiction,
for the benefit of the city.
No. 450. (33.) That the farmers or lessees of the vegetable vegetable mar-
„ , IT. in T • 1 -I ,, ket, second dis-
markets ot the second district, shall not be entitled to collect trict.
other dues than those hereinafter mentioned, to- wit :
No. 450. For each vegetable table of four feet, and each
stand for the sale of poultry, game, bread and fruit, fifteen cents ;
it being understood that for every table or stand situated at the
end of any of the rows of the tables in the market, the farmer
shall be entitled to charge twenty cents, and it shall be the duty
152 MARKETS.
of the surveyor to designate which are corner tables ; and for
each coifee stand one dollar. (Said stands to be calculated as of
eight feet in length. — Ordinance No. 1143.)
Vegetable mar- No. 451. ('M.) All Ivinds of gauic, poultry, vegetables, and
trict . all other articles destined for the (hdWy supply of the city, except
meat, may be bought and sold at said market.
Repealing clause. No. 452. (35.) All Ordinances or resolutions contrary to or
conflicting with the foregoing, are hereby repealed.
City Ordinance, No. 418. Approved Nov. 20, 1852.
Obstructions, etc. No. 458. (1.) Froui and after the first day of January, 1856,
it shall be unlawful for any person to occupy any portion of the
sidewalks or pavements bordering any of the public markets of
the city, by depositing thereon, for sale or other purposes, any
article whatsoever, calculated to obstruct the free passage thereon
by pedestrians, or to erect, or continue, if already erected, in, on
or over the said sidewalks or pavements, any awning, shed, bench
or partition — or to erect, or continue, if erected, within the
public markets, any awning, shelf or partition, by which the light
or ventilation of said markets may be obstructed — or to cook
any meat, game, fish or vegetables within said markets, or on the
sidewalks or other public grounds adjacent : Provided, that those
persons who sell coffee and chocolate in said markets may be
allowed to heat the same by means of spirit or other lamps,
enclosed in such manner as shall be safe from danger of commu-
nicating fire to other objects.
See No. 45;i.
J!jnaityof viola >;y 454 (V.) Evcry pci'sou Contravening any of the provi-
sions of the foregoing section, may be arrested by any commissary
or other police officer, and taken before the recorder of the
district, when he shall be summarily tried, according to the forms
of law, and if found guilty, shall be condemned to pay a fine of
ten dollars for the first oifense, and not less than twenty or more
than one hundred dollars for the second offense, and stand com-
mitted and imprisoned not exceeding thirty days, or until the
fine or fines, in either case, be paid, said fines to enure to the
benefit of the city.
^ Cleaning, white- No. 455. (3.) That the farmers of the markets shall provide
markers'. **^'' ^^ for keeping clean, whitewashing and sweeping them at their own
expense, except such cleaning as already contracted for.
City Ordinance, No. 2458. Approved Nov. 29, 1855.
MARKETS. 153
No. 456. That tlie street commissioner be, and he is hereby Cleaning of mar-
authorized, whenever the farmers of the markets of the city
shall fail to comply with the provisions of ordinance No. 2458,
for cleaning said markets, to notify the farmer or farmers so
delinquent, to have his or their market cleaned within five days
from the date of said notification, under a penalty of ten dollars
per day for every day he or they shall neglect or fail to comply
with said ordinance and notification. Which penalty shall be
recoverable before any court of competent jurisdiction, for the
use of the city.
City Ordinance, No. 3190. Approved Dec. 27, 1856.
No. 457. From and after the passage of this ordinance, any impure meats,
butcher or other person who shall expose or offer for sale, in
any of the markets of this city, any meats, poultry, fish, or
other provisions which may be tainted or decayed, or which shall
have been diseased, shall be liable to a fine of not more than one
hundred dollars for each offense, recoverable before any court
of competent jurisdiction, for the benefit of the city^ and com-
missaries of the several markets in the city are hereby instructed
to arrest or cause to be arrested any person so offending, together
with the meats, etc., which may be offered, and convey the
offender or offenders before the recorder in whichever district the
offense is committed ; and in case of failure or refusal of any
person or persons, guilty of said offense, to pay the above fine,
he or they shall be imprisoned not more than thirty days.
City Ordinance, No. 2833.
No. 458. (1.) That the commissaries of St. Mary^s and Daily rafuse.
Poydras markets be directed, and are hereby authorized, to
•procure a sufiicient number of substantial barrels or tubs, to
contain the daily refuse of the various stalls, fruitstands, etc.,
of said markets, and to cause the same to be placed according to
their direction, on each side of the markets.
No. 459. (2.) As soon as the requisitions of the foregoing Daily refuse,
resolution are complied with, all vendors of meat, fish, fruits, etc.,
within the limits of said markets, shall be required to throw the
daily refuse of their stands into the barrels or tubs so provided,
and that the contractor for cleaning the streets of their district
shall cause the same to be disposed of as in the case of other
daily offal.
No. 460. (3.) Any vendor in said markets who shall throw, DaUy refuse,
or cause to be thrown, any meat, fish, fruit or vegetable,
20
154 MARKETS.
whether decayed or otherwise, into any streets or gutters
adjoining said markets, shall be liable to a fine of not less than
live or more than twenty dollars for each offense, recoverable before
any court of competent jurisdiction, one half of which shall be
paid to the informant, the balance deposited in the city treasury.
Oty Ordinance, No. 297. Approved Sept. 22, 1852.
htdij refii»&. No. 461. That the provisions contained in ordinance No.
297, approved September 22d, 1852, and which directs the
commissaries of the St. Mary's and Poydras markets to procure
a sufficient number of substantial barrels or tubs to contain tlie
daily refuse of- the stalls, fruit sands, etc., of said markets, be
also made to apply to the vegetable markets of the second
district, with like directions to the commissaries of said markets ;
and that all the requirements, as set forth in said ordinance No.
297, also apply to the vegetable markets of the second district
aforesaid.
City Ordinance, No. 2407. See Nrt 468, etc.
Vegetable mar- No. 462. That the Triansular market, at the iunction of
ket, first district. . . -, m i • i , i i
Annunciation and Tchoupitoulas streets, • be and the same is
hereby established as a vegetable and fruit market.
That the sale of vegetables and fruit be prohibited in the
St. Mary's market from and after the first day of Janunry, 1856.
City Ordinance, No. 2459.
Vegetable mar- No. 463. That from and after the first day of March, 1855,
ket. first district, ^ .7 ? '
the lower part of the Dryades market (that is to say below
iVIelpomene street,) shall be and the same is hereby approprieted
for the use of butchers, fishmongers and fruit sellers, and all
that portion of said market situated above Melpomene street
shall be appropriated for the sale of vegetables, poultry, etc.
City Ordinance, No. 2129.
Chain* for msr- No. 464, That the surveyor be, and is hereby authorized
to cause suitable posts and chains to be erected on either side of
the Poydras market, so as to prevent the passage of vehicles
during market hours.
Eesolved, that it shall be the duty of the commissary of said
Poydras market to place the chains across said street at three
o-'clock A. jM., and to keep them up until eleven o'clock A. M.,
of each and every day.
ketft"* ^^ '"^'^ ' ^^' '^^^' '-^^^^^ *^^ street commissioner be recjuested to have
two chains extended across Penn street at the upper end of
Poydras market, and to order that the same be extended during
MARKETS. ' 1^^
tlic hours of market^ thereby preventing drays and carts from
passing and repassing, to the great annoyance of our citizensi
saying nothing about the constant danger of injury to the many
persons attending the market.
City Ordinance, No. 2500.
Xo. 460. That the lessee of the small market, situated in ^*^^^^^,^^**'*'''*
the second district, between the beef and vegetable markets, be
and he is hereby permitted to allow live poultry and eggs to be
sold at the vacant stands in said market; also corn and oats by
the pint and 6(uart.
City Ordinance, No. 2611.
Xo. 467. (1.) Tliesaiary of the commissary of the Ht. Marv's Salary of cotn-
market, from and after the passage of this resolution, is hereby
fixed at sixty dollars per month.
No. 468. (2.) The salary of the commissary of the Poydras Salary of com-
^ ^ " . , . . , missariea.
market, from and after the passage of this resolution, is hereby
fixed at sixty dollars per month.
No. 469. (3.) The salary of the commissary of the Amiun- Salary of com-
ciation. market, irom and alter the passage oi this resolution, is
hereby fixed at sixty dollars per month.
No. 470. (4.) The salary of the commissary of the Bryades Salary of com-
1 r. 1 ^ 1 . 1 . - 1 1 missariea.
market, irom and atter the passage ot this resolution, is hereby
fixed at sixty dollars per month.
• No. 471. (5.) The salary of the commissary of the vegetable Salary of corn-
market, second district, from and after the passage of this reso- ""^^ *
lution, is hereby fixed at sixty dollars per month.
No. 472. (6.) The salary of the commissary of the beef salary of com-
market, second district, from and after the passage of this resolution, ™^^*"^"'
is hereby fixed at sixty dollars per month.
No. 473. (7.) The salary of the commissary of the Trdmd salary of com-
market, from and after the passage of this resolution, is hereby '"'^ ^
fixed at sixty dollars.
No. 474. (8.) The salary of the commissary of the Port salary of com-
and Washington markets, from and after the passage of this
resolution, is hereby fixed at sixty dollars per month.
No. 475. (9.) The salary of the commissary of the Magazine Salary of corn-
street market, from and after tlie passage of this resolution, is
hereby fixed at sixty dollars per month.
No. 476. (10.) The salary of the commissary of the Lafayette Salary of corn-
market, from and after the passage of this resolution, is hereby '"*^''*
fixed at sixty dollars per month.
City Ordinance, No. 639.
166
MARKETS.
Salaiy of com-
missaries.
Saspension.
No. 477. That the salary of the commissary of the Ninth
street market, fourth district, be fixed at sixty dollars per month
from the ninth inst. (August.)
Ordinance No. 2094,
No. 478. Any policeman or commissary wrongfully suspended,
shall receive pay for the whole of the time that he may have
been thus suspended.
City Ordinance, No. 28, Art. 15.
Appointment of
commissaries.
Commissaries of No. 479. That the commissary of St. Mary's market be
ket. , also required to act as commissary of the Triangle market, on
Tchoupitoulas street, without additional compensation.
Commissary veg- No. 480. That the commissary of the Vegetable market,
etable market, it-ii -i •
second district, sccond district, be also required to act as commissary oi the
fruit market, second district without additional compensation.
City Ordinance, No. 2677.
Commissary of ^0. 481. That the poHcc board be, and they are thereby
market. authorized to elect a person to act as commissary of Washington
market third district, said officer to remain in, and perform all
duties appertaining to the commissaries of the markets, during
the pleasure of the common council, the salary of the same to
be, and the same is hereby fixed at forty dollars per month.
City Ordinance, No. 2329.
No. 482. The mayor shall appoint a commissary for each
of the markets of the first, second and third districts, and two
commissaries — one for the Magazine and one for the Saraparu
street markets, in the fourth district — subject to the approval
of the board of aldermen ; and it shall be the duty of one of the
day police of the fourth district, to be selected by the captain of
said district, to act as commissary of Ninth street market.
City Ordinance, No. 28. Art. 15.
No. 483. That the commissaries of the several markets of
the city shall be under the special instructions of the chief of
police, relative to their several duties in enforcing the ordinances
now in existence concerning said markets.
City Ordinance, No. 1776.
No. 484. It shall be the duty of the commissaries of the
several markets, as soon as the markets shall have been washed,
to have the fire-plugs closed, and kept closed until wanted the
next day for the same purpose, except in case of fires, and for
Commissaries
under chief of
police.
Their duty as to
fire plugs.
M
MASTER AND WARDENS OP THE PORT OP NEW ORLEANS. 157
any violation of this ordinance the commissary shall be dismissed
from his office.
City Ordinance, No. 2144.
For Commissaries' duties as to Bakeries and Bread, see No. 41 .
DECISIONS or SUPREME COUKT.
The right to establish markets is a branch of the sovereign power, and
that of regulating them is necessarily a power of municipal police. —
4 Ann. 336.
The ordinance imposing a fine on persons selling groceries in certain
market houses is neither illegal nor unconstitutional. — 4 Ann. 278 «
and 336.
MASTER AND WARDENS OF THE PORT OF NEW
ORLEANS.
ACTS OF THE LEGISLATURE.
An Act relative to the Master and Wardens of the Port of New Orleans,
and for regulating the same.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened. That it shall be Appointment of
lawful for the governor to appoint, as often as shall be necessary, by ^^^^^'^^"^ "^^^'j;
and with the advice and consent of the Senate, one fit and proper person of New Orleans.
to be master, and three other fit and proper persons to be wardens of the
port of New Orleans, who shall be called the master and wardens of the
port of New Orleans, who shall hold their offices for two years from the Their term of
date of their appoitment. ^ ^^^'
Sec. 2. That the master and wardens shall keep an office in the city ofSce, where >ept
of New Orleans, and shall cause to be made, in a book to be kept for that -q^q^ ^q ^^ -^^^
purpose, an entry of all their proceedings, to which all persons may ^^ them.
have access.
Sec. 3. That the master and wardens, or any of them, shall, if Certain duties of
called upon by the person commanding any ship or vessel arriving from '"'*'^^^°^-
sea, inspect the manner in which the hatches of such ship or vessel
were securedj'^previous to the opening thereof for the purpose of
discharge, and^shall'be present at the opening of the same ; and shall,
upon every such survey, certify under his hand how the hatches appeared
to him ; for which certificate he shall be entitled to two dollars, and for Fees for certifi-
every duplicate thereof one dollar.
The master and wardens or any two of them, shall be surveyors of Duties of master
damaged goods brought into the port of New Orleans in any ship or
vessel ; and with the assistance of one or more skilful carpenters, shall
be surveyors of any damaged vessel, and any vessel deemed unfit to
158 MASTER AND WARDENS OF THE PORT OF NEW ORLEANS.
Their lees. proceed to sea ; and they shall, upon every such survey, certify under
their hands how the vessel so surveyed appeared to them, and shall cause
entries to be made in a book to be kept for that purpose in their office,
and for each certificate and entry they shall be entitled to two dollars,
and for every duplicate thereof to one dollar ; and the wardens shall
severally be entitled, for their services as surveyors of damaged goods or
vessels, at the rate of two dollars and fifty cents per day. And further,
it shall solely belong to the said master and wardens, or any two of
them, to order and direct the sale of damaged goods by public auction,
giving notice of such public sale at least two days before, in English and
French, in two newspapers published in the city; and at least two of
the wardens shall be present at such sale, and shall certify to the truth
of the account of sales of the auctioneer by whom such damaged goods
shall be sold ; and for such attendance and certificate shall be entitled to
the sum of ten dollars.
Not to be inter- Sec. 4. That neither the master nor any of the wardens aforesaid
ested in any pilot ^. . . ,.
boat, or with auy shall be concerned, directly or indirectly, in any pilot-boat or with any
branch pilot. jj^anch pilot in respect to the business of his trust.
Fees in certain Sec. 5. That whenever goods and merchandise, damaged on board
of vessels arriving from sea, belong to different proprietors, but are
addressed to the same consignee, it shall be lawful for the wardens who
shall have inspected the same, and ordered and attended the sale of
such damaged goods at auction, to demand and receive distinct fees for
such pi'operty so surveyed and sold, provided the consignee shall require
ditferent sets of certificates for each.
Additional fees. g^c. 6. That in addition to the fees allowed to the master and
Avardens, they shall be entitled to demand and receive for each vessel
arriving in the port of New Orleans from sea, the sum of five dollars,
whether they be called upon to perform any services or not ; which sum
they shall be entitled to demand of the captain, owner, or consignee of
every such vessel ; and in case of failure or refusal to pay the same,
they shall have the right to proceed for the recovery of the same against
the said vessel, before any justice of the peace or other competent
tribunal.
Deputies. Sec. 7. That the wardens of the port of New Orleans may appoint
Oath to be taken deputies and clerks, but the deputies and clerks shall take the oath
prescribed by article ninety of the Constitution, and shall be sworn
truly and faithfully to perform the duties imposed on the wardens of
the port of New Orleans ; and the said wardens shall be responsible for
the acts of their deputies.
Certain laws re- Sec. 8. That all laws contrary to the provisions of this act, and all
laws on the same subject-matter, except what is contained in the Civil
Code and Code of Practice, be repealed. — Acts of 1855, p. 489.
DEOISIOKS OF SUPREME COURT.
The port wardens of New Orleans are not entitled to the exclusive
collection of the pilotage due to pilots. — 3 ■NI. R. 125.
by them.
pealed.
MAYOR. 159
The port wardens are by law constituted sole judges of the necessity,
which requires damaged goods to be sold at auction. — 6 N. S. 61.
The ffees allowed to the master and wardens by the act of 17th
February 1821, are at least when the services for which they are claimed,
have been rendered, not inconsistent with the Constitution of the United
States, nor with the act of Congress of 1812, admitting Louisiana into
the Union.— 10 R. 11. 459.
The offices of harbor-master and port-wardens of the port of New
Orleans, were organized by the act of March 31st, 1805. By an act of
8th March 1841, the first section of that act and all other acts providing
for the office of harbor master, were repealed so far as they related to
the creation of said office ; but the rest of the act of 1805, remained in
force. It provided for the police of the port, and for the appointment
of a harbor master, port wardens and pilots; assigning to them such
duties as were properly to be exercised under the local territorial
authority. It received the san«tion of the Congress of the United States,
and must be considered as having the authority of a law of the United
States. We take section 11 to mean, that the master and wardens have
the sole right to order and direct the sale of damaged goods by public
auction in the case provided in that section ; that is, when called upon
by the person commanding any ship or vessel arriving from sea. This
construction gives us a wise law, one strictly constitutional and necessary
in a sea port for the protection and guide of masters of ships. The
statute presents solely a matter of contract ; neithe;* a tax, a toll, nor
an impost of any kind or nature whatsoever purports to be imposed or
is in contestation between the parties, etc. — 6 Ann. 389. •
The principal object for which the intervention of port wardens seems
to be considered requisite, is to determine when there exists a necessity
for a sale, but when that fact is once established, the actual sale is
always made at public auction. — 10 Ann. 796.
MAYOK.
No. 485. From and after the IGtli of Juue, 1856, the salary ms salary.
of the mayor of the eity of Now Orleans shall be five thousand
dollars per annum.
City Ordinance, No. 282S.
No. 486. That the mayor be requested hereafter to send Copies of ordi
certified copies of all ordinances and resolutions passed by tlie
common council to the parties to whom they relate.
City Ordinance, No. 416.
No. 487. That the mayor be and he is authorized to have a City seal.
*^sear' ordered for the city of New Orleans so as to enable him
160
MAYOR.
to furnish copies of documents to the city attorney and the several
courts.
City Ordinance, No. 101.
For salaries of his clerks, see No. 748.
Jb'or Ilia duties relative to Bakeries and Bread, see page 13.
'' " '' Balls and public Exhibitions, see page 15. •
" " " Bond and Sureties, No. 73.
" " " Buildings, numbering of houses, etc., page 27.
" " " Cemetery and Interments, see No. 126.
" " " Coffee House, see page 44.
" " '• Common council, see page 50.
" " " Fires and their prevention, see page 92.
" " " Ground rents, see No. 490.
"' " " Lewd Women, No. 403.
" " '' Offences and nuisances, 549, etc.
" " '•' Police department, No. 568, etc.
•' •• " Powder, No.. 353.
" '• " Vehicles, No. 893, etc.
ACTS OF THE LEGISLATURE.
Qualifications of
mayor.
Duties of the
mayor.
Salary of the
mayor.
Fees, how dis-
posed nf
Sec. 26. That the mayor shall be at least thirty years of age, ten
years a citizen of the State and five years a citizen of the city ; and
shall have the qualifications required for the members of the House of
Representatives of the State ; he shall keep his office in the city hall ;
he shall have a seal, to be called the seal of the city of New Orleans,
which shall be affixecl to all proper official acts of the corporation ; he
shall see tliat the laws and ordinances, within the limits of the city of
New Orleans, be properly -execvited; he shall be, ex-officio, justice and
conservator of the peace ; shall appoint police officers, policemen and
watchmen under the ordinances of the common council organizing the
same, and discharge the same at pleasure ; and in case of discharging
any officer of police, he shall communicate the fact of such discharge to
t.lie common council at their first meeting after such discharge ; hfe shall
alone control and make regulations for the police officers, policemen
and watchmen ; he shall call meetings of the common council whenever
he shall deem the same necessary, or whenever five members of either
branch of the said common council may request him in writing to do
so ; he shall also appoint one inspector of elections at each precinct of
the city of Nev/ Orleans ; he shall from time to time lay before the
common council a full statement of the condition of the aifairs of the
city ; it shall be his duty to report to the common council all officers
and persons employed by the city who fail to perform their duty, or
commit any act for which they should be impeached or removed from
office. The mayor shall receive an annual salary of not less than
four thousand dollars nor more than five thousand dollars. No fee shall
be allowed to him for his own use and benefit, upon any pretence what-
ever ; and he shall render a monthly account, and pay into the city
treasury, all sums which he may receive for dues or fees of any
description.— Acts of 1856, p. 141.
MAYOR. 161
Sec. 27. That all ordinances and resolutions, after having "been veto power of
passed by both boards of the comn-on council, shall be transmitted to "^"y^"^-
the mayor for his consideration, who, if he shall approve thereof, shall
sign and publish the same , and such ordinances and resolutions shall
thereupon have the force of law. But if the said mayor shall disap-
prove of any ordinance or resolution transmitted to him as aforesaid,
he shall, within five days from the time he received it, return the same
to the board in which it originated, with his objections in writing, and if
two thirds of the members elect to each board shall adhere tosaidordi- Powerofcommon
nance or resolution, notwithstanding said objections; then,. and not ordinances and
otherwise, the said ordinance or resolution shall after publication resolutions »ot-
thereof, have the force of law ; provided, always, that if the said mayor jections of the
shall not return any ordinance or resolution, transmitted to him as
aforesaid by said common council, within five days after it shall have
been received by him, then he shall be deemed to have approved the
same and it shall have the same force and effect as if approved and
signed by him.— Acts of 1856, p. 142.
Seo. 10. That the qualification of voters for mayor, recorders, al- Qualification of
dermen and assistant aldermen shall be the same as are prescribed by ■'■°*®"'
the constitution of the State for the election of Representatives in the
general assembly of the State. — Acts of 1856, p. 138.
Sec. 15. That whenever a vacancy shall occur, by death or otherwise Vacancy in office
in the office of mayor or recorder, it shall be the duty of the boards of yided for.
aldermen and assistant aldermen, in joint meeting, to elect viva voce a
person qualified to serve in the office so vacated, who shall continue in
office till the Monday succeeding the next city election, and until his
successor shall have been duly elected and qualified ; and in case of the
sickness or temporary absence of the mayor, the president of the board Mayor pro tem-
of aldermen shall act during said sickness or temporary absence as
mayor pro tempore. — Acts of 1856, p. 139.
See Acts of 1856, p. 138, sect. 13.
DECISIONS OF THE SUPREME COURT.
The mayor*of New Orleans being entrusted, for the common benefit
of all the corporators, with power to see the charter faithfully executed,
has a right to institute suit, to enjoin the execution by any of the Mu-
nicipalities of laws or resolutions contrary to the charter, and to test
their legality.— 13 La. 548.
The mayor of New Orleans may order the demolition of works and
buildings which tend to interrupt, embarrass or impede the use of the
banks of the river, for a passage or public way. — 3 La. 563, 1 Martin
187.
NEGRO TRADERS.---See Slave Marts, No. 774, etc.
21
162 NEW ORLEANS.
NEW OELEANS.
City seal. No. 488. That the mayor be, and he is hereby, authorized
to have ''a seaF' ordered for the city of New Orleans, so as to
enable liim to furnish copies of documents to the city attorney
and the several courts. •
City Ordinance, No. 101.
Urban portion of No. 489. That the portions of the city comprised within the
following limits, be declared as urban :
Following the upper line of the city to the centre of the
Metairie road ; following the Metairie road to the bayou St. John;
following the centre of bayou St. John to canal Marigny ; follow-
ing the centre of canal Marigny to Elysian fields and Florida
avenue ; thence through the centre of Florida avenue to canal
Pes Pecheurs, and up this canal to the river.
City Ordinance, No. 479.
Groundrentsdue ^s^o. 490. (1.) That all persons holding property within the
city of New Orleans, subject to ground rent, payable to the city
at the rate of six per cent, per annum upon the capital debt
secured by said property, be and they are hereby permitted to
release themselves from such ground rent by full payment of the
same au... uf the capital thereof into the treasury.
(2.) That the mayor be authorized to raise any mortgage held
by the city upon property as above described upon the exhibition
of the city treasurer's receipt or certificate showing that the
payment required by the foregoing resolution has been made.
City Ordinance, No. G43. Seo Nos. 229 and 2S0.
City property un- No. 491. Whereas, It is supposed that there is at the present
known. . . o i i i • i • t
tmie a large amount ot real estate and other property withm the
limits of the city of New Orleans, which in fact belongs to the
corporation, but of which there is no record on the j^ooks of the
city, and it is further believed that if proper steps are taken the
same may be ascertained and made available ; therefore, be it
Five per cent, for (1.) Resolved, That a commission of five per cent, on the
Bcovtr , e . ^,^\^Q (jf .^yy j,Q^\ estate or other property, shall be paid to any
person who shall report to the council the location and descrip-
tion of such property; provided the same be non-recorded in the
books of the city.
(2.) That the above said commission of five per cent, shall
not be considered as due to the informer until a full proof of
valid title to the city shall have been fully established by law.
City Ordinance, No. 2270. See No. 230.
NEW OEtEANfcJ. 16S
No. 492. That all resolutions of the thi*6e. Municipalities of Rep«aiof old or-
New Orleans, and of the late city of Lafayette and of the eon- *°*°'*^'
solidated city of New Orleans, approved prior to the first of
January 1855, appropriating moneys, are hereby repealed, provided-
that nothing herein contained be construed to impair the validity
of conHacts entered into by the city.
City Ordinance, jS^o 198G, Approved Feb. 7,' 1855.
For Powers of Common Council, see page 50.
For consolidated City Debt, see page 66.
For Assessment Districts, etc., see page 22.
STATE CONSTITUTION.
Art. 124, The citizens of tke city of New Orleans sj^all have the right
of appointing the several public officers necessary for the administration
of the police of the said city, pursuant to the mode of elections which
shall be prescribed by the Legislature ; provided, that the mayor and
recorders shall be ineligible to a seat in the general assembl}^ ; and the
mayor, recorders, aldermen and assistent aldermen shall be commissioned
by the governor as justices of the peace, and the Legislature may vest in
them such criminal jurisdiction as may be necessary for the punishment
of minor crimes and offenses, and as the police and good order of said
city may require.
Art. 16. In all apportionments of the Senate, the population of the
city of New Orleans shall be deducted from the population of the whole
State, and the remainder of the population divided by the number
twenty-seven, and the result produced by this provision shall be the
senatorial ratio entitling a senatorial district to a senator. Single or
contiguous parishes shall be formed into districts, having a population
the nearest possible to the number entitling a district to a senator; and
if, in the apportionment to be made, a parish or district fall s'^-z^H of or
exceed the ratio one-lifth, then a district may be formed having not more
than two senators, but not otherwise. No new apportionment shall have
the effect of abridging the term of service of any senator already elected
at the time of making the apportionment. After an enumeration has been -
made as directed in the eighth article, the Legislature shall not pass
any law until an apportionment of representation in both houses of the
generaly assembly be made.
i ACTS OF THE LEGISLATURE,
An Act to consolidate the city of New Orleans, and provide for the
government and administration of its affairs.
Section 1. Be it enacted hy the Senate and House of Representatives
of the State of Louisiana in General Assembly convened, That all that a portion of the
portion of the parish of Orleans, situated on the left bank of the river P"^^ ''^?^^®*°^
^ '^ incorporated as
Mississippi, shall be the city of New Orleans, and that all the free white the city of New
inhabitants thereof shall be a body corporate by the name of the *' city "^ **^'*
164 NEW ORLEANS.
of New Orleans," and by that name they and their successors shall be
Powers of said known in law, and shall be capable of sueing and being sued, and of
corporation. , ,,«,..,, . , . „
procecuting and defending in all courts and in all actions and matters
whatsoever, and may have a common seal, and may alter and change the
same at pleasure, and by the same name they shall be capable of holding
and conveying any estate, real or personal, for the use of sai(^orpora-
tion, under the restrictions and limitations hereafter set form. — Acts
of 1852, p. 42.
An Act extending the laws relative to the city of New Orleans over its
present limits.
Be it enacted by the Senate and House of Representatives of the State of
Laws relative to Louisiana in General Assembly convened, That all laws now in force
tended"^ through- relative to the incorporation of the cify of New Orleans, and to the
out its present duties of all officers, both state and municipal, shall be in force and effect
limits.
throughout the whole limits of said city as fixed by the Constitution, as
if the same had been passed to operate within the said city as now
constituted. — Acts of 1853, p. 154.
For division into wards, see Acts of 1852, page 42, sect. 2, and page
55, sect. 2.
Rights, etc., of the municipalities, etc., vested in the city, see Acts of
1852, page 52, sect. 36.
Rights, etc., of Lafayette, etc, vested in the city, see Acts of 1852,
page 56, sect. 6.
An Act to limit the Indebtedness of the city of New Orleans.
Council pro- SECTION 1. Be it enacted by the Senate and House of Representatives of
hlcreaslnrthe the State of Louisiana in General Assembly convened, That it shall not
amount of the hereafter be lawful for the council of the city of New Orleans to authorize
the^city. auy increase of the amount of the present indebtedness of said city.
When said in- Sec. 2. That after the total indebtedness of said city shall have been
debtedness shall reduced, under the operations of existing laws, to the amount of twelve
be reduced to ' ^ o 7
$12,000,000, it millions of dollars, it shall not be lawful for the city council to authorize
fuftoTncreaseTt any increase of said indebtedness beyond the sum herein specified,
in any manner, y^j^jether the said debt be in the form of bonds, loans, contracts, or en-
gagements under any ordinance, resolution or other act. — Acts of 1855.
page 228.
An Act making Municipal Corporations liable for damages done to
property by mobs and riotous assemblages.
Section 1. Be it enacted by the Senate and House of Representatives of
Corporations ren- the State of Louisiana in General Assembly convened, That the diflFerent
damages^^^^ ^^^ municipal corporations in this State shall be liable for the damages done
to property by mobs or riotous assemblages in their respective limits. —
Acts of 1855, p. 45.
Can subscribe to stock, etc., Acts of 1855, p. 12.
NEW ORLEANS. 165
Sec. 42. That the common council of New Orleans shall hare power Bonds which the
to require bond and security from all persons holding any office of trust the'^ci^tVmay're-
or emolument in the city administration, for such sum as they may deem q^i".
proper, not exceeding ten thousand dollars. — Acts of 1852, p. 55.
For Municipal Corporations generally, see Acts of 1855, p. 325.
For fii||t act of Incorporation of the city, see Acts of 1805, p. 44.
For Act dividing the city into three municipal corporations, see Acts
of 1836, p. 28.
For Acts consolidating the same, see Acts of 1852, p. 42 ; Acts of
1850, p. 156.
For Acts annexing Lafayette, see Acts of 1852, p. o5.
For New Charter, see Acts of 1856, p. 136.
For history of the city, see " Intrduction. "
DECISIONS OF SUPREME COURT.
1, — The incorporated limits of the city of New Orleans terminate at
the water's edge, and include no part of the river. — 5 La. 460, 17 La.
573.
2. — Milneburg on Lake Pontchartrain is considered to be within the
incorporated limits of New Orleans, and subject to city ordinances and
police regulations. — 13 La. 70..
3." — When the act of incorporation does not expressly include the
inhabitants of a certain place within the city limits, yet if they
considered themselves residents within the limits of the city and enjoyed
the rights of other residents of the city, this will be regarded as a
practical interpretation of the law and as including and subjecting
them to the police regulations. — 13 La. 70.
4. — The plan of a portion of the faubourg St. Mary drawn on the
first of April 1788, by L. Trudeau, is the earliest plan of the faubourg
known to exist. — 19 La. 62.
5. — The territory of the city of New Orleans was composed, at the
time of its incorporation of urban and rural property, the latter being
by far the most extensive. — 2 Ann. 611.
6. — The city of New Orleans was founded by Governor Bienville,
about the year 1718. A copy of a plan which the city has obtained from
the minister of marine and colonies in France, made by engineer De
Lassas in 1726, exhibits the city of that period and its environs. The
first concession of land below the city was more than half a mile dis-
tance and all the intervening space was marked as commons of the city.
It was fortified at its foundation and an esplanade was left outside for
the use of the fortifications. By Depanger's plan (made May 29, 1724,)
it will be seen that the city was at that period laid off into parallelo-
grams down to Barracks street and the barracks were situated at the
corner of that street and the levee. The fortifications were maintained
and enlarged from time to time until the treaty of peace between France
and Great Britain in 1763, when the province was ceded to Spain. In
166 i^EW ORLEANS.
1794, baron Carondelet surrounded the city witli new fortifications in
which he was aided by Lareau Trudeau, tho surveyor general of the
province. — 5 Ann. p. 724.
7. — The city council possess the power to remove as nuisances,
buildings, etc., wliich encroach on the line of the street, and to regulate
the public ways and maintain order and safety thereon, and to demolish
works which tend to interrupt, embarrass or impede the use of the
banks of the river or public grounds and squares. — 1 Martin 87 ; 4
Martin 10; 3 La. 563; Ann. 34.
8. — The corporation of New Orleans possess full power to make by-
laws to maintain the cleanliness and salubi'ity of the city, and may
abate nuisances, as a private hospital ; and it would require a strong
case to induce the court to interfere with its exercise. — 5 N. S. 409 ; 5
Ann. 747; 10 Ann. 227.
9. — The corporation are authorized to prohibit the sale of oysters in
the city, except at certain designated stands. — 2 La. 219.
10. — Ordinances of the city council directing sales of all property
remaining on the levee a longer term than is authorized by the police
regulations, is unconstitutional and void; so is the statute of 1834,
authorizing the council to pass such ordinances. The corporation
possess the power to remove encumbrances from the levee streets, etc ,
at the expense of the owner. — 4 La. 97 ; 4 La. 98; 15 La. 129.
11. — The corporation is the administrator of the use of the banks of tho
river, and of the batture outside of the levee, for the general convenience
and the'great objects of public utility, and must necessarily possess all tho
powers and authority requisite to effect those objects ; it has a right to
all the advantages it may produce and can make banks and improve-
ments to increase the revenues. It has not only the right to use the
• earth taken from the batture, in the construction of wharves, enbank-
ments and levees, but also for the purpose of improving the port and
streets and avenues leading to it. — 18 La. 278.
12. A purchase of real estate by the corporation, with a view to divide
it into lots and streets, and to resell the same for the purpose of improving
the cleanliness and salubrity of the city and the convenience of the
streets, is legal.— 2 R. R. 491.
13. — The erection of wharves at such places as commerce may require,
is a legitimate exercise of municipal power. — 6 R. Jl. 349.
14. The municipal authorities are bound to preserve unobstructe d
for public use, the streets of the city and the banks of the river, and though
they may tolerate, temporarily, works not deemed injurious to the rights
of the public, no permission of a council can prevent a subsequent
council from putting an end to such toleration. — 6 R. R. 349.
1.5, Corporations are responsible for exercising, through their offices,
in an unskillful and improper manner, powers vested in them by their
charter. — 5 Ann. 660.
IG. — Laws enacted under the State constitutions, establishing and
regulating the municipal rights and power of New Orleans, are not
NEW ORLEANS. 167
contracts, but ordinary acts of legislation. The powers they confer are
not franchises, in the original meaning of that word, but mandates only;
and these laws may be repealed at pleasure, except so far as their
repeal may affect rights acquired by third persons under them. They
must be construed and applied in all cases, like other laws. — 1 Ann.
162; 5 Ai^n. 664.
17. — The city of New Orleans is made, by the constitution of the
State, one of the permanent functionaries of government ; and the laws
by which it is organized are eminently laws for the perservation of
public order, from the force and obligation of which individuals cannot
derogate by their conventions. — 1 Ann. 435; 3 Ann. 313; 5 Ann. 664.
18. — New Orleans has not all the powers which belonged to the city
under the French government of Louisiana, nor those of the cabildo
under the Spanish government. Since the legislation in our codes on
the subject of corporations, the express delegation in the act of 1805,
organizing the city government, the radical change in our political
system by the transfer of Louisiana from the French republic to the
United States, the repeal of the laws of Spain in 1828, and our own
settled jurisprudence in relation to the political corporations of the
State, it is useless to look for our municipal powers elsewhere than in
our code, legislation and jurisprudence. — 3 Ann. 294.
19. — The first section of the act of 1805, restricting the right of the
corporation of New Orleans to hold real estate to such as is situated
within the limits of the city, does not include slaves. — 2 Ann. *B97.
20. — The statute of February 17, 1805, confers, in general terms,
powers of administration, -and, by its various special delegations of
authority, excludes the idea of any other power being granted than such
as is required by the police and preservation of good order among -the
population. — 3 Ann. 294,
21. — The word '-canals" in the 16th section of the statute of February
17, 1805, authorizing the "mayor and city council of New Orleans to
cause common sewers, drains, canals, pavements and bridges to be built
and constructed in every part of the city," means canals for draining and
not for navigation. — 3 Ann, 294.
22. ^ The power to relieve the indigent sick and to provide for the
poor who are unable to labor, is conferred on the municipal authority of
New Orleans by act of March 14, sec. 1 and 17; February, 1821, sec. 2.
— 4 Ann. 42.
23. — The council is the sole judge of the validity of the election of its
members, and the law giving the council this exclusive power is not
unconstitutional.— 7 N. S. 1.
24. — The council are authorized to establish by ordinance a uniform
rate of wharfage, to be paid by ships, steamers and other vessels moored
in front of any part of the city.— 2 Ann. 538.
25. — Whatever effect the by-laws and ordinances of a municipal councij
may have, they are not laws passed by the legislature of a State, and
168 NEW ORLEANS.
they are not to receive the same strict scrutiny as penal statutes, where
they inflict fines as penalties for their contravention.
Section 4 of the act of March 14, 1816, which provides that "neither
the mayor, recorder nor any aldermen then in office, shall be allowed, in
his own name, or through the medium of others, to become a lessee or
bidder for any branch of the revenues of the city" etc., cannot be con-
sidered as prohibiting such persons from leasing any lot of ground or
other property, not forming an entire branch of the revenue of the city. —
3 R. R. 368.
26. — The act of May 4, 1847, to provide for the payment of the debts
of the Municipality of New Orleans, gave a certain destination to the
sinking fund, by which vested rights were acquired that could not, under
act 109 of the constitution, be divested by a subsequent act of the
legislature. The act of March 20, 1850, providing for the liquidation of
the city debt, gave a different destination to the sinking fund, and is
consequently unconstitutional. — 6 xYnn. 21.
27. — Our laws secure the public use of the banks of navigable rivers,
and within the incorporated limits of towns, the municipal government
is authorized to regulate that use ; but their regulations must be in
furtherance of the pviblic use to what the banks are subjected, and
cannot be taken advantage for the purpose of forever enjoying the
property of the riparian proprietor, which is not necessary for future use.
— G Ann. 450.
28.— jThe public have the right to use the banks of navigable rivers,
but this right does not authorize the permanent location of a dry
dock in front of the land owned by another person. — 6 Ann. 450.
29. — The right to establish public places and to charge their destina-
tion, is an attribute of sovereignty which the legislature may delegate to
corporations. The legislature of Louisiana has delegated this power to
the city of New Orleans, without reservation; under the grant it is
competent for the city government to accept a dedication of public streets
and equally competent for it to annul the acceptance before the streets
have been opened, provided no vested right, acquired under the dedica-
tion, is affected by the change. — 7 Ann. 270; 8 Ann. 145.
oQ. — Towns and cities may be projected, and streets, public squares,
and roads may be laid out on plans ; but so long as the ground remains
enclosed and no portion of it is sold with reference to those plans, and no
express dedication is made and accepted by the proper authority, the
right of the owner to the soil which those streets, public squares and
roads cover, is not affected thereby. When neither the dedication nor the
acceptance are express, the rights on behalf of the public must be sup-
ported by long continued usage. — 7 Ann. 233; 9 Ann. 597; 10 Ann. 81.
81. — In relation to public places and streets within this city, the
municipal authorities represent not only the corporations but also
the public; a final judgment against them is a judgment against the
public, and no individual can bring the point adjudicated again before
the courts,— 7 Ann. 498.
NEW ORLEANS. 169
82.— The municipal authority of the city has no power to impose a
penalty, on that which the law of the State has made punishable as an
offense. — 7 Ann. 651,
33. — Municipal corporations are expressly authorized to receive
legacies by the Civil Code, (Art. 423.) and by the whole course of
legislation on the subject. — 8 Ann. 170.
34. — Under the successive Constitutions of Louisiana, the city of New
Orleans and its officers have been made permanent functionaries of
government for all purposes of police and good order, and for the punish-
ment of minor crimes and offenses. The police and good order of a
city include the education of youth, and the care of the poor within its
limits. — 8 Ann. 171.
35. — It may well be doubted whether a servitude of prospect can
be established in our modern cities, where the squares are contiguous
and no open space save the streets and public squares, are habitually
left, except, perhaps, in the case of adjoining lots. The right of perpet-
ual front on the river is a new and unusual servitude, which, even if
established by the title, would not be recognized. — 8 Ann. 145.
36. — The mayor and aldermen, etc., of New Orleans are fully
empowered to enact ordinances and adopt measures of police for
preserving the health and promoting the comfort, convenience and general
welfare of the inhabitants. — 10 Ann. 227.
37. — A resolution of the common council, directing a city officer to
abate a particular nuisance under a general ordinance, is legal, and
cannot be assimilated to an ordinance inflicting a fine or penalty upon
a particular individual. — 10 Ann, 227.
38. — The statute of 18th March, 1850, creating a distinction between
urban and rural property, in preparing the budget of receipts and
expenditures of the city of New Orleans, is repealed by the consolidation
act of 1852.— 10 Ann. 454.
39. — A cemetery is an indispensable part of every city or town, and
wherever situated, must be in the neighborhood of private property.
Such cemetery is not a nuisance because it depreciates the marketable
value of the property in its neighborhood, — 11 Ann. 244; 10 Ann. 431.
40. — The several acts of the Legislature giving to the city police
powers over the batture, were never intended to disturb the rights of
property ; and had such been the objects of the statutes, they would, to
that extent have been nullities.— 11 Ann. 148.
For decisions relative to Batture, see page 19.
" *< Master and Wardens, page 158.
" *' Taxes and Licenses, see "Revenue."
" " Stretes, Pavements, Levees, etc., see "Streets.'*
See also "Ordinances," "Pounds," "Wharves," etc.
22
170 NOTARY — CITY, ANl) NOTARIES PUBLIC.
NOTARY— CITY, AND NOTARIES PUBLIC.
Election of [notft. No. 49i5, (1.) From and after the passage of this Ordinance,
there shall be elected annually, by the common council of the
city of New Orleans, on the third Tuesday of May, a notary
public, before whom shall be passed and executed all contracts,
agreements, deeds of sale and purchase, and all other authentic
acts to which the city of New Orleans may be a party, or have
any interest therein ; and whose compensation shall be the fees
established by law, said fees to be paid by the parties contracting
with the said city of New Orleans.
(2.) That on the Tuesday following the final passage and
publication of this ordinance, a notary public shall be elected
to serve until the third Tuesday of May, eighteen hundred and
fifty-three.
City Ordinance, No. 75.
Hisdutyasto No. 494, From and after the passage of this resolution, it
purchasers of /» -i • i •
contracts. sliall DC tlic duty 01 the city notary, upon the promulgation
of all resolutions approving the adjudications of contracts, to
notify the parties thereof through the post ofiice, and within ten
days thereafter if the contractors and securities have not signed
their contracts, it shall become his duty to inform the city
comptroller thereof, and after five days notice in the ofiicial
journal, proceed immediately to a new sale, the amount deposited
by the previous contractor being forfeited in favor of the city.
City Ordinance, No. 1696.
See Contracts, page y(K
See Bonds, page 2i.
ACTS OF THE LEGISLATURE.
An Act relative to Notaries in New Orleans.
Section 1. Be ii enacted by the Senate and House of Representatives of
Duty of notaries the State of Louisiana in General Assembly convened. That it shall be
anc's^recorded, the duty of the notaries in New Orleans to cause every deed of sale,
donation, or any other sort of conveyance of real estate or slaves, passed
before them respectively, even when the parties shall agree to dispense
therewith, to be registered at the ofl&ce of the register of conveyances
for New Orleans, within forty-eight hours after the passage of said acts,
and this under the penalty of five hundred dollars line, to be recovered
before any court of competent jurisdiction, for the use and profit of
the Charity Hospital, and also under the penalty of being liable
for all damages which the parties may suffer through the neglect of said
notary to register the said acts.
in
Sue. 2. That the governor shall not appoint or commission any C«rtmcatd to ba
notary public in or for the parish and city of New Orleans who shall judges of Su-
fail to furnish him with a certificate from the judges of the Supreme court, ^'^^^^ ^^^^
certifying to the qualifications requisite to perform the duties of said
ofl&ce. That all notaries public in the parish of Orleans shall give bond ^^p^d to be fur-
with security in the sum of ten thousand dollars for the faithful dis- ries.
charge of the duties of his office.
Sec. 3. That it shall be the duty of said register of conveyances to CertiQcate to b«
affix to the act, to be enregistered, a certificate that he has enregistered fJJ'V conyej?*^
the same. ^^''^s-
Sec. 4. That hereafter neither the Sheriflf nor the notaries of the Act of sale of
parish of Orleans shall pass or execute any act for the sale, transfer or te^paLed uniei^a
exchange of any real estate situated within said parish, unless the State, ^^^ taxes due
parish and municipal taxes dne on the same be first paid, to be shown been paid,
by the tax collector's receipt, or certificate to that purpose.
Sec. o. That the sheriff or notary public violating the provisions Penalty for vio-
of the preceding section shall, upon conviction thereof, be fined in a sum ing'*section!°'^^^
of not less than fifty nor more than two hundred dollars for each
violation, to be recovered by the district attorney, for the use of the free
schools of the parish of ^Orleans, before any competent tribunal.
Sec. C. That it shall be lawful for each and every notary public in Deputies
New Orleans to appoint one or more deputies to assist him in the making
of protests and delivery of notices of protests of bills of exchange and
promisory notes ; provided that each notary shall be personally
responsible for the acts of each deputy employed b;^ him. Each deputy Oath to be taken
shall take an oath faithfully to perform his duties as such. The certi- ReiatiT© to no-
ficate of notice of protest shall state by whom made or served. *^^®' °^ protest.
Sec. 7. That all laws contrary to the provisions of this act and all Certain laws
" ^ repealea.
laws upon the same subject-matter, except what is contained in the Civil
Code and Code of Practice, be repealed. — Acts of 1855, p. 320.
Sec. 19. That every notary public, recorder of mortgages, and parish Fees of notaries
, ,. 1 « , . .,. ^, . and recorders,
recorder acting as notary public or recorder of mortgages, m this State,
shall be entitled to demand and receive the following fees of office, and
no more, to wit :
For writing original acts of any kind, including recording the same,
for every hundred words, twenty five cents.
For every necessary seal and certificate to every notarial act, seventy-
five cents.
For making copies of all official documents, ten cents for every hundred
words.
For seal and certificate to any copy, fifty cents.
For proving up an act under private signature, fifty cents. .
For recording an act under private signature, ten cents for every
hundred words.
For certificate of record and seal to an act under private signature,
fifty cents.
For recording acta under private signature, which have been proved
172 OFFENSES AND NUISANSES.
up otherwise than before the parish recorder or notary, ten cents for
every hundred words.
For certificate of mortgage with seal, one dollar, and for every hundred
words after the first hundred, twenty cents.
For canceling a mortgage, one dollar.
The parties to a notarial act may, by written clause in the act, dispense
with the certificate of mortgage required by article three thousand three
hundred and twenty-eight of the Civil Code, and the notary or parish
recorder shall not in such case be entitled to charge for such certificate.
For fixing seal and effects of intestates, two dollars.
For removing the same, with proces verbal, one dollar.
For swearing each appraiser or expert, twenty-five cents. — Acts of
1856, p. 168.
See also Acts of 1855, page 322.
OFFENSES AND NUISANCES.
An Ordinance relative to offenses and nuisances.
Defacing build- No. 495. Art. 1. — (1.) No person shall deface any build-
ings, etc. . 1 M T . .
ing or buildings, fence, sign or other private property in the city,
by cutting, breaking, daubing with paint, or in any other way
defacing or injuring' the same.
Doorbells, No. 496. (2.) No ,person shall mischievously rinp; a door
knockers, door ^ \ i r ./ o
plates, etc. bell or US8 the knocker of any house or office or other place, or
shall wantonly injure any door bell or knocker, or deface, or
injure, or remove any door plate upon which the name of the
resident is inscribed.
Postere. No. 497. (3.) It shall not be lawful for any person to post
up an advertisement or other paper whatsoever, on any private
house or building, or wall, or fence, without the consent of the
owner, or upon any public building or wall or fence.
Notices of No. 498. (4.) It shall not be lawful to post up, or have
merTtfetc.'^** ' postcd up or placarded in any public place, any hand-bill announc-
ing the sale of medicine or the nature of the treatment for any
kind of disease.
Firing of guns, No. 499. (5.) No pcrsou shall fire or discharge any gun,
pis 8, crac ers, ^-^^^i^ fowling piece, or fire arms, within the limits of the city,
or s^ fire to, or discharge any rocket, cracker, squib or serpent,
or shall throw any lighted rocket, cracker, squib or serpent,
within the limits of the city, without the license of the common
council, provided that nothing herein contained shall apply to
military reviews or to the lawful use of weapons in self defense.
OFFENSES AND NUISANCES. 173
No. 500. (6.) It shall not be lawful for any person or persons shooting gaiio-
to erect, or in any manner establish or continue any pistol or
shooting gallery within the limits of the city of New Orleans,
without having j&rst obtained the consent of two-thirds of the
persons residing within one square of the place where any pistol
or shooting gallery is intended to be established, and the permis-
sion of the common council; and it shall be the duty of any
person or persons so establishing such shooting gallery, to have
the same so enclosed as to prevent the report of fire arms being
heard in the street or streets on which the same may be located.
No. 501. (7.) It shall not be lawful for any person or persons Drums, horns,
to beat a drum, or blow a horn, or sound a trumpet in any street
or public place within the limits of the city. Provided, that this
provision shall not apply to any militia or other procession, or to
those cases in which auctioneers are permitted to beat drums.
No. 502. (8.) It is unlawful to use indecent or vulgar indecent lan-
1 . i J. - 1.T 1 guage, nuisances,
language m any street, cemetery, public square, or levee, or etc.
other public place, or to commit any nuisance oiFensive to public
decency, in any public place or in any open lot, or on or under
any wharves.
No. 503. (9.) It is unlawful to abuse, provoke, or disturb Chariyaris. mask-
. . ' . ing,etc.
any person ; to make charivari, or to appear masked or disguised
in the streets, or in Sinj public place.
No. 504. (10.) No person on Mardi G-ras, or at any other Throwing flom,
time, shall throw flour or any other substance on any person
passing along the streets or any public place.
No. 505. (11.) No person shall make a violent noise or create Disturbances,
J.,, rr 'xi-T -L'^'i' intoxication, etc,
disturbance, or onense against public peace by intoxication or
otherwise. \
No. 506. (12.) All persons are forbidden and are prohibited Throwing offai,
from throwing or depositing any offal, filth, manure, feculant etc^' ^° " ^^^ ^'
matter, corrupt or putrid water or any shells, hay, straw, kitchen
stuff, paper, cloth or any matter of any kind which may be
offensive to the smell or injurious to the health, on any banquette,
street, alley, wharf or any public place, or in any gutter, drain or
canal, within the limits of the city. Provided, that ordinary
kitchen offal may be deposited in tubs, boxes, barrels or baskets
to be placed on the outside of the banquettes, convenient to be
taken by the offal carts on each morning in the summer, at or
before 8 o'clock, and in the winter at or before 9 o'clock.
No. 507. (13.) No person shall be allowed to keep or let Offai reaiainiug
remain within their yards or private alley, any of the articles or ° ^^^ ^' * ""
174 1 OFFENSES AND NUI8ANCBS.
\ things mentioned in the preceeding section, more than twenty-
\ four hours.
Deposit of foeted No. 508. (14.) It shall not be lawful for any person or
' * persons to deposit in any part of the city except at the nuisance
wharf, any manner of nuisance, manure, filth, offals or foetid
matter of what nature soever, and the parties offending and the
vehicle shall be arrested, and made subject to the fine hereinafter
mentioned.
Obstructing gut- No. 509. (15.) No pcrsou shall impede or obstruct the
passage or flow of water of any gutter, ditch, pipe, or drain, in
this city, or in any manner dam the same.
Taking earth '^q, 510. (16.) Evcrv pcrson who shall, without the consent
from 8treet8, etc. . .
of the street commissioner or surveyor, carry away, or cause to be
carried away, any earth from any street, square, public square,
public walk, or commons, shall pay the fine hereinafter stipulated.
See Xo, 66.
Riding horses on No. 511. (17.) It sliail iiot be lawful for any person or
tai'iTBtreet's. ^^^ pcrsous to ride on horse back, or to drive any horse or vehicle,
or to turn out any cattle, or in any manner or shape to exercise
the same in the centre of the following named streets — Canal,
Basin, Rampart, Esplanade or Claiborne streets, St. Bernard
avenue, or in Coliseum place, or in any public square. .
Hitching horses No. 512. (18.) It shall uot be lawful for any persou to hitch
on sidewalks. ^"^ or fasten any horse upon the sidewalk, or to hitch it in such a
manner and at such place that it may get upon a sidewalk, or to
ride or lead any horse over any sidewalk or banquette, except in
taking the same to and from the place where it is kept.
Washing horses No. 513. (19.) It shall be unlawful to wash horses or other
onpavem n ,e c. ^j^-^^^jg ^^ ^^^ sidcwalks of the city, or in any other place that
will incommodate the public.
Shaking carpets, No. 514. (20.) It shall be uulawful for any person or persons
iu'pubfic places^ ^^ hang up ou ti'ccs, posts or fences, or on lines suspended from
^^' either, or to spread upon the ground any articles of clothing or
bedding for the purpose of drying, or to shake carpets on any
public squares, streets, promenades or other public grounds
belonging to or under the control of the city.
Sale of groceries No. 515. (21.) It shall not be lawful to sell or offer for sale
in streets, etc. ^^^ article of groceries, by retail, in the streets of the city,
either in carts or otherwise,
gale of Tegeta- No. 516. (22.) All Vegetables, melons, potatoes, onions,
etc!' ^ ' ^^^^' fish; shrimps, crabs, crawfish, turtle and game, destined for the
OFFENSES AND NUISANCES. 175
daily supply of the city, shall be brought to the markets
established by law for the sale thereof, and all persons exposing
for sale any of said articles in the streets, or in other part than
at said markets during market hours, shall be fined as hereinafter
directed, and the said articles shall be seized and detained until
payment of the penalty.
See No. 432.
No. 517. (23.) Every person is forbidden to sell oysters in oysters.
this city from the first day of June until the first day of
September. It shall not be lawful to sell them in any of the '
city markets or opened from pirogues or other crafts, or deposit
them on the levee for sale, or to sell stale or bad oysters.
See No. 445.
No. 518. (24.) It is unlawful to form heaj^s of oysters on oyster?:
the sidewalk or on the streets, or in other houses than those
licensed to sell the same.
No. 519. (25.) Any person who shall strip naked for bathing, Bathing in public
or show himself naked, or in any indecent apparel, or shall P'^°*^'
bathe during the day light, in the river Mississippi, or in eithei-
of the basins, or any where publicl}^ within the limits of the
city, shall be arrested and fined as hereinafter directed.
No. 520. (26.) It shall not be lawful for any person or Hogs,
persons to keep a hog or hogs within the limits of the first
district between the river and CJalvez street, nor within the
second district between the river and Galvez street.
No. 521. (27.) No person shall keep or permit to run at Dog?,
large within the limits of the city, any dog which shall, by
barking, biting, running after persons, howling, or in any other
way or manner disturb the comfort or quiet of any person or
persons whomsoever.
No. 522. (28.) No owner of any animal afilicted with the Diseased animals
glanders or other contageous distemper, shall suiFer the same to
roam at large in any street, road, levee, or other public place
whatever.
No. 523. (29.) All persons are prohibited from selling on sale of liquors on
any vessel or flat-boat any beer, cider, wine or spirituous ^''*^®^''' ^*''-
liquors in quantity less than a barrel.
No. 524. (30.) Any person committing any of the off"euses penalty for vio-
or violating any of the provisions hereinbefore named shall be MOTi^ion?*^"*"^
fined not less than five nor more than twenty-five dollars, and if
176
OFrENSES iND NUISANCES.
Vitriol and aqua-
fortis.
Wild animals.
Burial of dead
animalf<.
False alarm of
fire.
Filling lots, stag-
nant water, etc.
Filling lots Tyith
manure, etc.
Penaltiee.
Immoral exhlbl-
ti0D8, etc.
the fine be not paid, lie sliall be imprisoned for ,a term not
exceeding ten days.
No. 525. Art. 2. — (1.) No person or persons shall have,
keep or possess within the limits of the city, any quantity of
oil of vitriol and aquafortis, unless it be kept in a place
approved by the mayor or surveyor, either under ground, in a
vault, or in a stone or brick building.
No. 526. (2.) No wild and ferocious animal shall be kept
within the limits of the city, on the premises of individuals, or
in manageries, unless such animal be under the charge of an
armed guard, day and night.
No. 527. (3.) Whenever any horse, mule, cow or other
animal die in the city, it shall be the duty of the owner or
keeper thereof, to bury or cause the same to be buried beyond
the precincts of the * city in a hole of sufficient depth ; and all
persons are forbidden to throw, deposite or leave in any street,
high road or public square, or other public way, lot or ground
whatever, or near the same, any dead animal or carrion, under
the penalty hereinafter named ; and the said offender sliall,
besides,, be liable for the payment of the expenses incurred by
conveying the said dead animal or carrion without the city, to
be buried in the manner aforesaid. And this duty shall be
performed without delay, under the direction of the street
commissioner.
No. 528. (4.) No person shall without reasonable cause,
make a false alarm of fire by outcry, ringing of bells or otherwise.
No. 529. (5.) No person shall suffer stagnant water to
remain on his premises or in any lot owned by him, and any
person who shall fail, after sixty days notice given to him by
the street commissioner, to fill up his said lot or premises so as
to cause the water to run oif in the streets and not on the
adjacent lots, shall be fined in the sums hereinafter mentioned.
No. 530. (6.) It shall be unlawful to fill up or partly fill
up any lot with manure or other offensive or deleterious matter.
No. 531. (7.) Any person or persons committing any of the
offenses or violating any of the provisions hereinbefore named in
this article, shall be fined not less than ten nor more than fifty
dollars, and in default of the payment of the penalty, he shall be
imprisoned not exceeding thirty days.
No. 532. Art.— (3.) No person shall exhibit or cause to
be exhibited in this city, any bull or bear fight or pugilistic
OFFENSES AND NUISANCES. 177
contest, or make any immoral exhibition or form processions for
the purpose of attending such exhibitions.
No. 533. (2.) No person shall keep a cock-pit, without cock.pits.
permission of the mayor, who may at any time revoke his per-
mission and close the same if order be not preserved.
No. 534. (3.) It shall not be lawful for any person or obscene papers,
persons to expose, circulate, offer for sale, sell \ or distribute Jfi" *' ^ '^ ^^^^'
within the limits of the city, any obscene, scandalous or libelous
book, print, newspaper, pamphlet, circular, or periodical carica-
ture, picture, drawing, statue or other object whatever, of any
immoral or scandalous nature, or calculated to excite scandal,
immorality or disturbance of the public peace or tranquility.
No. 535. (4.) No person shall break, deface or carry away Defacing, etc.,
any board or plate indicating the name of a street or the toM'^etr*'^'
number of a house, or deface, cut or iu any way wantonly injure
any monument, public building, or any other object destined for
public utility or decoration, or cut, damage or destroy any post,
sidewalk or other work belonging to the city, or cut or destroy
or damage the enclosures of any grave yard, tomb or monument,
or damage the tombs or fences, or trees or shrubbery of any
cemetery.
No. 536. (5.) No person shall sell, or offer for sale, or keep spoiled proTi-
exposed in any public place, any blown, stale, imperfect or un- °°^*
wholesome provision, or tainted meat or fish, or any animal which
has died of disease, or any impure or unsound food whatever.
See No. 427,
No. 537. (6.) No person shall fraudulently adulterate for AduiieTation af
the purpose of sale, any substance intended for food or any liquor ^°J ""** ^"°"*
intended for drink, or any drug or medicine with any substance,
or in any manner injurious to health.
No. 538. (7.) No person, unless authorized by the mayor, DUinterHag
street commissioners, recorder, or coroner, shall wilfully digv up, *>°^'®''' **^'-
disinter or cari'y away any human body, or the remains thereof,
or shall knowingly aid in such disinterment, or carrying away, or
shall be accessory thereto.
No. 539. (8.) All persons are forbidden to keep within the Keeping dam-
limits of the city or suburbs, any provisions that are spoiled or If^'^ vroyifiona,
damaged, or any articles whatever that are in a state of putrefac-
tion ; all persons possessing such provisions or articles, must throw
them or cause them to be thrown into the river.
No. 540. (9.) The mayor is authorized to prevent from being Landing of dam-
landed from any vessel, boat or craft, or from being introduced It^^ provisions,
23
lis
OFFENSES AND NUISANCES.
into the city, damaged Mdes, peltry, salt provisions, or other
damaged or infected articles, which may be injurious to the
puhlic health, and no person shall land, or bring into the city,
any article calculated to injure the health of the city.
Using & storing No. 541. (10.) No distiller, soap boiler, or chandler, or any
unwholesome ^ ^ . ■
liquors & goods, other person, shall keep within the city, any foul, tainted or
corrupted water or liquor, or shall store up tallow, grease, or other
matter in a state of putrefaction, or shall make use of such water,
liquor, tallow, grease, or other matter.
Offensive shops, ]^q^ 542. (11.) Whenever any workshop, manufactory, labora-
*te. tory, or other such establishment, situate within the city or suburbs,
exhales foetid or offensive odors or vapors, it shall be the duty of
the mayor to authorize the city physicians to carefully examine
the premises, and the said physicians may, should it appear to
them necessary, require the authority of the mayor to cause to
be opened to them the doors of any such workshop, or any
other establishment, as aforesaid, and should the said physicians
be of opinion that the said odors or vapors are of such a nature
as to vitiate the air, or to impair the salubrity, they shall make a
report of the same in writing to the mayor, who shall cause a
copy thereof to be served on every person concerned, together
with a notice that he is required to discontinue all works or
operations noxious to the public salubrity, within the term that
lie shall limit in the order given by him for that purpose. And,
at tl\e expiration of such term, every person who shall not have
complied with the said injunction of the mayor, shall pay a fine
hereinafter named, and moreover a fine of fifty dollars for every
month that lie shall refuse or neglect to comply with the
same.
structure of pri- No. 543. (12.) Evcry privy shall be at least three feet deep,
TIGS ^\,(*
' ' built of bricks laid in cement from at least one foot below the
surftice and raised at least one foot above the surface of the
ground, and shall be so situated as not to have an issue on the
street or public way, and said privy shall not be placed within
three feet of any public street or highway.
See Civil Code, Art. 691.
Privies. No. 544. (13.) Whenever any vault of a privy or hole, is
filled up to within one foot of the level of the soil, or surface
of the ground, with foetid or offensive matter, or whenever the
street commissioner shall consider any privy in a situation
injurious to the public health, the owner, tenant, or occupant
OPFENSES AND NUISANCB8. 179
of the house, building, or lot, on which said privy may be found,
phall cause the same to be emptied during the night, between
the hours of 11 ^ o'clock, P. M., and 4 o'clock, A. M., and the
feculent matter contained therein to be carried to the nuisance
wharf, and thrown into the river.
No. 545. (14.) It shall not be lawful to convey through Conveyance oi
\ , ,. /. T • \ t feculent matter,
any street or other public way of the city, or any suburb, any
closestool, tub, or other vessel, containing feculent matter,
except during the night, between the hours of 11 P. M., and
4 A. M., and then only in a manner least offensive to public
decency, and least injurious to public health ; and permission
must be previously obtained from the mayor or street com-
missioner.
No. 546. (15.) No proprietor, owner, or driver of a dray. Drivers, etc., of
cab, hack, or other vehicle whatever, shall use violence, or ^® ^^^^'
insulting language, or shall oppose an unlawful resistance to any
of his passengers or employers, or to any citizen. ,
See No. 911.
No. 547. (16.) Any person committing any of the offenses, penalties.
or violating any of the provisions herein before named in this
Article, shall be fined not less than twenty dollars nor more than
one hundred dollars, and in default of payment, shall be
imprisoned, not exceeding thirty days.
No. 548. (Art. 4.) In every case where minors or slaves Punishment of
violate an ordinance, the parents or guardians of the minors, and andTaTes"^'^*'^^
the masters of the slaves and apprentices shall be responsible
for the fine ; and when such persons refuse to pay the fine, the
minors shall be ^ sent to the house of refuge, and the slaves shall
be whipped — provided, no slave shall receive more than twenty-
five lashes for any offense named in this ordinance.
See No. 750, etc.
No. 549. (Art. 5.) In all cases in this ordinance, where an continuation of
act or omission is declared unlawful, its continuance, after notice ^5^°!® f^l ^^'
from the mayor or street commissioner, shall be deemed an **^^'
additional offense, and the offender shall be fined not less than
five, nor more than twenty-five dollars for every day he shall
continue to violate the provisions of this ordinance.
No. 550. (Art. 6.) It shall be the duty of all city ofiicers to Duty of cityoffl.
report and denounce, and it is the duty of the city attorney to ^®''®'
prosecute persons charged with violations of this ordinance.
180 OFFENSES AND NUISANCES.
RcpeaUng clause. No. 551. (Art. 7.) All Ordinances or parts of ordinances
conflicting with the foregoing provisions, are hereby repealed.
City Ordinance, No. 3121. Approyed Dec. 2, 1856.
For oflfensea relative to Auction Sales, see page 6.
" " Awnings, Sheds, etc., see page 11.
" « Balls, and Public Exhibitions, seepage 16.
<• « Basins and Canals, see page 32.
« '* Batture, see page 18.
" " Bread, Bakery, see page 13.
« " Buildings and Builders, see pages 26 and 27.
*f «' Burials, and Burying Grounds, see page 35.
" " Canals, see page 32.
•* " Chimneys, see page 41.
<( (' CoSee Houses, see page 44.
" " Cotton Presses, see page 84.
»« « Factories, etc., see page 89.
« " Fences, sec page 90.
«* " Fires, and their Prevention, see page 92.
'* " Fire Limits, see page 30.
«* •< Flatboats, etc., see page 110.
" " Forges, Foundries, Fire Engines, see page 118.
" *'■ Gun Powder, see page 114.
•* " Health, see page 120.
* " Hotels, etc., see page 131.
" " Lewd Women, see page 127, and Appendix.
" " Markets, see page 146.
" ." Pounds, see No. 589, etc.
" " Powder, see No. 347.
" *• Quarantine, see page 120.
'• " Quicklime, see No. 617, etc.
" *' Racing, and Fast Driving, see No. 90o.
" " Revenue, Taxes, Licenses, see No. 719, etc.
*' " Slaves, see No. 750, etc,
" •* Slave Marts, see No. 774, etc.
" " Slaughter Houses, see No. 252, etc.
•* " Smoke Houses, see No. 779.
" " Stables and Dairies, see No.'.780, etc.
" " Streets, etc., etc., see No. 814, etc.
*'* " Tanneries, see No. 252.
♦* " Taxes and Licenses, 719, etc.
" *• Trees, see No. 890.
" ♦* Vehicles, see No. 892, etc.
" " Wharfingers, see No. 961, 962.
" " Wharves, see No. 964, etc.
" " Wooden Buildings, see No. 95, etc.
STATE CONSTITUTION.
Art. 124. The citizens of the city of New Orleans shall have the right
of appointing the several public officers necessary for the administration
of the police of the said city, pursuant to the mode of elections which
bhall be prescribed by the Legislature ; provided, that the mayor and
recorders shall be ineligible to a seat in the general assembly ; and the
mayor, recorders, aldermen and assistent aldermen shall be commissioned
by the governor as justices of the peace, and the Legislature may vest in
them such criminal jurisdiction as may be necessary for the punishment
of minor crimes and offenses, and as the police and good order of said
city may require.
OFFENSES AND NUISANCES. 181
ACTS OF THE LEGISLATURE.
Sjec. 19. (22.) The city shall have power to impose and collect fines Fines and impri-
for the benefit of the city treasury, against all persons transgressing ^°°™*° *
their ordinances and regulations, and to imprison said transgressors in
case of non-payment of said fines : Provided, that said fines shall never
exceed one hundred dollars for each and every contravention ; provided,
paid imprisonment shall never exceed one month. — Acts of 1850, p. 164.
See Acts of 1816, page 94, sec. 2.
Sec 7. That it shall also be their duty to superintend and enforce Power to enforce
all laws of this State, and all laws of the city of New Orleans, for pre- SgS] Jo&*f
venting and removing all nuisances whatsoever in or upon the levee of leveee.
the city, within their respective districts. — Acts of 1855, p. 485.
Sec. 108. That each and every violation of this act, or of any ordi- All Tiolations of
nance or resolution of the common council of the city of New Orleans, d?iances°Qf ^the
which shall subject the person so violating the same, to a fine or penalty, common council,
shall be reported by any ofi&cer of said city, or by any resident of said ties to fine, to be
city, to the comptroller of said city ; and said comptroller shall make troller? °*^°°^P'
out a bill for said fine or penalty, and shall note the same in a book Said fines, how
kept for that purpose ; and shall deliver said bills to the treasurer ; and P'^o<=««<i*='i ^i^^*
the same shall be charged to said treasurer on the books of the comp-
troller, as cash received by said treasurer, to be accounted for by him.
Said treasurer shall deliver said bills to the assistant city attorneys and
take said attorney's receipt therefor. And the assistant city attorney
shall not bring suit for any fine or penalty incurred by any person or
persons, as aforesaid, except upon a bill therefor, delivered to him by
said treasurer. — Acts of 1850, p. 160.
Sec. 120. That all idle persons who, not having visible means to Definition of
maintain themselves, live without employment ; all persons wandering ■'^*8'^*°'^»
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 persons 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 ; ha-
bitual drunkards who shall abandon, neglect or refuse to aid in the
support of their families, and who may be complained of by their families,
shall be deemed vagrants.
Sec. 121. That it shall be the duty of any sheriff", constable, police- Adult vagrants,
man, or other peace officer, whenever required hy 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 confes-
sion of the off'ender, 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 elerk 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
182 OFFENSES AND NUISANCES.
commit sucli vagrant, if in the city of New Orlerns, 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. 122. That if any child shall be found begging for alms or solici-
treated. ^°^ *'^"S 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 such 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 city, and the child shall be there detained, kept, em-
ployed and instructed in such useful labor as he shall be able to per-
form, 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.
Who shall ba re- Seo. 123. That all persons apprehended with any picklock or other
^nd^s '^3*?*^^^'^^* instrument, with the probable intention to feloniously break and enter
persons, and how any dwelling house, or with any oflFensive weapon, with probable inten-
dealt with. tion to feloniously assault any person, or who shall be found in any
dwelling house, out-house, store yard or garden, 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.
Second offense, Sec. 124. That all persons who shall be convicted a second time of
how punished. ^^^ ^^ ^^^ offenses mentioned in the preceding section, shall be condemned
to imprisonment at hard labor for not more than three years not less
than six months.
Penalty for har- Sec. 125. That all persons harboring vagrants or suspicious persons,
boring Tagrants. ^.^Q^ing them to be such, shall upon conviction be fined in a sum not
exceeding five hundred dollars nor less than one hundred dollars. — Acts
of 1855, p. 149.
Penalty ifor cut- Sec. 109. That any person cutting, altering or breaking, without any
Jn" New Orleans! authority, or aiding and abetting any person in the act of cutting, alter-
ing or breaking without proper authority, levees, canals, or other works
made to protect the city of New Orleans from overflow, shall on ,
conviction be condemned to suffer imprisonment for a term not exceed-
ing ten years nor less than one year.
Carrying con- Sfip. 115. That whoever shall carry a weapon or weapons concealed
ccaled weapons. ^^ qj. about his person, such as pistols, bowie-knife, dirk, or any other
dangerous weapon, shall be liable to prosecution by indictment or pre-
sentment, and on conviction for the first offense shall be fined not less
than two hundred and fifty dollars nor more than five hundred dollars, or
imprisonment for one month ; and for the second offense not less than five
hundred dollars nor more than one thousand dollars, or imprisonment iu
the parish prison at the discretion of the court, not to exceed three months,
OFFENSES AND NUISANCES. 183
and that it shall be the duty of the judges of the district courts in this
State to charge the grand jury specially as to this section.— Acts of 1855,
p. 148.
Sec. 13. That whoever shall be guilty of assaulting and beating, Assault and bat-
wounding, short of maiming, or of falsely imprisoning any person, ^^^^y^^ jn,p„.gon.
shall on conviction thereof, suffer a fine or imprisonment, or both at the ment.
discretion of the court.
Skc. 14. That whoever shall be guilty of assaulting any free white AesftuU.
person, shall suffer fine not exceeding one hundred dollars, or impris-
onment not exceeding three months, or both at the discretion of the
court.
Sec. 1G. That whoever shall be guilty of an affray, on conviction Aflfray.
shall be punished by fine or imprisonment, or both, at the discretion of
the court.— Acts of 1855, p. 131.
Sec. 31. That whoever shall wantonly or maliciously kill any horse, Malicious killing
mule or jackass, or any beast of the cow or hog kind, or a dog, tlie ^a^"**^'^ "^''
property of another person, shall be fined in a sum not exceeding two
hundred dollars, or imprisoned not exceeding six months, and shall pay
to the owner the value of the animal killed.
Sec. 32. That whoever shall, wantonly or maliciously, cruelly beat. Beating or maim'
maim or disable any of the animals specified in the foregoing section, "^ »°'™" ^•
shall be fined not exceeding one hundred dollars, or imprisoned not
exceeding one month, and shall pay to the owner any damage he may
sustain in consequence thereof. — Acts of 1855, p. 133.
Sec. 95. That whoever shall keep a banking game or banking house, Banking games
at which money, or any thing representing money, or any article of ^'^ ^banking
value shall be bet or hazarded, or shall aid or assist in keeping one,
shall, on conviction, for the first ofiense, be fined not less than one
thousand, nor more than five thousand dollars ; and on conviction of a
second offense, not less than five thousand nor more than ten thousand
dollars, and be imprisoned at hard labor for not less than one, nor more
than five years.
Sec. 96. That the fines imposed by the preceding section, shall, j-jngg^ ^ow dis-
when collected, be paid one half for the use of the parish in which tlie P°^®^ '^^•
offense is committed, and the other half to the Charity hospital of New
Orleans.
Sec. 97. That all persons engaged in gambling, where no current Ganabling with
money is actually exhibited or employed, but where, in lieu thereof, repregentativeT
pieces of bone or any other material or substance, being the represen- of money,
tative of money, by virtue of any express or tacit understanding among
the parties engaged in gambling, and all persons engaged in playing *
or^betting for or against such game, shall be deemed and taken to be
within the prohibitions of the preceding sections ; and all persons
engaged therein, shall be liable to all the penalties therein provided
against gambling houses and bankiog games.
Sec. 98. That it shall be lawful for any public officer, or other person, Persons offend-
to arrest and take into owjtody any person keeping oi* playing any jjfy ll ^esTed.
184 OFFENSES AND NUISANCES.
banking game, or aiding or assisting therein, to'gether with all the
tables, money, representatives of money, implements and other parar
phernalia which may be used in keeping such banking houses, or in
playing such banking game, and take, or cause them to be taken before
any committing magistrate, who shall commit such persons for trial if
upon a hearing there be sufiicient cause therefor.
It shall be the duty o^ the officer committing such offenders, to take
an inventory of all money, or its representative, tables or other
implements, or paraphernalia, that may be seized and brought before
him, all of which shall on conviction, be forefeited, one-half for the use
of the charity hospital of New Orleans, the other half for the use of the
parish in which the offense is committed.
Carrying con. Sec. 99. That when any officer has good reason to believe that
cealed weapons. ^^^ person has weapons concealed about him, on proof thereof being
made to any justice of the peace, by the oath of one or more credible
witnesses, it shall be the duty of such justice of the peace to issue a
warrant against such offender, and have him searched, and should he be
found with such weapons, to bind him over to keep the peace of the
State, with such security as may appear necessary, for one year ; and
on his failing to give good and sufficient security, he shall commit such
offender to prison for any time not exceeding twenty days. He shall
also be bound to appear before the district court to answer the charge.
—Acts of 1855, p. 145 and 14C>.
See generally, Acts of 1855. p. 130, 893, 894, 3G8.
DECISIONS OP srPRKME COURT.
1. — The council have the power to remove, as nuisances, buildings,
which encroach on the line of the street, 1 M. 187 ; and to abate
nuisances, such as sheds built upon the levee or public grounds, 4 M.
10 ; and remote private liospitals when they become nuisances, 5 N. S.
409 ; and to cut adrift crafis or otherwise remove them as nuisances,
when they remain at a particular portion of the port longer than the
time stipulated by ordinances, 8 N. S. 549 ; and to prohibit the sale of
oysters except at certain stands, 2 La. 219 ; and to demolish works and
buildings in certain cases when they are nuisances, C La. 563 ; N. 8.
293 ; () 11. K. 349.
2. — The power to abate nuisances is a portion of police authority
necessarily vested in the corporations ef all populous towns. A reso-
lution of the council directing a city officer to abate a particular
nuisance, under a general ordinance, is legal and cannot be assimilated
to an ordinance inflicting a fine or penalty upon a particular individual.
—10 Ann. 227.
3, — The city has the power of enacting ordinances to prevent nui-
sances and to provide for the preservation of public decency.-^5 Ann.
747.
4. — The fine, which a municipal corporation is authorized to recover
for the violation of its ordinances, is a penalty in the nature of liqni-
OFFICES AND OFFICERS. 185
dated damages, and established, as such, in lieu of the damages which
a court would be authorized to assess in place thereof. — 4 Ann. 335.
6. — An ordinance directing a particular soap factory to be removed
within a certain time, and imposing a fine on the parties in case of
nonremoval, is illegal and cannot be enforced. The imposition of fines
must be by ordinances of a general character, operation and effect. —
3 Ann. 688.
6. — Any work or establishment which obstructs the free use, which
inhabitants and strangers have a right to make, of public places, such
as roads and banks of the river, is a nuisance and may be abated by
the police authorities of the place.— 4 M. 2 ; 3 La. 666 ; 6 R. R. 349.
7. — An injunction will lie at the suit of any proprietor, in a city, to
resrtain the erection of buildings by an individual on public places, 11 M.
620. An injunction will issue to compel the removal of an obstruction
in a common way, 7 R. R. 442 ; and the burning of a kiln may be pre-
vented by injunction. — 2 Ann. 773.
8. — The municipal authority of the city, has no power to impose a
penalty on that which the law of the State has made punishable as an
offense. — 7 Ann. 651.
9, — Individuals have the right to sue for the abatement of a nuisance.
—10 Ann. 431 ; 2 Ann. 770 ; 11 M. 620.
10. — A cemetery is not necessarily a nuisance; special circumstances
are requisite to make it such. — 10 Ann. 431 ; 11 Ann. 244.
For other decisions, see "New Orleans," "Revenue," "Streets,"
" Wharves."
OFFICES AND OFFICERS.
No. 552. That the street commissioner and all the police instructions of
officers of the city be, and they are hereby authorized and required
to execute and enforce all orders and instructions that may be
issued to them respectively by the board of health through its
proper officers, in pursuance of the act of the legislature, approved
15th March 1855.
City Ordinance, No. 2295.
No. 553. Whereas, by the several officers of the city report- Reprrts of vioU.
Til . 1 1 • 1 i **o"3 of ordi-
mg persons directly to the assistant attorney to be sued without nances.
24
186 OFFICES AND OFFICERS.
any general registry of said suits being kept, much confusion ex-
ists and is liable to arise — therefore,
Be it Resolved, That it shall be the duty of the commisioner
on streets, and other officers of the city, instead of reporting per-
sons for violation of the ordinances directly to the assistant attor-
ney for suit, to report the same to the comptroller, specifying in
said report the name and residence of the party, the oifense, and
the witness by whom it is to be proven.
That it shall be the duty of the comptroller to copy said report
in a book prepared for that purpose, and as soon as this registry
has been made, to send a copy of it to the assistant attorney, with
instructions for him to take the necessary steps to see the ordi-
nance enforced.
City Ordinance, No. 2365.
To report per son 8 No. 554. It shall be the duty of all the officers of the city,
without licences. - ^^ n ■, »^ /. / . . , i
and especially oi the omcers of the street commissioner s and po-
lice department, to report to the treasurer the names of all persons
carrying on any trade or profession without having obtained a
license therefor.
City Ordinance, No. 2324.
Paration of office j^j^q. 555. All officers elected by the common council, whose
term of office is not expressly provided for by law, shall hold
their respective offices during the pleasure of the council.
City Ordinance, No. 2S47.
Not to contract jj^o. 556. From and after the passao^e of this ordinance it
for or purchase '^ ^
materials. shall not be lawful for any officer of this city, either to contract
for the performance of any work, or to purchase material of any
description whatever, unless a special resolution of the council be
first passed, giving authority for making such purchases or enter-
ing into such contract, except in cases of emergency, which shall
be reported to the mayor, who, on the report of estimates, etc., from
the surveyor, shall authorize such contracts or expenditures to
be made.
City Ordinance, No. U94.
See No. 2.35.
Cah and cartiftge No. 557. That all ordinances and resolutions which have
been passed by either the late first, second or third municipalities,
also the city of Layfayette, allowing public officers or city officers
OFPICES AND OPFIOERS. 187
to employ cabs or carriages or any vehicle for the use of the city
or otherwise, be and the same are hereby repealed.
City Ordinauce,No. 1355.
No officers sball insure eto., gee No. 389.
For bonds aud sureties to be given, see page 24.
Their duty relating to Offenses aiid Nuisances , see No. 659.
See "Salaries," No. 74S.
*3ee ''Mayorj" -'Comptroller," •'Treasurer," etc.
STATE CONSTITUTION.
Art. 90. Members of the general assembly, and all officers before
they enter upon the duties of their offices, shall take the following oath or
affirmation:
"I, (A. B ) do solemnly swear (or affirm) ihat I -will support the con-
stitution of the United States and of this State, and that 1 will faithfully
and impartially discharge and perform aU the duties incumbent on me as
, according to the best of my abilities and understanding, agreea-
bly to the coustitution and laws of the United States, and of this State ;
and I do further solemnly swear ( or affirm ) that since the adoption of
the present constitution, I, being a citizen of this State, have not fought
a duel with deadly weapons within this State, nor out of it, with a citi-
zen of this State, nor have I sent or accepted a challenge to tight a duel
with deadly weapons with a citizen of this State, nor have I acted as
second in carrying a challenge, or aided, advised or assisted any person
thus offending, so help me God "
Art. 92. Every person shall be disqualified from holding any office of
trust or profit in this State, who shall have been convicted of having
given, or offered a bribe, to procure his election or appointment.
Art. 93. Laws shall be made to exclude from office, and from tho
right of suffrage, those who shall hereafter be convicted of bribery, per-
jury, forgery, or other high crimes or misdemeanors. The privilege of
free suffrage shall be supported by laws regulating elections, and prohib-
iting under adequate penalties, all undue influence thereon, from power,
bribery, tumult or other improper practice.
Art. 124. The citizens of the city of New Orleans shall have the right
of appointing the several public officers necessary for tho administration
*The following is a complete list of City Officers : — Mayor and Deputies ;
four Recorders and Deputies; four Assistant Recorders; one Treasurer
and Deputies; one Comptroller and Deputies; one Street Commissioner
and Deputies; one Surveyor and Deputies; a Board of Assessors, and a
Board of Supervisors of Assessors; City Attorney; City Assistant Attor-
ney ; Wharfingers of 1st and 4th Districts; Wharfinger of 2d and 3d Dis-
trict; four Assistant Wharfingers; four Pound Keepers; two Secretaries
of Council; Sergeant at Arms; City Porter ; Sexton 4fh District; Police
Officers; Commissaries of Markets; Harbor Masters and Master and
Wardens of the Port ; School Directors and Teachers ; Commissioners of
Houses of Refuge and of the McDonongh estate, and Officers of the vVork
House.
188 OFPIOES AND OFFICERS.
of the police of the said city, pursuant to the mode of elections which
shall be prescribed by the Legislature ; provided, that the mayor and
recorders shall be ineligible to a seat in the general assembly ; and the
mayor, recorders, aldermen and assistent aldermen shall be commissioned
by the go\ernor as justices of the peace, and the Legislature may vest in
them such criminal jurisdiction as may be necessary for the punishment
of minor crimes and offenses, and as the police and good order of said
city may require.
Art. 125. The Legislature may provide by law in what case officers
shall continue to perform the duties of their offices until their successors
shall have been inducted into office.
See Constitution, Art. 126.
ACTS OF THE LEGISLATURE.
Executive power Sec. 6. That the executive power of the city of New Orleans shall
«ciy. -^^ vested in one mayor, four recorders, one treasurer, one comptroller,
one surveyor, one street commisbioner, a board of assessors, and a board
of supervisors of assessments, together with such other subordinate offi-
cers for preserving the peace and good order of said city as the said com-
mon council may deem necessary.
Qualifications of Sec. 7. That the qualifications of the mayor, recorders, aldermen and
"iderm "'''and"' assistant aldermen shall be the same as are required for members of the
assistant alder- house of representatives in the general assembly of the State, and said
officers shall have attained the age of thirty years, and shall have been
citizens of the State for ten years, and for five years resident of the city''
of New Orleans, and, with the exception of the recorders, shall be the
owners of assessed taxable property to the amount of three thousand
dollars in the city of New Orleans.
Time and man- 3ec. 8. That the election of mayor, comptroller and street commis-
mayor *comptro°i- ^ioner shall take place every two years, on the first Monday of June.
Jer, street com- The election of recorders shall take place every two years, and of one
corders & alder- class of the aldermen shall take place on the first Monday of June every
™h°' offic s year. The mayor, comptroller and street commissioner shall be elected
shall entp.r on by general ticket, the recorders by district ticket, and mayor, comptroller
and street commissioner, recorders and aldermen, shall enter upon the
duties of their office on the third Monday of June following their election.
Recorders' dis- The recorders' districts shall be the same as provided by section second
*"°*- of this act.
Qualification of Sec. 10. That the qualification of voters for mayor, recorders, al-
^° ^®" dermen and assistant aldermen shall be the same as are prescribed by
the constitution of the State for the election of representatives in the
general assembly of the State.— Acts of 1856, pp. 137, 138.
Oath of office of Sec. 17. That the mayor and all other officers elected or appointed
m&yoT and other ^^y virtue of this act shall, before they enter upon the duties of their said
offices, respectively take and subscribe the oath prescribed by article
ninety of the constitution of the State, and also the further oath that they
posess the qualifications prescribed by this act ; which oath shall be taken
OFFICES AND OFFICERS. 189
by the mayor before a judge or justice of the peace of New Orleans, and
by the other officers respectively before the mayor.
Sec. 21. That no member of the common council shall hold any other Members of corn-
employment or office under the government of New Orleans while he is a "n"ed"tVom'hoS-
member of said council ; and no member of the common council, or any i"K certain offices
/v. n 1 . , , , .,.■,. , . and from being
officer of the corporation, shall be, directly or indirectly, interested in interested as
any work, business or contract, the expense or price or consideration of [y Vn certairi^con-
which is paid from the city treasury, or by an assessment levied by an tracts,
ordinance or resolution of the common council ; nor be the surety of any
person having a contract, work or business with said city, for the
performance of which security may be required.
Sec. 24. That the common council shall, in the month of July next, Election of trea-
and every two years thereafter, elect, viva voce, in joint meeting, a traes- |uorDey"nd^as^
urer, a surveyor, an attorney, and one assistant attorney; said officers sistant attorney,
shall enter upon their several offices on the first Monday of August fol- When they shall
lowing, and shall hold the same until their successors are qualified, pro - ^° ^^^° °®°®*
vided that at the first election the comptroller shall be elected for only one
year. The present comptroller, treasurer, street commissioner, surveyor,
city attorney and assistant city attorney, shall hold over until the first
Monday in July next, or until their successors are qualified. — Acts of
1856, pp. 140, 141.
Sec. 32. That in all cases where the mayor, comptroller, treasurer, Officers to sign in
or any other officer of the city, is required by this act to sign any account, ^ritiog.'^'^ ^^°^'
warrant, order, check, receipt, bond, document, or other paper, said
signing shall be made in his own proper hand writing ; and in no case
shall said officer use a stamp, or types, or any engraved instrument for
that purpose. — Acts 1856, p. 146.
Sec. 125. That the common council shall organize the departments, Organization of
of comptroller, treasurer, surveyor, street commissioner and city attorney, partmentriby the
regulate the number of clerks and other officers to be employed by each common council,
department, and fix the salaries of such clerks and officers ; said clerks
and officers shall be appointed by said comptroller, treasurer surveyor,
street commissioner and city attorney, respectively, by and with the
advice and consent of the board of aldermen; but said clerks and officers Officers may be
may be discharged by said comptroller, treasurer, surveyor, street comptroUer,^etc.
commissioner, or city attorney, respectively, at pleasure ; and in case of
the discharge of any clerk or officer by said comptroller, treasurer,
surveyor, street commissioner, or city attorney, the fact of said discharge
shall be communicated to the board of aldermen at its first meeting
thereafter, together with the cause thereof.
Sec. 126. That the common council shall fix the compensation of the Compensation of
services of every officer of the city or of the State, whose said services 0^^^". how
fixed.
are, by law, to be paid by the city of New Orleans.
Sec. 127. That it shall not be lawful for the common council to Salary or com-
increase the salary or compensation of any officer, during the term for Kcm°ed?' *°
which said office has been elected ; nor permit the compensation of any
190 OPPICIAL PAPER — NEWSPAPERS, ADVERTISEMENTS, ETC.
salaried officer to be increased by allowing iiim any fees for the per-
formance of any duty imposed on him by this act, or by said common
council.
Powpr of re- Sec. 128. That in addition to the power of removal by -R-ay of im-
peachment, the common council shall have power to remove, at any time,
from office, any officer of the corporation, elected by said council, by
resolution declaratory of its want of confidence in said officer; provided
that two-thirds of the members elected to each board of said council shall
vote in favor of said resolution.
Who Phnll dip- Sec. 129. That if at any time the election of mayor, or of one or
of cify ^offlcew'^'^ ^°''® °^ ^^^ aldermen, assistant aldermen, or other public officer of tho
when the election city of Ncw Orleans, shall be annulled orsetaside forany cause whatever,
is 8et aside, until rY> i n i i
«ucces8or8 are the incumbent of the office shall nevertheless continue to fulfil its duties
chosen. ^^^^^ ^ successor shall have been duly elected or appointed, and qualified
as required by law.
Right to office, Sec. 130. That the right of any mayor, recorder, or other officer of
how tested. ^^^ ^j^^ ^^ ^^^ Orleans, to fill the office held by him, may be tested at
any time, by any citizen, by a writ of quo wairanto, which bhall be tried
as summarily as possible, both in the inferior and appelate courts.
Bond and Fecu- Sec. 1B2. That the common council of New Orleans shall have power
nished'by^offlcers to require bond and security from all persons holding any office of trust or
emolument in the city administration, for such sum as it may de^m
proper.— Acts of 1856, p. 166.
An Act to prevent Aliens from holding office.
Section 1. Be it enacted by the Senate and House of Representatives of
Who may hold the Slate of Louisiana in General Assembly convened, That no person
office. gjjj^n y^Q^^ j^^y office, either civil or military, within the State, unless he
be a native or naturalized citizen of the United States. — Acts of 1855,
page 36.
See Acts of 1855, page 350, and page 326.
OFFICIAL PAPER— NEWSPAPERS, ADVERTISE-
MENTS AND CITY PRINTING.
An Ordinance concerning the official journal, fixing the time for electing
and regulating the printing to be done by said official journal.
Official journal No. 558. (1.) Be it ordained, That the common council
anaua y ^^ ^^^ ^^^^ ^^ ^^^ Orleans shall annually, in joint session, by
viva voce vote, in the month of July, elect an official journal,
which journal shall be a newspaper published at least six times a
week in the city of New Orleans.
OFFICIAL PAPER — NEWSPAPERS, ADVERTISEMENTS, ETC. 191
No. 559. (2.) In said official journal shall be published all ordi- what published,
. . Ill Ml compensatioD,
nances and resolutions passed by the common council, the pro- etc.
ceedings of each board, except secret proceedings, all printing
emanating from the mayor, comptroller, treasurer, street com-
missioner, recorders, surveyor, committees of the common coun-
cil, notices to delinquent tax payers made by the clerks of the
district courts, justices of the peace and recorders, notices of
election by the sheriff of the parish of Orleans, or by the mayor
of the city, or from all and every other officer of the city, print-
ing for the board of commissioners for whose bills the city is
liable, and all petitions addressed to either boards by parties
praying for the opening or widening of streets, making new
banquettes, paving, etc., as required by sections 119, 120, and
121 of the city charter; also, all notices or publications emana-
nating from the board of assessors and supervisors, and all other
publications or notices that may be required by the common
council, or which by law are required to be made in the official
journal of the city, except the board of public schools, who are
authorized as far as it is in the power of the common council to
authorize them, to contract or bargain for their own printing; it
shall include all printing of whatever kind that is to be done in
one or more newspapers, and payment thereof shall be a finality
and settlement in full of all bills for all the printing done for
the year for which said journal is chosen, except the printing of
forms and blanks, which is made the subject of another contract.
And for the publishing of all of the above, the said journal shall
be entitled to twenty cents per square of ten lines nonpareil type.
No. 560. (3.) The newspaper chosen as the official journal NoHce of accept,
shall be bound, if it accepts the appointment, to give due notice °°*^**
thereof to the mayor within two days after notification of the
same.
(4.) All officers and boards of commissioners having matter
to be printed under the class mentioned in section second of this
ordinance, are directed to hand the same into the office of the
comptroller, there to be comptrolled and registered; and it is
hereby mad<^ the duty of said comptroller to register, approve
and take account of the same under such rules and regulations
as may from time to time be imposed by the common council or
committees on finance. And the city is hereby declared not to
.be liable for any bills for newspaper printing, unless they are so
comptrolled and registered, except such as emanate from the sec-
retaries of boards of aldermen and assistent aldermen^
192 OFFICIAL PAPER — NEWSPAPERS, ADVERTISEMENTS, ETC.
Bond & security. No. 561. (5.) The official journal elected under the first sec-
tion of tliis ordinance shall furnish bond and security in the sum
of five thousand doJlars for the faithful performance of its con-
tract, and all payments for printing done by the official journal
shall be made monthly.
Proceedings of No. 562. (6.) That it shall be the duty of the printer to
the council when , ^ -^ , *' ^
published. publish the proceedings of the common council within forty-eight
hours after said proceedings shall have been delivered to him by
the secretaries of each board.
City Ordinance, No. 2866. ApproTed July 10th, 1856.
Advertisements. No. 563. From and after the passage of this resolution, the
city of New Orleans will not pay for advertisements published in
any other newspaper than the official journal, except such as the
law requires should appear in more than one paper.
City Ordinance, No. 1220.
What to be pub- No. 564. The proceedings of each board shall consist of a
lished as proceed- , . ^ , ,
ings of council, list 01 the members present, account of the contents of the com-
munications of the city officers, an abstract of all reports of com-
mittees, and a condensed statement of the substance of petitions
presented — except when such are ordered to be published at
length — resolutions and ordinances offered and adopted, and the
ayes and nays thereon, with the names of the members voting
for or against, when the same shall contemplate any , specific
improvement or work, or the sale, disposition or appropriation of
public property or the expenditure of public moneys or incomes
therefrom, or lay any tax or assessment; provided, that when
any report, petition or communication be made in duplicate to
the board of aldermen and assistant aldermen, and the substance
of the same be made public in the proceedings of the board first
taking cognizance of the same, it shall not be published in the
proceedings of the other, except by special order, but be referred
to as published in the proceedings of — board of — date.
City Ordinance, No. 4474, Section 3.
Election & legal No. 565. From and after the passage of this ordinance it
shall be the duty of the sheriff to advertise all election or other
notices in the official journal only, and that this ordinance shall
also apply to all the city officers, and shall comprehend all kinds
of advertising for which the city may be held liable.
City Ordinance, No. 2221.
Blanks, job print. No. 566. (1.) From and after the passage of this ordi-
nance, it shall be the duty of the comptroller of the city, on the
notices.
ing, etc.
OFFICIAL PAPER — NEWSPAPERS, ADVERTISEMENTS, ETC. 193
4tli Monday of April of each year, to adjudicate at public auction
and to the lowest bidder, the contracts for furnishing printed
forms and blanks, and for job printing required by the various
departments and officers of the city government, after giving
notice of such adjudication in the official journal of the common
council during five days previous thereto ; and that the said con-
tracts shall be divided as hereinafter provided.
No. 567. (2.) That the first contract shall be for the print- Nature of con-
ing and furnishing of all forms, blanks and other job printing
which may be required by each of the recorders of the city, in
the discharge of the duties of his office ; that the second con-
tract shall be for the printing and furnishing of all forms, blanks
and other job printing which may be required by the treasurer,
comptroller, surveyor and street commissioner in the discharge of
the duties of their offices; and that the third contract shall be for
the printing and furnishing of all forms, blanks and job print-
ing which may be required by the mayor, the several boards of
school directors, and by any and all other officers and employees
of the city government in the discharge of the duties of their
offices, unless otherwise specially provided for.
No. 568. (3.) That it shall be the duty of the comptroller Comptroller's
to obtain from each of the aforesaid officers, boards and em- ^ ^'
ployees, as far as practicable, correct copies of all such blanks,
forms and other matter to be printed, as may be required in the
duties of their several offices ; and that said copies shall be ex-
posed in his office for examination and inspection by all persons
who may desire to bid for said contracts, during the time of
the publication of said notice.
No. 569. (4.) That separate bids shall be made for each of Thobida
said contracts; and that the bids shall be for the price per ream
at which each and every size of the blanks, forms, and other
printed matter Required in said contracts, will be furnished and
printed by the party bidding; and that the party to whom any
one of said contracts may be adjudicated shall forthwith furnish
good and sufficient surety, to be approved by the finance com-
mittees of the common council, in the sum of $2,000, for the
faithful performance of the contract.
No. 570. (5.) That immediately after the final passage and Printing for 1868.
publication of this ordinance, the comptroller shall proceed to
25
194 OmCIAL PAPER, ETC.
sell, after advertising, during five days, the contracts for the
printing, etc., as hereinbefore provided, for the year, to end on
the 4th Monday of April, 1863.
Duty of certain No. 571. (6.) It shall be the duty of the four recorders and
the four superintendents of the public schools, to confer with the
comptroller previous to ordering the blanks, etc., so that there
shall be uniformity in said blanks throughout the departments
mentioned in this article.
City Ordinance, No. 19. Approved, 8th May, 1852.
Newspapers. No. 572. (1.) One copy of each newspaper, published in
the city of New Orleans, shall be furnished to the mayor's office,
board of aldermen and board of assistant aldermen, and that it
shall be the duty of the secretaries of said offices to keep said
newspapers regularly on file as part of the public archives of the
city.
Newspapers. No. 573. (2.) The official journal only shall be furnished to
each officer in the city hall; all said papers to be chargeable to
the city ; and that all ordinancas or resolutions, regulating the
number of papers which shall be supplied to the various offices,
be and the same are hereby repealed.
City Ordinance, No. 2267.
Prencii and En- No. 574. That all noticcs and advertisements of ev6ry kind,
ghsh notices. required to be published in French and English, emanating from
either department of the city government, shall be furnished by
said department in manuscript in French as well as in English,
to the official journal, or such paper as they be published in.
City Ordinance, No. 806. Approved, 18th April, 1863.
For keeping of papers as archives, see No. 2.
Selling obscene and libellous papers, see No. 534.
For paving petitions, see No. 193.
STATE CONSTITUTION.
Art. 106. The press shall be free. Every citizen may freely speak,
write and publish his sentiments on all subjects ; being responsible for
an abuse of this liberty.
See act 1855, page 47, section 19.
OEDINANOES. 195
ORDINANCES.
No. 575. (1.) That Henry J. Leovy, Esq., be and lie is Appointment of
hereby authorized and empowered to print and publish in book '
form, the general ordinances of the city of New Orleans, after his
jprojet of the same shall be submitted to and adopted by the
finance committees of the common council. That the work shall
be alphabetically arranged with marginal and reference notes and
a full index, together with the decisions of the supreme court and
existing statutes pertaining to the city government.
No. 576. (2.) That where he shall discover conflicting ordi- To frame ordi-
nances on the same subject-matter, he shall frame uniform
ordinances and submit them to the finance committees for the
action of the common council.
No. 577. (3.) That for the said service the city shall pay the compensation for
said H. J. Leovy, the sum of five hundred dollars. J^^^jjs ordi-
No. 578. (4.) That the city shall not be responsible for copies to be
printing, binding, or for any other expenses connected with the c?ty!^ ^
publication of the said work beyond the sum aforesaid, but the
city binds itself to take for its own use, three hundred copies of
the said work at five dollars a copy, when the same shall have
been fully completed, printed and bound in the manner aforesaid,
and on delivery to the comptroller.
Amended. See No. 579.
(5.) That the printing and binding of said general ordinances Printing, etc.
shall be done in accordance with specimens of said work to be
furnished by the committees on finance of the common council.
City Ordinance, No. 2950. Approved August 2d, 1856.
No. 579. Resolved, That section 4th of ordinance No. 2950, Amending No
relative to revising and publishing the ordinances, be amended so ^'^^'
as to read as follows :
That the city shall not be responsible for printing, binding, or
for any other expenses connected with the publication of the said
work beyond the sum mentioned in section 3d; but the city binds
itself to take for its own use five hundred copies of the said work,
at five dollars a copy, when the same shall have been fully com-
pleted and bound as required by ordinance No. 2950, and on
delivery to the comptroller.
City Ordinance, No. 3200.
196 ORDINANCES.
Repeal of certain No. 580. That all resolutions of tlie three municipalities of
New Orleans^ and of the late city of Lafayette, and of the consoli-
dated city of New Orleans, approved prior to the first of January,
1855, appropriating money, are hereby repealed. Provided that
nothing herein contained be construed to impair the validity of
contracts entered into by the city.
City Ordinance, No. 1986. Approved Feb. 7th 1855.
The Mayor to Bend copies of ordinance to persons interested, see No. 486.
ACTS OF THE LEGISLATURE.
Veto power of Sec. 27. That all ordinances and resolutions, after having been
mayor. passed by both boards of the comn-on council, shall be transmitted to
the mayor for his consideration, who, if he shall approve thereof, shall
sign and publish the same , and such ordinances and resolutions shall
thereupon have the force of law. But if the said mayor shall disap-
prove of any ordinance or resolution transmitted to him as aforesaid,
he shall, within five days from the time he received it, return the same
to the board in which it originated, with his objections in writing, and if
Powerofcommon two thirds of the members elect to each board shall adhere to said ordi-
ordioances and nance or resolution, notwithstanding said objections, then, and not
wUhS,andiD^^°ob- Otherwise, the said ordinance or resolution shall after publication
jections of the thereof, have the force of law; provided, always, that if the said mayor
^ '^' shall not return any ordinance or resolution, transmitted to him as.
aforesaid by said common council, within five days after it shall have
been received by him, then he shall be deemed to have approved the
same and it shall have the same force and effect as if approved and
signed by him. — Acts of 1856, p. 142.
All violations of Sec. 108. That each and every violation of this act, or of any ordi-
d?nances°of ^tb'e nance or resolution of the common council of the city of New Orleans,
common council -which shall subject the person so violating the same, to a fine or penalty,
ties to fine, to he shall be reported by any officer of said city, or by any resident of said
trolle?'^ ^"^ ^^'"^ city, to the comptroller of said city ; and said comptroller shall make
Said fines, how out a bill for said fine or penalty, and shall note the same in a book
procG^d^d "witli
kept for that purpose ; and shall deliver said bills to the treasurer ; and
the same shall be charged to said treasurer on the books of the comp-
troller, as cash received by said treasurer, to be accounted for by him.
Said treasurer shall deliver said bills to the assistant city attorney, and
take said attorney's receipt therefor. And the assistant city attorney
shall not bring suit for any fine or penalty incurred by any person or
persons, as aforesaid, except upon a bill therefor, delivered to him by
said treasurer. — Acts of 1856, p. 160.
DECISIONS OF THE SUPREME COURT.
1. — By-laws and ordinances of a municipal corporation are not to receive
the same strict scrutiny as penal statutes, where they inflict fines
as penalties for their contravention. The fines, which a municipal
ORDINANCES. 197
corporation is authorized to recover for the violation of its ordinances, is a
penalty in the nature of liquidated damages, and established as such in
lieu of the damages which a court would be authorized to assess in place
thereof.— 4 Ann. 335.
2. — An ordinance imposing a fine ia a penal enactment, and must be
general in its operation. It may impose fines on persons carrying on
offensive trades in a certain street or suburb, where they^ would be
injurious to the public health ; but an ordinance designating one indivi-
dual, or one establishment, and subjecting the owners to punishment, is
contrary to common right. — 4 Ann. 30.
3. — But a resolution of a common council directing a city officer to
abate a particular nuisance under a general ordinance, is legal, and
cannot be assimilated to an ordinance inflicting a fine or penalty upon
a particular individual. — 10 Ann. 227.
4. — The common council is fully empowered to enact ordinances and
adopt measures of police, for preserving the health and promoting the
comfort, convenience and general welfare of the inhabitants. — 10 Ann. 227.
6. — The council elected for 1851, was incompetent to impose
a tax for a past year. The statute of 18th March, 1850. designed that
the taxing power of the council should be exercised prospectively. A
by-law of a corporation, which is contrary to a law of the State, is void ;
where the law enables a corporation to make by-laws in certain cases
and for certain purposes, its power of legislation is limited to the cases
and objects specified, all others being excluded by implication. —
9 Ann. 44.
6. — The ordinance of 19th March, 1834, which makes it unlawful
" to build any stable, etc.," in the interior of the city, or any of the
incorporated suburbs, cannot be construed to apply to such additions to
the limits of the city as subsequent legislation might make. — 9 Ann. 223.
7. — It is no objection to the validity of an ordinance containing a
prohibition and attaching a penalty to its violation, that it purports by
its terms to be a resolution. — 4 Ann. 336.
8.-r-An ordinance of the city directing a sale under the mayor's order,
of all property remaining on the levee a longer time than is authorized
by the police regulations, is unconstitutional and void ; and so is the
statute of 6th March, 1834, authorizing the municipal government to
pass such an ordinance. — 4 La. 97; 4 La. 98; 15 La. 129.
9. — Ordinances imposing fines on the owners of animals found astray,
are legal exercises of the power vested in the council. — 1 Ann. 385.
10. — Ordinances imposing fines on persons selling groceries in certain
market houses, are neither illegal nor unconstitutional. — 4 Ann. 278
and 336.
For other decisions see **New Orleans," page 165 ; Ofi'enses and
Nuisances, page 184; and ^'Revenue.'*
198 ORPHANS — ^PHYSICIANS — CITY.
ORPHANS.
Mayor's duty. No. 581. That the mayor be, and he is hereby authorized to
cause to be taken care of, at the expense of the city, all such
orphan children and foundlings found within the city, as may be
in destitute circumstances — at the lowest possible price, until such
time as said children can be otherwise provided for.
City Ordinance, No. 420.
See Houses of Eefuge, page 131.
PHYSICIANS— CITY.
Common council No. 582. (1.) There shall be appointed by the common
appom . council of Ncw Orleans, two physicians, to be called the city
physicians, whose duty it shall be to attend to all the prisons,
workhouses, houses of refuge, jails of this city; one shall attend
in the first and fourth districts, and the other in the second and
third districts.
Their duties. No. 583. (2.) It shall be the duty of said physicians to visit,
at least once every day, all the workhouses, jails, etc., and attend
any patient or patients in the prisons, and continue so to do as
often as necessary, when called upon in their respective districts.
Their duties. No. 584. (3.) In addition to the duties, they shall act as
expert physicians to the coroner, each in their respective districts.
Their duties. No. 585.. (4.) They shall both visit the public schools once
in each week, in order to vaccinate the children, under the direc-
tion of the visiting committees of the respective schools.
Absence, etc., of No. 586. (5.) In casc of the absence or illness of either
physician, the other shall attend to his duties as long as it may
be necessary; should it not be possible for one to attend to the
duties of both, the health committee may appoint an assistant
physician for the time required, whose compensation shall be five
dollars par day for the first fifteen days, and two dollars for every
subsequent day he is employed, to be paid by the city treasurer,
provided the regular physician is ill, or absent with leave of the
health committee ; — if not, saidassistant physician must receive
his compensation from the physician whose duty he fulfills.
Their prescrip- No. 587. (6.) They shall each day register, in a book kept
for that purpose in each prison, workhouse, etc., all their
either physician.
tions.
PILOTS. 199
prescriptions, with the name or number of each patient, from
which book the orders shall be executed by the nurses or
keepers.
No. 588. (7.) The medicines shall be ordered and inspected Medicine,
by the physicians in their respective districts, who shall approve
the bills for the same before payment can be made.
No. 589. (8.) The physicians shall have the power to re- Contagious
move any prisoners attacked with any contagious disease, to some
place selected by themselves, and treated at the expense of the
city.
No. 560. (9.) The salary of each physician appointed under Their salary,
this ordinance shall be twelve hundred dollars per annum, pay-
able monthly by the city treasurer.
No. 561. (10.) The common council reserves to itself the Right to remove
right of dismissing either or both of the physicians at will.
City Ordinance, No. 49. Approved 5th June, 1852.
No. 562. It shall be the duty of the physician of the police Their duties to
jail, to visit the insane confined therein at least once a day, and ^°®*"® ^^^^
when any of their number shall have sufficiently recovered, that
he be authorized to issue an order for the discharge of such
person.
City Ordinance, No. 1368.
PICKERIES.— See "Cotton Presses/' No. 245.
PILOTS.
ACTS OF THE LEGISLATURE.
An Act relative to Pilots.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened, That the Govern- puots to be ap-
or shall appoint not less than sixty-five nor more than seventy-five branch ^^^ernor!'^ *^^
pilots for the port of New Orleans, not more than six for the Atchafalaya
bay and river, and one or more for the Sabine river. No person shall be Qualifications,
appointed unless he be a qualified voter, and until he be examined by a
board of examiners and recommended by the board, as qualified to be a
branch pilot, to the governor.
Sec. 2. That two boards of examiners shall be appointed by the Gov- Board of exam-
emor every two years, to be composed of three persons each, to be i'lerB.
200 PILOTS.
selected from the branch pilots. One of said boards shall be for the port
of New Orleans, and the other for the Atchafalaya bay and river. The
governor shall have power to fill all vacancies.
Bonds to be Sec. 3. That every branch pilot, before he takes upon himself the
givea y pi o s. gj^g^.^^^Qjj ^f jjjg (j^ties, shall give bond to the Governor of this State,
with two sufficient securities, in the sum of one thousand dollars, to be
approved of by the master and wardens in New Orleans, or by the recor-
der of mortgages of the parish of St. Mary.
Boats to be Sec. 4. That every branch pilot of the port of New Orleans shall be
by pilots of the owner or part owner of at least one-decked pilot boat, of not less than
leans^* ^^^ ^'^ thirty feet keel, and he shall keep such boat exclusively employed as a
pilot boat. Every such branch pilot, not owning or employing a pilot
boat as aforesaid, shall be suspended from his ofiice by the master and
wardens of the port, and they shall report the case to the governor, who
may withdraw the commission or license of such branch pilot, if, in his
opinion, circumstances require such removal.
Boats to be Sec. 5. That every branch pilot for the Atchafalaya bay and river,
for^the Atcbafa- shall be owner or part owner of at least one-decked pilot boat, of not less
laya bay and ^^j^g^j^ thirty feet keel, and eight feet beam, and keep her exclusively
employed as a pilot boat, at least from the first of October until the first
of June in each year. The violation of this section shall subject the
offender to fifty dollars fine for each oflFense.
Penalty for Sec. 6. That if any person not appointed a branch pilot shall pilot
^o^nted pUots pi- ^^y ^^^V or Other vessel when a branch pilot offers, he shall forfeit and
loting vessels. pay to the branch pilot the sum of thirty dollars, or in default thereof be
condemned to seven days' imprisonment.
Pilots to exhibit Sec. 7. That every person offering to pilot a ship or other vessel
their license. ghall, if required, exhibit to the commander of the ship or vessel his
license as pilot ; and upon his refusing or neglecting to do so when
demanded, he shall not be entitled to any remuneration for any service he
may render as pilot.
Pees. Sec. 8. That the pilots of the port of New Orleans shall be entitled
to ask and receive pilotage at the rate of two dollars and fifty cents for
every foot drawn by any ship or vessel piloted by them drawing ten feet
water or less, and three dollars and a half per foot for every ship or
vessel piloted by them drawing more than ten feet water. Vessels of
one hundred and fifty tons and under, from Louisiana, Texas, Alabama
and Florida shall come in and go out free.
Duty of pilots. Sec. 9. That it shall be the duty of pilots to pilot, when required,
all inward bound vessels from outside of what is commonly called the
point of the main reef, to the mouth of the Atchafalaya river, and all
outward bound vessels from the said river outside of the reef; and the
j-ggg^ pilots shall be entitled to demand and receive three dollars and fifty cents
per foot, that any vessel may draw, under eight feet : for each foot over
eight feet, four dollars ; the part of a foot in like proportion. All vessels
refusing a pilot, other than those trading within the State of Louisiana,
ghall pay half pilotage, both inward and outward bound, provided they
shall be spoken by a branch pilot when inward bound, outside of the
PILOTS. 201
reef, and all (^tvrard bound vessels between Berwick's bay and the mouth
of the Atchafalaya river.
Sec. 10. That any pilot, piloting any vessel safe from sea, shall have Right given to
the exclusive right to pilot such vessel to sea again ; provided he gives P^g^'^f JJ p^fot**^
satisfaction to the master on coming in, and be in readiness and offer bis -resseis to sea
agaia.
services before the vessel gets below Shell Island and the Atchafalaya
river.
Sec. 11. That whenever any branch pilot shall, when practicable, re- Penalty incurred
fuse or neglect to go on board any ship or other vessel, when called by ^l ^nlg?ecaDg'in
signal, or otherwise, he shall lose his commission, and be forever incapa- certain cases to
go on board
ciated from being commissioned as pilot, and shall moreover be liable to vessels.
be fined in the sum of five hundred dollars, in default ot the payment
whereof, he shall suffer imprisonment for a time not less than three
montbs nor more than six months.
Sec. 12. That the pilots of the port of New Orleans shall have the Power to appoint
power to appoint whomsoever they shall think proper, as their agent, to
collect the amount due for pilotage.
Sec 13. That the masters and wardens of the port of New Orleans, Power of the
•ii ..1 . /. , ^ /. , « , II 1 Mnster and War-
with the consent of the Governor of the State, may make such rules and ^ws to establish
orders for the better government of the pilots as they shall deem proper, '^"^^^•
and the same Irom time to time revoke or amend; and impose fines for
contravention of such rules and regulations. The fines thus imposed
shall in no c tse exceed the sum of one hundred dollars.
Sec. 14. That no license shall be granted to any person to keep a Reommendaticn
1 , .,,. ■, , . . » , ,• by bvancli pilots
tavern, grog shop, billiard house, or any other house of public enter- i^ certain cases.
taiument at the Balize, the Southwest Pass, or any other station for
pilots, nor within three miles from such station, unless the person apply-
ing for such license shall be recommended in writing by a mfijority of
the branch pilots. Any person keeping any public house as aforesiiid, at PenaUy for keep-
any of the places aforementioned, without a license, shall pay a fine of wUhout license,
fitty dollars for each and every week such house shall be kept, and more-
over be obliged to shut up or remove such public house.
Nothing in this section shall be so construed as to exonerate persons Proviso,
keeping public houses without license, from the fines or other penalties
decreed by the parish regulations.
Sec. 15. That whenever any person shall take, or cause to be taken Disposition to be
up, any anchor or cable, in the river Mississippi, he shall bring or send anchor oi cable
the same to the port of New Orleans, where the same shall be deposited jjfgg^ggppi/'^ *^^
at such place as the master and wardens of the port shall determine ; and
if claimed within three months by the owner thereof or their agents, the
said anchor or cable shall be restored to them on their proving property
and paying to the person so taking up and bringing the same to the port
of New Orleans, such salvage as shall be determined by the master and
wardens of the port. In case such anchor or cable shall not be claimed,
within the said space of three months, the same shall become the property
of the person by whom it may have been taken up. Any person so neglect-
ing or refusing to comply with the provisions of this section, shall forfeit
and pay for every such offense the sum of fifty dollars.
26
202 POLICE DEPARTMENT.
Leave of absence. Sec. 16. That no branch pilot shall be alloTred to letve his station
for more than three consecutive days, unless he shall have obtained a
written permission from the board of examiners, under a penalty of
fifty dollars. Permission shall in no case be granted to more than two
branch pilots to leave their station at the same time.
Fines and for- Sec. 17. That all fines, forfeitures or penalties shall be sued for
recoverable nnd and recovered in the nnme of the master and wardens of the port, for
how disposed of. j.|^g ^gg ^^^ benefit of the charity hospital of New Orleans.
Keward to be Sec. 18. That the master or owners of any ship or vessel appearing
certain cases."^ '^^ distress, and in want of a pilot on the coast, shall pay un^o such
branch or deputy pilot, who shall have exerted .himself for the preser-
vation of such ship or vessel, such sum for extra services as the said
master or owner and pilot can agree upon. In case no such agreement
can be made, the master and wardens, or any three of them, shall
determine what is a reasonable reward, which the pilot shall be entitled
to collect.
Half rilotape to Sec. 19. That if the master of any ship or vessel coming to the
cases. " ^ poi"t of New Orleans, shall refuse to receive on board and employ a
pilot, the master or owner of such ship or vessel shall pny to such pilot
who shall have ofifered to go on board and take charge of the vessel,
half pilotage,
renaltv for car- Sec. 20. That if any vessel, going out, shall carry off to sea,
g^tl!'^ ' through the default of the masttn- or owner of such vessel, any pilot,
when a boat is attending to receive him, the master and owner of such
vessel shall pay, besides the pilotage, the same monthly wages until
he shall return to the port of New Orleans as are allowed to the mate
Proviso. of such vessel; provided the pilot shall have performed the duties
required of him by law.
Fi n e for di sell arc. iskc. 21. That discharging ballast in the bay, shall subject the
itig balliit^liu the „ i i ^ /. r- i "^i j j n
lj,,y master or owner oi such vessel to a fine oi one hunarecl aollars.
Cert;iiij iiiwi^ re- {iJec. 22. That all laws contrary to the provisions of this act, and
^^"^ " ' all laws on the same subject-matter except what is contained in the
Civil Code and Code of Practice, be repealed. — Acts of 1851, p. 372.
See act ot 1855, p. 47tj, section 21.
POLICE DEPARTMENT.
POi'c f^l a' I con*
sIjl of.
No. 563. (1.) That from and after the 1st day of May,
1855, the department of police of the city of New Orleans shall
consist of and be organized as follows :
One captain of the city police.
Four lieutenants of the city police.
Ten ' ruoants of the city police.
Tw„ . ,dred and fifty policemen.
AtDeudeU, i^.G . u. 6Ti .
POLIC]^ DEPARTMENT, 203
No. 564. (2.) Should the board of police, acting under the Captain or chief,
authority vested in it by the act of the legislature of 1853,
creating said board, deem, in its judgment, such office as '^chief
of police" necessary, then, in such case, the office of captain of
the city police, contemplated in the above articles - i all be merged
into and constitute the same office as chief of police.
No. 565. (3.) No person shall be elegible to, or fill the Who phaii been,
station of chief of police, captain of the city police, lieutenant, men.
sergeant or policeman of the city of New Orleans, unless he can
read and write, understand, and speak fluently the English
language; and, moreover, produce a certificate of recommendation
to the mayor, from at least three well known freeholders and
respectable citizens of New Orleans to the following efifect, viz :
That said applicant has resided at least two years, consecutively,
in the city of New Orleans; that he is a citizen by birth, or legally
naturalized ; that he is a person of good moral character,
honest, sober and industrious, and a fit and proper person to fill
sush a trust; and su3h offiaars as may be located below Canal
street, shall speak the English and French languages.
No. 568. (4.) The officers and policemen of the city police, To give bond,
before being sworn and entering upon their duties, shall give
bond and security to the satisfaction of the mayor, as follows :
The captain or chief of police, in the sum of ten thousand dol-
lars each.
The lieutenants of the city police, in the sum of five thousand
dollars each.
The sergeants of the city police, in the sum of two thousand
five hundred dollars each.
The poliijemen of the city police, in the sum of one thousand
dollars each.
Said bonds to be conditioned for the faithful performance of
the several duties devolving upon them, and to hold the city
harmless for any act, omision or commission, of said officers and
policemen in the exercise of their duties.
No. 567. ^ (5.) That it shall be, and is hereby made, the who shall he
duty of the mayor to select as security and bondsmen of such ^^^''^^'
officers and policemen, any one from the freeholders who shall
have signed the certificate and recommendation of the several
parties mentioned in article three of this ordinance, as he may, in
his discretion and judgment, consider the best and most solvent.
No. 568. (6.) The distribution, management and control The mayor to bo
of the department of police of this city and its operations shall *^^ ° ^° ^'^^'
rules.
204 POLICE DEPARTMENT.
be, and are hereby, placed entirely in tbe hands of the mayor of
the city of Now Orleans.
Mayor to make No. 569. (7.) That for the better orginization, direction
and conduct of said police department, the mayor is hereby
authorized to make such regulations as he may consider just and
proper — which regulations shall be submitted to, and approved
by, the police committee of both boards.
Salaries of police. No. 570. (8.) That from and after th« first day of May,
1855, the salaries of the police department be, and the same are
hereby fixed at the sum of, for the captain or chief of the police,
two thousand dollars; the lieutenants at one thousand dollars per
annum ; the salaries of the sergeants and day policemen shall be
seven hundred dollars per annum -, the salaries of the policemen
fifty dollars per month.
Uniform. No. 571. (9.) That immediately after the organization of
the policemen, it shall be the duty of the mayer of the city of
New Orleans to cause to be uniformed in such dress as may be
deemed proper, the police of the city, in order to designate said
police in the various duties that may be incumbent upon them in
said service.
Repeaiiogcivuse. No. 572. (10.) All Ordinances, or parts of ordinances,
heretofore passed and in force, organizing the department of
police in the city of New Orleans, be, and the same are hereby
repealed.
City Ordinance, No, 2100. Approved April 5th, 1855.
Increase of police No. 573. The poHcc forcc of the may^rsliall be increased fifty
men. All ordinances or resolutions contrary to the foregoing be,
and the same are hereby repealed.
City Ordinance, No. 3089.
Rules and regu- No. 57'i That the rulcs and regulations for the government
of the police department, as suo^gested by his honor the mayor,
be adopted, and that the mayor be authorized to have one
thousand copies printed in pamphlet form for the use of the
department.
City Ordinance, No. 119.
Securities to be No. 575. Hereafter, no person elected to any office by the
board of police, shall enter on the discharge of the duties of said
office, nor be entitled to any compensation for any services until
his securities shall be duly accepted, and he be commissioned
according to law.
City Ordinance, Nc. 2343.
accepted.
POLICE DEPARTMENT. 205
No. 576. The commissaries of the several markets of the city Chiefs duty as to
shall be under the special instructions of the chief of police^
relative to their several duties in enforcing the ordinances now
in existence concerning said markets.
City Ordinance, No. 1^6.
No. 577. That the chief of police be, and he is hereby, Chiefs clerk,
authorized to appoint a police officer to act as clerk of the chief
of police with a salary of nine hundred ($900) dollars per year.
Ordloance No. 70.
No. 578. That the first part of ordinance No. 1674, approved iiis assistant
July 5th, 1854, as allows "the chief of police to employ two '^^"'''
additional clerks at a salary each of sixty dollars per month,''
be so amended as to read, ''be allowed to employ one additional
clerk, at a salary of sixty dollars per month.''
City Ordinance, No. 2366.
No. 579. That the captains of police of the several districts Support of
be, and are hereby, allowed, for the maintenance and support of ^^ ^*^"®""
prisoners in their charge, the sum of ten cents per day . for each
and every prisoner. The vouchers for same to be presented
monthly, after having been approved by the chief of police.
City Ordiuauce, No. 450.
No. 580. That it shall be the duty of the captains of the Offl-ers to report
police of each district, to report to the council monthly, the """^ ^' '*^'^*
number of persons arrested or reported, for breaches of the city
ordinances, which are punishable with fines — the amount of
fines adjudged — by whom collected, and if not collected, the
reasons why.
City Ordinance, No. 451.
No. 581. That the captains of police of the several districts offlccrato report
be, and they are hereby required to furnish to the council, °*'"^^^y-
through the joint committee on finance on the first day of every
month, a list, containing the names of the prisoners respectively
under their charge, and the several amounts received as jail fees
from each person up to said date, and that no account from such
officer shall hereafter be approved or received, unless accompanied
with such list.
City Ordinance, No. 1013.
No. 582. All furniture, fixtures, stationery, etc., bought by Purchases for
the police department of the city, or by the recorders or their men?. ^^^^^^'
206 POLIGE DEPARTMENT.
clerks, shall be bought by order and under the supervision of
the police committees of the common council.
. City Ordinance, No. 554.
Rural portion of No. 583. That thc chief of police be, and is hereby instructed
third district. i ., i ^ i i ■
to detail one member of the police force of the third district as
a syndic for the rural portion of said district.
City Ordinance, No. 205.
See No. 799.
Miineburg police- No. 584. That the recorder of the third district be and he
men.
is hereby authorized ^ to appoint a special policeman, to be
stationed at Miineburg, at the lake end of the Pontchartrain
railroad, under the rules and regulations of the police depart-
ment of the city.
City Ordinance, No. 1648.
See No. 799
Police for horse No. 585. That the chief of police be, and is hereby, instruc-
market. . . •
ted to detail one or more policemen to attend all sales of cattle,
horses, or vehicles, by auction, at the horse market, on Common
and Circus streets, to prevent the use of the public highway for
the exposure of vehicles, or trying of horses, mules, or other
cattle, or in any manner occupying or obstructing the public
highways and grounds in the vicinity.
That a fine of five dollars be imposed for each and every
offense against the above resolution, and to be recovered before
any competent court of jurisdiction.
City Ordiiance, No. 613.
Duty of Police relative to Places of Amusement, Fee page 15.
" Awiiingfl, etc„ see page 11.
" Bakeries and Bread, see No. 41.
" Boarl of Health, see page 120.
•* Buildings, see No. 89.
" Cemeteries, Interments, Sextons, see No. 142.
" Coffee Houses, see page 44.
" j:iection8, No. 250, and Apendix.
" Evening Gun, see No. 251.
" Fire, see Nos. 319, 320, etc.,
" lire Department, Police Powers, see Nos. 277, and 309
" Lewd Women, see No. 405, and Apendix.
" Markets, Commisparies, etc., see Nob. 435, 449.
" Slaughter Houses, see No. 268.
« Slaves, see No. 762, 772, etc
See "Vehicles," '-'Offenses" etc.
POKT OF NEW ORLEANS.— See Master and War-
DENS OF, etc., page 157.
POUNDS. 207
PORTERS.
No. 586. That the resohitions of the late second municipality, RcpeaiinR cer-
approved October 3, 1837, amended 19th of February, 1839, '"^'^ <'rdi'^«°««»-
and amended again on the 9th of May, 1848, creating porters
to attend at the city hall, be and the same are hereby repealed,
and that said offices be abolished after the passage of this
resolution.
City Ordinance No. 1023.
No. 587. That the salary allowed to the porter of the city salary of port«r
hall be fixed at seventy-five dollars per month, being the same " ^ * '
amount that was allowed the late porter, under an ordinance of
the late second municipality, and shall be payable in the same
manner, and in full compensation for his services.
City Ordinance No. 1366.
No. 588. (1.) It shall be the duty of the porter of the city Duty of porter of
hall to have all the offices of the public officers properly cleaned "*^ " *
and prepared for their occupancy by 9 o'clock on every day,
with fires lighted and supplies of coal provided in said offices,
whenever the same may be necessary. It shall be his duty to
be in attendance ot the hall during office hours, or as long as
any of the city officers may be engaged in their offices, or as
long as any committees of either board of the common council
shall be in session.
(2.) That the porter and assistant porter of the city hall be
and they are hereby, placed under the direction of the city
comptroller, who shall have full power to discharge said officers
for non-attendance to the several duties imposed on them by
the common council.
City Ordinance No. 209D.
POUNDS.
No. 589. (1.) From and after the passage of this ordinance, Animals mn.
it shall not be lawful for any person or persons to permit any ''^ a » ge.
horse, mule, ox, cow or other large horned animal, or sheep,
goat, calf or other animal, to run at large in any of the streets
of the city at any time, within the following limits, to wit:
Between the river and Carondelet street, in the fourth district 5
Galvez street in the first and second districts ; and Claiborne to
208
POUNDS.
Records of ar-
rests.
Pound charges.
Champs Elysee street j thence along the line of the Mexican
Gulf railroad to Independence street, and thence to the river,
in the third district ; and it is hereby .made the duty of the
street commissioner and his deputies, and the day and night
police, and they are hereby directed, to arrest and confine in the
pounds of the city, in the district where taken up, all animals
which may be found running at large.
The street commissioner shall cause to be kept at each of the
city pounds, a correct record of the admissions and date of
arrest, as well as an accurate description of all animals taken up,
so that they may be identified by their brands, signs, marks or
other peculiarities.
Amended. See No. 597.
No. 590. (2.) Each and every animal taken to the public
pounds, shall be charged as follows, viz : Horses, mu^es, oxen,
cows or other large horned animals, one dollar each; every sheep,
goat, calf or other animal, fifty cents, and the owner or owners
of the animals shall pay for the expense of keeping and feeding
the same, for each twenty-four hours during which they may
remain in said pounds ; for each animal of the first class forty
•cents, and for each animal of the second class fifteen cents. And
should the aniuial or animals so impounded be not claimed by
their rightful owners, or should the title to such ownership be
not made out to the satisfaction of the street commissioner, or
should the expense of arrest and charge for keeping and feeding
as imposed by this ordinance, be not paid by the owner or owners,
and such animal or animals be suffered by their owners to remain
in the pounds for a longer time than forty-eight hours, then it
shall be the duty of the street commissioner to advertise such
animal or animals for sale, three times in the English and French
languages, during ten days, in the official journal of the city,
specifying the marks, brands or other signs by which they may
be identified, the true cost of such advertisements to be paid by
the owner or owners of such animals ; and should such owner or
owners fail — after the expiration of such advertisement — to
come forward and claim their property, or refuse to pay the
sums due for the charges and expenses of feeding and keeping
such animal or animals, then the street commissioner shall sell
the same at public auction at the pound, to the highest bidder
for cash, and shall pay over the amount into the city treasury
for the use of the city.
Amended. S«e No. 598.
POUNDS. 20S
No. 691. (3.) The street commissioner and his deputies, and Tioffsrunnins at
the day and night police be, and they are hereby, authorized and '''^*^'
directed to take up all hogs running at large in any ol the streets
of the city, and impound the same ; and, if the same are not
claimed by their owner or owners within three days thereafter,
then they shall be sent to the work-house of the city, for the
use of the city, or the said street commissioner shall cause the
same to be slaughtered and sold as the case may require, and
pay over the amount of such sales into the treasury for the use
of the city.
No. 692. (4.) Any person or persons, not authorized so to Taking nnimnis
do by the street commissioner, who shall remove or take away
from any of the city pounds any animal taken up under this
ordinance, shall be subjected to a fine of not less than ten or
more than twenty dollars for each ami every such offense,
recoverable before any court of competent jurisdiction in the
district where such offense shall have been committed.
No. 693. (6.) From and after the passage of this ordinance, cart?. etc, left ia
it shall not be lawful for the owner or owners of any cart, dray, ^^'" ^^'^''*'^' '^^'
wagon, carriage or other vehicle to suffer the same to remain ia
any of the streets or public ways of the city, during the day or
night, unless the same shall be in actual use at the time, under a
penalty of three dollars ; and any such cart, dray, carriage or
other vehicle shall be taken by the street commissioner or his
deputies, by the day or night police, to the city pound of the
district where so found in contravention, and be there kept for
three days ; and should the owner or owners of the same not
claim and pay the fines on the same within three days after the
same have been impounded, then it shall be the duty of the
street commissioner to advertise and sell the same as provided
for in the case of strays, in the third section of this ordinance,
or he shall report the same to the assistant attorney of the
city.
Amended. See No. TGS.
§iee "Vt'LicJes.''
No. 594. (6.) From and after the passage of this ordinance, obsfructing
it shall not be lawful for any person or persons U) encumber or ilj^^yds, etc.*' ° '
obstruct any of the street??, public roads, public grounds, public
squares or promenades, sidewalks or gutters of the city, by de-
positing in or on the same Jmy box, bale, hogshead, barrel, or
any goods, wares or merchandise, or any article or object what-
soever, except for the necessary time for loading and unloading
27
210 POUNDS.
the same, in order that at all times a free, commodious and
convenient passage may be left to pedestrians, and to carts, drays
or other vehicles, and to the flow of water in the gutters ; and
should any owner or owners, or any person or persons having
charge of the same, or any of them — after being notified by
the street commissioner or any of his deputies to remove such
obstructions — fail to do so immediately, he or they shall be
liable to pay a fine of not less than five or more than one hundred
dollars, recoverable before any court of competent jurisdiction.
gee "Streets."
now aroods aro No. 595. And it shall be the duty of the street commissioner
dispos.4 of. - . , . ,,.,.. , ,
or his deputies, under his directions, to remove and store the
same in some safe and convenient place, with some responsible
, person, or, as the case may require, ' remove the same to the
public pound of the district where so found in contravention, and
if the same shall not be claimed by the owner or owners thereof
within three days thereafter, then it shall be the duty of, and
the said street commissioner is hereby directed to advertize and
sell the same, as provided for in the cases of strays and drays,
etc., in this ordinance ; provided always, that the provisions of
this section shall not be applicable to the case of building or
repairing any house or other edifice, as regulated by existing
ordinances.
Se« p. 26 ond p. 27.
Ii3p5aiicgc'aurc. No. 596. (7.) That all ordinances and resolutions of the
municipalities, or of the late city of Lafayette, conflicting with
the provisions of this ordinance, be, and the same are hereby
repealed.
City Ordinance, No. 751. Approved April 6tb, 1863.
Extmdin^pcTxni No. 597. That ordinance No. 751, approved April 6th, 1853,
^^°* '*■ be amended so as to extend the pound limits, and include within
said pound limits all that portion of the city above Independence
street to the upper line, and between the river and the outermost
draining canals, and St. David and Claiborne streets, in, the por-
tion of the third district below the lower end of the draining
canal.
City Ordinance, No. 1755.
roan'.fo;s. No. 598. From and after the promulgation of this resolution,
the pound fees chargeable on aiiy or all animals, of whatsoever
description, arrested or impounded as strays, shall be one dollar
each and the costs of feeding, as is now provided for by ordinanco
POUNDS. • 211
No. 751, approved 6th April, 1853; and the pound fees charge-
able on any dray, cart, wagon, carriage or other vehicle, whether
arrested or impounded as incumbrances, or in contravention of
any existing ordinance, shall be one dollar, in addition to whatever
fine, if any, that may have been imposed for the contravention,
by a competent court, said fine of one dollar being inclusive of
the expense of hauling or transportation to the pounds.
City Ordinance, No. 1870.
No. 599. That the pound keepers of the several city pounds Duty of pound
be hereby instructed and commanded to refuse to receive any iioyr"*^ °
stray animals brought by boys under eighteen years of age.
City Ordinance, No. 19C9.
No. (300. (1) That the street commissioner be, and he is hereby Pounds jnFecond
authorized to establish two additional pounds in this city, one in disinc'tL
the second district and one in the fourth district, at such places
as he may deem fit and proper ; provided, that the monthly rent
for each, including the cost for the fences and fixtures, shall not
exceed twenty dollars, and that the said two pounds, when so
established, and the two now existing in the fir|t and third
districts shall be the only legal pounds of the city to be used for
the safe keeping of stray animals.
No. 601. (2.) That the street commissioner be, and he is street commis.
hereby authorized to appoint, with the consent of the board of point' four pcmS
aldermen, four pound keepers, ueing one for each district, whose ^"^"^*
duty it shall be safely to keep within the said pounds, all stray
animals which may be'delivered to them, in conformity with law, and
such regulations as may hereafter be prescribed by the common
council or by the street commissioner, with the advice and consent
of the police committee of the council; and the compensation of
said pound keepers shall be forty five dollars per month each, and
also the profit, if any, that may acrue from the keeping and feed-
ing stray animals, at the rates provided for by the city ordinance,
approved April 6th, 1853 : Provided, that either of said pound
keepers may be removed from office at any time for cause.
No. 602. (3) That all officers whose duty is to arrest stray animals, Dnty of certain
shall conduct and deliver to the pound keepers, created by this ° *^"^*
ordinance, all the stray animals they shall find upon the streets
and other public places, and the said animals shall not be released
or discharged therefrom, except according to the provision of
existing ordinances; -and each officer or other persons for so arres-
ting, conducting and delivering, shall be entitled to receive, after
21:
Third di-trict
pound:*.
Second district
pouud:}.
Repenl of oM
ordinaucoa.
PUBLIC SCHOOLS.
it sha'l have been collected, the half of the fines, the other half to
be paid in the city treasury.
City Ordiuanco, ^o. 15-20. Approved May 29th, 1854.
No. 603. That the street commissioner be, and he is hereby,
authorized to rent a lot for a public pound, in the third district,
and room for deputy's office, under the direction and subperin-
tendance of the police committee, provided the expense does not
exceed eighteen do'lc^rs per month.
City Ordinancf, No. Gol,
No. 60 A. That the street commissioner be, and he is hereby,
authorized to ront a lot for a public pound from W. C Micou.
Said lot situated on Dryades strest, provided the expanse does
not exceed twenty dollars pjr month.
City Ordinance, No. 4C5.
No. 605. From and after the passage of this resolution the
office of pound keepers and pounds now existing under ordinances
of the late municipal council be, and the same are hereby,
abolished, and all ordinances or parts of ordinances conflicting
with the foregoing be, and the same are hereby repealed.
City Ordinance, No. 746.
DECISIONS OF SUPREME COUIIT.
The ordinances of (he third municipality, of 19ih May, 1846,
imposing a fine on the owner of any animal found astray, is a legal
exercise of the power vested in the council. — 1 Ann. 385.
An ordinance of the city directing a sale, under the Mayor's order^.
of all property remaining on the levee a longer time than is authorized
by the police regulations, is unconstitutional and void ; and so is the
act of 6th March, 1834, authorizing the municipal government to pass
such an ordinance. — 4 La. 97; 4 La. 98; 15 La. 129.
POWDER AND POWDER MAGAZINE.— See
PowDEH," etc., page 114.
Gux
PUBLTC SCHOOLS.
Boarts Of direc-
tors.
No. 606. In obediencD to the 38th section of the act of
consolidation, approved by the legislature of the Stat3 on the
23d February, 1852, there shall be elected by the council, at
PUBLIC SCHOOLS. 213
their first regular meeting in the month of May, annually, four
separate boards of directors of the public schools, to wit; one
for each district.
The nv.mber in the first district shall be 21.
" second '' 12.
" third " 12.
" fourth " 11.
No. 607. The board thus elected shall meet and enter on Board to meet,
the discharge of their duties, on the second Monday following
their election.
In case the council fail to elect on the day above named, the
board shall not be dissolved, but hold over until their successors
are elected.
City Ordinance, No. 12.
No. 608. (1.) In accordance with the 38th section of Annmi rppro-
. pi'iutious.
the old city charter, approved in February, 1852, and with the
request of the legislature of the State of Louisiana, contained
in "an act relative to public schools in the city of New Orleans,"
approved March 14th, 1855, there is hereby appropriated for
the maintenance of the public schools, and for the; gratuitous
education of the children residing in each district of the city,
for the term of one year f-om the first day of August, 1856, the
sum of two hundred and eight thousand eight hundred and ten
dollars,'to be appropriated among the four districts as follows :
No. 609. To the first district, which had during the year For first district.
ending 31st May, 1856, an actual average attendance of 3,051
resident pupils, adding five per cent, thereon at the rate of
($20) twenty dollars per pupil, and eight thousand dollars
($8,000) for repairs — sixteen hundred dollars for rents, the
sum of seventy. three thousand six hundred and sixty dollars,
($73,660.)
No. 610. To the second district which had, during the year For second dis-
aforesaid, 1824 resident pupils, adding five per cent, thereon, at
the rate of twenty dollars ($20) per pupil, and five thousand and
seventy-five dollars ($5,075) for repairs — five thousand two
hundred and twenty dollars ($5,220) for rent, the sum of forty-
eight thousand five hundred and ninety -five dollars, ($48,595.)
No. 611. To the third district, v^ich had during the year For third district,
aforesaid an average attendance of 1959 resident pupils, adding
five per cent, thereon, at the rate of twenty dollars ($20) per
pupil, and three thousand one hundred dollars ($3,100) for
rent, two thousand eight hundred and fifty dollars ($2,850) for
S14 PUBLIC SCHOOLS.
i-epairs — the sum of forty-six thousand nine hundred and seventy
dollars, ($46,970.)
fdcfc/''"'^^ ^*" ^^- ^1^- ^^ ^^- ^^^^^^ district, which had during the year
aforesaid, an actual average attendance of 1649 pupils, adding
five per cent, thereon, at the rate of twenty dollars ($20) per
pupil, and three thousand one hundred and fifteen dollars
($3,115)- for rents, and one thousand eight hundred and fifty
dollars ($1,850) for repairs — the sum of thirty-nine thousand five
hundred and eighty-five dollars, ($39,585.)
SeV^ ®^' No. 613. (2.) Not more than one-twelfth part of said ap-
propriation shall be drawn each month, and all drafts of the
respective boards of school directors, shall be made in the
following manner :
The salaries of superintendent, teachers and other employees,
and all bills for supplies, stationery, rents, repairs and other
expenses incurred by the board, shall be stated in detail in the
pay-rolls of the month, and on the approval thereof by the
president and committee on accounts of the respective boards,
the comptroller shall warrant on the treasurer of the city for the
payment of .the same.
Responsibility of No. 614. (3.) The city of New Orleans shall not, in any
case, be liable for the debts or contracts of the boards of directors
beyond the amount of the aforesaid appropriations.
Quarterly re- No. 615. (4.) It shall be the duty of the respective boards
of school directors to make quarterly reports to the common
council on the condition of the schools, showing the number of
pupils that have been admitted into each school, the number
that have left, and the number in actual attendance during the
month, with a detailed statement of the receipts and expendi-
tures of money during the same time. They shall also make,
in the month of May, an annual report containing an abstract
of all the quarterly reports, also the names, number and salaries
of teachers employed in their respective schools, a list of the
branches taught, and text books used therein, a statement of the
number, location, size, condition, internal arrangement, and means
of ventilation and warming of the school houses owned by the
city, and those wanted for the use of schools.
The size of the rooms a!id the maximum number of pupils
therein, the dimensions of the lots, play ground and yard of the
pupils, and the manner in which the same are enclosed, together
with such other information as the respective boards may deem
of public interest.
porta.
PUBLIC SCHOOLS. 215
No. 616. It shall be the duty of the respective presidents of Qnaripriy nnd
1 1 1 T ' 1 a1 11 i? J.I. atipunl leportsof
the boards, and superintendents, to meet, on the call ot the presidents, etc.
president of the first district board, and agree upon a form for
the quarterly and annual statistical reports to the council ; also
to adopt a uniform system for keeping their daily, weekly,
monthly and yearly registers of pupils admitted, left and attend-
ing, and also a uniform method for determining the actual average
attendance at the respective schools. The annual reports of the
boards shall be published in pamphlet form under the direction
of the four superintendents, and at the expense of the respec-
tive boards, in proportion to the amount received by them from
the city, and together with 200 copies for the same for the
use of the council ; the superintendents shall also submit to the
committee on education all proper vouchers required by them in
support of the stated attendance of pupils on which the annual
appropriation is made.
City Ordinance, No. 2990. Approved August 16, 1856.
The libraries arc placed under control of the school directors of the respective
districts ; see city Ordinances Nos. 951 and 2369.
STATE CONSTITUTION.
Abt. 136. The general assembly shall establish free public schools
throughout the State, and shall provide for their support by general
taxation on property or otherwise; and all moneys so raised or provided
Bhall be distributed to each parish in proportion to the number of free
Trhite children between such ages as shall be fixed by the general
assembly.
Art. 337. The proceeds of all lands heretofore granted by the Uni<ed
States to this State fur the use or support of schools, and of all lands which
may hereafter be granted or bequeathed to the State, and not expressly
granted or bequeathed for any other purpose, -which, hereafter
may be disposed of by the State, and the proceeds of the estates
of deceased persons, to which the State may become entitled by law,
shall be held by the State as a loan, and shall be and remain a per-
petual fund, on which the State shall pay an annual interest of six per
cent ; which interest, together with the interest of the trust funds depo-
sited with this State by the United States, under the act of Congress,
approved June 23, 1836, and all the rents of the unsold lands shall l)c
appropriated to the support of such scho'ols, and this appropriation shall
remain inviolable.
Art. 138. All moneys arising from the sales which have been or
may hereafter be made of any lands heretofore granted by the United
States to this State, for the use of a seminary of learning, and from any
kind of doaatioji, that may hereafter be made for that purpose, thall bo
216 ]?1!BLIC scno6Ls.
and remain a perpetual fund, the interest of which at six per cent, per
annum, shall be appropriated to the support of a seminary of learning
for the promotion of literature and the arts and sciences, and no
law shall ever be made diverting said fund to any other use than to the
establishment and improvement of said seminary of learning.
ACTS OF THE LEGISLATURE.
Division of the Sec. 88. That the city of New Orleans shall be divided into three
city int") three
puhlio school public school districts, as follows : The first district to comprise all
districts. ^^^^^ portion of the city between the upper line thereof and Canal
street ; the second district, all that portion between Canal and Es-
planade streets ; and the third district, all the residue of the city.
Election cf ft The council shall annually elect, by joint ballot, a separate board of
directors. directors of the public schools for each of said districts, to consist
of as many members as the council may determine, and to be chosen
from the voters in the district for which they are elected. Separate
Appropriation to appropriations for the maintenance of the schools in each district, in
district. proportion to the number- of pupils in each, shall be made annually by
the council, and said appropriations shall be under the exclusive con-
trol of the board of the district for which they are made ; and each
board shall also have the exclusive management of the public schools
Election of su- ^f j^g district, and shall elect one superintendent and as many princi-
und pri'.oipal pal and assistant teachers as it may deem proper. No member of
t"adiers.^^"" the council nor olficer of the corporation shall be a school director,
Qiialiti-afions for j^or have a seat in any of the school boards. Each board shall cause
school directors, "
Duties of the to bc laid before the council, at their first regular meeting in January,
ton?. "^ ^'^^^' April, July and October, a report of the condition of the schools, with
a detailed statement of the receipts and expenditures of money during
the preceding quarter, and such other information as may be of public
interest, and said report shall be published in the proceedings of the
council. — Acts of 1852, p. 54.
Kecorder nnd Sec. 3. That the said fourth district of New Orleans shall form a
of thl rmrili fourth recorder's district and a fourth school district of said city, and
distiiot. j^ recorder and" school directors shall be elected for said fourth district,
in the same manner as for the other districts of said city of New
Orleans.— Acts of 1852, p. 56.
An act relative to Public Schools in the city of New Orleans.
Section 1. Be it enacted by the Senate and House of Representatives of
Common council ^^^ State of Louisiana in General Assembly convened. That the common
authni ize.l to cs- council of the city of New Orleans are authorized and requested to
schools, etc. establish one or more public schools in each district, for the gratuitous
education of the children residing therein ; to enact ordinances for the
organization, government and discipline of the same, and to levy taxes
for their support as to them may seem proper. — Acts of 1855, p. 331.
See Acts of 1855, page 422, and page 331.
QUICK LIME 217
QUARANTINE.— See Board of Health, page 120.
QUICK LIME.
No. 617. (1.) No person shall store or cause to be carried Not to store, etc.
into any part of the square of the city, any quick lime beyond the
quantity of five barrels at a time, and that quantity must not
be placed but in a building protected from all humidity and con-
structed in such a manner as to leave a free current of air, and
the said barrels must be stowed at the distance often inches from
one another.
No. 618. (2.) No person shall store quick lime unless it be How stored,
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
barrells in height ; from the moment the quick lime so stored
shall spread, so as to obstruct the circulation of the passage left
between the baarels for the circulation of air, the barrels must be
arranged immediately, and the lime found amongst the barrels
carried away.
No. 619. (3.) Every person contravening the present ordi- renalties.
nance, shall pay a fine which shall not be less than fifty dollars,
nor more than one hundred dollars.
No. 620. (4.) No person shall store any quick lime previ- surveyors to in-
ously to the city surveyor having been called in, for the purpose ^^ ' '
of inspecting the building destined for that purpose, and that he
has obtained a certificate of it, and in default of that formality,
which must be strictly observed, all persons contravening it,
must pay the fine decreed in the third article of the present
ordinance.
City Ordinance,'Aii2U8t 17th, 1829.
28
218 RAILROADS.
RAILROADS.
1. — NEW ORLEANS, JACKSON AND GREAT NORTHERN RAIL-
ROAD COMPANY.
An Ordinance providing for the subscription, by the city of New
Orleans, to the capital stock of the New Orleans, Jackson and Great
Northern Kailroad Company.
City Eubscr jptiou No. 621. (1.) Be it ordained by the common council of the
city of New Orleans, that the mayor subscribe on behalf of said
city, for eighty thousand shares of twenty-jfive dollars each, of the
capital stock of the New Orleans, Jackson and Great Northern
Railroad Company, amounting to two millions of dollars.
How payable. No. 622. (2.) Be it further ordained that said subscription
shall be payable in bonds of the city of New Orleans, for one
thousand dollars each, having twenty years to run, bearing in-
terest at the rate of six per cent, per annum, with interest
coupons attached, payable semi-annually in New Orleans or New
York, as said railroad company may prefer, transferable by the
endorsement of the president and secretary of said company, and
convertible into the stock of said company, at the option of the
holder, at any time within ten years after their date.
Speciaitax on No. 623. (3.) Be it further ordained that a special tax on
real 6st&t6i etc.
real estate and slaves shall be levied in January of each year,
sufficient to pay the annual interest on said bonds, specifying
the rate of said tax, which shall be collected at the same time,
and in . the same manner, as the consolidated loan tax of said
city ; and all ordinances, resolutions, or other acts passed by this
council after the first day of January in each year, except an
ordinance to impose said consolidated loan tax, and an ordinance
to impose a tax for the payment of interest on bonds which may
hereafter be issued for subscription to the New Orleans, Opelou-
sas and G-reat Western Railroad Company, shall be null and void,
unless a resolution imposing a special tax for the payment of the
interest on the bonds issued to the New Orleans, Jackson and
Great Northern Railroad Company shall have been previously
passed. Provided, that no levy of a tax for the payment of in-
terest on said bonds shall be made after the payment of divi-
dends of six per cent, per annum on the stock of said company,
held by the city, which dividends shall be applied by the city to
the payment of the interest. And provided further, that when-
ever the dividends on said railroad stock of the city shall amount
RAILROADS. 219
to more than six per cent, per annum, the excess, after the pay-
ment of interest, shall be applied to the purchase of the city
bonds issued under the provisions of this ordinance ; it being un-
derstood, that when dividends for less than six per cent, per
annum are received on the railroad stock of the city, a tax for
interest shall be levied for the difference only between the
amount of the said annual dividends and the amount of the
annual interest.
No. 624. (4.) Be it further ordained, that immediately after How bonds dd.
the passage of this ordinance, and its approval by the voters of
the city, as hereinafter provided, the mayor shall cause bonds to
be issued to said railroad company for a per centage of the city
subscription, equal to the per centage which may have been pre-
viously called by the board of directors of said railroad company,
on the subscriptions of private stockholders in the city of New
Orleans ; and, thereafter, he shall cause bonds to be issued to
said company for the same per centage that may be demanded
from private stockholders, under any subsequent call of said board.
No. 625. (5.) Be it further ordained, that an ordinance Repeal of certain
approved May 17th, 1852, entitled ^^ An ordinance providing for
the subscription by the city of New Orleans to the stock of the
New Orleans, Jackson and Grreat Northern Railroad Company,"
be and the same is hereby repealed, provided the repeal of said
ordinance shall not be so con stnT^d as to relieve the city from the
liability to collect and pay over lo said railroad company that por-
tion of the railroad tax imposed under said ordinance, payable in
the year one thousand eight hundred and fifty-three, which has
not yet been collected and paid over to said company.
No. 626. (6.) Be it further ordained, that within fifteen Ratification of
day? after the passage of this ordinance, and after ten days'
notice in two or more of the city newspapers, to be given by the
mayor, and on a day within the said fifteen days to be specified in
said notice by said mayor, an election shall be held for the appro-
val and ratification or rejection of this ordinance by the voters of
the city of New Orleans, who have the right, under existing laws,
of voting at city elections — said election to be conducted in the
manner prescribed by law for city elections. At said election the
voters who may be in favor of approving and ratifying this ordi-
nance shall write or print on their ballots the words '^For the
Ordinance," and those who are opposed to said ordinance shall
write or print on their ballots the words " Against the Ordi-
nance." Provided the board of directors of said company shall
220 RAILROADS.
notify the mayor, in writing, before the publication of the notice
of election, of their consent to accept said ordinance j and pro-
vided further, that the provisions of this ordinance for a sub-
scription to the stock of* said New Orleans, Jackson, and
Great Northern Railroad Company, shall not be valid until this
ordinance shall be ratified by a majority of the votes cast at the
election herein ordered.
City Ordinance, No. 1463. Approved 7th April, 1854.
Right of way. No. 627. (1.) That the right of way applied for by the New
Orleans, Jackson and Great Northern Eailroad Company be, and
is hereby granted.
Widening of No. 628. (2.) That the mayor be, and is hereby, authorized and
requested to take immediate and necessary legal measures to have
Calliope street widened fifteen feet on each side, from Howard
to Galvez street, and fifty feet on each side of said street from
Galvez street to the outer or southern line of this city, on con-
dition that said railroad company notify the mayor, within ten
days of the passage of this resolution, that it will pay all dam-
ages and expenses incurred in widening said street.
City Ordinance, No. 794. Approved 15th March, 1S53.
For City Tax, see 736.
ACTS OF THE LEGISLATURE.
For act of incorporatioD, see acts 1853, p. 109.
Acts of subscription by State, see acts 1853, p. 142 and 262.
Providing for subscription by city, see acts 1854, p. 72.
calliope street .
2. — NEW ORLEANS, OPELOUSAS AND GREAT WESTERN RAIL-
ROAD COMPANY.
An Ordinance, providing for tlie subscription, by the city of New Orleans,
to the capital stock of the New Orleans, Opelousas and Great Western
Railroad Company.
City BubscripUon No. 629. (1.) Be it ordained by the common council of the
city of New Orleans, that the mayor subscribe, on behalf of said
city, for sixty thousand shares, of twenty-five dollars each, of the
capital stock of the New Orleans, Opelousas and Great Western
Railroad Company, amounting to one million five hundred
thousand dollars.
How payable. No. 630. (2.) Be it further ordained, that said subscription
shall be payable in bonds of the city of New Orleans, for one
thousand dollars each, having twenty years to run, bearing
interest at the rate of six per cent, per annum, with interest
RAILROADS. 22l
coupons attached, payable semi-annually in New Orleans or New
York, as said railroad company may prefer, transferable by the
endorsement of the president and secretary of said company, and
convertible into the stock of said company, at the option of the
holder, at any time within ten years after their date.
No. 631. (3.) Be it further ordained, that a special tax on special tax on
real estate and slaves shall be levied in January of each year, ""^^^ ®'*''*®' ^^'
sufficient to pay the annual interest on said bonds, specifying the
rate of said tax, which shall be collected at the same time, and in
the same manner, as *the consolidated loan tax of said city ; and
all ordinances, resolutions, or other acts, passed by this councilj
after the first day of January in each year, except an ordinance
to impose said consolidated loan tax, and an ordinance to impose
a tax for the payment of interest on bonds which may hereafter
be issued for subscription to the New Orleans, Jackson and Great
Northern Kailroad Company, shall be null and void, unless a
resolution imposing a special tax for the payment of the interest
on the bonds issued to the New Orleans, Opelousas and Great
Western Railroad Company shall have been previously passed ;
provided, that no levy of a tax for the payment of interest on
said bonds shall be made after the payment of dividends, of six
per cent, per annum, on the stock of said company held by the
city, which dividends shall be applied by the city to the payment
of the interest. xVnd provided, further, that whenever the divi-
dends on said railroad stock of the city shall amount to more than
six per .cent, per annum, the excess, after the payment of interest,
shall be applied to the purchase of the city bonds, issued under
the provisions of this ordinance ; it being understood, that when
dividends for less than six per cent, per annum, are received on
the railroad stock of the city, a tax for interest shall be levied for
the diiference only between the amount of the said annual divi-
dends and the amount of the annual interest.
No. 632. (4.) Be it further ordained, that immediately after Bonds, hotr de-
the passage of this ordinance, and its approval by the voters of ^^^^^^^'
the city, as hereinafter provided, the mayor shall cause bonds to
be issued to said railroad company for a per centage of the city
subscription equal to the per centage which may have been previ-
ously called by the board of directors of said railroad company on
the subscriptions of private stockholders in the city of New
Orleans ', and thereafter, he shall cause bonds to be issued to said
company for the same per centage that may be demanded from
private stockholders, under any subsequent call of said board.
this ordinance.
222 RAILROADS.
Repeal of certain No. 633. (5.) Be it further ordained, that an ordinance,
approved May 13th, 1852, entitled "An ordinance providing for
the subscription, by the city of New Orleans, to the stock of the
New Orleans, Opelousas and Great Western Railroad Company,' '
be, and the same is hereby, repealed; provided, the repeal of said
ordinance shall not be so construed as to relieve the city from
the liability to collect and pay over to said railroad company that
portion of the railroad tax imposed under said ordinance, payable
in the year one thousand eight hundred and fifty-three, which
has not yet been collected and paid over to said company.
Ratification of No. 634. (6.) Be it further ordained, that within fifteen days
after the passage of this ordinance, and after ten days' notice in two
or more of the city newspapers, to be given by the mayor, and
on a day within the said fifteen days, to be specified in said notice
by said mayor, an election shall be held for the approval and rati-
fication or rejection of this ordinance, by the voters of the city of
New Orleans, who shall have the right, under existing laws, of
voting at city elections ; said election to be conducted in the
manner prescribed by law for city elections. At said election,
the voters who may be in favor of approving and ratifying this
ordinance, shall write or print on their ballots the words "for the
ordinance;" and those who are opposed to said ordinance, shall
write or print on their ballots the words "against the ordinance;"
provided the board of directors of said company shall notify the
mayor, in writing, before the publication of the notice of election,
of their consent to accept said ordinance ; and provided, further,
that the provisions of this ordinance for a subscription to the
stock of said New Orleans, Opelousas and Great Western Rail-
road Company, shall not be valid until this ordinance shall be
ratified by a majority of the votes cast at the election herein
ordered.
City Ordinance. No. 1464. Approved 7tti April, 1854,
*For City tax, see No. 736.
ACTS OF THE LEGISLATURE.
For the act of Incorporation, see acts 4854, p. 115.
For its amendment, see acts 1853, p. 328 and 1855, p. 212.
Act of Subscription by State, acts 1853, p. 141.
Providing for Subscription by city, acts 1854, p. 59.
*For Company's ferry privileges, etc., see, at City Hall, Ordinances
No. 2290, 1698 and 1804 ; and relative to certain lost bonds, see Ordi-
nances No. 2659 and 2829.
RAILROADS* 223
3. — NEW ORLEANS AND CARROLLTON RAILROAD COMPANY.
An Ordinance relative to the branch of the New Orleans and Carrollton
Railroad Company, on Jackson street, Fourth District.
No. 635. (1.) Permission is hereby granted to the New Or- Permission to
leans and Carrollton Eailroad Company^ to continue their branch
railroad on Jackson street^ from St. Charles (late Nayades)
street, to, the head of Jackson street, and run their cars thereon,
for the unexpired time of their original charter, which extends
to 9th February, 1883, on condition that the said company shall,
within ninety days from the passage of this ordinance, cause the
track of their road to be removed from Tivoli Circle, and placed
in the southwest street adjoining, sufficiently remote from the
curb-stone, on either side, to admit of the free passage of the
water in the gutters ; and also that the said company shall,
within twelve months, cause the ditches on each side of their
track on St. Charles (late Nayades) street, from Tivoli Circle to
Jackson street, except two squares on each side of Melpomene
canal, to be filled up, and said street regularly graded, from said
track to the gutters, under the direction of the city surveyor.
No. 636. (2.) The foregoing privilege shall be null and Proriso,
void, should it conflict with the rights granted to the Lafayette
and Pontchartrain Railroad Company.
. No. 637. (3.) Said Carrollton Railroad Company shall be subject to police
subject to such police ordinances and regulations as the common ordinance,
council shall, from time to time, deem advisable.
City Ordinance, No. 2699. Approved, March 31st, 1856.
4. — PONTCHARTRAIN RAILROAD COMPANY.
(The ordinances on this subject are omitted. They can be
found at the city hall, and are numbers 1577, 2080, 2543, and
2623.)
For city tax, sec No. 735, and No. 736.
5. — RAILROADS GENERALLY.
ACTS OF THE LEGISLATURE.
Expropriation of lands, see acts 1852, p. 91, 1856, p. 58.
Their right to mortgage, etc., see acts 1854, p, 112.
To provide for subscription to stock by parish and municipal corpora-
tions, see acts 1855, p, 12.
To regulate corporations generally, see page 78 of this book.
To extend the powers of railroad companies, see page 83 of this book.
224 RECORDERS.
Relative to taxes and bonds in New Orleans, see acts 185G, p. 148,
Bee. 42; p. 162, sec. 117; p. 152, sees. 69, 70, 71, 72.
DECISIONS OF THE SUPREME COURT.
The act of March 12th, 1852, " providing for the subscription by the
parishes and municipal corporations of this State to the stock of corpo-
rations undertaking works of internal improvement, and for the payment
and disposal of stock so subscribed," is constitutional. The restric-
tions imposed by articles 108 and 109 of the constitution of 1852, upon
the aid which the State may grant to corporations for internal improve-
ments, is no limitation upon the aid which the legislature may authorize
the police juries, etc., to grant. The burden imposed under the act of
1852 is a tax, etc. The power of taxation, and that of taking private
property for public use, are distinct things; in the latter case, previous
compensation must be made ; in the former, though in taking a man's
money you do take his property, the compensation is considered as sim-
ultaneously given in the benefit, which, as a citizen, he enjoys in common
with his fellow-citizens, in the public welfare and the public prosperity,
to the advancement of which the money is to be applied. The provision
in the act that the contribution levied shall entitle the contributor to
stock in the corporation, cannot be regarded as a grievance, and in no
respect changes its character as a tax. — 8 Ann. 341.
The city has the right to sue for the tax imposed under the city ordi-
nance, passed in conformity with the act of the legislature of the
12th March, 1852. The provision of the constitution of 1845, which for-
bids the State to subscribe to the stock of any corporation, does not
extend to such subscriptions by municipal corporations. — 9 Ann. 501.
The assessment by the city authorities, on account of the subscription
to railroad stock, and for the consolidated loan tax, is essentially a tax. — •
10 Ann. 762.
For other decisions see "Revenue."
RECORDERS.
Duty as to vio. No. 638. It shall be the duty of the several recorders of
nances. this city to hear and determine all complaints which may be
brought before them, for the violation of every ordinance of the
city, and in ca^e any person shall be found by them guilty
of any violation as aforesaid, to condemn the person or persons
so found guilty, to the payment of the fine enacted for such
violation, and in case of its non-payment, to an imprisonment in
the parish jail for a period not exceeding thirty days, or until
said fine be paid.
City Ordinance, No. 2324, sect. 3.
RECORDERS. 225
No. 639. That the recorders of the respective districts of Runaway siayes.
the city be, and they are hereby directed to commit all runaway
slaves, as well as persons of color who may be in the State in
contravention of law, to the work house.
City Ordinance No. 1537.
No. 640. It shall be the duty of the recorders of the several To keep a book,
districts of this city, to keep a book in which shall be entered
daily the names, age, place of birth, profession, occupation, etc.,
of each person brought before them, and after examination, com-
mitted to the work-house of this city — together with the nature
of the charge made against such person, the date of his commit-
ment and the term for which he was sentenced to remain in the
work-house.
City Ordinance, No. 2903.
No. 641. From and after the passage of this resolution, it To render weekly
shall be the duty of the recorders of the several districts to render
a weekly account, and to pay into the treasury all fines collected
See Ordinance, No. 170.
No. 642. The clerks of the recorders be, and are lierebj^, Monthly ac-
directed to report monthly to the common council, the amount ^^^^ ^'
of fines assessed, and also the amount collected in their several
districts.
City Ordinance, No. 407.
No. 643. Each of the assistant recorders elected by the Assistant re-
common council shall, when acting as recorder, receive the same ''°^^^^^-
ratio of compensation as the recorder in whose place he shall act.
And in case said recorder shall have no excuse, satisfactory to
the council for non-attendance to his duties, said compensation
shall be deducted from his salary.
City Ordinance, No. 2161 .
For Salaries of Clerks, see "Salaries," No. 748.
No. 644. That the recorder of the second district be, and cleaning of re-
he is hereby, authorized to appoint a person to clean the police prison.^
station and prison of said district, provided the pay does not
exceed twenty-five dollars per month.
Ordinance No. 1665.
That resolution No. 1665, approved June 30, 1854, and
which authorizes the employment of a proper person to clean
the police station and prison of the second district, at a salary
not exceeding twenty-five dollars per month, be also made to
29
226 REOORDEKS.
include tlie cleaning of the recorder's office of said district,
without any further increase of salary.
City Ordinance, No. 2627.
For things to be purchased, see No. 582.
For necessary blank forms, see No. 567.*
For Recorders' duty as to burials, etc., see No. 126,
STATE CONSTITUTION.
Aet. 124. The citizens of the city of New Orleans shall have the right
of appointing the several public officers necessary for the administration
of the police of the said city, pursuant to the mode of elections -which
shall be prescribed by the Legislature ; provided, that the mayor and.
recorders shall be ineligible to a seat in the general assembly ; and the
mayor, recorders, aldermen and assistent aldermen shall be commissioned
by the governor as justices of the peace, and the Legislature may vest in
them such criminal jurisdiction as may be necessary for the punishment
of minor crimes and offenses, and as the police and good order of said
city may require.
ACTS OF THE LEGISLATURE.
See acts 1820, p. 22, sec. 1.
See acts 1836, sec. 19, p. 35.
Duties of recor- Sec. 28. That the recorders shall have their offices at such places in
^*"^^' their several districts as the common council may deem most convenient,
and shall keep the same open from nine o'clock, a. m., until three o'clock,
p. M., of each day, Sundays excepted. They shall be ex-officio justices
and conservators of the peace, and shall exercise all the duties now in-
vested in and imposed by law upon the recorders of the city of New Or-
leans, not incompatible with the provisions of this act. They shall keep
a record book, in which they shall fairly inscribe, in their order of date,
the different criminal cases that may be brought before them, by noting
down the cause, the nature of the complaint, the names and surnames of
the witnesses, the date of the warrant and of the appearance of the
accused, the decision, as well as all other proceedings had in the cause.
Salary of recor- Their salaries shall be two thousand five hundred dollars per annum; and
*^®"- no fees shall be allowed them for their own use and benefit, on any pre-
Rocorder's clerks tence whatever. Each recorder shall be entitled to one or more clerks,
to be appointed by said recorder, by and with the advice and consent of
the board of aldermen, and whose salary shall be fixed by the common
council. Any clerk so appointed, may be removed by the recorder
appointing him ; but in such case, reasons for such removal shall be
forthwith communicated in writing, to the board of aldermen.
Recorders pro Sec. 29. That the common council shall, within one week after its or-
chos^en.^' ^^^ ganization, elect, viva voce, from their own number, four persons, who
alone shall act as recorders pro tempore, in the case of the sickness or
absence or suspension of any one or more of the recorders; and they shall
RE0ORBER8. 227
receive, while so acting, the salary payable to said recorders, to be de- Salary of recor-
ducted from the salary to the same.— Acts 1856, p. 142. *^®" P'^^ ^^
See acts 1850, p. 161, sees. 19 and 22.
See acts 1856, p. 138, sees. 10, and p. 137, sees. 6, 7 and 8, placed under
head of " Officers," page 188.
Sec. 34. That whenever any person shall be accused of any breach Committing mag*
of the peace, crime or misdemeanor, by the oath of one or more credible pow^ew dlmied
witnesses, it shall be the duty of the justice of the peace or committing
magistrate, before whom the accusation is made, to receive the complaint
and to cause the accused to be arrested and brought before him, to be
examined according to law. When the person so accused shall have been
brought before the justice or magistrate, it shall be his duty to examine
on oath such witnesses as may appear against him, and to reduce their
depositions to writing. It shall also be his duty to receive the volun-
tary declarations of the person accused, and the answers which, without
promise or threat, he shall make to the questions which the examining
magistrate shall put to him, and to cause them to be reduced to writing
and signed by the prisoner in his presence and that of two witnesses ; or
if he cannot sign, to mention that circumstance, and to certify the dec-
laration witn his signature and that of the two witnesses, which dec-
laration, thus certified and signed, shall be evidence before the grand
and petit jury. After the examination shall be thus made, if it shall ap-
pear from the testimony of the witnesses that a breach of the peace,
crime or misdemeanor has been committed, it shall be the duty of the
magistrate to send the accuscfl to jail under the custody of his constable,
if the crime be punishable wiiii ucuth, or with imprisonment at hard
labor for seven years or more.
If the offense be punishable with less severe penalties, he shall set him *
at liberty upon his giving bond with approved security for such sum as
the magistrate shall fix, according to the importance of the offense, con-
ditioned for the appearance of the party accused at the next district
court, in the parish in which the offense shall hive been committed. If
he be unable or refuse to give bond with such security, the magistrate
shall commit him to prison until he be delivered in due course of law.
Sec. 35. That whenever a citizen of this State shall be arrested or
confined out of the parish or district of his domicil on the charge of hav-
ing committed any bailable offense, the magistrate may admit him to bail
on the bond of sureties residing in the same parish or judicial district as
the accused.
Sec. 36. That in such cases the bail bond shall be signed and execu- Magistrates to
ted by the sureties before a competent magistrate of the parish or dis- ciency of baiU*^'
trict in which they reside, who shall certify the sufficiency of the bail at
the foot of the bond. It shall be made returnable to the court beforo
which the accused is ordered to appear for trial, and all proceedings there-
on shall be had in the same court.
Sec. 37. That every magistrate committing any person to prison Magistrates to
shall make out a commitment, which shall be signed by him, ordering ^^ts,
the sheriff to keep the person accused in safe and sure custody, until de-
228 RECORDERS.
livered by due course of law, and shall substantially set forth the nature
of the offense of which such person is accused, which commitment shall
be sufficient warrant and justification to the sheriff or his deputy for the
detention and imprisonment of the party so charged.
Defendant may Sec. 38. That when any prisoner or defendant; charged with having
bound ^^over'^^to committed any crime or misdemeanor, shall swear that any witness then
appear. i^ the parish where he is to be tried, is material for his defense, and that
he has reason to fear and verily believes that he is about to depart there-
rom, it shall be lawful for the justice before whom the complaint was
made, or for the court by which the prisoner or defendant is to be tried,
to bind over the witness for his appearance before the court in the same
manner as the witnesses on the part of the prosecution are bound over.
Justices to take Sec. 39. That when any person is brought before any justice of the
depositions in peace, charged with having committed an offense against the laws of the
■witnesses and State, it shall be the duty of the justice to take in writing the deposi-
therefor^ tions of all the material witnesses on behalf of the State, and also to
take their recognizance or bond in such sum as may be reasonable, con-
ditioned for their appearance before the court having jurisdiction of the
offense, there to give evidence in the case, and not to depart without
leave of the court; which depositions and recognizances or bonds shall be
forthwith returned to the clerk's office of the court having jurisdiction of
the case. They shall also deliver to the clerk of said court the money,
goods or chattels stolen, the weapons used, the bills or obligations forged,
or any other property or piece of evidence that may be used on the
trial ; and it shall be his duty to receive and keep the same in safe and
sure custody, subject to the order of the court, taking care to preserve
the identity of the same.
Breaches of peace Sec. 40. That the justices of the peace shall have power in all
temSated ""^Ju"- ^^^®^ '^^ which it shall appear to them by oath that a breach of the peace
tices have power has been committed, or that there is just cause to apprehend that a
soas or require breach of the peace is intended, to cause the party, charged with such
security. breach of the peace or intention of breaking the same, to be brought
before them respectively, and to direct him to give such security as he
may deem reasonable to keep the peace of the State, and to answer to the
offense if any has been committed ; and in case of refusal to give such
security, to commit the party so charged to the custody of the sheriff,
who shall thereupon imprison the party until he shall enter into such
security as has been ordered, before the same or some other judge or
justice of the parish.
Justice to specify Sec. 41. That it shall be the duty of every justice of the peace, to
name and sur- ■yrhom complaint is made of any offense against the laws of the State,
name of the of- ^ «•,«.,,,
fender and injur- to specify the name and surname of the offender, and also of the person
ed party. ^j^^ ^^^ harfe sustained the injury, in the declaration which shall be
made before him of such offense, as far as he shall have knowledge
thereof by inquiry made on that subject ; and moreover he shall specify
therein the day, month, year and place when and where the offense •
complained of was committed.
Attorney general Sec. 42. That whenever the attorney general or any district attorney
ney to^make**S s^^all be informed that a crime or misdemeanor has been committed, and
REOORBERS. 229
that no complaint or declaration thereof has been made before any judge quiry when in-
or justice of the peace, it shall be their duty respectively to enquire crime or misde-
ex- officio into the fact by causing all persons they shall suppose to have "^°°Jj^^ ^^^
some knowledge of the fact to be summoned before some judge or justice
of the peace, that their deposition may be taken.
Sec. 43. That warrants for the arrest of any person accused of any judge or justice
crime or misdemeanor, issued by any judge or justice of the peace, ™nl[g "nd^u^""
shall be executed throughout the State, and shall authorize the arrest thorize arrests,
of the person accused upon being tacked or endorsed by some magistrate
of the parish wherein the offender may be.
Sec. 44. That when any person ihall commit an offense in one Expenses to be
parish and fly to another, on complaint thereof being made to any paid by the parish
justice of the peace of the parish where such offender shall be found, is committed,
it shall be his duty to issue his warrant, directed to the sheriff or any
other proper officer, to apprehend and bring such offender before him ,
and if, on examination, the justice shall be of opinion that he ought to
be put on trial for the alleged offense, he shall commit him to prison
until he can be transferred to the parish where the offense is alleged to
have been committed.
The expenses attending the removal of such offender from one parish
to another shall be allowed by the court to a reasonable amount, and
shall be paid by the State treasurer.
Sec. 45. That all process in criminal cases, issued by any judge or Process in
justice of the peace of the parish of Orleans, against persons charged New^Oriean?may
with crimes or misdemeanors, shall be executed throughout the parish of be executed in
Jefferson by the officers charged with the execution thereof, without ferso^without^ '
being endorsed by any judge or justice of the parish of Jefferson. endorsement.
Sec. 46. That all process in criminal cases, issued by any judge or Process in Jefifer-
justice of the peace of the parish of Jefferson, against persons charged cu°ed1n Orie^*
with crimes or misdemeanors, shall be executed throughout the parish of the same way.
Orleans, by the officer charged with the execution thereof, without
being endorsed by any judge or justice of the peace of the parish of
Jefferson.
Sec. 47. That it shall be lawful for any judge or justice of the peace judges and jus-
to issue a warrant of search for stolen goods, on the oath of any creditable *^°*^ , ™"y "*"®
. , , , ... , , , , . search warrants
person, particularly describing the place suspected and intended to be for stolen pro-
searched. P*"^*^-
It shall be lawful for him to issue his warrant to search any ship,
vessel, or other water craft, or any house, plantation, or other place,
whenever any person shall apply for the same, and shall swear that he
has strong reasons to believe and suspect that some slave of his own,
or belonging to some person for whom he is acting by virtue of a power
of attorney, or other authority to claim such slave, as the case may be,
is concealed therein. The search warrant granted must expressly
mention the name of the ship, vessel, or other water craft, or the
particular place, house or building in which the search is to be made. — ,
Acts of 1855, p. 155.
230 RECORDER 01" CONVEYANCES.
DECISION OF SUPREME COUET.
In creating the office of recorder, the framers of the constitution
evidently intended to place it on the same footing as that of the other
justices of the peace in the State, so far as to make them a component
part of our judiciary department. — 10 Ann. 730.
See Art. 124, State Constitution, p. 226.
RECORDER OF CONVEYANCES.
ACT OF THE LEGISLATURE.
An Act creating a Register of Conveyances for the parish of Orleans.
Re<»i8ter of con- SECTION 1. Be it enacted by the Senate and House of Representatives of
veyances to be flie State of Louisiana in General Assembly convened, That there
fourth year. shall be appointed by the Governor, by and with the advice and consent
of the senate, an officer with the title of register of conveyances for the
parish of Orleans, whose appointment shall be renewed every fourth year.
Register'* bond. ^^^- 2. That he shall furnish the Governor of the State a bond, in a
sum of fifteen thousand dollars, with good and sufficient security of two
freeholders in the parish of Orleans, for the faithful performance of the
duties that are imposed upon him by law.
Deputy. Sec. 3. That he may appoint a deputy, provided, however, that he
shall be responsible for his acts. The deputy shall take the oath pre-
scribed by the constitution.
Office of register Sec. 4. That it shall be his duty to keep his office in as central a
where kept. situation as possible, and in a brick house, and to keep his record books
open to the inspection of all persons, and to deliver to them certificates
of the inscriptions that may have been made, if they require the same ;
Duty of register, ^y^i^ich certificates when signed by the register, and sealed with the seal
of office, which it shall be the duty of said register to keep, shall be
received in courts of justice in evidence in the same maftner as all other
public acts.
Register author- ^^^* ^- ^^^^ ^^^ register is authorized to open as many records at a
ized to open sev- time as may be necessary ; they shall be numbered and paraphed by a
judge of the district. He shall register all acts of transfer of immovea-
ble property or slaves, passed in the city and parish of Orleans, which
shall be presented to him, in the order in which said acts shall have
been delivered to him, to be registered, and in the following manner :
Manner of re. Sec. 6. That when said acts of transfer of property shall have been
act8.^°^ notarial ^^^^^^ before a notary public, it shall be sufficient that the registering
of said acts be made, on a certificate being presented from the notary,
Avho shall have passed said act, containing :
First — The date of the act, and the place where it was passed.
Second — The names, surnames, and qualities of the contracting
parties.
RECORDER OP MORTGAGES. 231
Third — A description of the immoveable property or slaves which
have been transfered, with all necessary details.
Fourth — The price of the transfer, whether paid in ready money, or
on time; in the latter case what the terms and conditions are.
Sec* 7. That whenever acts of transfer shall have been passed under Manner of regis-
. , . , ., . , , „ . X ^, • X X -ix. X tering acts under
private signature, said register shall register them m toto, with an act private sig-
ascertaining the signatures, if the contracting parties wish the registry 'i«^t"f®«
of the act to be accompanied with an act ascertaining their signatures.
Sec. 8. That whenever an act under private signature shall be taken ?e|^t(f take*^*^^
to said register to be recorded, as required by the preceding section, acknowi edgment
he may, if thereunto requested by the parties, take an acknowledgment ° ^'^°* ^^^^'
of their signatures, which acknowledgment shall be recorded with the
said act under private signature.
Sec. 9. That acts, whether they are passed before a notary public Acts not regis-
or otherwise, shall have no effect against third persons, but from their ^^^^^^ again^st "°
day of being registered. third persons.
Sec. 10. That the said register shall in no wise make any of the The register can-
inscriptions, nor deliverany of the certificates Which by law the recorder ties assigned to
of mortgages in New Orleans has the right of making and delivering. . recorder of
Sec, 11. That in no case shall said register be entitled to pass any h^ cannot pass
of the acts that notary publics are entitled to pass. notarial acts.
Sec. 12. That whenever a notary shall neglect to send to said Record of ab-
register an extract of the act by him passed, the register is authorized ^hich register is
on the production of an authentic copy of said act to record only authorized to
an extract therof, containing the same clauses as are to be contained
in the extracts which notaries are authorized to deliver.
Sec. 13. That the register of conveyances of the city of New Orleans Feeq of register,
shall be entitled to the following fees of office, and no other nor greater
fees shall ever be received or demanded by him : for each registry of a
conveyance, one dollar ; for each alienation, or any other certificate
required of him, fifty cents.
Sec. 14. That it shall also be the duty of the register of convey- List to be trans-
ances, every month to transfer to the board of assessorS'of New Orleans, ^y^^^regist^e'r^^to
& list of all conveyances recorded in his office during the month. board of assessors
Sec. 15. That* all laws contrary to the provisions of this act, and all Certain laws re-
laws on the same subject-matter, except what is contained in the Civil ^^'^ ^ *
Code and Code of Practice, be repealed. — Acts of 1856, p. 345.
RECORDER OF MORTGAGES.
ACTS OF THE LEGISLATURE.
An Act creating a Recorder of Mortgages for the Parish of Orleans.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened, That the Govern'- Recorder of
nor shall nominate, and by and with the advice and consent of the ^^j^^fnSb'
senate, appoint a recorder of mortgages for the parish of Orleans, who governor.
232 EEGISTRY.
Ills term of office, shall hold his office for two years, and until his successor shall be duly
appointed and qualified.
His bond. Sec. 2. That he shall furnish to the Governor of the State his bond,
with one or more securities, to the amount of forty thousand dollars, for
the faithful execution of the duties required of him by law, and for the
payment of such damages as may be sustained by his failure to dis-
charge such duties.
Deputy recorder. Sec. 3. That he is authorized and empowered to appoint a deputy,
whose duties shall be the sume as those of said recorder; provided,
that he and his sureties shall be responsible for the official acts of said
deputy.
Certain laws re- Sec. 4. That all laws contrary to the provisions of this act, and all
pealed. j^^^ ^^ ^j^g same subject-matter, except what is contained in the Civil
Code and Code of Practice, be repealed. — Acts 1855, p. 321.
See Acts 1855, p. 406.
REGISTRY.
ACTS OF THE LEGISLATURE.
An Act relative to Registry.
Section 1. Be it enacted by the Senate and House of Bepresentativea
Notarial acts to of the State of Louisiana in General Assemble/ convened, That no nota-
be recorded. ^jj^j ^^^^ concerning immoveable property, shall have any effect against
third persons, until the same shall have been recorded in the office of
the parish recorder, or register of conveyances of the parish where such
immoveable property is situated.
Manner and Sec. 2. Thati all sales of lands or slaves made by any sheriff or
place of recording Q^j^gj. officer, by virtue of any execution ; all marriage contracts made
within this State, tending in anywise to convey, transfer, assure, or
effect the estates of the parties, or being only intended to ascertain the
dotal rights of the wife, or that her marriage portion is liable to some
reserves, or stipulated to be paraphernalia, or extra dotal property ; all
final judgments shall be recorded as follows, to wit : where lands or
other immoveable property are to be affected, the recording shall be in
the parish where the lands or other immoveable estates shall be situated,
and when slaves are to be affected, then in the parish where the party,
gaid acts to be whose estate is to be affected, shall have his domicil. And all sales,
corded^ ^^^ '^* contracts, and judgments, which shall not be so recorded, shall be ut-
When said record terly null and void, except between the parties thereto. The recording
persons*^^'^*^ may be made at any time, but shall only effect third persons from the
time of the recording.
Certain laws re- gj-c. 3. That all laws contrary to the provisions of this act, and all
laws on the same subject-matter, except what is contained in the Civil
Code and Code of Practice, be repealed.— Acts of 1855, p. 335.
REGISTRY OP BIRTHS AND DEATHS. 233
REGISTRY OF BIRTHS AND DEATHS.
ACTS OP THE LEGISLATURE.
An Act to provide for the Registry of Births and Deaths.
Section 1. Be it enacted by the Senate and House of Representatives of Record of births
T- , mi • I. 11 1 and deaths to bo
the State of Louinana in General Assembly convened, That it shall be kept by lecor-
the duty of all the parish recoriiers of the State to record all the births *^'^^^-
of white persons in a book bound and kept for that purpose, by order
of dates, and likewise to record all deaths of white persons in another
book kept in the same manner.
Sec. 2. That it shall be the duty of the parish recorder to receive Delay for receiv-
declarations of births within eight days from the birth. They may how- of births.
ever extend that delay to two months after the birth, when a declara-
tion could not be made sooner, on account of the persons, who are to
make the same, living at a distance, or being prevented by sickness or
other lawful impediment.
Sec. 3. That the birth of a child shall be declared by his father, or p,ipth, by whom
in case the father could not make the said declaration, by any other declared, and
person who may have been present at the birth of the child, and the
said birth shall be immediately recorded in the presence of two wit-
nesses.
Sec. 4. That the said records shall contain the day, hour and place Record, rrhat to
of birth, the sex of the child, and the first name or names given to the
child, the first name or names, profession and residence of the father
and mother, and the names of the witnesses.
Sec. 5. That deaths shall be recorded by the parish recorders, upon Uedarntion of
deith,by whom
the declaration of two witnesses, who shall be, if possible, the two nearest to be made.
relatives or neighbors of the deceased, or when a person shall have died
out of his house, the person at whose house he shall have died, with a
relation or another.
Sec. 6. That the record of deaths shall contain the name in full, age. Record of decla-
trade and residence of the deceased, the name in full of the surviving ^hat"to^ contain!
consort, if the person deceased was married, or a widower, or a widow,
the name, age, profession and residence of declarants, and if they be
relatives, their degree of relationship. The same record shall contain,
as far as the same may be ascertained, the christian names, profession "
and residence of the father and mother of the deceased, and the place of
his or her birth.
SeC: 7. That there shall be kept, for the recording of births and Record of births
deaths of free people of color, books similar to those which shall be kept f^" o peopl? of ^^'^
for white persons, and the formalities above prescribed concerning white color,
persons shall be observed with respect to people of color.
Sec. 8. That no person out of the parish of Orleans shall be under Out of the pari.'h
any legal obligation to have a birth or death recorded. pcr.Sn'obHged'to
Sec. 9. That the birth of every free child in the parish of Orleans have births or
,,.,,, , , . . , . , . , . , , dciiths recorded.
B lall be declared therein withm thirty days, as provided in the pre- Delay for dedar-
ceeding sections. Every person offending against the provisions of ork-aoa!^^ *" ^*
234 REGISTRY OV VOTERS.
ren.iify for net this sc^tion shall pay a fine of not less than five nor more then ten dol-
fonforraing t.) , i ,n „ , , ,. « ■ . „
6UUK'. lar.=, one-half for the bsnent of the informer.
Delay for c'eclar- Sec 10. Tliat the death of every free person within the parish of
Orkans!^'*^^ ^'' O^'^c-'ins shall be declared therein within thirty days. This declaration
shall be made by the nearest relations of the deceased if they are present,
and in case of absence, by the testamentary executor, if there is one ;
if none, by the owner of or tenant of the house in which the individual
Penalty for not died; and every person offending agains^ provisions of this section shall
thereto?"^ be fined not less than five nor more than ten dollars.
I?('corjer of Sec. 11. That for the parish of Orleans, there shall be an office of
in^^^e^' Orleans! record of births and deaths, whereof the officer shall be appointed by
the Governor.
Tee for rccordins Sec. 12. That for every record of birth and death, and for regis-
rt or death. ^QYing; the same, henceforward the sum of fifty cents shall be allowed.
Certain laTTs re- Skc. 13. That all laws or parts of laws conflicting with the provisions
^^ ^ of this act, and all laws on the same subject-matter, except what is con-
tained in the Civil Code and Code of Practice, be repealed. — Acts of
1855, p. 41.
BEGISTRY OF VOTERS.
ACTS OF THE LEGISLATURE.
An Act providing for the registry of the names and residence of all the
qualified electors of the city of New Orleans, according to article
eleventh of the constitution of the State.
Section 1. Be it enacted by the Senate and House of Pepresenia-
Appointment of lives cf the State of Louisiana in General Assembly convened, That
there shall be appointed by the Governor of this State, by and with
the advice of the Senate, for the period of four years from the fourth
Mondoy of January, one thousand eight hundred and fifty-six, a
discreet citizen of the city of New Orleans, as register of the names
and residence of all the qualified electors of said city, as contemplated
His duty to reg- by the eleventh section of the constitution of this State, whose duty it
iJmeucc"^of "vol s^li'i^^ ^e to register the names and residence of all the qualified electors
ters in '•( rigi .ill of said clty, in a well bound book, which he shall keep for that purpose,
"^ * to be called " Original Registry of Voters," in which he shall register,
day by dny as they appear, the names and residence of all the qualified
electors of the city of New Orleans.
Xamcs of -ffhat Sec. 2. That it shall be the duty of the register, only to place on the
lersoiiB to bo pfffistrv the naraes and residence of such citizens as, by the constitution
registered. -^ fo .7 ^ ^ ^ ^ J
and laws now existing, or which shall hereafter be enacted, may be en-
titled to vote ; and in the performance of his duties he shall conform to
the following directions :
Form of registry ^^^- The registry book shall contain opposite the name and residence
of the elector registered, proper divisions showing the date of the registry,
REGISTRY OP VOTERS. 235
how long ho has resided in the State, parish or precinct, whether a
native or naturalized citizen, and how, when and where naturalized^ and
the signature of the elector opposite the registry of his nnme, and when
he knows not bow to write, his mark to be witnessed by the register.
Sec. 3. That every citizen naturalized, in any of the State or Federal Evidence to bo
, ^ . • . 11 1 . 1 11 . . /.I - produced by nat-
courts, before his name shall be registered, under the provisions of this uraiktd citizens.
act, shall produce the certificate of his naturalization, unless he makes
af&davit that ho has lost the same, and in such case the certificate of nat-
uralization shall be supplied by a certificate of the clerk of the court
which granted the naturalization, setting forth the facts as appearing on
the records of his court; and on application to the clerk of any court of Duty of clorjjs to
this State, said clerk shall deliver a certificate to such naturalized citizen, ficates.
free of charge, within one week after application therefor, and should
the clerk refuse to do so, he shall be subject to a fine of one hundred Penalty for not
dollars, recoverable by the applicant before any court of competent ^° ^^^^'
jurisdiction of this State.
Sec. 4. That should the applicant for registry not have been born Affldavib to bo
within the limits of the United States, and has afterwards become a ^ersona^noTbcm
citizen thereof, otherwise than by naturalization in fhe courts, then he citizen*' ff iJio
. 1 „ 11^.. 1^ ■, . . 1 ... United States,
shall set forth the facts in an affidavit, stating the particular circum-
stances whereby he has become a citizen ; such as by the naturalization
of his father, by residence in any State or Territory when the sam^ was
acquired or ceded to the United States or become a State of the Union,
or in any other manner whereby, under the laws of the United States,
he would become by the fact itself, a citizen of the United States.
Sec. 5. That the register shnll i.«pne to every citizen, when his name Cortifir'nto to bo
is registered, an original certiticaLc correopouding in name, residence, ^^/s^'/VfJ *^ rJ.'Ji
number and date, with the original registry, and the presentation of such ister.
certificate, if required by the commissioner of election, shall make full
proof of the facts contained therein, and of the elector's right to vote at
the date of the granting of such certificate. But where the lamo of the
elector shall appear on the list required to be furnished by the register
to the commissioners of election, they shall not have the right to require
the production of the certificates of registry ; where such certificates are
issued to naturalized citizens, they shall set forth, besides the facts abovo
mentioned, the time and place of naturalization, and the court, before
which such naturalization has been granted, and in cases where tho
naturalization papers or the certificate thereof were not presented to tho
register, or where naturalization resulted from the law, the fact shall be
stated buccinctly but clearly in the certificate.
Sec. G. That in the event of the loss or destruction of any certificate Dnplicafe ccrtifi-
issued by tho register, the elector to whom it was issued shall, on per- i^ ccrtaici cases!
sonal application to the register, require and obtain from him a ropy of
tho original certificate: Provided he will make affidavit of the fiict of loss
or destruction, and which affidavit shall be written and appear on tho
back of the duplicate, which it is the duty of tho register to issue to him;
and in such case the register shall make an entry in the original registry,
of the fact of a duplicate certificate having issued, and the reason there-
of, and the date of the same ; said duplicate certificate shall bear tho
236 REGISTRY OP VOTERS.
date of the original, and the date of the afl&davit shall be considered the
date of the issuance of such duplicate.
Change of domi- Sec. 7. That on change of domicil, whereby the registered elector
rll^Kt^y and I-h" becomes resident in another precinct, than that of hid original or last
tificatc thereof registry, he shall in person notify the register of the fact, who shall make
entry thereof on the original registry, and certify such fact on the orig-
inal certificate or the duplicate thereof, which may have been granted.
Reg'stry to be Seo. 8. That when by the laws now in force, or which may hereafter
^f!!^rJ!.^ ?!!!i'!!l be enacted, a regularly registered elector shall have lost his domicil, by
of r«)acqui.-itioa reason of his removal or absence from the State or otherwise, he shall,
on a resumption of or a re-acquisition of his domicil, cause his name and
residence to be again registered on the original registry, in the same
manner as if he had not been previously registered.
Judicial proceed- Sec. 0. That should the register illegally refuse to register the name
registry. *° ^^^'^ ^'^^ residence of a qualified elector, who, in the presence of another qual'
ified elector, shall have presented himself for registry, and did comply or
offer to comply with the provisions of this act, such elector shall have
the right of citing said register before any one of the district courts of the
city of New Orleans, to show cause within three days after service of
such citation, why he shall not make such registry ; and the judge of
said court shall summarily try such issue, and in the event of no sufficient
cause being shown, and on the proof of the complainant's right to be reg-
istered, under the laws now in force or which may be hereafter enacted,
the said judge shall render judgment in favor of the complainant, and
shall issue his mandate to the register requiring him to register the name
and residence of the complainant: Provided, however, that no mandate
of this nature shall require the registry of any name or residence of any
person during the period of time when the registry book is required by
the tenth section of this act to be closed.
Registry, when Sec. 10. That the register shall keep the registry open every day in the
to bo kept open. ^^^^^ frQjj, nine o'clock in the morning until three in the afternoon, ex-
cept Sundays and other days which, by existing laws, are made holidays,
and may keep his office open till sundown ; but he shall not permit any
original registering in his office within three days before any general
election for State officers, or any general election for city officers, but the
office shall remain open for all the other purposes of this act.
Books to bo kept Sec. 11. That besides his original general register herein before
y regid er. described, the register shall keep an index thereof, in which he shall copy
all the names, alphabetically arranged; and he shall besides keep a
precinct registry for each precinct, in which he shall copy from the origi-
nal register, the registry of the voters of each precinct arranged in
alphabetical order; such precinct books shall, as far as practicable, be
written up day by day from the original registry.
Certified copv of Sec. 12. That the register shall, on the morning of any general
ToTe dt5iT(fredTo ejection at the opening of the poll at each precinct in the city, deliver
the .omniiss-iou- \^ person or by deputy to the commissioners of election, a duly certified
er.* of ^eiif'i'iil i ./ » v »i
eieciiona by the copy, written in a fair hand writing, of the precinct registry, of all the
reguier. names and residences of qualified electors as they appear on his register,
alphabetically arranged, for the respective precincts of the city, with
EEQISTRY OP VOTERS.
237
one inch margin on the left hand skle ; and it shall be the duty of the
commissioners of elections, whenever an elector shall have voted, to
mark on said margin opposite his name, the word " voted," in a fair and
legible hand. Should the register fail in this duty, or any other duty Pennlty in cafe
required by any of the provisions of this act, he shall forfeit his salary faiTin^ny^duty
or fees of ofiioe, or so much thereof, according to the gravity of his under this act.
act of oommission or omission, as shall be decided in a suit or suits to
be brought against him in either of the courts of the parish of Orleans,
by the attorney general of the State, in the name of the State of
Louisiana; but said register shall have the right of appeal to the Supreme
court of the State, and in the mean time, the governor may suspend
him from his functions and appoint a substitute, who shall thereby Governor may
assume all the powers and incur all the responsibilities of the suspended tute'lu certaiti
register. '''''''^'
Sec. 1 3. That should the gravity of the violation of the spirit and I'^'^er of govern.
. . . o ^ * . or to remove ihe
intention of the provisions of this act, in the opinion of the executive register and ap-
of the State, warrant the removal of such register, he shall appoint a ^°^"' ^'^ ^^^"*'
successor to serve out the unexpired term of four years, and such
successor, or any subsequent successor, shall be liable to the same
suspension or removal, at the pleasure of the executive ; and the said
executive shall, however, assign his reasons therefor to the senate at
the first meeting of the legislature thereafter.
Sec. 14. That the penalties and liabiliiies herein created, shall in Kegi.«ter liable in
no manner exempt the register, or his substitute or successor from any lain cases,
liability to answer in damages to any citizen, whether the elector or
candidate who can establish by isuit, brought in any district court of
the parish of Orleans, that he has been injured in the political rights
secured to him by the constitution and laws of this State by the act of
such register, or other appointed in his lieu^ and stead ; and the
complainant shall not be required to lay or prove any special damages
other than the injury to his political rights.
Sec. 15. That the possession of the certificate of registry, issued to Certificate to be
the legally registered elector, shall be the evidence of his legal registry dencc"^of*aTijiht
and shall be conclusive evidence of that fact, and any mistake or ot-^'^ote.
omission of the register to place his name on the. certified lists of registry
to hi furnished to the commissioners of the different precincts shall in
no manner effect such elector's I'ight to vote, so far as the fact of legal
registry is in question, and the commissioners shall not have any power
or discretion to refuse to receive his vote on the ground of or for the
reason that his name has been omitted in the list so furnished by the
register, and the commissioner or commissioners so refusing shall in
solido be fined in a sum of not more than one thousand dollars and Penalty,
imprisonment for not more than one year, after conviction on trial
before the first district court of New Orleans, or indictment for infor-
mation, and shall moreover be answerable to the rejected elector, on
suit brought by him before any court of the parish of Orleans, in
such sum as the jury may in verdict award to him, and he shall not be
required to prove any special damages further than his being, by the act
of the defendant, deprived of his legal right of suffrage.
238 REGISTRY OP VOTERS.
Bond «nd softuri- Sec. 16. That the person appointed register shall give a bond, with
od by registen^^' Security to be approved and taken by the attorney general of the State,
in the sum of ten thousand dollars, payable to the Governor of the State,
and his successors in office, conditioned for the fiiithful discharge of his
Proceedings on duties as such according to law, and which bond shall be filed with the
regi^ter^and liis treasurer of the State, who shall, on application, deliver to any person
surety. -y^j^o may apply therefor a certified copy thereof, and in the event of any
judgment ootained under this act by the State of Louisiana, or any
cinzen thereof, against the said register, the surety or sureties on said
bond shall, on a return of nulla bona to an execution issued against the
register, be liable to an action on the bond, and the certified copy shall
make proof as fully as the original bond.
Oath of office. The said register shall take the oath prescribed by the ninetieth
article of the constitution of the State, before any judge or justice of
the peace.
KegistiT author- Sec. 17. That said register is hereby vested with the power to
ter cerufQ oatlis! administer all oaths which are necessary for the proper exercise of the
duties required of him by the provisions of this act, and any person
who shall be convicted of having taken any false oath before him shall
be deemed and held to be guilty of the crime of perjury, and shall be
liable to the penalties provided by law for the punishment of that crime.
Salary of register Sec. 18. That the register shall, while in office, receive the sum of
five thousand debars per annum, payable quarterly ; provided however,
that the said salary may be reduced by act of the legislature, at any
time or times after the first year of office ; and provided that such
reduction shall only begin from and after the current year in which
Salary by whom such act is passed, which salary shall be paid by the city of New
^ Orleans, and the said city of New Orleans shall provide a suitable
Registar's Office, office for the register in the city hall of said city.
Books to be pro- The city of New Orleans shall provide the register with proper
vide ytocity. books for his office, with blank certificates and stationery, and the
Kegister not to register shall not be permitted, directly or indirectly, to charge any fee
c arge ees. ^^ require or receive from any elector any compensation for the per-
formance of any of his official duties.
Register author- Sec. 19. That the register shall have the right of appointing one
erne deputy?*" deputy, to be paid by himself, for whose acts he shall be responsible ;
said deputy is hereby authorized to perform and fulfill all the duties
and functions incumbent on said register by this act, in the same
manner as the register himself, but the powers of said deputy shall
cease with the suspension or removal of said register, and said register
shall administer to his deputy the oath required by the ninetieth
article of the constitution.
Persftns having Sec. 20. That from and after the first Monday of October next any
this act after first person having complied with the provisions of this act shall be entitled
Monday in Octo- ^^ yoiQ, and whenever the right of any person shall be challenged at
have the right to the polls, the certificate of registry issued to such person shall be held
conclusive of the right of said person to vote, and no commissioner or
commissioners of elections shall require, under the pains and penalties
imposed by the sixteenth section of this act, any other evidence of the
REVENUES-TAXES AND LICENSES. 239
right of said person to vote, except that portion of the oath prescribed
by article ninetieth of the constitution respecting dueling, and the
following oath or affirmation, viz : You solemnly swear (or affirm, as Oath they may
the case may be) that you are the identical person described in and to take^^"^'^'^
whom this certificate was issued, and that you are not a soldier,
seamen or marine in the army or navy of the United States, nor under
conviction of crime punishable by hard labor, nor a pauper.
Sec. 21. That no person shall be entitled to vote who shall not have No perron entl.
. , ,,. . ..1 XT- • • ^xi- i lied to vot« whoso
registered his name in pursuance with the provisions ot this act. name phaii not
Sec. 22. That the act enti led «'An act to provide for the registry of Cer7a?a^acts' re-
the names and residences of all the qualified electors in the city of pealed.
New Orleans," approved 16th March, 1854, be and the same is hereby
repealed. — Acts of 1856, p. 131.
EEVENUE—TAXES AND LICENSES.
An Ordinance to establish a uniform rate of Taxes and Licenses on
Professions, Callings, and other business, and on Carriages, Hacks,
Drays, and other Vehicles.
Be it Ordained hy the common coxmcil of JSIeio OrleanSj That
from and after the first day of January, 1857, the taxes and
licenses for professions, callings, and other business, throughout
the city and parish shall be fixed, assessed and collected, at the
rates and sums specially set forth in the following sections :
No. 645. (1 ) On every agent of a bank not incorporated Bank agencie?.
in the State of Louisiana, engaged in buying or selling exchange,
five hundred dollars.
No. 646. (2.) Each and every insurance company, doing insurarce com-
business in the city of New Orleans, and each and every agency agende "
of an insurance company, foreign or otherwise, doing business
in said city, shall pay an annual tax or license of one per cent,
on the gross amount of their premiums for fire risks, the same'
to be assessed upon their last annual statement ; and in case no
annual statement has been made, then the above said tax of one
per cent, shall be assessed upon their quarterly statements, which
shall be furnished to the city treasurer : Provided, that in no
case shall said tax be less than the sum of five hundred dollars
upon each and every insurance company or agency aforesaid.
All companies or agencies not doing a fire insurance business
(excepting life agencies) to pay five hundred dollars license or
tax ) and all agencies doing a life insurance business only, one
hundred dollars.
240 REVENUE — TAXES AND LICENSES.
Theatres and No. 647. (3.) On Gverv keeper or lessee of a theatre or s
amphitheatres. ,.. \ttiiii
amphitheatre, three hundred dollars.
RacccourBeB. No. 648. (4.) On each and every race course, five hundred
dollars.
Cockpits. No. 649. (5.) Every keeper of a cock-pit, two hundred and
fifty dollars,
siave marts- No. 650. (6.) On every establishment where negroes are
kept for sale, five hundred dollars.
Private banking No. 651. (7.) On every private banking house or firm, or
person or persons buying and selling bills of exchange, other than
bills drawn upon shipments made by the parties themselves or
remittances for sales of produce made by them, three hundred
dollars.
Pawn brokers. No. 652. (8.) Every pawnbroker, two hundred and fifty
dollars.
Money brokers. No. 653. (9.) Every money broker, dealer in un current
money, or in gold and silver, bullion, or gold dust, two hundred
and fifty dollars.
Hotels and No. 654. (10.) Evcry keeper of a hotel or boarding house,
oar ing ouses. a^c^ommodating one hundred persons or more, three hundred
dollars.
Coffee houses,.etc. No. 655. (H.) Every keeper of a grog shop, bar room, tavern,
cabaret, coff'ee house, beer house, pleasure garden, theatre, saloon,
ball room, club room, or other establishment whatever, wherein
spirituous or malt liquors are sold by the glass, or wherein
spirituous or malt liquors are drank on the premises, one hundred
and seventy-five dollars.
Wholesale liquor No. 656. (12.) On evci'y merchant doing both a wholesale
and retail business, or wholesale business alone, where liquors are
sold, one hundred dollars.
EatinK houses No. 657. (13.) On cvcry restaurant or eating house, where
iD{, 1 , , j-q^^Qj. jg qqJ^j ^^ ^|jg Ij^j.^ qj^q hundred and seventy-five dollars.
Cotton presses. No. 658. (14.) On every keeper or lessee of a cotton press,
on each press, one hundred and fifty dollars.
Grocery stores, No. 659. (15.) On every keeper of a grocery, confcctionery,
U(iuo?by" quart, store orsliop, doing exclusively a retail business, in which spiri-
tuous or malt liquors are sold by quantities not less than an
ordinary wine bottle or quart, and where the same is not drank
on the premises, when sold, fifty dollars.
Jewelry stores. No. 660. (16.) On every keeper or owner of a jewelry
store doing both a wholesale and retail business, seventy-five
dollars.
REVENUE— TAXES AND LICENSES. 241
No. 661. (17.) Every stock note and exchange broker, one stockbroker
hundred and fifty dollars.
No. 662. (18.) Every cotton broker, one hundred dollars. Cotton brokers.
No. 663. (19.) Every cotton pickery, one hundred dollar.s. cotton pickeries.
No. 664. (20.) Every keeper of a restaurant or eating house, Restaurants, etc.
where no spirituous liquors or malt liquors or wines are sold or
retailed at a bar, and where no liquors or wines are sold or fur-
nished, otherwise than as necessary to meals or repasts in the
establishment, one hundred dollars.
No. 665. (21.) Every merchant doing both a wholesale and Merchants gen*
retail business, of whatever class, where spirituous or malt liquors
are not sold, seventy-five dollars.
Amended. See No. 742.
No. 666. (22.) Every keeper of a stable where horses, car- Livery staWea.
riages, wagons, or buggies are kept for hire or sale, the whole
tax being levied on each and every stable kept, seventy-five
dollars.
No. 667. (23.) Every merchant, trader, or dealer of what- Merchants gen«
ever kind, doing both a wholesale and retail business, and not
previously specified by this ordinance, whatever be the kind of
merchandise he deals or trades in, and where no spirituous or
malt liquors are sold, seventy-five dollars.
Amended. See No. 739.
No. 668. (24.) Onevery commission merchant, one hundred Commission mer-
. .. chants.
dollars.
No. 669. (25.) On every auctioneer, one hundred dollars. Auctioneers.
No. 670. (26.) On every private hospital, seventy-five Private hospitals.
dollars.
No. 671. (27.) Every shipping master, ship agent or steve- shipping master*
dore, one hundred dollars. ^^^^^ °'^**'
No. 672. (28.) Every keeper of a coal or lumber yard, coai or lumber
seventy-five dollars. ^'"■'^'•
No. 673. (29.) Every coal agent, one hundred dollars. coai agents.
No. 674. (30.) Every produce or merchandise broker, hay Produce brokers,
weigher or cotton weigher, sixty dollars. ^'^'^
No. 675. (31.) Every establishment for the bottling of malt places for bo^
liquors and wines, sixty dollars. '°^ iquors, e o.
No. 676. (32.) Every keeper of a warehouse where produce, Warehoufle».
goods, wares or merchandise are received on storage, the whole
tax being levied on each and every warehouse kept, sixty dollars.
Amended. Se« No. 739.
31
242
REVENUE— TAXES ^ND LICENSES.
Ship brokers.
Billiard tables.
Ten pin alleys.
Pistol galleries.
Mills, Factories,
brick yards, etc.
Retail cigar
stores.
Printing offices.
Hotels and board-
ing houses.
Job boats.
Undertakers.
Steamboat
agents.
Hawkers and
peddlers.
Contracts gener
alJy, builders,
etc.
Retail business
generally.
Real estate, and
house brokers.
Dairies.
Confectionarics.
Charcoal dealers.
Fruit stores and
Bttinds.
Ice cream sa*
loons.
Oyster stacds.
No. 677. (33.) Every ship broker, sixty dollars.
No. 678. (34.) Every keeper of a billiard table, the whole
tax being levied on each and every billiard table, sixty dollars.
No. 679. (35.) Every keeper of a ten-pin alley, the whole
tax being levied ou each and every alley, sixty dollars.
No. 680 (36.) Every keeper of a pistol gallery, the whole
tax being levied on each and every gallery, sixty dollars.
No. 681. (37.) Every saw mill, planing piill, sash and blind
factory, and brick yard, sixty dollars.
No. 682. (38.) Every retail cigar store, sixty dollars.
No. 683. (39.) Every printing office doing job work, twenty-
five dollars.
No. 684. (40.) Every keeper of a hotel or boarding house,
accomodating not less than twenty persons, nor more than one
hundred persons, sixty dollars.
No. 685. (41.) Every job boat plying in the waters of the
port, sixty dollars.
No. 686. (42.) Every undertaker, sixty dollars.
No. 687. (43.) Every steamboat agent, seventy- five dollars.
No. 688. (44.) Every hawker or peddler, thirty dollars.
No. 689. (45.) On every master, builder, or other persons
taking contracts of whatsoever nature, as contractor or sub-con-
tractor, such as building, bricklaying, plastering, slating, painting
and paving, employing three or more hands, and each lessee of
the revenues of the markets of this city, and all other persons not
herein enumerated as contractors or sub-contractors, etc., shall
pay a license of twenty-five dollars.
No. 690. (46.) On every person doing exclusively a retail
business, and where no liquors are sold, twenty-five dollars.
No. 691. (47.) On every real estate or house broker seventy-
five dollars.
No. 692. (48.) On every dairy consisting of more than five
cows, twenty-five dollars.
No. 693. (49. On every confectionary, where liquors are not
sold, twenty-five dollars.
No. 694. (50.) On every charcoal dealer, twenty-five dollars.
No. 695. (51.) On every fruit store, and on each and every
fruit stand where fruits alone are sold, twenty-five dollars.
No. 696. (52.) On every keeper of an establishment where
ice creams or sherbets alone are sold, ten dollars.
No. 697. (53.) On every keeper of an oyster stand where
oysters in the shell alone are sold, fifteen dollars.
REVENUE— TAXES AND LICENSES. 243
No. 698 (54.) On every intelligence office, twenty dollars, intenigence
No. 699. (55.) On every veterinary doctor, twenty dollars, yeterinarj
No. 700. (56.) Every owner and keeper of a distillery of uisuiierios.
spirituous or alcoholic drinks, two hundred dollars.
No. 701. (57.) Every brewer of malt liquors, two hundred Brewers.
dollars.
No. 702. (58.) Every manufacturer of cordials or syrup, Makers of syrupa
seventy-five dollars'.
llepealed. See No. 740. Makers of min-
*^ . era! waters.
No. 708. (59) Every manufacturer of soda, or mineral water,
to be sold at wholesale, twenty-five dollars. Manufacturers,
• etc., soap boilers,
Repealed. See No. 740. etc.
No. 704. (60.) Every soap boiler, triar of tallow, tannery,
bone black, bisulphate of lime, camphene or spirits of gas manu-
facturer, sugar or molasses boiling manufactory, iron foundry,
brass foundry, or gas fitting shop, sixty dollars. Bails and raffles.
Repealed, see No. 740.
No. 705. (61.) For each and every public ball or rafile,
which tax shall be paid before the mayor shall issue a license Drays, carts, etc
therefor, fifteen dollars.
No. 706. (62.) The tax on drays, carts, etc., shall be eighteen
dollars per annum, and the price of branding and numbering, as
fixed by the adjudication for t/.iat ser\Ico. Provided that such
carts or wagons as used by the owners for their own use exclu-
sively as market carts, or in hauling to and from the stables of the
owner, may be furnished with a red number, upon the payment
of a license of five dollars and twenty-five cents for the number. Two iiorBc hacks,
No. 707. (63.) The taxes on hacks, stages and other two-
horse carriages, shall be twenty-five dollars per annum, and on
cabs and other one-horse vehicles, eighteen dollars per annum. rour wheeled
No. 708. (64.) A tax of fifty dollars shall be levied annually ^'^'^'^'^s vehicles,
on trucks, timber wheels or other four-wheeled carriages used for
hauling more than 2500 pounds at a load, and such trucks or
four-wheeled carriages shall not have less than five inch tires. Four wheel wa-
No 709. (65.) A tax of thirty dollars shall be levied annu- ^°'''*
ally on all four-wheeled wagons, drawn by two or more animalf?,
and used for the transportation of beer, ale, porter, mineral water,
bricks, sand, stone, etc. Omnibuses.
No. 710. (66.) Every omnibus drawn by two or more horses
or mules, shall be taxed thirty dollars per annum.- . omnibuses to
No. 711. (67.) Every omnibus shall be numbered in a eon- i\";;'^ "^"^^^'«'
spicuous place, the number to be of the same dimensions as those
244 REVENUE — TAXES AN© LICENSES.
for a dray, and every omnibus shall have lamps ; and for every
contravention of said section, the owner thereof shall pay a fine
of twenty-five dollars.
Private carriages No. 712. (68.) The tax on any private carriage, kept for the
pleasure or use of the owner, and drawn by two or more horses,
shall be twenty dollars per annum; and for other private vehicles
drawn by one horse, ten dollars per annum.
Branding and No. 713. [(69. All drays, carts, omnibuscsj trucks and timber
num 3enng. wheels, and wagons, shall be branded with their number, and the
last numeral of the year in a circle ; provided, that owners of
grocery, express, baggage and other private wagons shall not
be compelled to have the same branded and numbered, but must
have their name and residence painted in full on each side of
said vehicle.
I'ubiic exhibi- No. 714. (70.) Every transient theatre, circus, menagerie,
ons, ec. or other public exhibition or show, shall pay in advance, a tax
of ten dollars for each day's performance for the first ten days,
and five dollars per day thereafter, unless the same takes place in
one of the establishments on which the annual tax has been paid ;
and every violation of this section shall be punished by a fine of
twenty-five dollars, enforced by imprisonment, as the law directs.
Every partner to ^0- 715. (71) Each partner of a firm] shall pay the full
^^'' amount of tax on the profession, trade, calling or business, in
which the firm is engaged, or follows.
Lawyers, pbysi- No. 716. (72.) Each attorney and counscllor at law, physi-
^^^ '^ ' cian, surgeon-dentist, practising or pursuing their respective pro-
fessions or callings, ten dollars.
Persons having No. 717. (73.) Every person having more than one shop or
sCTerai stores, g^Qj-g^ qj. other establishment, or who shall exercise or follow
more than one profession, trade, calling, or business, shall pay
the tax upon each separately.
Liquor tax sepa- No. 7l8. (74.) In all cascs the tax imposed for vending spir-
rate, etc. ituous or malt liquors, or wines, by quantities less than a bottle
or quart, shall be assessed and collected seperately and indepen-
dently ; and any person who in connection with, or addition to,
the sale of spiritous liquors or wines, by less quantities than a
bottle or quart, shall keep any grocery or other merchandise for
sale, shall pay also the tax imposed upon said business so connected
or added.
Liccngcp, their No. 719. (75.) No pcrsou shall exercise or follow even
transiently or temporarily any of the trades, professions or callings,
or other business, taxed by this ordinance, without first paying
trdnsler, etc.
REVENUE — TAXES AND LIGENSES. 245
the tax due upon the same and obtaining from the proper officers
of the city a receipt or license for the same, in conformity with
existing ordinances, nor shall such license be transferred unless
by consent of the treasurer endorsed in writing upon said license,
under the penalty of a fine not less than fifteen nor exceeding one
hundred dollars.
See No. 166.
No. 720. (76.) Every person connected with or followincr Certaio deciara-
«,,,«,: ,.,. ,. tioDs to be made,
any oi the branches of business enumerated in this ordinance, etc.
who shall refuse or neglect to declare their names to the treasu-
rer, as well as the nature of their business, shall pay a fine of
from fifteen to one hundred dollars for each offense, which pen-
alty shall be enforced by imprisonment not exceeding thirty days.
No. 721. (77.) Keepers of private boarding houses ca- Boarding houses,
pable of accomodating less than twenty bor.rders, shall be exempt
from paying any tax for the same ; provided, that within the first
month of each year, for houses already established, or within one
month after opening the house, the keeper shall make oath in
writing before the mayor, that the house, as kept, does not and
cannot accomodate thirty or more boarders.
No. 722. (78.) Every person owning or commanding any steamboats, sea-
steamboat or sea-going vessel, is forbidden to permit any person ^°*"^ vesseis,etc.
to remain on board such vessel while lying at any of the wharves
of New Orleans, as transient boarders or lodgers, (those persons
employed on said boats excepted) unless the said owner, comman-
der or captain shall have previously obtained a license from the
comptroller of the city, which license shall be registered at the
mayor's office, and for which said owner, commander or captain
shall pay to the treasurer of the city the sum of one hundred
dollars for the year ending on the first day of January following
the taking out of the license. Any owner, commander or captain,
who shall fail to comply with the provisions of this section, shall
be fined twenty-five dollars for each and every offense.
No. 723. (79.) Any person commencing business on or rp^^ after first
after the 1st day of July, shall pay but one-half of the yearly "'"'^*
tax upon such profession as he may follow, up to the end of the
year.
No. 724. (80.) Every person performing or acting as street street musicians,
musician or singer, shall pay an annual tax of ten dollars. ^^^'
No. 725. (81.) Every person taking out a license who shall Recording of li-
neglect to furnish the required securities, and to have their etc!°^' fiecunuw?,
246 ItBVENUE — TAXES AND LICENSES.
license duly recorded in tlie major's office, within thirty days
from the time of taking out their* license, shall pay a fine of
twenty-five dollars, reooverable before any court of competent
jurisdiction, one-half for the benefit of the informer, and the
other half for the benefit of the city.
Taxes payable in No. 726. (82.) All taxes imposed by this ordinance shall
advance. , i i • t
be payable m advance.
Doing business No. 727. (83.) Any person or persons, (or incorporated
icense. (.QQ^p^nies,) doing business or pursuing any avocation without
the proper licenses, shall be subjected to a fine of not more than
fifty dollars for the first offense, nor more than one hundred dol-
lars for the second offense, recoverable before any court of com-
petent jurisdiction.
Certificate to bo No. 728. (84.) Every person doing business, or pursuing
ung up, e c. ^^^ avocation under authority of this ordinance, shall be required
to keep hung up in some conspicuous place in their counting-
room, store or place of business, a certificate signed by the
treasurer, that they have paid their license, and any person re-
fusing to exhibit said certificate in the manner aforesaid, shall
pay a fine of twenty dollars for each contravention, recoverable
before any court of competent jurisdiction.
Penalties and No. 729. (85.) All penalties or fines imposed for any infrac-
tion or violation of this ordinance, as well as tax levied by this
ordinance, shall be recoverable before any court of competent
jurisdiction, for the benefit of the city. Any violations or infrac-
tions of this ordinance not otherwise provided for, shall be pun-
ished with a fine of from ten to one hundred dollars for each
offense, all fines to be for the benefit, as aforesaid, and recovered
by the city.
CcT)(-up. street No. 730. (86.) It shall be the duty of the street commis-
commjsbionci, giQi^gj. ^q cause a ccnsus to be taken of all persons subject to
taxes provided for by this ordinance, in the month of March and
between the 15th of November and the 15th of December of
each year, and report for suit all persons who have not paid
license.
Arpiicfttions for No. 731. (87.) All applications for licenses shall be made in
writing to the treasurer, in the name of the applicant or appli-
cants, and shall specify the nature of the business they propose
to follow, the number of partners in the concern, with their
names, and whether they are resident or non-resident partners,
also whether it is intended that liquors are to be sold in said
business.
REVENUE — TAXES AND LICENSES. 247
No. 732. (88.) All persons not resident of the city or fe'tate, Non tesidents.
acting for themselves or as agents for others, who shall receive
orders, or display samples, or sell goods in any manner whatever,
shall pay a tax of three hundred dollars.
No. 733. (89.) All ordinances or parts^of ordinances con- KepeaiingciauBc.
flicting in their provisions with this ordinance, are hereby re-
pealed.
City Ordinance, No. 3124. Approved, December 5, 1856.
No. 734. That the consolidated loan tax for the year 1856, consolidated
be, and the same is hereby fixed at ninety cents on every one ^°*"*"-
hundred dollars of the assessed value of real estate and slaves,
within the limits of this city.
City Ordinance, No. 3233. Approved, Jan. 30, 1857.
No. 735. That in accordance with the second section of the TaxforPont-
act authorizing the city subscription to the Pontchartrain Rail- ^oadir"'" ^* '
road Company, requiring all trades, professions, etc., to be taxed
for the interest on the bonds issued to said company, a tax of one
per cent, on the amount of every license authorized to be issued
under ordinance No. 3124, approved December 5th, 1856, be and
the same is hereby levied, for the purpose of meeting the pro-
portion of the interest on the bonds issued to said company, pay-
able from other resources than a tax on real estate, slaves, etc.
City Ordinance No. 3160. Approved.
No. 786. That a tax at the rate of twenty-three cents on Tax for railroads,
every one hundred dollars of the assessed value of all real estate,
slaves, capital, income and furniture appearing on the tableaux of
assessment made by the State assessors for the year 1856, be, •
and the same is hereby levied to pay the annual interest on the
bonds issued by the city of New Orleans for subscriptions to the
stocks of the New Orleans, Jackson and Great Northern Rail-
road Company, the New Orleans, Opelousas and Great Western
Railroad Company, and to the Pontchartrain Railroad Company.
City Ordinance, No. 3234. Approved Feb. 23d, 1857.
No. 737. That the annual tax for the year 1855 upon the t^x on real es-
real estate and slaves situated or owned in this city, is hereby ***® ^^'^ ®^^^*^'
fixed at thirty cents on every one hundred dollars of assessed
value, according to the tableaux of the State assessors ; said tax
to be due and collected according to the city charter.
City Ordinance, No. 2608. Approved Feb. 12, 1856.
For annual tax on real estate, personal property, etc., for the year 1856, approved
f etoruury, 1867, see Appendix 9.1 the end of this book.
248
REVENUE — TAXES AND LICENSES.
Amending No.
676.
Amending No.
667.
Repealing Nos.
702-3-4.
Amending No.
C65.
Coffee house
censes.
Tren surer to
receive only
money, etc.
An Ordinance to amend sections twenty-three and thirty-two of an
ordinance entitled "An ordinancef to establish a uniform rate of taxes
and licenses on professions, callings and other business, and on
carriages, hacks, drays, and other vehicles," approved December
5th, 185G.
No. 738. (1.) ^That section thirty-two of the ordinance
entitled ^^An ordinance to establisli a uniform rate of taxes and
licenses on professions, callings and other business, and on car-
riages, hacks, drays and other vehicles,'' approved December
5th, 1856, be amended so as to read as follows, viz :
Every keeper of a warehouse where produce, goods, wares or
merchandise are received or taken on storage, one hundred
dollars.
No. 739. (2.) That section twenty -three of ordinance No.
3124, approved December 5th, 1856, be so amended as to read
as follows, viz :
(23.) Every merchant, trader or dealer of whatsoever kind, doing
both a wholesale or retail business, and wholesale business alone,
and not previously specified by this ordinance, whatever be the
kind of merchandise he deals or trades in, and where no
spirituous or malt liquors are sold, seventy-five dollars.
No. 740. (3.) That section fifty-eight, fifty-nine and sixty
of the same ordinance be, and the same are hereby repealed..
City Ordinance No. 3166.
No. 741. That ordinance No. 3124, entitled ^^\n ordinance
to establish a uniform rate of taxes and licenses on professions,
callings and other business, and on carriages, hack, drays and
other vehicles, approved 5th December, 1856, be so amended as
to make section twenty-one read as follows :
(21.) Every merchant doing both a wholesale and retail
business, or wholesale business alone, of whatever class, where
spirituous or malt liquors are not sold, seventy-five dollars.
City Ordinance, No. 3184.
No. 742. No cabaret or coffee-house license shall, hereafter,
be issued to any colored person.
City Ordinance No. 3134, sect. 4.
No. 743. It shall not hereafter be lawful for any treasurer
of the city of New Orleans to receive, in payment of any tax
due the city of New Orleans for the payment of the interest on
the consolidated debt or the interest on the bonds issued to any
rail-road company by the city, any thing except money. That
REVENUE — TAXES AND LICENSES. 249
a printed copy of this resolution be hung in a conspicuous place
in the office of the city treasurer.
City Ordinance, No. 2645.
No. 744. That the finance committee be, and they are Tax suits for
, , T . "^ .11 11' f ^ -i i> i taxes past due,
hereby, authorized to withdraw all suits oi the city tor taxes etc.
past due, when they shall be satisfied that the tax sued upon
has either been paid or erroneously assessed.
City Ordinance, No. 535.
No. 745. (1.) From and after the passage of this ordinance all Pirogues to be
pirogues from five to fifteen tons, trading with the city, shall
be required to take out a license for such privilege, which license
is hereby fixed at twenty dollars per annum ; and should the
owner or owners of any pirogue fail to take out such license,
he or they shall pay a fine of fifty dollars.
No. 746. (2.) All pirogues of the above dimensions, trading To be numbered.
with the city under license, shall be properly and conspicuously
numbered on both ends under a penalty of fifty dollars.
City Ordinance, No. 719. •
No. 747. That the assistant city attorney be instructed to McDonougU es-
tate tax
collect from the commissioners of the McDonough estate, all
taxes due the city on property belonging to that estate.
City Ordinance, No. 2622.
As to Coffee Houses, see page 44.
Comptroller to issue Licenses, see No. 201.
See "Consolidated City Debt," page 66.
STATE CONSTITUTION.
Art. 123. Taxation shall be equal and uniform throughout the State,
All property on which taxes may m levied in this State shall be taxed
in proportion to its value, to be ascertained as directed by law. No one
species of property shall be taxed higher than another species of pro-
perty of equal value, on which taxes shall be levied ; the legislature
shall have power to levy an income tax, and to tax all persons pursuing
any occupation, trade or profession.
ACTS OF THE LEGISLATURE.
Sec. 36. That all real and personal property within the city of New Property subject
Orleans, whether owned by individuals or corporations, shall, for the *° ^^a^cation.
purpose of this act, be liable to taxation, subject to the exemptions
specified in this act.— Acts of 1856, p. 146. ,
Sec. 42. That the common council of the city of New Orleans shall. Equal and uni-
for the pui'poses of this act, once, and not oftener, in each and every feTSd^annially'!
year, lay an equal and uniform tax upon all property, real and personal,
in said city; but said tax* added to the consolidated loan tax, and to Rate of taxation,
the special tax for payment of the annual interest on the bonds issued
32
250 REVENtJE— TAXES AND ttCENSEg.
by the city for subscriptions to tbe stocks of the New Orleans, Opelousas,
and Great Western Railroad Company, the New Orleans, Jackson, and
Great Western Railroad Company, and the Pontchartrain Railroad
Company, shall not in the aggregate be more than one dollar and fifty
cents on one hundred dollars of valuation, except i^ case of invasion or
insurrection: Provided it be sufficient to pay the interest on the consoli-
dated debts and railroad bonds issued by the city of New Orleans. — Acts
of 1856, p. 148.
Power to issue Sec. 102. That the city of New Orleans shall have power to levy
licenses. taxes, commonly known as licenses, upon trades, professions, callings,
' and other business carried on, and upon carijiages, hacks, drays, carts,
and other vehicles, used in said city ; and said taxes, commonly known
as licenses, laid as aforesaid, shall not be construed to be a tax on pro-
perty, within the meaning or sections 36, 38, and 42, of this act.
Power to collect Sec. 103. That all taxes, commonly known as licenses, laid by the
known'aTu-*'^^^ common council, on professions, callings, and other business, and on
censes. carriages, hacks, drays, and other vehicles, used in the city of New
Orleans, shall be payable at the Of&ce of the city treasurer, from the
1st to the 8Ist day of January inclusive, of each year. And if any tax,
commonly known as a license, laid as aforesaid, shall not have been paid
by the person liable thetefor, on or before the 31st day of January,
in each and every year, the city of New Orleans, upon affidavit made
by any officer of said city, or by any citizen of said city, that said tax,'
commonly known as a license, has not been paid by the person liable
therefor, shall have a lien, in the nature of a lessor's privilege, upon
the personal property of the said person so in default, and, on appli-
cation made, a writ of provisional seizure shall issue out of any court of
competent jurisdiction, in favor of said city and against said property ;
and in case judgment is rendered in favor of said city, said property,
so provisionally seized, shall be sold in satisfaction of said tax.
Mode of enforc- Sec. 104. That if any tax, commonly known as a license, laid as
tal SwrT^s^a aforesaid, shall not have been pai(|^y the person liable therefor, on or
license. before the 31st day of January in each and every year, any court of
competent jurisdiction shall, upon application and affidavit made by any
officer of the city of New Orleans, or by any citizen of said city, that
said tax, commonly known as a license, has not been paid by the person
liable therefore, issue a writ of injunction in favor of said city, enjoining
said person in default, from all further pursuit or practice of the pro-
fession, calling, or other business, pursued or practiced by him, and
upon which said tax is laid, until such time as said tax shall have been
fully paid and satisfied. And further, the remedy given said city in this
section of the collection of said tax, shall be cumulative of the remedy
given said city for the collection of the same by section one hundred and
three of this act ; and said city shall have the right to make use of
either, or of both of said remedies, at its discretion.
When licenses Sec. 105. That each and every license shall expire on the 31st day
expire. ^^ December in the year in which it was obtained.
Taxes except, etc. Sec. 106. That all city taxes, except licenses and levee dues, shall
pS'abie.'^'* ^^'^^^ ^6 payable, only in the office of the city tresurer, from the first day of
REVENUE — TAXES AND LICENSES. 251
March to the first day of May, inclusive, of each year; and said treasu«r Notice to be given
shall, by notice given in the official journal for fifteen days prior to said
1st day of March, notify the tax payers to appear at his office, for the
payment of their taxes. To each and every bill for city taxes, except Percentage to bo
licenses and levee dues, unpaid on the 31st day of March in each and noSpaymeST of
every year, shall be added one per cent, of said bill for each and every taxes,
month that the same shall remain unpaid, counting from the first day
of March of each and every year.
Sec. 107. That on the second Monday of May of each year, the Suit for taxes,
treasurer shall put in suit in a court or courts of competent jurisdiction, fenced! ^^^'
all unpaid bills for taxes levied upon property assessed in their several
districts, and all bills for taxes levied upon property shall contain a
description of said property as set forth in the assessment rolls.
It shall be the duty of the justices of the peace and the clerks of the. Form of notice to
courts in which such suits may be brought, by an advertu^ment in the tition^eS ^ ^^'
official journal of the city, to cite all said delinquent tax payers to
appear, within fifteen days from the date of the first insertion of sard
advertisement, before the respective courts in which said bills are put in
suit, and answer to the demand contained in said tax bill. No petition
shall be necessary, but the tax bill shall be considered as a petition,
and the said advertisement shall be ^considered a citation, and no
other service of citation shall be necessary. Said advertisement shall '
contain the names of all defaulting tax payers, and the amount claimed i||||^
from each ; but where the property assessed is assessed as belonging
to a person whose name is unknown, said advertisement shall contain
a descriptian of said property, as set forth in the assessment rolls,
together with the amount claimed a.j a tax upon said property, and such
advertisement, containing such description, shall be considered as a
citation to the person owning said property, and no other service of
citation to be necessary. Each defaulting tax payer shall pay twenty-five ^ .
cents for the cost of the citation by advertisement, together with such
other subsequent cost as may accrue in the suit. As soon as the delay „ „
^ , . . , . Further proceed"
for answering, expressed in said advertisement, shall have expired, then ings, how con-
the further proceeding in said suit shall be conducted according to law. ^^^^^^'
And further, it shall be the duty of said treasurer to hand over t(fthe ^. ,
*' Fines, dues and
assistant city attorney, all bills for fines, dues or licenses, designated licenses, how col-
and intended by sections 108, 104 and 105, whenever the same shall ^^ ^'
accrue or be exigible by the, provisions of this act, and the said
assistant attorney shall forthwith institute proceedings in courts of com-
petent jurisdiction in the several districts where said dues, licenses,
fines or penalties shall have accrued, for the enforcement of said dues,
licenses, fines or penalties, according to the provisions of this act ; and
the said assistant att(»Qey shall receive as compensation for such services compensation of
in all cases, ten per cent, on such dues, licenses, fines or penalties, to assistant city at-
be paid by the person or persons in default. — Acts of 1856, p. 158.
See Acts of 1856, p. 141, sect. 25; p. 146, et seq.; page 158, et seq.
See Acts of 1856, page 165, sect. 124, (under "Common Council,"
page 55.)
For State Taxes, see Acts of 1855, page 502,
252 REVENUE — TAXES AND LICENSES.
# DECISIONS OF THE SUPREME COURT.
1.— Art. 127 of the constitution of 184.5, providing for the equality
and uniformity of taxation throughout the State, applies to State and
not to municipal taxes. — 2 Ann. 182; 3 Ann. 673 ; but see 9 Ann. 503
and 446, and 10 Ann, 735.
2. — An ordinance imposing taxes on certain trades and professions
cannot be considered illegal or unconstitutional, because other trades and
professions are not taxed, where the tax on the enumerated trades or pro-
fessions is imposed on all persons exercising such trades or professions.
—3 Ann. 673. 2 Ann. 182.
3. — No person, who obtains a license at any time after the commence-
ment of the year, can complain that he pays as much for a license to
trade during a portion of the year, as others who trade for the whole
year ; the infiquality is of his own creation, and does not render the
statute uncoM;itutional. 4 Ann. 549.
4. — The eity council have no power to levy taxes on property which
is not situated in the city, but merely temporarily within its limits. — 1
M. 123.
5. — They have the right to tax vessels passing the bridge on the
Bayou St. John. — 3 M. 218 ; and to lay a tax to provide for a prospec-
tive deficiency. — 1 La. 5.
^[P 6. — The corporation has no power to lay taxes on property, real or
personal, owned and held out of the limits of the incorporated part of
the city and faubourgs. — 3 La. 248.
7. — Carts, which a man uses for his own purposes in hauling water for
sale, are not to be taxed under the ordinance for taxing vehicles for hire.
—3 La. 248.
8. — Licenses cease at the death of the person to whom granted,
although'the period for which it is given has not expired, — 9 La. 43S.
9. — The city ordinance of February 3, 1845, imposing a tax on retail
dealers, is neither illegal or unconstitutional. — 1 Ann. 387.
10, — The ordinance of August 29, 1846, imposing a special tax on all
real estate within limits of the second municipality, for the purpose of
« paying its debts and supporting the public schools, is legal and constitu-
tional.— 2 Ann. 182.
11. — The corporation is not bound to tax real and personal estate at
the same time ; a tax may be legally imposed on either alone. — 2 Ann.
182 ; 1 La. 13.
12. — The ordinance of March 12, 1838, sec. 4, requiring managers of
theatres to pay annually five hundred dollars for thq^ use of the charity
hospital is not unconstitutional. The enaction of a price for the license
so granted is not, in its proper sense, a tax. — 2 Ann. 550 ; 5 Ann. 380.
13. — Property within the incorporated limits of the city, not laid out
into streets, is subject to taxation for all municipal purposes, except the
maintenance of lights, of the police and the expense of watering and
cleaning the streets.— 2 Ann. 611.
REVEAUE— -TAXES AND LICENSES. 253
•
14. — Under the statute of 1805, rural property is not liable for assess-
ment for the maintenance of lights, of the city watch, and for cleaning .
the streets.— 10 Ann. 763.
15. — An ordinance imposing a tax on all retailers of soda water, with
the exception of apothecaries, is not illegal nor unconstitutional ; nor
will the fact, that the party had paid for a license as a confectioner,
exempt him from liability for the tax. — 4 Ann. 328. Section 10 of the
city ordinance of December 16, 1846, does not authorize the imposition
of each partner of a banking house or firm of the whole amount of the
tax, without regard to his residence in the State. The tax is imposed on
the business, and not upon the individual members of the firm, unless
they be permanent residents, or sojourners within this State. The pow-
er of the State itself to lay taxes only extends to persons and property
within its jurisdiction. — 4 Ann. 407 ; but see 6 Ann. 783.
16. — Under the act of May 4, 1847, the city councils had the power of
taxing rural property within the limits of the city, in the same manner
that urban property is taxed ; but a distinction between rur^l and urban
property was made by the act of March 18, 1850.
17. — The remission of a tax by the council is an extinguishment of
the obligation, and the tax cannot be imposed. — 4 Ann. 605,
18. — The power to pay and collect taxes has ever been understood to
operate prospectively and never retrospectively. — 6 Ann. 605.
19. — An ordinance imposing a tax, and in case of non-payment to be
subject to a fine of five dollars, etc., is illegal in assessing a penalty for
the non-payment of taxes. This is not within the municipal power. —
6 Ann. 515.
20. — Taxes imposed by political corporations, to whom a portion of
the powers of the government are delegated for the purpose of
government and police, are not liable to seizure on executions against
those corporations ; nor are funds collected on judgments for taxes liable
to such seizure. But sums due to municipal corporations for paving, or
on bonds taken for paving, are liable to seizure. — 6 Ann. 570.
21. — The exigencies of government require that the process for the
collection of taxes should be summary. They are to be regarded not
as a debt to be enforced against the debtor who contracted, it by
judicial proceedings, but a contribution required from the citizens for
the support of government, and for the protection and benefit of all. —
7 Ann. 192.
22. — The power of taxation is limited under the constitution, and
there does not exist either in the legislature or in any of the subdivisions
of sovereignty, a power of apportioning'taxation for public purposes,
whether of a general or of a local character, except on the principle of
equality and uniformity. — 9 Ann. 446.
23. — Article 123 of the constitution, which requires taxation to be
eqvial and uniform throughout the State, applies to municipal and paro-
chial, as well as other taxes.— 9 Ann. 503 ; 10 Ann. 735 ; but see 2 Ann.
182, and 3 Ann. 673.
254 REVENUE — TAXES AND LICENSES.
24. — The city of New Orleans has the right to sue for the tax imposed
. under the city ordinance passed in conformity with the act of the legis-
lature of the 12th March, 1852. (for certain railroads.)— 9 Ann. 561.
26.— The council of the 3d municipality, elected for 1851, was incom-
petent to impose a tax for a past year. The statute of the 18th March,
1850, designed that the taxing power of the council should be exercised
prospectively. — 9 Ann. 44.
26. — The summary mode of proceeding against delinquent tax payers
by advertisement, in place of citation as provided by the act of 1852,
sect. 35, applies only to the collection of taxes assessed subsequent to
the act,— 9 Ann. 233.
27. — By the act of 1850, all property belonging to charitable institu-
tions, is exempt from taxation. — 9 Ann. 584.
28. — ^'Taxable lands" comprise buildings on lands, so as to authorize
the buildings to be estin-ated in making an assessment for taxes; for, in
legal contemplation, buildings are a part of the land. — 9 Ann. 368.
29. — The tax assessed by the common council on all drinking houses
is legal, and the tax on the keeper of such houses is payable at any
^ period of the year when it may be found that he is not provided with a
license. But the city has not the right to close the doors of a drinking
house summarily because of the failure of the keeper of it to take out a
license. — 10 Ann. 321.
30. — The tax imposed up'bn keepers of livery stables by the city ordi-
nance of November 15th, 1849, is constitutional and legal. — 10 Ann. 56.
31 — Article 123 of the constitution has reserved the right of the leg-
islature to exempt any property it sees fit, from taxation altogether.
But if it tax at all, then it must tax equally or in a uniform ratio accord-
ing to an assessment legally made, all property of the same description
upon which a tax is levied. — 10 Ann. 735 ; 2 Ann. 503 ; but see 2 Ann.
182 and 3 Ann. 673.
32. — Where taxes, illegally assessed, have been paid through error,
they may be recovered. — 10 Ann. 73.
33 — The assessment by the city authorities, on account of subscription
to railroad stock and for the consolidated loan tax, is essentially a tax.
—10 Ann. 762.
34. — The license tax imposed on keepers of coffee houses, is imposed
upon all persons of the same class, and is therefore constitutional. — 9
Ann. 305 ; 11 Ann. 68.
35, — A legal presumption exists in favor of the correction of the
assessment rolls. If errors «xist, defendant must allege and prove them.
— 11 Ann. 69; see also 11 Ann. 195 and 251.
For other decisions on this subject, see "Hospitals," page 127 ;
"New Orleans," page 165; Ordinances, page 196; and "Streets" and
"Wharves.
SALARIES OF CITY OPriCERS.
255
SALARIES OF CITY OFFICERS.
No. 748. The following are the salaries fixed by the several
city and State laws :
Mayor $5,000 per an. —by ord. No. 2828
1,200
1,200
800
700
800
720
Comptroller 4,000
Treasurer 5,000
Surveyor 3,000
Street Commissioner 8,000
City Attorney 4,000
Sec. Board of Aldermen 2,400
'' " Assist. Ald^m'n 2,400
Recorders, (each) 2,500
Recorder's clerk, 1st district 1,200
<•' " 2d do 1,200
" " 8d do
" " 4th do
First assist, clerk, 1st district
Second do do ,do
Assist, clerk, 2nd district...
Assist, clerk, 3d do
Surveyor's clerk 1,200
Two chain carriers, (each)... 300
Comptroller's clerks, one at. . . 1,800
" " two at... 1,500
" " one at... 1,200
Treas. clerks, assist, treasurer 2,400
" book-keeper.... 1,500
" two clerks, each 1,200
" assistant clerk.. 900
runner 480
City Attorney's clerk 1,200
Street Commissioner's deputy 1,500
'^ one assistant 1,200
'' two assist., each 1,000
" three assist., each 900
" three assist., each 800
'' clerk 1,200
" sup'nt of bridges 1,500
Mayor's clerks 4,000
" police secretary 600
acts 1856, p. 145
acts '56p. 146, ord. 3106
acts '56p. 146, ord. 2957
acts 1856, p. 146
acts 1856, p. 146
ord. 1623
ord. 1638
acts 1856, p. 142
ord. 132
ord. 132
ord. 2931, 132
ord. 2935, 132
ord. 546
ord. 3211
ord. 546
ord. 2931
ord. 2316, 2957
ord. 2957
ord. 8017, 132
ord. 3017, 132
ord. 132, 2375, 3017
ord. 3106
ord. 3106
. " ord. 3106
ord. 3106
ord. 3106
. ord. 1861
ord. 3054
ord. 3054
ord. 3054
ord. 3054
ord. 3054
. ord. 3054
ord. 3139
ord. 132
ord. 2934
256 SALARIES OF CITY OPEICERS.
Chief (or Captain) of Police, $2,000 per an:
Four Lieutenants, eacli 1,000 "
Ten Sergeants, each 700 "
Day Policemen, each 700 ''
Other Policemen 600 "
Chiefs clerk, 900 "
" assistant clerk 720 "
Commissaries of markets, each 720 "
'' of Washington market 480 "
'' ofNinthmarket4thdis 720 "
Four pound keepers, each. .. . 540 "
Chief Warden of Workhouse 1,200 "
Deputy '' " 900 "
Eight Under Wardens, each 600 "
Two night wathchmen, each 600 "
CFk of commit, on workhouse 1,200 "
Two Wharfingers, each 1,500 "
Four assist, wharfingers, each 900 ^'
Commissioners of the McDon-
ough estate, ea^h 1,500 "
Sec'y of standing committees
and committee on work-
house and prisons 1,500 "
Sec'y of the Commissioners of
House of Refuge 360 "
Secretary Finance committee 1,800 "
Secretary of committee on
Streets and Landings 1,200 "
Sergeant-at-arms.of Board of
Aldermen 1,200 "
Sergeant-at-arms & doorkeep-
er Board Assist. Aldermen 1,200 "
Porter of City Hall 900 "
Sup'nt Insane Asylum 720 "
Male Assistant 540 "
Female Assistants, each 180 "
Bell ringer, St. Pat. church 480 "
Laborers in surveyor's and
street commissioner's de-
partments, each 8 5 per month .
Laborers' in wharfingers' de-
partment, each 40 "
ord. 2100
ord. 2100
ord. 2100
ord. 2100
ord. 2100
ord. 70
ord. 2366
ord. 639
ord. 2329
ord. 2941
ord. 1520
ord. 2i39
ord. 351
ord. 351
ord. 2100, 351
ord. 1679
ord. 54
ord. 54
ord. 2134
ord. 1679, 2926
ord. 377, 1261
ord. 3018
ord. 3019
ord. 132, 2855
ord. 132
ord. 1366
ord. 1794
ord'. 1794
ord. 1794
ord. 2040
ord. 724
ord. 1147
SLAVES AND FREE PERSONS OP COLOR. 257
SCHOOLS.— See ^^ Public Schools/' p. 212.
SEAL.
No. 749. That the mayor be, and he is hereby, authorized
to have a "seal" ordered for the city of New Orleans, so as to
enable him to furnish copies of documents to the city attorney
and the several courts.
City Ordinance, No. 101.
See Acts of 1856, p. 141, sec. 26.
SLAUGHTER HOUSES.— See "Factories,'' etc., p. 89.
SLAVES AND FREE PERSONS OF COLOR.
An Ordinance relalive to Slaves and Free persons of color.
No. 750. (1.) Be it ordained hy the common council of tJie
city of New Orleans, That it shall not be lawful for any slave to Not to lodge, etc.,
lodge or sleep in any house or premises other than that of his ^^ ^^^ ^^^ ^ '^^'
owner or master, or that of his owner's agent, or of the person
to whom he may be hired, without special authority in writing
so to do, which authority or permit shall specify the length of
time for which it may be given. Any slave lodging or sleeping
in any house, room, cabinet, or any other place without permit
so to do, as aforesaid, shall receive not less than ten, nor more
than twenty-five lashes, unless his owner shall pay a fine of not
less than ten dollars nor more than twenty-five dollars ; and any
free person allowing or permitting any slave to lodge or sleep in
his or her house contrary to the provisions of this ordinance,
shall be fined not less than twenty-five dollars nor more than one
hundred dollars. One-half of which fine shall be for the benefit
of the informer.
No. 751, (2.) That all persons be, and are hereby forbidden Letting wom?,
from letting or hiring, by the month, week or day, any house, * °'' ° * *^^ "
room, apartment, closet or place whatever within the limits of
this city, to any slave, even with the permission or authority of
33
258 SLAVES AND TREE PERSONS OE COLOR.
his or h^r owner or owners, under the penalty of a fine of not
less than ten dollars nor more than one hundred dollars for each
and every contravention, and for each and every slave. And
* any owner of any slave, or agent of such owner, who shall
permit or allow his or her slave to hire any house, room,
etc., as aforesaid, shall be fined not less than ten dollars nor
more than one hundred dollars for each and every contra-
vention, and for each and every slave he or she may permit
or allow to hire any house, room, etc., in contravention
hereof. One-half of which fines shall accrue to the benefit of
the informer.
DutyofpoUce. No. 752. (3.) That whenever any police officer, policeman
or watchman shall have reasons to suspect that one or more
slaves occupy a house, room or other place in contravention to
the provisions of this ordinance, it shall be the duty of such
police officer, policeman or watchman to enter the same, and if
any slave or slaves be found therein, to arrest such slave or slaves
and convey them to the police jail, and immediately report the
same to the mayor or to the recorder of the district wherein such
arrest be made. Any person who shall oppose or obstruct a
police officer, policeman or watchman in the performance of the
duties imposed upon him by this section, shall be fined not less
than ten nor more than one hundred dollars.
Slaves not to as- No. 753. (4.) It shall not be lawful for slaves to assemble
in any of the streets, roads, public squares, meat markets or in
any house, cabaret, grocery or coffee house, or on the levee, or
any other place whatsoever in this city ; and it shall be the duty
of all policeman and watchmen to arrest and conduct to the
police jail all slaves found assembled in contravention hereto;
and the slaves so found assembled shall receive not less than ten
nor more than twenty-five lashes, unless such slave shall bo the
bearer of a special permit from his master so to assemble, in which
case the said master shall be fined not less than twenty-five
dollars nor more than one hundred dollars : Provided, that
nothing herein contained shall be so construed as to prohibit
slaves from assembling (with their owners' consent) in a church
during the hours consecrated to divine service, nor from attend-
ing funerals : Provided, moreover, that they may assemble on
the commons for the purpose of dancing, or playing ball, or
cricket, permission to that eff'ect being first obtained from the
mayor, but such permission shall be granted by the mayor for no
other day than Sunday, and shall expire at sunset.
SLAVES AND FREE PERSONS OP COLOR. 259
No. 754. (5.) That whoever shall assemble slaves at his, Penalty.
her or their house, or on his, her or their garden, lot, square or
premises, or shall suffer, allow or permit slaves toessemble in his,
her or their house, or on his, her or their premises, or who shall
refuse to allow any policeman or watchman to enter such house
or premises for the purpose]of arresting slaves assembled therein,
shall be fined not less than twenty-five dollars nor more than one
hundred dollars. And every free person found assembled yith
such slaves shall be fined not less than twenty-five dollars nor
more than one hundred dollars, or be imprisoned thirty days, in
default of paying the fine.
No. 755. (6.) All persons giving public balls wherein free glares not to
persons of color are admitted, are hereby prohibited from admit- coiored^persMw.
ting any slave, or permitting any slave to be admitted to such
ball or balls, under the penalty of a fine of not less than twenty-
five dollars nor more than one hundred dollars, in default of pay-
ing which fine they shall be imprisoned thirty days. And every
slave found in contravention shall receive ten lashes.
No. 756. (7.) That every slave (unless blind or infirm) Slaves armed,
found in any of the streets, roads, public squares or other
public places, armed with a cane or stick, shall receive twenty-
five lashes, and every slave having any weapon whatsoever shall
be punished as prescribed by the "Black Code."
No. 757. (8.) That all slaves are forbidden to quarrel, yell. Disturbance of
curse or sing obscene songs, or in anywise disturb the public P^^ic places, etc.
peace, or to gamble in the streets, roads or other places, or on
the levee. Any slave found contravening hereto shall receive
twenty-five lashes.
No. 758. (9.) That any master or captain of any steamboat, giarea on eteam-
ship or other vessel moored at the levee or at any of the wharves ^^^^ and vessels.
of this city, who shall permit, suffer or allow any slave employed
on board of such steamboat, ship or vessel to quarrel, yell or
sing obscene songs, or in any manner disturb the public peace,
or gamble on board of such steamboat, ship or vessel, shall be
fined twenty-five dollars for each contravention.
No. 759. (10.) Any slave who shall abuse or insult a free insulting free
person shall receive twenty-five lashes. persons.
No. 760. (11.) That any person who shall arrest a runaway Runaway slaves,
slave on board of any steamboat, ship, or other vessel, and lodge
such slave in the police jail of this city, shall be entitled to a
reward of ten dollars, which reward shall be paid on due proof
being made to the person or persons so arresting and lodging
260 SLAVES AND FREE PERSONS OP COLOR.
such slave in said jail, by the owner of such slave prior to ob-
taining a release for such slave; in default thereof, such slave
shall remain in custody.
Not to be convey- No 761. (12.) That it shall not be lawful for the proprietor
Tesseis, etc. ' of any carriage, cab or other public vehicle whatsoever, or the
owner, master or captain of any steamboat, ship or other vessel
or craft, whatsoever, to give passage to any slave without the
wriijten permission of his or her master, or his or her agent, under
the penalty of a fine of not less than ten dollars nor more than
twenty-five dollars for each and every contravention.
Slave parties, etc. No. 762. (13.) That whenever the owner of one or more
slaves be desirous of permitting his or her slaves to give a ball
or dance at the dwelling or residence of such owner, it shall be
the duty of such owner to obtain a written permit to that efiect
from the mayor, but said permit shall expire at 9 o'clock, P M ;
and any owner or other person failing so to do, shall be fined
twenty-five dollars.
Liquor to slaves. ;^o, 7^3. Q4,) That all owners or keepers of cabarets, grog-
shops, groceries, cofi'ee houses or places where spirituous liquors
are sold, be, and are hereby forbidden to sell, furnish or give
spirituous liquors to slaves, without the written permission of
their master or owner, under the penalty of a fine of not less than
ten nor more than one hundred dollars for each and every con-
travention. One half of which fine shall be for the benefit of
the informer.
Liquor to slaves. No. 764. (15.) That any owner or keeper of a cabaret, grog-
shop, grocery or coffee-house, and any other person who shall sell
or furnish any spirituous liquors to any slave in exchange for
goods, wares, produce, merchandise, wearing apparel, or other
effects, shall be fined not less than twenty-five dollars nor more than
one hundred dollars for each and every contravention. In default
of payment, he or she shall be imprisoned thirty days. One half
of said fine shall be for the benefit of the informer.
jree persons, No. 765. (16.) That all keepers of cabarets, gTog-shops, gro-
to play cards to- ccries, or coffec-houses be, and are hereby forbidden to permit or
allow white persons, free persons of color, and slaves to play to-
gether, cards, dominoes, or any other games whatsoever in their
premises, under the penalty of a fine of fifty dollars for the first
offense, one hundred dollars for the second offense, for the third
offense one hundred dollars, and to forfeit his license, and shall
be deprived of the right of obtaining a license for two years
thereafter. It shall be the duty of such policemen or watchmen
SLAVES AND TREE PERSONS OP COLOR. 261
who may discover white persons, free persons of color and slaves
playing cards, etc., as aforesaid, to arrest, without distinction, all
persons found so assembled. All persons so contravening shall
be fined as follows, viz :
Each white person, not less than twenty-five nor more than one
hundred dollars.
Each free person of color, not less than twenty-five nor more
than one hundred dollars.
Each slave shall receive fifteen lashes, unless his master prefers
paying a fine of not less than five nor more than fifty dollars.
No. 766. (17.) Every slave found on the levee, or in the slaves to be home
streets and highways within the limits of the city, after 8i o'clock,
P. M., from 22d September to 22d March, and 9i o'clock P. ]VI.,
from 22 d March to 21st Sept. (gun fire) without a pass or permit
to pass aftef'BwciL time, which permit shall specify the time such
slave is allowed to remain out after gun fire, shall be ari'ested and
taken to the police jail, and shall, on the order of the recorder of
the district wherein he or she may be found, receive ten lashes,
unless his or her master pays a fine of five dollars.
See No. 251. «
No. 767. (18.) That it shall be the duty^of all owners, cap- Free persons of
tains or masters of any steamboat or other vessel arriving at this eS?'^ °^ vessels,
port with free persons of color, in contravention to the laws
of this State, on board, employed as stewards, cooks, hands or
otherwise, whenever such steamboat, ship or other vessel is about
to depart from this port, to convey such free person of color back
to the place from whence they came ; and any owner, captain or
master of any steamboat, ship or other vessel, permitting, or al-
lowing or suffering any such free person of color to remain in
this city after the departure of such steamb'oat, ship or vessel, or
discharging any such free person of color therefrom, under any
pretext whatsoever, shall be fined one hundred dollars for each
and every free colored person so permitted, allowed or sufi'ered
to remain or discharged in violation hereof. One half of which
tine shall be for the benefit of the informer.
No. 768. (19.) It shall not be lawful for any person to sell any Merchandise, etc
commodities, goods, wares, or any article whatever to any slave, slaves, ^ ^^^^ *°
even for cash, above the value of five dollars, or to make any pur-
chase from or barter with a slave, unless with the written permis-
sion of the owner or agent; provided, always, that the said
regulation does not concern the commodities or provisions which
slaves publicly expose for sale in markets. Any person con-
I
262 SLAVES AND FREE PERSONS OF COLOR.
travelling shall be fined not less than ten nor more than one
hundred dollars.
Slaves brought No. 769. (20.) That all persons bringing into this city slaves
etc. from other States or Territories, shall within twenty-four hours
after their arrival in the city, make a declaration under oath be-
fore the mayor, of the number of slaves brought by them, — their
sex, name and age, the place from which they were brought, and
also the name of the town or country where they last resided.
Every person shall be fined not less than twenty-five dollars for
every slave brought into the city in violation of the provisions of
this section.
Slaves ia cabar No. 770. (21.) That it shall be the duty of the police to
arrest all slaves found drinking in cabarets or cofiee-houses, and
each slave shall receive for every offense, ten lashes, unless his
master pay a fine of ten dollars ; provided such slave be not the
bearer of a written permit from his master or owner.
Free persons of No. 771. (22.) That all hotel or boarding-house keepers, or
color in hotels, ,■, r i, • i • • . t • i i •
etc. other persons harboring, or keepmg m their houses, or employing
any free person of color being in the city in contravention of law,
shall be fined not less than twenty-five nor more than one hun-
dred dollars for every offense.
Duty of police, No. 772. . (23.) That it is hereby made the duty of the police
officers, policemen and watchmen of the several districts of this
city strictly to enforce this ordinance, and to prevent all contra-
ventions against the provisions thereof, under the penalty of
dismissal.
Repealing clause. No. 773. (24.) That all ordinances or parts of ordinances
contrary to the provisions of this ordinance, be, and the same are
hereby repealed.
City Ordinance, No. 3203. 'Approved January 7th, 1857.
See Coffee Houses, page 44.
For Insane Slaves, see No. 384.
For Punishment of Slaves, see No. 548.
ACT OF THE LEGISLATURE.*
An Act relative to Slaves and Free Colored Persons.
Section 1. Be it enacted by the Senate and House of Representatives of
Punishment for t^^ State of Louisiana in General Assembly convened, That any slave
murder. ^j^q B^fiXi commit the crime of wilful murder, on conviction thereof, shall
be punished with death.
. — •
* In a recent case the Supreme court decided that the act of 1855,
relative to slaves etc., was unconstitutional, but as most of the act is but
a copy of former laws ■which are constitutional, it is here inserted.
SLAVES AND FREE PERSONS OF OOIiOR, 268
Sec. 2. That any slave who shall with a dangerous weapon, and with Punishment for
, ,, , cutting, or at-
intent to kill, cut or otherwise wound any person, or who shall attempt tempting to kill
maliciously to kill by drowning, or strangling, on conviction thereof, gJangtog^"^ °^
shall suffer death.
Sec. 3. That any slave who shall wilfully and maliciously strike his ^t^?^\^^™®J*j.J?„
master or mistress, or his master's or mistress' child or any white over- persons,
seer appointed by his owner, to superintend said owners's slaves, so as
to cause a contusion or shedding of blood, shall be punished with death
or imprisonment of hard labor for a term not less than ten years.
Sec. 4. That if a slave shall shoot at or stab any person with intent Shooting or stab-
to kill, such slave, on conviction of either of said offenses shall suffer death. ^^\^^
Sec. 5. That if any slave or free colored person shall wilfully and Povoning.
maliciously poison or attempt to poison any person, he shall on conviction
thereof suffer death.
Sec. 6. That if any slave or free colored person shall commit a rape. Rape on -white
or attempt to do so, upon the body of any white female, he shall upon ^®™* ®"
conviction thereof, suffer death. «
Sec. 7. That any slave who shall e%JOurage or excite any insurrec- Exciting insur-
tion or revolt in this State, or who shall be in any wise concerned in '^«°**<^'^-
instigating to the same, on due conviction thereof, shall ^fiffer death.
Sec. 8. That if any slave or free colored person shall wilfully and Arson. .
maliciously burn or destroy any building or house, or shall attempt to
bum any house or building he shall, on conviction thereof, suffer death.
Sec. 9. That if any slave shall strike a white person, for the first striking white
and second offense he shall receive such punishment as the jury shall g|cond'offense.°*^
think proper, but for the third offense the said slave shall suffer death ; Third offense.
and whenever any slave shall have grievously and wilfully wounded or Grievously
mutilated any white person, although it prove to be the first offense, tilating.
such slave shall suffer death ; provided the blow, wound, mutilation or
bruises are not made or committed in defense of the person or property
of his master, or of some membet of his family, or of the person having
charge of him, or in whose care he then may be, in which case the said
slave shall be excused.
Sec. 10, That any slave who shall feloniously and forcibly take any Robbery,
goods or money from the person of another, by violence or by putting
him in fear, shall, upon conviction, be punished with death or otherwise,
at the discretion of the court, t
Sec. 11. That any slave who shall break into and enter any dwelling Burglary,
house, store, or house of any kind, or who shall attempt to do so, with
the intent to steal or to commit any other crime, shall upon conviction
thereof, suffer death, or other punishment at the discretion of the court.
Sec. 12. That if any slave or free colored person shall wilfully and Burning stacks
maliciously burn, or destroy, or attempt to burn or destroy, any stacks °^ ^^'^^ '^*"' ®*'*
of rice, corn, fodder or other grain of produce of this State, raw or
manufactured, or any work other than a building, he shall, on conviction
thereof, be punished at the discretion of the court.
Sec. 18. That if any slave shall threaten, insult or strike the overseer, Threatening,
or other white person representing his owner, he shall be punished at the gStiig^oTeSeer.
discretion of the court.
264
SLAVES AND FBEE PERSONS OF COLOR.
Rebelling against
overseer.
Insulting or
beating white
person.
Trespass.
Sec. 14. That any slave wlio shall revolt or rebel against any -white
overseer, appointed by his owner to superintend the conduct of his
slaves, when being punished by him, or another, by his orders, shall
on conviction thereof be punished at the discretion of the court.
Sec. 15. That if a slave, or free person of color, insult or assault
and beat any white person, such offender, on conviction of either of said
offenses, shall be punished at the discretion of the court.
Sec 16. That if any slave shall cut, pulldown, burn, destroy, or
carry away any tree, wood, or timber, growing or lying on the land of
another, without the consent of the owner, or legal pofesessor thereof,
he shall, on conviction, be condemned to receive thirty-nine lashes ;
nothing contained in this section shall be so construed as to authorize
the punishment of a slave for the acts above mentioned who shall have
acted under the express orders of his owner, or person having a legal
command over him.
Sec. 17. That any slave who shall be guilty of larceny shall be
punished at the discretion of the court.
Sec. 18. That whoever shall mflict, or cause to be inflicted, any cruel
treatment \ipon any slave, whether by maltreating, flogging, failing to
clothe and feed in a proper manner, by imprisoning, by putting in irons,
-or by illtreating in any other manner, to be judged of by the court and
jury, shall be fined not less than fifty nor more than two hundred
Power to decree dollars. The court and jury shall have power in all cases, whether they
convict or not, to decree the sale of the slave at public auction. The
owner shall not be allowed to purchase either directly or indirectly, or to
have under his control the said slave, under the penalty of one thousand
dollars. The price of the slave thus sold, shall be paid over to the
owner after deducting all costs.
It shall be the duty of the committing magistrate, to whom com-
plaij^t shall be made, to notify the district attorney, of the district
whose duty it shall be forthwith to prosecute the owner of the
slave.
Sec. 19. That any free person who shall play at any game of
chance, or make any bet, or in any manner gamble with any slave,
shall on conviction thereof, be fined not less than one hundred nor
more than one thousand dollars, and be imprisoned in the parish jail
not less than one month nor more than oje year ; and on a second or
any subsequent conviction for a similar offense, shall be fined one
thousand dollars and be imprisoned in the parish jail one year.
Sec. 20. That any master or other persoif having the charge oi
IlavlTaccuse^i of government of any slave accused of any capital crime who shall conceal
coital crime. qj. convey him away, so that he cannot be brought to trial and punish-
Penaltv when ment, shall forfeit the sum of one thousand dollars. But if such slave
slave is not ac- -. accused of a crime not capital, then he shall forfeit the sum of five
cused 01 capital
crime. hundred dollars.
Harboring or Sec. 21. That if any person shall harbor or . conceal any runawaj
concealing run- giayg^ knowing him to be such, or shall cut or break any iron chain oi
Cutting or break- collar which any master of slave may have used, he shall, on conviction
Sfiar?'' *'^"'' °^ thereof, be fined not less than two hundred nor more than one thousand
Larceny.
Cruel treatment
of slaves.
the sale ot slaves
cruelly treated,
District attorney
to prosecute.
Gambling with
slaves.
Penalty for pre-
SLAVES AND FREE PERSONS OF COLOR. 265
dollars ; and in default of payment, he shall be imprisoned not less
than three nor more than six months.
Sec. 22. That any person who shall furnish slaves with any false Furnishing
,.n , ,. , . , , . . . ^,1 A- slaves with false
free papers or certificates of birth or christening, falsely representing f^^^ papers or
such slave to be free, shall be punished for each and every such offense, ^^^th S^hristen-
as in case of forgery. ing.
Sec. 23. That any person who shall buy, sell, or receive of, to, or Buying from or
1 ■, n 1 -, I • • T i-x, selling to slaves
from any slave, any corn, hay, fodder, meal, spirituous liquors or other without the con-
produce or commodity whatsoever, without the consent, in writing, of ^f'^jji^n'^r or^eS
the owner, ovCTseer or employer of such slave, shall be held guilty of a ployer.
high misdemeanor, and shall, on conviction thereof, be fined in .a sum
not less than fifty, nor more than five hundred dollars, and shall be
imprisoned in the parish jail, not less than one nor more than twelve
months, one-half of the fine to be paid to the informer and the other
half to the parish.
In the indictment or information for the oflFense specified in this
section, it shall not be necessary to charge the kind or quantity of the
produce or commodity so bought, sold or received, nor the name of
the slave, nor the name of his owner, and on the trial of such indictment,
it shall not be necessary to prove the name or ownership of such slave,
but it shall be deemed and held sufficient to prove that such buying,
selling or receiving was of, to or from a slave, if he be a person of
color.
Sec. 24. That if any slave shall be seen or found in any storehouse, ware- what shall be
house, tippling shop or other place fitted up or kept for trading, unless Jence^f the corn-
sent by his owner, overseer or employer, after the hour of nine o'clock at mission of the
night, or before daybreak in the morning, or on the Sabbath day; or if in the'foiegoing
any slave shall be found at any time in any of the aforementioned section,
places, unless sent as aforesaid, where he shall have been permitted to
remain for the space of five minutes with the door of the place closed ;
or if any slave shall be seen to carry into the aforementioned 'place any
article or commodity supposed for sale, and not bringing the same out,
or if he shall bring out of such place any article or commodity which
may have been purchased or received therein; or if any slave, being a
teamster, or driver of any team, cart, wagon or other vehicle, shall be
seen to leave his team before or near the door of any such storehouse,
warehouse, tippling shop, or other place fitted up, or kept for trading,
and enter such place, and there remain for the space of five minutes, at
any hour of the day or night, without the consent of his owner, overseer
or employer, and shall be seen to carry into the aforesaid place any
article or commodity, supposed for sale, and not-bring the same out ; or
if he shall bring out of such place any article or commodity which may
have been purchased or received therein, without the consent aforesaid ;
or if the owner of the aforementioned places of trading, or slave, or any
person of whatsoever description is seen to go to the aforesaid teamster's
vehicle, be it of any description, and take or receive therefrom, or
receive from it, by the teamster, or any one else, any article or com-
modity whatsoever, supposed for sale, and take the same into the afore-
said place for trading and not bring the same out ; or if they bring out
266 SLAVES AND FEEE PERSONS OF COLOR.
of the place of trading, any article or commodity supposed to have been
purchased or received therein, and put the same into or upon the vehicle,
or deliver to the teamster in any manner whatever ; the same shall be
taken as persumptive evidence against the person owning or keeping
such storehouse, warehouse, tippling shop or other place fitted up or
kept for trading, of the offense described in the two preceding sections,
to be rebutted however, like other presumptives.
Pica Tvhich can- Sec. 25. That no person prosecuted under the provisions of the two pre-
not be made. ceding sections shall plead that the articles sold or purchased, were given,
sold or delivered by any person in his employ without his^nowledge.
Proof of consent Sec. 26. That in all trials, for trading with slaves, the accused shall
of owner, -^^ permitted to prove the consent of the owner or employer of the slave
by production of the original writing or by parol evidence.
Encourao-ing in- ^^^- ^^' ^^^^ ^^ ^^7 Person shall, by words, actions, writing, or in
Burrectiou. any other manner whatsoever, persuade, encourage, or advise any slave
to insurrection, against his lawful proprietor, or against the white inhab-
itants of the State or the government thereof, such person, on conviction,
shall suffer death or imprisonment at hard labor at the discretion of the
court.
Attempt to pro- Sec. 28. That whoever shall, with the intent to produce disco'ntent
'^mone^free^^coi* ^^^^^S *^^ ^^^® Colored population, or insubordination among the slaves,
ored persons or write, pxint, publish or distribute, anything having a tendency to produce
among slaves. discontent among the free colored population, or insubordination among
the slaves therein, shall, on conviction, be sentenced to imprisonment at
hard labor, or suffer death at the discretion of the court.
Using language Seo. 29. That "Whoever with the intent aforesaid, shall make use of
aforesa^^ mtent language in any public discourse, from the bar, the bench, the stage, the
pulpit, or in any place whatsoever, or whoever shall make use of lan-
guage in private discourses or conversations, or of signs or actions, hav-
ing a tendency to produce discontent among the free colored population
of this State, or to excite insubordination among the slaves therein; or
Bringing papers whosoever shall knowingly be instrumental in bringing into this State any
T^ith said intent, paper, pamphlet or book having such tendency, shall, on conviction
thereof, suffer imprisonment at hard labor not less than three nor more
than twenty-one years, or death, at the discretion of the court.
Duty of judges to Sec. 80. That it shall be the duty of judges in this State to give the
juSe?^o?the two two preceding sections in charge to the grand jury at each term of their
tk.ns?'"^^^'"' J'espective courts.
Stealing slaves. Seo. 31, That every person who shall inveigle, steal, or carry away
any slave, or shall hire, aid or counsel any person in so doing, or shall
aid any slave in running away or departing from his master's service,
shall, on conviction thereof, suffer imprisonment at hard labor not less
than two or more than twenty years,
Conveying slaves Sec. 32. That if the master of any vessel in this State, or any other
oS^bolS^of ve*s! person, shall convey out of the State, on board of any such vessel, any
seis, or receiving slave, the property of any person, without the consent of his owner, or
them on board , „ . , , „ , , , -^ ^ -i.
with such intent, shall receive on board of any such vessel any slave, or permit or suffer it
to be done, with the intent and for the purpose of carrying and conveying
him out of this State, or shall wilfully conceal or permit to be concealed
slav:es and free persons op color. 267
on board of any such vessel, any slave, with the intent and for the pur-
pose of enablinp; him to escape out of this State, he shall, on conviction
of any such offense, suffer imprisonment at hard labor for a term not
exceeding seven years, and not less than three years, and shall pay the
value of the slave and all damages that the owner may have suffered
thereby, which damages shall be assessed by the same -jury who shall
give their ^erdict on the criminal prosecution.
The owners of said vessel shall be considered bound jointly and sev-
erally to mak^good such claim. Whenever any slave shall be found on
board any vessel, the presumption shall be that he was received or con-
cealed on board with the intent aforesaid, saving to the party accused the
right of showing the contrary.
Sec. 33. That the owner of any slave so carried away, shall have a Lien on the ves-
lien on the vessel; which lien shall not affect bona fide purchasers, and ^® *
shall not take precedence over other liens now recognized by law.
Sec. 84. That suits may be brought and prosecuted to execution Manner in which
against all the persons mentioned in ^the two preceding sections at the troughrtorecov-
same time, but a recovery and payment under execution or otherwise, of ^^ undar the two
' -f r J J preceding see-
the value of the slave so carried away, with damages from any one of the tions.
persons above mentioned, shall be a bar to any further civil procedings
on the part of the owner, against each and all the others above mentioned.
Sec. 35. That if any person shall carry, or attempt to carry out of Carrying or at-
the State, by land, any slave without the consent of the owner, with the early Slaves out
intent of causing such slave to escape, he shall, on conviction thereof, °^. *^® ?*^t®
° , •■ without the coa*
suffer imprisonment at hard labor for a term not exceeding seven years, eent of their
and not less than three years, and shall moreover be sentenced to pay the °^^®^^-
value of the slave and all damages that the owfier may have suffered
thereby ; which damages shall be assessed by the same jury who shall
give their verdict on the crijninal prosecution.
Sec. 36. That if any person who may have mortgaged his slave to Transporting
another, shall transport, or attempt to transport, or cause to be transport- ^°t^ol^the S^ate.
ed out of this State, the slave thus mortgaged, in fraud of the holder,
the person thus offending, his aiders and abettors, shall, on conviction
thereof, suffer imprisonment at hard labor not exceeding seven years, nor
less than three years, and shall be liable to pay all damages that tho
holder of the mortgage may have suffered thereby, which damages shall
be assessed by the same jury who shall give their verdict in the criminal
prosecution.
Sec. 37. That if any slave shall be found on board of any vessel with- Presumption
out the written consent of the owner, the master and proprietors of said against^masters
vessel shall be presumed to have received said slave on board with the
intention of depriving his master of him, and of transporting him out of
the State, or from one part of the State to another, and shall be respon-
sible in solido to the owner of the slave in the sum of one thousand dol-
lars : provided, that the penalty herein declared, shall not be enforced Proviso,
when the discovery shall have been made by the master of said vessel,
and the slave returned without delay to his owner.
Sec. 38. That any person who shall import into this State any slave Bringing slaves
who shall have been convicted of any crime, shall, on conviction thereof, Sto the staTe?"^
268 SLAVES AND TREE PERSONS OP COLOR.
forfeit said slave to the State, provided said slave remain in his posses-
sion; if not, he shall be fined in a sum equal to the value of the slave.
Duty of commit- Sec. 39. That whenever a slave shall be accused of a crime or offense,
ting magistrate xi xi_ • x- i? xi. x,
in certain cases, by any person, on oath, the justice of the peace or other committing
magistrate, before whom the complaint is made, shall cause the slave
accused to be arrested and confined in the parish jail to await his trial.
Tribunal for the Sec. 40, That slaves accused of capital crimes, shall be, tried by a
cus^eV^cf '^capitS tribunal to be composed of two justices of the peace, and ten owners of
offenses. slaves resident in the parish where the crime may have bqen -committed.
tribunal for the Sec. 41. That if any crime or offense not capital shall be committed
cufed'ofoffenses ^^ ^"^ s\sL\e, he shall be tried by a tribunal composed of a justice of the
not capital. peace and four proprietors of slaves, who shall be summoned by the
justice of the peace to attend at the day and hour fixed for such trial,
under the same penalties to which jurors are subject when they refuse or
neglect to attend the courts of this State.
(Sections 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 and 54, and
Acts of 1855, page 37, relate to the trial of slaves for capital offenses.)
Error of form Sec. 55. That no proceedings shall be annulled or impeded by any
Jury may com- Sec. 56. That in all cases where a slave is charged with a crime
ishment^of slaves Punishable with death or imprisonment at hard labor for life, the jury
shall have a discretionary power to commute the penalty and inflict a
lesser punishment.
Who cannot be Sec. 57. That no member of any tribunal in this State for the trial
jurors. ^£ slaves, shall be either the proprietor of, or related within four de-
grees of consanguinity to the owner of the slave prosecuted.
Delivery of Sec. 58. That the sheriff of the parish where said trial is held, on
BorThaving ^^^" * receipt of a proper order from the justice, accompanied by a certi-
charge of the fied copy of the verdict, and judgment thereon, shall deliver such slave
penitentiary. . / "^ , » ,
into the posession of the person having charge of the penitentiary,
who shall receipt to him therefor.
Evidence of Sec. 59. That the evidence of slaves under oath shall be received in
Right of chal- Sec. 60. That in all trials of slaves who may be charged with the
^^°^®* commission of any capital offense, the punishment of which may be
death, they shall be entitled to challenge peremptorily six jurors and
any further number, for cause; provided, that if two or more slaves are
put upon trial as particeps criminis in the commission of any such
offense, they shall not be entitled to six challenges each.
Sale of old or dis. Sec. 61, That if at a public sale of slaves, there happen to be some
certain tasTs! "^ who are disabled through old age, or otherwise, and who have children
they shall be sold with such one of their children as they may choose to
go with.
Penalty against Sec 62. That no slave shall carry any arms except by permission
arms! ^^'^^^^"° in writing of his owner, or person having him in charge ; and in case
any person shall find any slave in possession of any firearms or other
dangerous or offensive weapons, without such permission, he may seize
the same ; and it shall be his duty within twenty-four hours after such
SLAVES AND FREE PERSONS OP COLOR. 269
seizure, to go before a justice of the peace and declare on oath the cir-
cumstances of s^h seizure ; and the justice shall forthwith notify the
owner or other person having charge of such slave, if known, of the
seizure; and if on the examination of the case the justice shall be satis-
fied that said weapon has been lawfully seized, he shall rendet a judg.
ment of forfeiture in favor of the person who seized it ; provided,
however, tliat such weapon shall remain in the posession of the court, and
the owner thereof shall have the right to reclaim the same at any time
within ninety days thereafter, on the payment of ten dollars to the use
of the person making the seizure, and the costs of forfeiture, unles^
such weapon shall have been stolen, in which case it shall be delivered
up to the owner, on the payment of the costs of forfeiture.
Sec. 63. That no person whatever shall allow any slave, whose care Slaves not to go
and conduct are entrusted to him, to go off the plantation or premises ^^t?ou?*written
without a written permission. permission.
Sec. 64. That whoever shall give a pass or permit to any slave, who Penalty for giv-
is the property or under the care of another person, without the consent g°^^* of^another
or against the will of the owner or other person under whose charge he without consent
may be, shall be liable to the penalty of fifty dollars to the owner of
the slave ; and in case he is unable to discharge the fine, he shall be
imprisoned for the space of one month.
Sec. 65. That if any slave shall be found absent from his usual place Slaves absent
of working, or residence, without some white person accompanying him, p^^^ o/working,
and shall refuse to submit himself to examination, any freeholder shall refusing to sub-
•; mit to examina-
be permitted to seize and correct him, and if he should resi^ or attempt tion, how dealt
to make his escape, the freeholder is authorised to make use of arms, ^*
but to avoid killing the slave, but should the slave assault and strike
him, he is authorised to kill him.
Sec. 66. That whoever shall beat a slave without being lawfully penalty for un-
authorised, shall pay for every such offense a fine not exceeding fifty a^thorizediy
^ r J J & J beating slaycs.
dollars ; and if the slave be mutilated or rendered incapable of working,
he shall, besides, be obliged to pay the master of the slave the sum of
two dollars per day for every day's work lost.
And if any slave should be forever rendered unable to work, then the
offender shall pay his value, and the slave thus disabled, shall be main-
tained at the expense of the person who disabled him ; provided, that
should the offender be unable to pay the fine and expense incurred, the
court shall condemn the offender to prison for a period not less than one
month nor more than one year.
Sec. 67. That every person occupying a plantation with slaves, shall Penalty for not
be bound to have permanently thereon, a white person to oversee and having a white
... 1 ,. XI 1 ^ -1 , , overseer on plan-
maintain a good police among them ; and on lailure to do so, on con- tation.
viction thereof, he shall be fined not less than one hundred nor more
than five hundred dollars.
Sec. 68. That no person shall introduce into this State any child Penalty for in-
under the age of ten- years, unaccompanied by its mother if livino-. un- Producing slave
,^ „ , , ,, , , children under
der a penalty of not less than one thousand nor more than two thousand ten years of age
dollars, and the forfeiture of the slave. In all trials for a violation of without fheir
this section, the burthen of proving the age of the child, and that its "pothers.
270 SLAVES AND FREE PERSONS OF COLOR.
mother was dead at the time of introducing it, shall be on the person
accused. t
Penalty for eell- Sec. 69. That whoever shall sell the mother of any slave under the
ing mother or
child separately age of ten years, separate from said child, or shall sell any slave child
from each other, ^^(jgy j-j^^ ^ge of ten years, separate from its mother, shall incur the
penalties prescribed in the preceding section.
Rehibitory action Sec. 70. That any person who shall have purchased any ^ave con-
tai^u cases? ^^^' "dieted of any crime out of this State, and brought into it, contrary to
law, shall be entitled to a rehibitory action against the seller, besides
lieing entitled to such damages as may be assessed by a jury.
(Sections 71, 72, 73, and 74 relate to the emancipation of slaves, and
haVe been repealed by the act of 1857 which is inserted in Appendix at
the end of this book.
Slaves not enti- ^^^' "^" ^^^* ^^ ^^^^® ®^^^^ ^® entitled to his freedom under the
tied to their free- pretence that he has been with or without the consent of his owner in a
of having been country where slavery does not exist, or in any of the States where
aoSlotl^st. «l^^«ry i« prohibited.
When lawful to Sec. 76. That it shall be lawful to fire upon runaway negroes who
fireon runaways, jj^^y j^g armed, when pursued, if they refuse to surrender.
Taking up runa- Sec. 77. That every person taking up a runaway slave shall imme-
^*y®* diately convey him before the nearest justice of the peace, who shall
either commit the slave to the parish prison or send him to the owner,
employer, or overseer, if known, who shall pay the person taking him
up, the rates hereafter specified, to wit :
Fees. For taking up a slave in the woods, six dollars.
For taking up on the road or plantation, three dollars.
For mileage in all cases, going and returning, ten cents per mile.
For magistrates' commiting, one dollar.
For jailor receiving and placing in confinement, one dollar.
For feeding slave wKile confined, twenty-five cents per day.
For magistrate, for receiving proof of ownership, one dollar.
For delivery by jailor to owner, fifty cents.
These fees and no others shall be charged.
Duty of jailor, Sec. 78. That the jailor shall have every slave by him placed in
confinement as a runaway, advertised in the nearest newspaper three
times, making the advertisement as brief as possible so as to give a
full description of the slave confined, with his name, the name of the
owner and place of residence, if known, or as given by the slave ; and
on the owner's payment of the same the jailor shall produce the prin-
ter's receipt for the payment of the advertisement, or the paper with
the advertisement therein contained.
Expenses incur- Sec. 79. That all expenses incurred by the jailor, except feeding the
red by jailor. giave, shall be made item by item ; the bill of items shall be sworn to by
the jailor, and the said oath shall be in writing, signed and attached to
the bill so rendered ; provided, that if the slave be put to work on the
public works or otherwise, the owner shall not pay anything for his
feeding.
SLAVES AND FREE PERSONS OF COLOR. 271
Sec, 80. That the parish jail of East Baton Rouge, shall be the Depot for the re-
depot for the reception of such runaway slaves as may have been con- ^ay8°°
fined and advertised for sixty days in any of the jails of this State,
without having been claimed by their masters.
Sec, 81, That whenever a runaway slave shall not have been claimed Slaves when sent
by his Blaster or by his attorney, within sixty days, the said slave shall ^ e epo .
be sent by the sheriff of the parish in which he may be detained, to the
keeper of 'the aforesaid depot. And the sheriff shall receive for his Fees of sheriffs,
mileage, going to and returning from said depot, six cents and a quarter
per mile ; a fee-bill of which expenses shall be deposited in the hands of
the keeper of the depot.
Sec 82. That the bill of all the expenses incurred for arresting and Bill of .expenses
keeping any slave that shall be sent to the depot,, shall be paid by the k^leper^^if ^depot
keeper thereof, at the time the slave shall be delivered to him, and the and by owners of
amount of the said costs, as well as of those which shall have been made
at the depot, shall be paid by the owner at the time that be takes away
said slave.
Sec. 83. That the muuicipal authorities of the city of Baton Rouge Municipal au-
are authorized to employ runaway slaves. They shall be obliged to j^J^" ^^^ employ
maintain them at their own expense during the time they may be so runaway slaves,
employed.
Sec. 84. That it shall be the duty of the keeper of the depot to Advertisement to
advertise in the weekly issue of the official gazette, for the space of three gj S^epot. ^^^*
months, such runaway slaves as have been delivered to him from any of
the jails of this State, unless sooner removed.
Sec. 85. That in case the owner of any slave confined as a runaway Runaways to be
shall permit him to remain in confinement for twelve months, the keeper gonlTaving^ ^^'
of the depot shall deliver the runaway to the person authorized by law ?^*^,se of State
to take charge of the State hands, requiring and receiving at the same
time of such deKvery his receipt for the same, which shall contain a
minute description of said slave, a duplicate receipt of which shall
be handed to the auditor of public accounts by the keeper, to be depo-
sited by him among the records of his office. The fees due the keeper, Expenses and
or that may have been paid to him, shall be paid by the treasurer of the ^^^® ^°^ ^^^^'
State upon the warrant of the auditor of public accounts ; said account
of fees and charges having first been sworn to by the keeper.
Sec. 86. That said slave shall be, immediately after his reception slaves to be
by said person in charge of said internal improvement works, placed ^^J^ks °° ^^^^^^
upon said works and cared for as other hands that may be engaged on
the same.
Sec. 87. That whenever the owner shall appear and claim said slave Manner in which
from the general depot, or person in charge of said slave engaged upon S anytime cS
said internal improvement service, he shall be allowed to take the same *°^ receive his
in his possession upon the exhibition of a lawful authenticated title to
the same, or due proof made to the satisfaction of the jailor of said
depot or the auditor of public accounts, by two or more citizens of the
neighborhood or parish in which said claimant may reside, and upon
paying to said jailor of said depot or State treasurer all expenses that
may have accrued upon said slave, as aforesaid.
272 SLAVES AND FREE PERSONS OF COLOR.
Certificate to be Sec. 88. That free coloted persons who carry any arms shall be
carried, bv free »/ v
colored persons required to carry with them a certificate of a justice of the peace
carrj'ing arms, attesting their freedom, for want of which the arms shall be subject to
seizure as in case of slaves.
Penalty for Sec. 89. That whoever shall knowingly bring, or cause to be
liberi hfto the brought, into this State, any statu liberi, shall on conviction 'thereof,
cbasi'ne'^theia"'^" ^® punished by a fine not exceeding one thousand dollars, and by
imprisonment not exceeding six months, or both, at the discretion of
the court, and shall besides be compelled to pay the expenses of convey- •
ing the slave back to the place from whence he was brought, or else-
where out of this State. Whoever shall knowingly purchase any such,
(statu liberi) sliall forfeit the slave thus purchased ; the slave shall be
sold for the time he is to serve, and on the condition of his being trans-
ported by the purchaser out of the State upon his becoming free : one-
half of the proceeds of the sale to go to the informer.
Statu liberi, be- Sec. 90. That each statu liberi, shall when he becomes free, be
transported out transported out of the State at the expense of the last owner, by pro-
of the State. ceeding before the district court at the suit of any citizen, unless per-
mitted by law to remain. When transported out of the State, he shall,
on returning, be liable to all the penalties provided by law against free
persons of color coming into the State.
Penalty for con- Seo. 91. That whoever shall knowingly bring or cause to be brought
State.^as^'a "slaved '^^^^ *^^s State, any free person of color as a slave, shall upon conviction
any free person thereof, be fined one thousand dollars, one-half to go to the informer. He
of color. °
shall also be liable to such free person of color for damages.
Free persons of Sec. 92. That free persons of color, legal residents of this State, shall
depart* froni and ^^ permitted to depart from and return thereto, as their business may
sf^ t™ ^^ *^^ require ; provided they shall not have established their domicil in a free
Proviso. State or country.
Free persons of Sec. 93. That all free persons of color who are now in this State in
cases may^be ^^r^- '^^^^^^^^'^ °^ ^^^y ^^ ^^^ may come into this State, except in cases
^^^''^'i to <iepart expressly permitted by law, shall be arrested and proceeded against by
warrant, before any judge, justice of the peace or mayor in this State.
And upon due proof of their having come into the State in violation of
law, it shall be the duty of said judge, justice of the peace or mayor, to
order any snch free person of color to depart therefrom within sixty-
days.
Penalty for their Sec. 94. That any free person of color who, having been oidered to
when Xdered to depart from this State, shall, after the period assigned for his departure,
do so. \^Q found therein, shall, upon conviction of having disobeyed said order,
be sentenced to one year's imprisonment at hard labor, and to depart
from the State in thirty days after the expiration of his imprisonment ;
and on convinction of a failure so to depart, he shall be sentenced to
imprisonment of hard labor for five years.
Bond to be ^iven Sec. 95. That the mayor, recorder or justice of the peace shall
by masters of require from the master of every vessel, on board of which any free per-
son of color shall have been brought into this State,*as is provided in the
following section, a bond with security in the sum of five hundred dollars
for each person, payable to the Governor of the State, and conditioned
SLAVES AND PREE PERSONS OF COLOR. 273
that the said free person of color shall not leave the vessel without a
legal permit. * *
Upon failure of the master to give bond as aforesaid, within twenty- Penalty for not
four hours after the arrival of the vessel, the free person of color em- ^J°^^ ^"
ployed on his vessel shall be arrested and coofined in jail until the vessel
is ready to depart, when the master shall, by the written permit of the
magistrate, take and convey away said free person of color, upon pay-
ing the expenses of his apprehension and confinement.
Sec. 96. That any free person of color employed on board of atoy Free persona of
vessel which may arrive in this State, shall be permitted to remain on remaiQ^tTbcard
board without imprisonment, upon the execution by the master of the on execution of
, „ , , ., , , , ,. . said bond,
vessel of the bond prescribed by the preceedmg section.
Sec. 97. That it shall be the duty of the master of every such vessel, Duty of masters
immediately upon his arrival at any port in this State, to report to the port free ^colored
mayor, recorder, or competent authority, in writing under oath, the persons on board
name, age, description and capacity of every free person of color em-
ployed on board his vessel, and obtain a passport from such authority
to permit such person of color to land, should it be necessary for his
duties and employment as qook or steward, and it being within discre-
tion of said mayor, recorder or competent municipal officer, to grant or
refuse such passport.
Sec. 98. That in case a free person of color so arriving as aforesaid. Penalty against
shall be found on shore without such passport, he shall be imprisoned gon^g ibr^Sog on
until the departure of said vessel; the cost of his arrest and detention ^^^^^ without
^ passport,
shall be paid by the master of the vessel.
Sec. 99. That no slave shall be admitted as a witness either in civil In what case?
or criminal matters, for or against a free person of color, except in case mttted'"irs wit-
such free individual be charged with having raised or attempted to raise «ep<>s ^?^'°®^
an insurrection among the slaves of this State, or adhering to them by color.
giving them aid or comfort in any manner whatsoever.
Sec. 100. That all laws or parts of laws conflcting with the provis- Certain laws xe-
ions of this act, and all laws on the same subject-matter, except what is ^'^* ^ '
contained in the Civil Code or "Code of Practice, be repealed. — Acts of
1855, p. 377.
For emancipation of slaves, see Acts of 1857, in appendix at the end
of this book.
For trial of slaves for capital crimes, see Acts of 1855, page 37 ; and
Acts of 1855, page 383.
DECISIONS OP StlPEEME COURT.
1. — Slaves are treated as persons by the criminal law, and are so
classed both in Codes of 1808 and 1825.— 8 R. R. 521; 4 Ann. 183.
2. — One who arrests a runaway slave is not liable, in case of his
escape, for not having canned him immediately before a magistrate ; he
is entitled to a reasonable time to do so, and, if he be guilty of no
negligence, will not be chargeable.--7 M. 371.
3.— As ^ to sheriff's charges for keeping runaway slaves, see 3 N..
S. 676.
35
274
SLAVE MARTS AND NEGRO TRADERS.
4. — One who holds possession of a runaway slave, without right or
title, although his motives be not criminal, is liable for the payment of
all loss and damage actually suffered by the owner in recovering pos-
session. — 3 La. 453.
5. — The laws of this State on the subject of slaves, whether in the
Civil Code, Code of Practice or in the ordinary statutes, being on the
same subject, must be construed together, and in such manner as to
givp effect to all.-— 3 Ann. 339.
SLAVE MATITS AND NEaRO TRADERS.
Premises to be
enclosed,
cleansed, etci
An Ordinance relative to Negro Traders and Slave Marts.
To be licensea, No. 774. (1.) It shall not be lawful for any person to keep
or occupy any establishment within tbe limits of the city, for
the sale or barter of slaves, unless permission be expressly grant-
ed by the common council; and it shall be the duty of the mayor
to order the removal, within ninety days, of all slave depots from
any street wherein a majority of the resident real estate owners
within four blocks of such establishment, shall, by petition, re-
quest him so to do. All persons violating the provisions of this
section shall be fined not less than twenty dollars for every day
they shall be in contravention..
No. 775. (2.) The premises must be so, enclosed as to pre-
vent slaves from being seen from the street ; they must be kept
properly ventilated, cleaned, and in good order, under a penalty
of a fine of not less than twenty -five dollars for every offense,
and five dollars a day for every day the offense shall be continued
after notice from the mayor.
No. 776. (3.) In case of the existence of small-pox, measles,
or any infectious or contagious disease in any slave mart, it shall
be the duty of the keeper to have the sick person or persons re-
moved to some hospital, or other proper place, at the risk and
expense of the owner or owners ; and every person violating this
section shall be fined not less than fifty dollars for every offense.
No. 777. (4.) All negro traders permitting their slaves to
stand on, or walk along the sidewalks or streets in front of their
, marts, shall be fined not less than twenty-five dollars for every
offense.
Repealing ciauBe. No. 778. (5.) All ordinances and parts of ordinances con-
flicting with the provisions of this ordinance are hereby repealed.
City Ordinance, No. 3148. Approved Dec. ITth, 1866. .
For City Tax, see No. 650.
Contagious
diseases, etc.
Slaves on side-
waJkfi.
STABLES AND DAIRIES. 275
SMOKE HOUSES.
An Ordinance relative to Smoke Houses.
No. 779. It shall not be lawful for any person, without the Notiawfui with-
•^ ^ ' out pormisaion,
permission of the common council, to build or keep any smoke- etc.
house within the limits of the city of New Orleans. Every per-
son acting in contravention of this ordinance, shall be fined not
less than twenty-five dollars, nor more than one hundred dollars,
and shall pay a further fine o^ five dollars a day until the same
be removed.
City Ordinance, No. 3149. Approved Dec. 17th, 1856.
STABLES AND DAIRIES.
An Ordinance relative to Stables and Dairies.
No. 780. (1.) It shall not be lawful to erect within the fol- Erection of dai-
lowing limits : east of Apollo, between the upper line of the city
and Felicity ; • east of Benton, between Felicity street and New
Canal ; east of Galvez street, between the New Canal and Canal
Carondelet; east of Broad street between Canal Carondelet and
Esplanade streets; east of Goodchildren street, between Esplanade
and Independence; above Independence, from Goodchildren to
the river, any livery stable, or to erect or keep any stable or shed,
for the purpose of keeping more than two cows, without first
obtaining leave of the common council. Any person violating
these provisions shall be fined not less than ten, nor more than
twenty-five dollars, and five dollars a day for every day he shall
use the said stables after notice from the street commissioner.
No. 781. (2.) All owners of stables, or stalls, or dairies, or How to be kept,
persons renting the same, within the city or suburbs, are forbid-
den to suffer manure to accumulate in said stables, or stalls, or
dairy, or on the preniises of the same. And all such persons are
required to keep constantly in a state of cleanliness, the said
stables, or stalls, or. dairies, and the whole extent of their premi-
ses, under penalty of a fine of not less than five, nor more than
twenty-five dollars, against every offender for every act or neglect
in violation of this section.
No. 782. (3.) It is the duty of the street commissioner. Duty of street
whenever He shall deem it necessary, to notify all keepers of '^°^^^^°°®'-
276 STREET COMMISSIONER,
Stables to remove all manure or offal from the said premises, and
every person failing to comply shall be fined from ten to twenty-
five dollars, and three dollars a day for every day he shall neg-
lect to remove the manure or offal, after notice as aforesaid.
Combustible No. 783. (4:.) No owncr or occupant of any livery or other
matter, lights, , , ,..,., . , , , . ,
etc. stable or dairy, withm the city or suburbs, no cart driver, horse
driver, nor any other person, shall use therein, nor in any place
containing hay, straw, or any other combustible matter, any
lighted candle, nor other light, except the same be securely kept
within a glass, horn. or tin lantern, under a penalty of ten dollai's
for each offense.
BrectadfiT* feet No. 784. (5.) No Stable shall be erected within five feet of
from nidcwAlkfj
' the side walk of any public street or road, unless the line of the
stable along the street be a brick wall without openings thoreon,
under a penalty of twenty-five dollars.
Repealing clause. No. 785. (6.) All ordinances or parts of ordinances, con-
flicting with the provisions of this ordinance, are hereby repealed.
City Ordinance No. 3175. Approved, Dec. 26tli, 1856.
For City Tax, see No. 666 and 692.
Use of Hay, etc., see No. 261.
STREET COMMISSIONER.
bonds, etc.
An OrdinaEce organizing the Street Commissioner's Department of the
city of New Orleans,
His officers. No. 786. (1.) The street commissioner's department shall
consist of the street commissioner, elected by the people, of one
deputy, of one clerk and of ten assistants, to be appointed by
him, by and with the advice and consent of the common council.
His office, books, No. 787. (2.) The Street commissioner shall keep his office
in the city hall, and a branch office in each district except the
first district, wherein all reports, books and other documents ap-
pertaining to the same, shall be deposited and carefully kept.
They shall be considered the property of the city, and shall be
at all times accessible to the mayor and members of the common
council. The said street commissioner shall take the oath re-
quired by the city charter, and he shall give bond, with one or
more securities, (to the satisfaction of the common council,) in
the sum of $10,000, conditioned for the faithful performance of
STREET COMMISSIONER. 277
Ms duties, and to secure the city against all claims, losses or injury
that may arise from his neglect, inability, or the unfaithful dis-
charge of his duties.
No. 788. (3.) It shall be the duty of the street commission- His duties,
er to superintend the cleaning of all the streets, the repairing of
all the paved and unpaVed streets, the cleaning of the markets,
the repairing of the wharves and levees, the repairing and attend-
ing of the bridges, shell roads and plank roads; the construction
of all new pavements, shell, plank or other roads or highways
ordered by the common council ; the clearing of the side-walks ;
the enclosing of public places; the lighting of the streets, mar-
kets and public squares, and to see that all contracts given for
the same be faithfully executed ; to superintend the planting of
trees on the public squares and promenades, and enforce the or-
dinances relative to the same; to enforce all ordinances relative
to signs, wooden buildings, chimneys, stove pipes, bakeries,
forges, stray animals, pounds, privies, vaults, sinks, incumbrances
of streets, roads and side- walks, etc., etc.; to report and abate
all nuisances which may affect the health or convenience of citi-
zens ; to see jointly with the surveyor that the ordinances rela-
tive to houses, buildings, walls, or any other object, which, from
their ruinous condition, or any other cause, might, by falling
down, interfere with the safety of the public way, or occasion
accidents, be enforced ; to make monthly reports to the common
council of the condition of the streets, roads, side-walks, levees
and other public places, and suggest the repairs to be made to
the same ; and generally to perform such other duties as the
common council may direct; to superintend the removal of indi-
gent sick persons to the hospital, and the burial of indigent de-
ceased persons.
No. 789. (4.) The duties of the deputy shall be the same Duty of deputy,
as those of the street commissioner, under whose immediate con-
trol he shall be, and in case of absence, inability, or sickness of
the street commissioner, he shall act as street commissioner.
No. 790. .(5.^ The assistants and clerk shall bounder the Assistant and
. . clerk
immediate control of the street commissioner, and shall perform
such duties as may be prescribed to them by him.
No. 791. (6.) The salary of the deputy street commissioner saiVryand bond
be and is hereby fixed at $1500 per annum. Said deputy shall °^^®P^*y*
take the oath required by the city charter, and furnish bond and
security in the sum of $500 — to the satisfaction of the common
council — to guarantee the faithful performance of his duties.
^900
pel
• annum.
900
1000
do
do
900
do
800
do
800
do
800
1000
do
do
1200
do
278 STREET COMMISSIONER.
Salary of assiat- No. 792. (7.) The compensation to the assistants be, and
is hereby fixed as follows, to-wit :
That of the assistant of the 1st ward a
do do 2d do
do do 3rd do
do do 4th do '
do do 5th do
do do 6th do
do do 7th do
do do 8th & 9th
do do 10th & 11th
The assistant deputies of the 8th and 9th wards and of the
10th and 11th wards shall each keep a horse for his use and at
his own expense.
And said assistants shall each take the oath required by the
city charter, and shall each furnish a bond, with security to the
satisfaction of the common council, in the sum of $2000, to
guarantee the faithful performance of their duties.
Salary of clerk. No. 793. (8.) That the salary of the clerk be, and is hereby
fixed at $1200 per annum.
Office hours. No. 794. (9.) That the street commissioner's office shall be
kept open to the public every day, (Sundays and holidays except-
ed,) from sunrise to sunset.
RepeaUng clause. No. 795. (10.) That all ordinances, or parts of ordinances,
contrary to the provisions of this ordinance be, and they are
hereby repealed.
(11.) That this ordinance shall go into effect and be in full
force from and after the first of August next.
City Ordinance, No. 3054. Approved, Nov. 1st, 1856.
Amended to read " 1st November, 1856," by Ordinance No, 3069.
Superintendent No. 796. (1.) Resolved, That the street commissioner be,
and he is hereby authorized to appoint, by and with the appro-
val of the committees of streets and landings, an experienced and
competent person to superintend the repairs of old, and the
making of new bridges for the whole city, said person to be un-
der the direction and control of the street commissioner.
BoEdand securi No. 797. (2.) That the superintendent of repairs of bridges
shall give bond and security in the sum of two tliousand dollars,
for the faithful performance of his duty, and that the said super-
intendent shall be liable, with his securities, for all loss or dam-
ages that may occur through his neglect.
ty
STREET COMMISSIONER. 279
No. 798. (3.) That the salary of said officer be fixed at S125 Salary, etc.
per month, with the reserved right of the common council to
declare the office abolished at any time.
City Ordinance, No. 3139. Approved, Dec. 13, 1856.
No. 799. Resolved J That the following named officei be Abolishing cer-
abolished, any ordinance or resolution to the contrary notwith-
standing, if any such there be, and the name of the officers fill-
ing the same oe stricken oflF the pay rolls from and after the end
of March, 1857, viz:
Syndic of the second district, or bayou St. John ; syndic of
the third district; two superintendents of paving attached to the
street commissioner's department.
City Ordinance, No. 3278. Approved, March 12th, 1857.
No. 800. (1.) That the surveyor and street commissioner to purchase re-
be, and they are hereby authorized to purchase such materials as ^i'^*"^®"^*^" ^'
may be required by them in order to carry on the public improve-
ments in their respective departments not under contract.
No. 801. (2.) That said officers shall make a monthly state- Monthly state.
ment to the council of all materials purchased by them, designa- ™*° '
ting the purposes for which said materials were bought.
City Ordinance, No. 1531.
No. 802. That the street commissioner hereafter issue no Certificate to
certificates to contractors for repairing and cleaning the streets of <^'^*'^*^**^'^^-
the city until the same be submitted for the approval of the
chairmen of the committees of streets and landings.
City Ordinance, No. 2683.
No. 803. From and after the passage of this resolution, the Laborers' pay,
pay of all laborers employed on the public works in charge of
the surveyor or street commissioner, shall be at the rate of
thirty-five dollars per month for each laborer.
City Ordinance, No. 724.
No. 804. That the surveyor and street commissioner be, and To keep a record
they are hereby, required to keep a book of record in their de-
partments in which shall be daily recorded by their superintend-
ents or overseers, the number of laborers, carts, etc., employed
in their departments, designating separately, the several kinds of
work on which they may be engaged. ,
City Ordinance, No. 1387.
No. 805. That the resolution numbered 136, approved July To make semi-
3, 1852, requiring the surveyor to report to the council twice ^^^ ^ "^°' '
280
STREET COMMISSIONER.
Monthly pay-
rolls to be re-
turned.
Violations of
contract.
in each montli, the number and description of mechanics, labo-
rers, horses and carts, superintendents and overseers employed
in his department, the compensation paid per day, or month, the
work or works on which employed, and also requiring him to
furnish information to this council which will enable it to un-
derstand fully the duties and requirements of all men thus
employed, and judge of the propriety and necessity of their
employment be amended so as to require the stree# commissioner
to make similar reports.
City Ordinance, No. 360.
No. 806. That the wharfingers of the several districts, and
the street commissioner be, and they are hereby directed and
instructed to return monthly pay-rolls of the persons employed
by them, and now on the pay-rolls of the surveyor's department.
City Ordinance, No. 905.
No. 807. That the street commissioner be, and he is hereby
required to impose the fines — as provided in the specifications
for the contracts for cleaning the paved and unpaved streets of
the city on all contractors for cleaning the streets — as often as
said contracts are neglected; and whenever any contractors
shall have been fined three times during any one month, to
report the fact to the council, in order that the contractor may
be put in default.
City Ordinance, No. 1048.
For Lis duty relative to Awnings, etc., see page 11.
" " Board of Ilealth, see No. 364.
" " Builders and Buildings, s*je page 26 and 27.
«» « Burials and Cemeteries, see Nos. 132, 138, 139,
" " Census for Taxes, see No. 730.
" " Chimneys, see No. 152.
" " Fire, its prevention, see page 92.
" " Fire Limits, see page 30.
" « Fences, see No. 260. '
" " Ferries, see No. 262.
*' " Offenses and Nuisances, see page 172.
" * " Pounds, see page 207. '
" " Stables and Dairies, see No. 782.
" " Stoves, see No. 152.
" " Streets, etc., etc., see page 281.
" " Water Works, see No. 946.
And see "Vehicles.""
ACTS OF THE LEGISLATURE.
Duties of street Sec. 34. That the street commissioner shall superintend the light-
commissioner, jjjg^ cleaning and repairing the streets, wharves, and enclosing public
places, and see that all contracts given for the same be faithfully execu-
ted. He shall make monthly reports to the council of the condition of
STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC. 281
the streets, sidewalks, levees and other public places, suggest the re-
pairs to be made to them, j^nd denounce all nuisances which may affect .
the health or convenience of citizens ; and generally, he shall perform
all such other duties as the common council may direct. He shall re- Salary of street
ceive a salary of $3,000 per year.— Acts of 1856, p. 146.
See also Acts of 1856, p. 137, sects. 6, 8, placed under " Officers,"
page 188.
See Acts 1856, p. 143, sec. 30, placed under " Comptroller," p. 188.
See Acts 1856, p. 166, sec. 125, placed under ''Officers," p. 188.
commissioner.
STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES
AND PUBLIC PLACES.
Whereas, Different names have been given to continuous parts
of the same streets in the city of New Orleans, thereby occasion-
ing frequent embarrassment to wayfarers in said city; and
whereas, it is advisable to simplify the map of said city, to ren-
der the directions to its different parts more clear, therefore.
No. 808. Be it ordained, That from and after the passage of Names of streets,
this ordinance, the streets of the first and fourth districts parallel
to the river, shall have the same names, starting from Canal street ,
and extending to the upper limits of the city, and the streets in
the second and third districts shall have the same names, starting
from Canal street and extending to the loWer limits of the city,
in the following manner, to wit :
IN THE FIRST AND FOURTH DISTRICTS.
No. 809. New Levee and Levee streets shall be known as change of names
XT T J. i of certain streets
New Levee street. . in fipt & fourth
Religious and Bellechassee streets shall be known as Religious
street.
St. Thomas, St. John the Baptist, Bellegarde, and Fulton ,
streets, shall be known as St. Thomas street.
Pacanier, Soubie and Chippewa streets shall be known as
Chippewa street.
Annunciation, Elizabeth and Jersey streets, shall be known as
Annunciation street.
St. Michael and Laurel streets, shall be known as Laurel
street.
Constance, St. Azelie, Live Oak and Foucher streets, shall be
knswn as Constance street.
36
282 STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC.
Camp, Colliseum and Liberal streets, shall be known as Camp
street.
Tainturier and Chesnut streets, shall be known as Chesnut
) street.
Colliseum, Ursule and Plaquemine streets, shall be known, a.s
Colliseum street.
St. Charles and Nayades streets shall be known as St. Charles
street.
Carondelet and Apollo streets shall be known as Carondelet
street.
Baron ne and Bacchus shall be known as Baronne.
That Phillippa and Dryades streets shall be known as Dryades
street.
That Circus, Hurcules and Rampart streets, shall be known as
Rampart street.
St. John, White and Basin streets, shall be known as Basin
street.
Franklin, St. Peter and Benton streets shall be known as
Franklin street.
Treme, St. Paul and Liberty streets, shall be known as Liberty
l^treet.
G-irond, Cedar and Howard streets, shall be known as Howard
street.
Freret, Pine and Jacob streets, shall be known as Freret street.
St. Mary, Locust and Solis streets, shall be known as Locust
street.
St. Marc, Magnolia and Mau*isel streets, shall be known as
Magnolia street.
St. Magdeline, Vine and Clara streets, shall be known as Clara
street.
St. Adeline, Willow and Martin streets, shall be known as Wil-
low street.
White and Sixth streets shall be known as White street.
Dupre and Fifth streets shall be known as Dupre street.
Gayoso and Fourth streets shall be named Gayoso street.
Salcedo and Van Buren streets shall be known as Salcedo
street.
Lopez and Third streets shall be known as Lopez street.
\J Rendon and Second streets shall be known as Rendon street.
Hagan avenue and St. John avenue shall be known as Hagan
avenue.
Clark and Violet streets shall be known as Clark street. •
STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC. 283
G-enois aj^d Lemon streets shall be knowu as Genois street.
Telemachus and Mulberry shall be known as Mulberry street.
St. John and St. Peter shall be known as Scott street.
St. James and Marley as Pierce street.
^ V- , IN THE SECOND AND THIRD DISTRICTS.
No. 810. Public Road and Levee street shall be known as change of names
of certain street
in second and
third districts.
T. r T J , ^^ certain streets
JNeW Levee street. in second and
Old Levee street and Victory streets shall be known as Levee
street.
Chartres, Conde and Moreau streets shall be known as Chartres
street.
Royal and Casaealvo streets shall be known as Royal street.
Bourbon and Bagatelle streets shall be known as Bourbon
street.
Dauphin and Greatmeu streets shall be known as Dauphin
street.
Burgundy and Craps streets shall be known as Burgundy street.
Rampart and Love streets shall be known as Rampart street. ,
St Claude and Good Children streets shall be known % St.
Claude street.
Marais, Plauche and Moralles streets shall be known as Marais
street.
Villere and Girod shall be known as Villere street.
Robertson and St. John Baptist as Robertson street.
Claiborne and St. Avid as Claiborne street.
Derbigny and Prosper as Der^gny street.
Johnson and Liberal streets shall be known as Johnson street.
Dorgenois and Magistrate shall be known as Dolhonde street.
Sixth and White streets as White street.
Dupre and Fifth street as Dupre street.
G^ayoso and Fourth streets as Gayoso street.
Salcedo and Van Buren as Salcedo street.
Lopez and Third streets as Lopez street.
Rendon and Second streets as Rendon street.
Hagan avenue and First street as Hagan avenue.
And be it further ordained^ That the following streets, per-
pendicular to the river, shall be known as follows, to wit :
IN THE riRST DISTRICT.
No. 811. Roffignac, Josephine, Basin, Prytania Walk and change of names
Terpsichore streets shall be known as Terpsichore street. dicufar to^ ^KS.
284 STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC.
Edward and Melpomene streets as Melpomene street.
Benjamin, Estelle and Thalia as Thalia street.
Suzette, Mellicerte and Erato streets as Erato street.
Graiennie and Bartholomew streets as Graiennie street.
Louisa, Duplantier and Calliope as Calliope street.
Delord and Fulton Walk as Delord street.
Girod street shall be known as Broom street. (Rechanged to
Girod street, by city ordinance 1682.)
Julia street and Florida Landing as Julia street.
Lafayette and Hevia as Lafayette street.
Jackson street shall be known as Gasquet street.
IN THE THIRD DISTRICT.
History and Kerlerec streets as Kerlerec street.
Mysterious and Columbus streets as Columbus street.
Bagatelle street shall be known as Bourbon street.
Washington avenue and Poet street shall be known as Wash-
ington street.
• Enadiein street to be known as Lafayette avenue.
City Ordinance No. 395. Approved 20th Nov., 1852.
No. 812. From and after the passage of this resolution, the
St. Andrew street running parallel with Claiborne street, in the
fourth district, be known as Benton street.
City Ordinance, No. 955.
No. 813. That the name of Touro avenue be, and is hereby
changed to the original name of Canal street.
City Ordinance, No. 2124.
That the street formerly denominated and known as New
Levee, be changed, and from the passage of this resolution be
called and bear the name of Peter's street; and that likewise shall
be changed the street called Old Levee street, instituting in its
stead Decatur street.
City Ordinance, No. 2314.
Sidewalks. No. 814. That whenever the property owners at the corners
of streets, relay their sidewalks, they shall have the privilege of
relaying the intersections, for which the city is obliged to pay,
and be reimbursed by the city for said portion, at the price fixed
by the surveyor.
City Ordinance, No. 145.
8TREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC. 285
No. 815. (1.) Be it ordained.Thsii in all cases where any of Repairs to
. streets, etc. by
the pavements, sidewalks, gutters, curb-stones, bridges, or the gas and other
wings thereof, on any of the streets, alleys, lanes, public squares
or other public places, shall be out of repair, by cause of any of
the works executed by the New Orleans Gas Light Company, or
the Commercial Water Works Company, or any other chartered
company within the limits of the city, it shall be the duty of the
company whose works have caused repairs to be necessary, to
have the same executed within such reasonable delay as the case
may require, and which delay may be specified in a written
notice and served on them by the street commissioner or his
deputies, and in case of failure to comply with said written notice,
any such chartered corporation or company shall be liable to a
fine or penalty of ten dollars per day in each case whilst in de-
fault, recoverable before any court of competent jurisdiction for
the benefit of the city.
See « Water Works," No. 945.
No. 816. (2.) That in making repairs of pavements, all Repairs to
chartered companies or corporations shall be governed as to the gas and other
kind and quality of the materials to be used, and the manner of ^°™P"°*^^-
performing the work, by the same rules and regulations as may ,
at the time be prescribed in the specifications governing the con-
tracts for repairing the paved streets ; or if said paved streets'
repairs shall be executed without contract, then said companies
or corporations shall, in making their repairs, use such materi-
als as may at the time be judged proper by the street commissioner,
under a penalty of not less than ten, nor more than one hundred
dollars for each and every ofi'ense, recoverable as aforesaid.
City Ordinance, No. 2353. Approved August 10th, 1855.
No. 817. (1.) From and after the passage of this ordinance, it obstructing
shall not be lawful for any person or persons to encumber or ob- streets^etc!
struct any of the streets, public roads, public grounds, public
squares or promenades, sidewalks or gutters of the city, by depos-
iting in or on the same any box, bale, hogshead, barrel, or any
goods, wares or merchandise, or any article or object whatever,
except for the necessary time for loading and unloading the same,
in order that at all times a free, commodious and convenient
passage may be left to pedestrians, and to carts, drays or other
vehicles, and to the flow of waters in the gutters; and should any
owner or owners, or any person or persons having charge of the
same, or any of them — after being notified by the street com-
missioner or any of his deputies to remove such obstructions —
286 STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC.
fail to do so immediately, he or they shall be liable to pay a fine
of not less than five or more than one hundred dollars, recovera-
• ble before any court of competent jurisdiction.
Duty of street I^q, SIS. (2. ) And it shall then be the duty of the street corn-
commissioner to ,. ,. ,,.,.. J
remove obstruc- missioncr or his deputies, under his directions, to remove and
store the same in some safe and convenient place with some
responsible person, or, as the case may require, remove the same
to the public pound of the district where so found in contraven-
tion ; and if the same shall not be claimed by the owner or owners
thereof within three days thereafter, then it shall be the duty of,
and the said street commissioner is hereby directed to advertise
and sell the same as provided for in the case of strays and drays
etc., in this ordinance ; provided always, that the provisions of
this section shall not be applicable to the case of building or re-
pairing any house or other edifice, as regulated by existing
ordinances.
• City Ordinance, No. 751, Sect. 0.
For Strays and Drays refered to, see "Pounds." No. 593. etc.
See Builders and Buildings, p. 26 and 27.
Sidewalks, etc., No. 819. (1.) Whenever any of the sidewalks, common
repairs. alleys or foot passages, within the corporate limits of the city shall
, need repairs, it shall be the duty of the street commissioner, or
his deputies, to notify in writing the owners or their agents of the
property fronting or bordering thereon, to cause said repairs to
be made within ten days after service of said notice.
street commit!- No. 820. (2.) After the expiration of Said ten days, in case
sioner to repair. • i • i n n /? . . • j
said Sidewalks, common alleys or toot passages, are not repaired
by the owners or agents aforesaid, it shall be the duty of the
street commissioner to cause the necessary repairs to be made at
the expense of said owners of property fronting or bordering on
said sidewalks, common alleys or foot passages.
Penalty for not No. 821. (3.) Any person or persons refusing or neglecting
to repair the sidewalks, common alleys, or foot passages in front
of his or their property, or bordering thereon, or cause the same
to be made, when required, after the expiration of the ten days,
shall be liable, in addition to the cost of making said repairs, to a
fine of ten dollars for each day he or they are in contravention, said
fine to be recoverable before any court of competent jurisdiction.
Repealing clause. No. 822. (4.) This Ordinance shall be in force from and
after its promulgation, and all ordinances of the late municipali-
ties, or late city of Lafayette conflicting therewith, be, and the
same are hereby repealed.
City Ordiuance, No. 1586. Approyed June 23d, 1854.
STREETS, SIDEWALKS, ALLEYS, SQTTARES, LEVEES, ETC. 287
No. 823. (1.) From and after the passage of this ordinance, common alleys,
it shall be the duty of the street commissioner to publish in the
official journal of the city^ a notification, in the English and
French languages, addressed to all owners of property, lying be-
tween paved streets, or between a paved and an unpaved street,
situated within the limits of the several districts of the city
of New Orleans whose property fronts upon a common alley, to
have said alley paved with square granite blocks, or brick or
stone slabs at their own expense, within six months after the first
publication of said notification; and at the expiration of said delay,
should said owners neglect or refuse to comply with* said ordi-
nance, it shall be the duty of said street commissioner to give
them a special written notice, signed by him, in his official capa-
city, calling upon them to comply with the requisites of the present
ordinance, within ten days of said notification, or in default of so
doing, after the expiration of said last delay, should said owners ,
still neglect and refuse to comply with the requirements of the
present ordinance, said owners shall then be liable to pay a fine of
five dollars per day until they shall cause said common alley to
be paved, said fine to be recovered for the benefit of the city, be-
fore any competent tribunal.
No. 824. (2.) As soon as the delay granted to the owners of Duty of street
property mentioned in the first article of the present ordinance andTssLtant
shall have expired, it shall be the duty of the street commissioner »"^''"^y-
to report to the assistant attorney of the city the name and resi-
dence of each and every delinquent, and said attorney shall imme-
diately institute suit against them for the recovery of the fine
mentioned in the first article of the present ordinance.
City Ordinance, No. 1038. Approved IQth July, 1853.
No. 825. That the ordinance No. 1038, relative to common common alleys,
alleys, be so amended as to leave undisturbed all alleys properly
paved and graded at the time of the promulgation of sa'id ordi-
nance.
City Ordinance, No. 1163.
No. 826. That ordinance No. 1038, approved July 19th, common alleys
1853, entitled '^An ordinance relative to the common alleys in
the city of New Orleans,'^ shall not be construed as applying to
alley ways now paved in round stone or otherwise.
City Ordinance, No. 1600.
No. 827. That merchants, storekeepers and all other persons Watering streets.
in this city be, and they are hereby authorised to have the streets
288 - STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC.
in front of their property or stores watered, provided the same
be done at their own expense.
City Ordinance, No. 2632.
Whereas, many errors have occurred in establishing the street
lines of the city, particularly in the first district, by which the
citizens suffer great loss and inconvenience; therefore,
street lines and No. 828. (1.) Be it resolved, that the surveyor be, and he is
stone bounds. , r • i i t i n mi
hereby authorised and directed to use all possible exertions to
establish, with stone bounds to be placed at every five squares in
all the streets of the city, the lines of said streets,
street lines and No. 829i (2.) Bc it further resolvcd, that said bounds, when
stone bounds. i i t n i • i i i -i n i • o
placed, shall be recognised by the common council oi the city ot
New Orleans as the only true and correct lines of the streets, and
that it shall be the duty of all surveyors to follow the same in
giving the lineations of lots.
City Ordinance, No. 799.
Mode of cleaning No. 830. It shall be the duty of the street cleaners, to clean
streets. .
the gutters (with hoes or scrapers) of all filth, and put the same
in piles, and have it carried away the same day to such places as
the street commissioner may designate ; and after the gutters
shall have been cleansed with hoes or scrapers, the water may be
let in the gutters from the fire plugs ; and while the water is
running the street cleaner shall use brooms and sweep the gut-
ters — always using hose to convey water from the fire plugs to
the gutters. For any violation of this ordinance the offender shall
be liable to a fine of ten dollars for every offense, recoverable be-
fore any magistrate, one-half of the fine to go to the informer.
City Ordinance, No. 2143.
Penalties against No. 831. That the Street commissioner be, and he is hereby
con rac org. required to impose the fines — as provided in the specifications
' for the contracts for cleaning the paved and unpaved streets of
the city — on all contracts for cleaning the streets, as often as
said contracts are neglected ; and whenever any contractor shall
have been fined three times during any one month, to report the
fact to the council, in order that the contractor may be put in
default.
City Ordinance, No. 1048.
Contractor certi- No. 832. That the street commissioner hereafter issue no
certificates to contractors for repairing and cleaning the streets of
the city, until the same be submitted for the approval of the
committee of streets and landings.
City Ordinance, No. 2683.
STREETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES,«ETC. 289
No. 833. That the street commissioner be, and he is hereby Duty of street
^ . *^ cleaners.
directed to forbid and prevent the contractors for cleaning streets,
from depositing any of the kitchen offal and garbage, on the
streets of the city, and to discontinue the filling of Poydras and
Tobin canals during the summer and fall months.
City Ordinance, No. 2791.
No. 834. That the mayor give notice in accordance with the Public park,
acts of the legislature, that it is the intention of the common
council of New Orleans to open and lay out as a public park,
squares fronting on Metairie road, numbered 684 to 635, 669 to
675, 692 to 698, 714 to 720, 737 to 743, 755 to 758, 665 to
668, 699 to 502, 710 to 715, 744 to 747.
That should no satisfactory opposition be made thereto, after
due notice, the mayor is authorized to take the necessary legal
steps for the opening and laying out of said park.
City Ordinance, No. 278.
No. 835. (1.) For the better preservation of the public Public park,
property of the city of New Orleans, it shall be the duty of the
chief of police to detail one man, whose duty it shall be to guard
and protect the interest of the city of New Orleans, and to pre-
vent the destruction of the trees, or any other property belonging
to the city on the Metaire ridge, known as the City Park.
(2.) It shall not be lawful for any person or persons, military
company or companies, to use the grounds of the city park for
target excursions or any such purpose as may be injurious to the
trees or property, under a penalty of not less than fifty dollars for
such offense, recoverable before any court of competent jurisdic-
tion, for the benefit of the city.
• City.Ordinance, No. 2115.
. No. 836. That the surveyor be, and he is hereby authorized Jackson square
to cause the Jackson square, in the second district, to be opened
till 10 o'clock, p. M., from 1st of May to 1st of November of *
each year.
That the surveyor is directed to use the roller for smoothing
the shells lying in the alleys.
City Ordinance, No. 296. *
No. 837. That the street commissioner be, and he is hereby jackson square,
authorized to employ a suitable person as gardener of Jackson
square, at an expense not exceeding 11000 per annum, for said
gardener and his two assistants.
City Ordinance, No. 2222.
37
290 STREETS, SIDEWALKS, ALLEYS. SQUARES, LEVEES, ETC.
Public squares No. 838. According to the act of consolidation, the public
prosie-a .. g^^^^j.gg ^^^ promenades of the city be, and they are hereby placed
in charge of the street commissioner, who shall return on his
monthly pay-roll the names of all persona employed in taking
care of the same.
City Ordinance, No. 1625.
For contract relatiro to repairing street?, crossings, etc., see city ord. No. 2793.
For contract relative to repairing bridges, etc., see city ordinance No. 2901.
Kepeaiofcertaia No. 839. That an ordinance entitled ''An ordinance con-
cerning the paving and completing the foot-paths (causeways) of
the city of New Orleans and its ihcorporated suburbs,'^ approved
September 27, 1827 j also a resolution amending the same, ap-
proved April 29, 1830, and also another resolution amending the
same, passed December 18, 1830, be, and the same is hereby re-
pealed.
City Ordiaance, No. 2351.
See No. 510.
See Batture, p. 18.
See Buildingi?, p. 27.
See Fence.s, p. 90.
See OiTeGses and .Nuisance?, page 172.
Por privileges of builderp, sec Ncs. 79 and 81.
For petition to council for paring, etc., sec No. 193.
Engines not to run on sideTralks, No. 321.
See " Vehicles" and " Wharves."
Obatructinjj sidewalks of markets, see Nos. 4i7 an'l 453.
ACTS OF THE LEGISLATURE.
Paving and ban- Seo. 119. That whenever one-fourth of the owners of real property,
qucttxag streets. fj-Qritjag upoa any. unpaved or unbanquetted street in the city of New
Orleans, shall, by petition, signed by the petitioner or petitioners, and
addressed to the common council of said city, ask for the paving or for
the banquetting of said street, or for any portion thereof, setting forth
the character and quality of said pavement, or of said banquetting, said
common council shall cause said petition to be published in French and
• English, in the oiScial journal of said city, for and during eight weeks,
once in each week ; and if, at the expiration of eaid publication so made
of said petition, a majority of the owners of real property fronting on
Baid street, or on said portion thereof, shall not, by memorial, signed by
the memorialist or memorialists, and addressed to said common council,
object to the same, said common council shall, by resolution or other-
wise, order said paving or said banquetting, so petitioned for, to be made,
in accordance with section 30 of this act; and the whole cost of said
pavement, or of said banquetts, so made as aforesaid, shall be borne by
the owner or owners of real property fronting on said pavement, or on
said banquetts, in equal proportion, according to the running front foot:
Provided, that no petition for new paving or new banquetting shall be
STREETS, SIDEWALKS, ^LEYS, SQUARES, LEVEES, ETC. 291
presented to the common council during the months of July, August or
September. •
Sec. 120. That whencJver any owner or owners of property, fronting Paring and ban*
upon any paved or banquetfced street in the city of New Orleans, shall, ^^^"^°2 streets,
by petition, signed by the petitioner or petitioners, and addressed to the
common council of said city, ask for a new paring or a new banquetting
of said street, or of any portion thereof, of a character different from the
than existing pavement or banquettes of said street, or of said portion
thereof, and setting forth in said petition the character and quality of
said new pavement, or of said new banquetting, the common council
shall cause said petition to be published in French and English, in the
of&cial journal of said city, for and during eight weeks, once in each
week ; and if, at the expiration of said publication so made, of said pe>
tition, a majority of the owners of real property fronting on said street,
or on said portion thereof, shall not, by petition or otherwise, signed by
the petitioner or petitioners, and addressed to said common council, ob-
ject to the same, said common council shall, by resolution or otherwise,
order said new pavement, or said new banquetting so petitioned for, to
be made, in accordance with section 30 of this act; and the whole cost of
said new pavement, or of said new banquetting, so made as aforesaid,
shall be borne by the owners of said real property fronting on said new
pavement, or on said new banquettes, in equal proportion according to
the front foot: Provided, that no petition for new paving or new ban-
quetting shall be presented to the common council during the months of
July, August or September.
Sec. 121. That whenever any owner or owners of real property situ- Opening, Trldcn-
ate in the city of New Orleans, shall by petition, signed by the petitioner eciDgo/ streets.*
ot petitioners, and addressed to the common council of said city, ask for
the opening, widening, or straightening of a street or streets through
their property and through other real property adjacent thereto, setting
forth in said petition the length, width and direction of said street or
streets, together with a description of said other adjacent real property,
and the names of the owners thereof, said common council shall, if it
deem the same to be for the public benefit, cause said petition to be pub-
lished in French and English, in the official journal of said city, for and
during eight weeks, once in each week ; and if, at the expiration of said *
publication so made of said petition, a majority of the owners of said
other adjacent real property, shall not, by petition, signed by the petition-
er or petitioners, and addressed to said common council, object to the
same, said common council shall, by resolution or otherwise, order said
street or streets so petitioned for, to be opened, widened or straightened,
under and in accordance with existing laws ; and the whole cost of said
opening, widening or straightening of said street or streets, so made as
aforesaid, shall be borrie by the owners of the property affected by tho
same : Provided, that no petition for opening, widening, or straightening
streets, shall be presented to the common council during the months of
July, August or September.
Sec. 122. That all costs of publication of petitions, as required by cost of pntiica-
sections 120, 121 and 122 of this act, shall be paid by the signers of the 6^° ti/ng^^iS'^iil
292 STREETS, SIDEWALKS, ALLEYS^ SQUARES, LEVEES, ETC.
and 122 of this Same; and the majority of owners, within the meaning of sections 120
act, how paid. ^^^ ^^i of this act, shall be construed to bo the owner or owners of a
majority of running feet of real property fronting on the street, or por-
tion of street to be paved, banquetted, or new paved, or new ' ban-
quetted, in -accordance with said sections 120 and l2l of this act; and
What is meant further, the majority of owners within the meaning of section 122 of this
by "majority of ^^ shall be construed to be orwner or owners, of a maiority in value of
owners" lu said ' ^ j j
section. the property to be affected by the opening, widening, or straightening of
a street or streets, in accordance with said section 122 of this act.
Streets and ban- Sec. 123. That all paved and unpaved streets and unpaved ban-
ke^ttn oidrr^°"^ quettes, in the city of New Orleans, shall be kept in repair by said city ;
and all paved' banquettes in said city, shall be kept in repair by the
owners af real property fronting thereon. — Acts 1856, p. 164.
An Act concerning Levees and for other purposes.
Section 1. Be it enacted by the Senate and House of Representatives of
Power of the the State of Louisiana in General Assembly convened, That if any per-
™*y"''* son or persons shut up, by means of a fence or any other obstruction,
any street or public way, acknowledged as such, and of which the public
shall be in actual possession, in the city of New Orleans, either in the
city itself or in the incorporated or unincorporated faubourgs, the mayor
shall have the power, upon the fact being made known to him by the affida-
vit of any credible person, to cause the said fence or other obstruction, to
be removed at the expense of the person who shall have erected the same,
after having given written notice to said person, if he be known, to des-
troy or remove the same, within any reasonable delay he shall determine;
or if said person be not known, the said mayor shall cause the said fences
or other obstructions to be removed or sold, if said objects are saleable,
upon inserting a notice to that effect in English and French, in two of
the newspapers of New Orleans. — Acts 1830, p. 114.
For ''Opening, laying out and improving streets and public places,"
see acts 1832, p. 132.
See acts 1840, p. 51, sec. 7.
See acts 1850, p. 98 ; and p. 130, sec. 8; and p. 161, sec. 19.
See acts 1852, p. 131, sec. 7.
See acts 1847, p. 162 ; acts 1846, p. 138.
DECISIONS OF THE SUPBEME COURT.
1 . — The municipal authorities are bound to preserve unobstructed, for
public use, the streets of the city and the banks of the river, which are
public places ; and though they may tolerate, temporarily, works not
deemed injurious to the rights of the public, no permission of a council
can prevent a subsequent council from putting an end to such toleration.
—6 R. 349.
2. — A purchase of real estate by the corporation, with a view to
divide it into lots and streets, and to resell the property for the public
convenience, etc., is legal. — 2 R.^R. 491.
STREETS, SIDEWALKS, ATiLEYS, SQUARES, LEVEES, ETC. 293
3. — The council may order the removal of works and the demolition
of buildings that interrupt or impede the use of the public ways and the
banks of the river. — 4 M. 10, and p. 2, and 3 La. 563. And the power of
regulating the public ways and maintaining order thereon is in the
council. — 5 Ann. 34.
4. — The corporation have the power to impose a tax on the front
proprietors of ground within the city and incorporated faubourgs, for
the purpose of paving the streets and making the banquettes. — 1 La. 5.
5, — Owners of real estate cannot be compelled to pay any portion of the
cost of paving done in front of their property, unless such paving was
directed to be done by a special ordinance, after notice given to the
parties interested. — 8. R. R. 198.
6. — The corporation have no power to take the property of individuals
for the purpose of making a public street, without granting previous
compensation to those individuals. — 5 La. 422.
7. — The question as to the breadth of land, which a municipal corpo-
ration nas a right to require for the construction of a road and levee is,
within certain limits, an administrative question, to be left to the
discretion of the local authority. — 4 Ann. 73.
8. — The charge imposed by ordinance for paving side walks is not a
^ax, and institutions exempt from taxation will have to pay it. — 4 Ann. 1.
9, — Public streets and roads cannot be appropriated to private uses. —
3 M. 303.
10. — The right of soil in public roads is vested in the public, and such
a road cannot be considered as a mere servitude^ or right of way, due
by the proprietor of the adjoining lands, — 4. M. 136. But the principle
laid down in this case, is subject to some limitation. The property in
highways (grands chemins) is vested in the whole nation, but public
roads (chemins publics) may be made on land subject to private owner-
ship.— 3 Ann. 482.
11. — The use of the banks of the river and the batture outside of the
levee, is vested in the public ; but the ownership, or title to the soil,
is vested in the front proprietors, and they cannot deprive the public of
that right of use at their own pleasure, or impose any than legal limita-
tions on it.— 18 La. 122; 18 La. 178; 18 La. 295; 13 La. 331.
12. — No silence or length of time can deprive a corporation of its
power over public places. Its inaction may give an estate by sufferance,
but nothing more.— 4 Ann. 73; 4 M. 10.
13. — The space between the public road and the levee is private
property, to the exclusive use of which the owner is entitled ; and he
may use the part which extends from the levee to the river, subject to
the regulations of the municipal authority, provided he do not prevent
the use of it by others ; and he may confer upon a lessee the same
right.— 8 R. R. 211.
14 —The property of the banks of the rivers is in those who possess
the adjacent lands, and they have a right to prevent the unlawful use
of them by the agents of the public. — 4 Ann. 30.
294 STRKETS, SIDEWALKS, ALLEYS, SQUARES, LEVEES, ETC.
15. — Public places within the limits of a corporation cannot be
appropriated to private use, 2 Ann. 770, The sovereign alone has the
power of changing the destination of public places. — 3 Ann. 230.
16. — Within the limits of incorporated towns the municipal govern-
ments are authorized to regulate the use of the banks of rivers, and to
cause obstructions to be removed ; but they have no right to convert
the batture formed in' front of the property of individuals to private
purposes, such as wood yards, saw mills and the like. — 5 Ann. 36,
•17. — Squares, or other places of laud left vacant, on the plaa
of a city, are not in consequence of that fact alone, to be considered as
public places, and dedicated for the use of the whole world, unless the
plan contain something on its face to show such dedication, implying a
promise on the part of the owner that they should always remain" open. —
5 La. 132.— See 9 La. 153; 16 La. 509.
18. — The owner of property, who divests himself of a title by dedica-
tion to public use cannot recover it. — 16 La. 509.
19. — The commissioners, appointed undet the act of 1832, for opening
and widening streets, are made the sole judges of the cases in which
improvements are of so general a nature as to require a payment of a
portion of the expenses by the whole community. — 13 La. 325. An
assessment is the peculiar province of commissioners, and like the finding
of a jury, should not be disturbed except for manifest error. — 15 La.
597. The court can, in' no case, amend an assessment made by the
commissioners. The report must be approved or rejected m ^o^o; and
in case of rejection the court is bound either to appoint new commis-
sioners, or to refer the whole matter back to the same. — 4 R. R. 357;
4 Ann. 7.
20. — The proceedings may be discontinued on the payment of
costs, at any time before the final confirmation by the court of the
report of the assessors. No rights are acquired, or titles divested,
until the assessment have been approved by the court. — 4 Ann. 4 ;
6 Ann. 112; 11 R. R. 97; 12 R. R. 456.
21. — Where the city takes possession of a private lot for public use,
interest on the price will be due from the time of taking possession.—
2 Ann. 651.
22, — When a person pulls down the barricades, erected on the streets
of the ,city by a paving contractor, and thereby causes tlie pavement to
be injured before it is ready for public use, he is responsible to the con-
tractor for the damage he has caused. — 6 Ann. 569.
23. — The municipalities had the power to order side wnlks and gut-
ters, and the proprietors of property in front of which such improve-
ments were made, are liable for two-thirds of the costs of the improve-
ments. — 7. Ann. 25.
24. — The city ordinance imposing upon the proprietors one-third of the
expense of paving the street in front of his property, is constitutional. —
10 Ann. 59; 1 La. 1.
SURVEYOR. 295
25.— The municipality had authority to impose a portion* of the cost,
for the remc^ral of a dilapidated and insufficient pavement, and making
a new and sufficient^one in its stead, on the proprietor of property
fronting the street so improved. — 10 Ann. 57. (See Acts of 1856, sect.
120, page 291 of this book.)
2G. — In making the assessment under the act of 1832, (for opening
streets,) the only lots subject to assessment are those adjacent to, or
fronting that part of the street so improved. The owners to whose land
a new front is given or added, are alone subject to contribution to pay
for it.— 7 Ann. 76.
27. — Under the act x>f 1832, (for opening streets,) there must be
published in the newspaper a notice of the day on which the commis-
fiioners will present to the court their estimate and assessment for con-
firmation. A certificate of the clerk of the court is not evidence of such
publication. It must be proved under oath, as other facts are proved. —
8. Ann. 877.
28. — The assessment directed by the third section of act of 1832,
(for opening streets,) applies exclusively to the property to be
appropriated. The commissioners are not authorized to include in such
assessment their own fees and other expenses. — 10 Ann. 313.
29. — The banks of the river are public property, subject to be used by
the public at large. — 10 Ann. 171. And this "bank" is not necessarily
confind to the dtiinition of banks as given in Art. 448, of the Civil Code.
—10 Ann. 523.
30.— The act of 1832, for the operiag of streets is not unconstitutional
in cases where provision is made lor payment for the property, before
the expropriation i« effected.— 7 Ann. 76 ; but see 9 Ann. 446, below.
31. — There does not exist either in the legislature or in any of the
subdivisions of sovereignty, a power of apportioning taxation for public
purposes, whether of a general or local character, except on the prin-
ciple of equality and uniformity. The act of 1832, which directs that
the owners of all the lots adjacent to and fronting the part of the street
to be opened shall .be assessed for their respective portions of the
benefit derived from the improvement, and the act of 1847, which pro-
vides that the owners of all property which may be benefitted by opening
streets, shall be bound for the amount of their proportions of the benefit,
'are unconstitutional, such assessment being unequal and not uniform.^ —
Ann. 446; 10 Ann. 59.
For other decisions, see "New Orleans," page 165 ; <'IleYt;nue,"
page 252; and "Wharves."
SURVEYOR.
No. 840. (1.) The surveyor's department of the city of New His deputies.
Orleans shall consist of the surveyor, *of two deputies, of one
clerk, and of two chain carriers.
296 StJRVEYOIt.
Ilia office, bond, No. 841. • (2.) That the surveyor shall keep his office in the
city hall, in which all the plans, minutes and documeits of the
department, all the estimates, boundary, plcfts, surveys, linea-
tions and reports shall be deposited and carefully kept. They
.shall be considered the property of the city, and shall be at all
times accessible to the mayor and members of the common council.
The said surveyor shall take the oath required by section 17 of
the city charter, and shall give bond, with one or more securities
to the satisfaction of the common council, in the sum of $15,000,
conditioned for the faithful performance of the duties of his
office, and to secure the city against all claims, loss or injury
that may arise from his neglect, inability, or the unfaithful dis-
charge of his duties.
His duties. No. 842. (3.) That it shall be the duty of the surveyor to
furnish the common council with all the plans, estimates and
other information appertaining to his department, which the said
council may require ; to make all specifications relative to public
works to be let out by contract, when required so to do by the
common council ; to give the lineations of all the streets of the
city as well as the lineations and grades of the sidewalks, wharves,
levees, bridges, and stre'ets, in accordance with the ordinances of
the common council ; to superintend the repairing of the public
buildings belonging to the city ; to superintend the draining
as well as the cleaning of the draining canals and ditches; to
lodge information with the mayor, (a copy of which shall be
transmitted to the common council,) against any person, company,
corporation or institution who may build, construct, or increase
any building, wall or enclosure in front of any street or other
public way without having first applied to him, or his deputy,
to receive the lineation, or who shall make, or cause to be made,
any banquette or footway, the grades of which he shall not have
defined ; to cause to be transcribed daily, from the registry of
conveyances, all changes of ownership which may take place of
real property, other than slaves, into the books of plans which
shall be deposited in his office as soon as the same shall be com-
pleted; to see to the execution of the ordinances relative to
houses, buildings, walls, or any other object, which, from their
ruinous condition, or any other cause, might, by falling down,
interfere with the safety of the public way, or occasion accidents;
to superintend the construction of all public and private build-
ings, and whenever a btiilding in construction, or already con-
structed or repaired, shall be defective on the score of solidity,
StJRVEYOR. 297
or on account of some defect in the plan thereof, or of tlio walls
being too light, or upon any other account, said surveyor shall be
bound to report thereon immediately, in writing, to the mayor
and to the common council ; said surveyor shall perform all such
other duties as the common council may direct.
No. 843. .(4.) The duties of the deputy surveyor are hereby Duties of deputy
limited to the giving of the lines of lots and other properties
situated in front of the streets and public ways, whenever they
shall be required ; and to report to the mayor and surveyor all
persons, corporations, companies or institutions who shall not
conform to the same -, and he shall act as surveyor in case of
absence, sickness, or inability of the surveyor.
No. 844. (5.) That the salary of the surveyor be, and is Salary of sur»
hereby fixed at three thousand dollars per annum.
No. 845. (6 ) That the compensation to the deputy surveyor sninry of de-
shall consist of the sum of two cents per running foot, which he ^^ ^^^'
is authorized to receive of all persons who shall employ him to
give the lineations of their lots. He shall take the oaths re-
quired by section 17 of the city charter, and shall furnish their
bond with good and sufficient security, to the satisfaction of the
common council, in the sum of five thousand dollars, each to
guarantee the faithful performance^ of his duties.
No. 846. (7.) That the salary of tie clerk of the surveyor salary of dork,
be, and is hereby fixed at twelve hundred dollars per annum.
No. 847. (8.) That the salaries of the chain carriers be, Salary oi chaio
and they are hereby fixed, at three hundred dollars per annum.
No. 848. (9.) That the clerk and chain carriers shall be cierk nnd chaia
under the immediate control of the surveyor, and shall perform ^^"^^^
Buch duties as may be prescribed to them by him.
No. 849. (10.) That the surveyor's office shall be kept open office hours,
every day for the public, (Sundays and holidays excepted,) from
9 o'clock, A. M., till 3 p. M., and from 4 o'clock, P. M., to 6
o'clock, p. M.
No. 850. (11.) That all ordinances or parts of ordinances, Eepeaiing clause,
contrary to the provisions of the present ordinance, be and are
hereby repealed.
City Ordinance, No. 2957. Approved August 4, 1856.
No. 851. That the surveyor be, and he is hereby, required msreporu-
to report to the common council at its regular meetings, the work
or works in progress under the control of his department, other
than contracts. The number of men, also of superintendents or
88
298
SURVEYOR.
His reports.
His reports.
His book of
record, etc.
To purchase toa-
texiale.
Monthly state-
ments.
Surveyor's la-
borers.
overseers, the wages paid to each per montli or day, as they are
employed.
City Ordinance, No. 133.
No. 852. That the city surveyor be, and is hereby required,
as often as twice in each month, to report to the common council
the number and description of mechanics, laborers, horses and
carts, superintendents and overseers employed, and under the
direction of his department, in each District of this city. The
compensation paid per day or month, the work or works on which
employed, and also furnish information to this Council which
will enable it to understand fully the duties and requirements of
all men thus employed, and judge of the propriety and necessity
of their employment.
City Ordinance, No. 136.
No. 853. It shall be the duty of the surveyor to report to
the council the non-fulfillment of all contracts in which the city
may be interested.
City Ordinance, No. 455.
No. 854. That the surveyor and street commissioner be, and
they are hereby required to keep a book of record in their de-
partments, in which shall be daily recorded by their superintend-
ents or overseers, the number of laborers, carts, etc., employed
in their departments, designating separately, the several kinds of
work on which they may be engaged.
City Ordinance, No. 1387.
No. 855. (1.) That the surveyor and street commissioner be,
and they are hereby authorized to purchase such materials as may
be required by them, in order to carry on the public improve-
ments in their respective departments not under contract.
No. 856. (2.) That said officers shall make a monthly state-
ment to the council of all the materials purchased by them, des-
ignating the purposes for which said materials were bought.
City Ordinance, No. 1531.
No. 857. From and after the passage of this resolution, the
pay of all laborers employed on the public works in charge of
the surveyor or street commissioner, shall be at the rate of thirty-
five dollars per month for each laborer.
City Ordinance, No. 724.
Nos. 858, 859, 860, and 861, repealed.
For his dfttv relative to preventing accidents at places of amusement, see Nos.
61 and 90.
Duty as to buildings, numbering of houses, etc., see page 27.
Duty a.<» to cetneteriei', se« No. 132.
Duty as to quicklime, see No. 620.
Duty as to certain bridges, see No. 927,
SITEVEYOR. 299
ACTS OF THE LEGISLATUKE.
For his election, see acts 1856, p. 141, sec. 24, (placed under " Offi-
cers," p. 189.)
Sec. 33. That the surveyor shall furnish the common council with al^ I>utie8 of sur-
plans, estimates, and other information appertaining to his department,
which the said council may require. He shall superintend the public
works, and report, after the completion of the same, the manner in which
said works have been executed ; and shall perform such other duties as
the common council may direct. He shall receive a salary of $3,000 Salary of sur-
per year.— Acts of 1856, p. 146. '^*y°''-
»
Sec. 113. That the common council of the city of New Orleans shall Corotnon counrll
emp'oy one or more persons to make : 1st. A general plan of said city, j^" '^^^^^ *of'"the
givino; the direction of all the streets within the same, together with city to be made,
their angles ; also, the precise dimensions of each and every square book of plans,
calculated in degrees, minutes and seconds. 2nd. A book of plans,
which shall minutely describe every tract, square and lot of ground
within the incorporated limits of said city ; together with a proper gen-
eral index to the same.
Sec. 114. That after said book of plans shall have been completed, Surreynr to
it shall be the duty of the surveyor of said city to cause to be trans- l^ri'p^ ©f change
cribed daily, from the registry of conveyances in said city, ioto said ^^ ownership, of
'=> '' •' •" re»l estate, to be
book, all changes of ownership which may take place, of real property made.
other than slaves, situate in said city; together with all divisions and
subdivisions of said real property, either by private or judicial sale, or
otherwise.
Sec. 115. That each and every person owning a tract, square or lot Plans of sub-
of ground, situate in the city of New Orleans, and who shall divide or depopited with
subdivide the same, for the purpose of making sale of the whole, or of surveyor,
any part thereof, shall, before making said sale, deposite in the office of
the surveyor of said city, a true plan of said division or subdivision ; Penalty for fail-
and each and every person who shall fail or neglect so to do, shall, for wi^tt^h^^Jction
each said failure or neglect, forfeit and pay the sura of $100 to said city,
to be recovered before any court of competent jurisdiction.
Sec. 116. That after said general plan, and said book of plans of General riana-'d
the city of New Orleans, shall have been completed by the persons be^ubjeSTo'thS
employed to make the same, said general plan and books of plans shall iuspe'tion of as-
,, . , , , . . , „ , se>if!or8 and su*
be at all times subject to the inspection and use of the assessors and pervisors.
supervisors of assessments of said city. — Acts of 1856, p. 161.
See acts 1856, p. 166, sec. 125, (under *' officers," p. 189.)
See acts 1855, p. 284.
For surveyor general and parish surveyors, see acts 1855, p. 456.
decision op supreme court.
In ascertaining the true boundaries, if not admitted, the surveyor
must have recourse to«the titles. — 2 Ann. 628.
800 TOBACCO — ^INSPECTION 01*.
TANNERIES.— See page 89.
TAXES.— See ^^ Revenue," page 239.
' THEATRE.— See "Balls," etc., page 15.
TOBACCO— INSPECTION OF.
ACTS OF THE LEGISLATURE.
An Act Relative to the Inspection of Tobacco.
Sbction 1. Be it enacted hy the Senate and House of Representatives
Ten tobacco In- of the State of Louisiana in General Assembly convened^ That there shall
poiuted!*° ^^^'^' ^® appointed by the Governor of the State, by and with the advice and
consent of the Senate, ten inspectors of tobacco for the city of New
Orleans, to be denominated the " New Orleans Board of Tobacco Inspec-
tors."
Term of office. Sec. 2. That they shall be appointed for the term of four years, shall
Oath, take an oath faithfully to discharge the duties of the office, as prescribed
Uond and eecu- by law, and shall give bond to the State for the sum of ten thousand
^ ^^' do.lars, (with two sureties for five thousand dollars, each good for the
amount, to be approved by the treasurer of the State,) for the faithful
performance of their duties while in office , and each person offering
himstlf as security shall take an oath before some competent magistrate
that he is worth what he is surety for, and said surety sliall be liable
on said bond, not only to the State, but to all persons who shall have
suflfered damage by the wrongful act, neglect or inattention of the in-
spectors.
B'^ftrd of inspec* Skc. 3. That it shall be their duty to organise themselves as aboard,
^'* appointing one of their own number as president of the board and
another, secretary. Seven members shall constitute a quorum. The
board of inspectors shall have a common seal. In the absence of the
pre.-i'Jent or secretary, the board ^hall name a president or secretary
pro tempore. The president and secretary shall be chosen yearly, and
allowed each two hundred dollars per annum for their services.
Duty of the Sec 4. That it shall be the duty of the president to call meetings
Lcreurv"! *^"^ °^ ^'^® board , and preside over their deliberations. It shall be the duty
of the secretary to record their proceedings, and in such manner as to
show the vote of each member upon questions submitted to the board.
illlpontniptPBub- Sec. 5. That all contracts of the bo-\rd shall be submitted to them,
board* ^°^^^ and shall be approved of by a majority of the whole number of in-
spectors.
Pules and by. Sbc. 6. That they shall have authority to make rules and by-laws
^'*^^^' for the regulation of the members in the discharge^of their duties, which
TOBACCO— INSPECTION OP. 301
by-laws shall not be inoonsistant with the laws and constitution of this
Slate and of the United States.
Skc. 7. That it shall be the duty of the board to provide suitable Warehouses to
/. . XT- 1 J. A. i ^® provided for
warehouses in the city for the storage of tobacco at the lowest rates at by tha board.
which they can be obtained, two of which shall be located in the fourth
district ; which warehouses shall be fire-proof, and floored with plank
two inches thick, and provided with a sufficient number of presses, and
shall be located at such point as will be most convenint for the recep-
tion of tobacco, and for the convenience and interest of those engaged
in the tobacco trade.
Sec. 8. That when the tobacco is brought to the warehouse, it shall Tobacco by whom
be received by the inspector or in-pectors alloted to said warehouse or
their clerk, who shall immediately mark with ink the warehouse num-
bers, commencing with ot>e and running to the end of the year, on each
end of the cask ; when called on by the owner or agent to inspect a lot
of tobacco, they shall cause the hogshead or cask to be placed at a con-
veniefit distance from the press and under the eye of the inspector, or
their clerk to cause one head of the cask to be taken out ; the cask must
then be headed upon the open end, and the whole cask be taken from the
tobacco and weighed. The weight of the cask being the tare, shall be
marked on it with a mai^king iron. The inspector shall then have the to-
bacco broken in four diflferent places, from each of which he sftall draw
four hands or bundles of tobacco, which shall be tied up neatly and com-
pactly, the bundle from the top breaks forming the first layer of the
sample. The inspector shall be careful that the sample shall be a fair
repi-esentation of the quality of the whole hogshead of tobacco, as near
as he can make it. The tnpe or twine used in tying up the sample shall
pass through the hands of tobacco, and a seal of wax shall be put on
each sample. One end of the sample card which expresses the qual-
ity of the tobacco, the warehouse number, inspection number, and
initials of the inspectors' names who have inspected it shall be put un-
der the seal of wax. When a hogshead or cask of tobacco is damaged,
if practicable, the damaged portion shall be cut off" and held at the dis-
posal of the owner or agent. The quantity so trimmed shall also be
expressed on the sample card with ink. If the damage be to such an
extent that it cannot be trimmed oft', the inspectors shall refuse to class-
■ ify the hogshead. They shall give a sample of it, expressing the prob-
able extent of the damage, but without inspection seal. If upon the
inspection of a hogshead of tobacco, it be apparent that it is falsly or
fraudulently packed, said hogseead shall be marked "con lemned," and •
the inspectors shall refuse to give a sample of it. It shall then be at
the disposal of the owner or agents subject to the same charges as if it
had been inspected. If the cask or hogshead shall prove to be of green
,or unsound timber, the inspectors shall provide a suitable cask at the
expense of the owner or agent.
Sec. 9. That there shall be two classes of tobacco, to wit : admitted ciasFificatlon of
and refused. The inspectors shall class as admitted all tobacco they ^^^ tobacco,
may find to be sound, well cured and in good keeping condition ; and
802 TOBACCO — ^INSPECTION OF.
they sball class as refused all such tobacco as they may find to be soft,
high in case, or otherwise unsound.
R«in»pection Sec. 10. That when the inspectors are called upon to reinspect a lot
of tobacco, they shall make a copy of the original sample card, and
shall write on it with ink in plain letters "reinspected," and shall give
the date of the same.
Duty to be per- Skc. 11. That when the inspection of one or more hogsheads of to-
inspeaion!'^ ^ bacco is finished, the laborers of the warehouse, under the eye of an
inspector or their clerk, shall have the cask returned to the tobacco, and
the loose tobacco shall also be returned, and should it be impossible to
put it all in, it shall be held subje3t to the order of the owner. After it
is placed under the press, it shall be coopered up, in good condition for
shipping, each cask having six hoops. The cask shall then be weighed
by an inspector or their clerk, and the gross weight marked in ink over
the t;u*e weight. The gross weight, tha tare, and the warehouse num-
ber shall also be marked with marking irons, by cutting with the same
on the bilge of the hogshead or cask, and the cask then stored away.
Book of Inspec- Sec. 12. That the particulars of each day's inspection shall be re-
*^°"* corded in a book to be kept in each warehouse for that purpose, in which
shall be noted all the marks and numbers on the cask when received,
the gross weight, tare, warehouse number, inspection number, by whom
inspected, and for whose account.
Certificate of in- Sec. 13. That the samples and a certificate corresponding with the
epection. record of inspection, shall then be issued to the owner or agent, and
shall be a receipt for the tobacco. The certificate shall be transferable
by endorsement or otherwise, which shall be evidence of its delivery.
When the legal holder of the certificat3 shall call for the delivery of the
tobacco, it shall be the duty of the inspectors to have the hogshead
promptly delivered at some opening of the warehouse which is accessi-
ble by a paved street.
Temporary rp ^^^' ^^' That on receiving tobacco in the warehouse, the clerk of the
ceipts to begivcn inspectors shall give temporary receipts to the owner or agents, ac-
by the iiinpnctors , , , . , . . „ . . , ,
or their clerks, knowledging the receipt thereof, which they may require to be surren-
dered upon the issuance of their certificate of inspection. The inspectors
shall be liable for all tobacco stored with them, and shall be responsible
to all persons interested in the same, for the correctness of their sample
and weights. The inspectors shall have recourse upon the particular in-
spector or inspectors whose neglect or wrongful act has caused the dam-
age.
Inwpfictors pro- Sec. 15. That the inspectors themselves, and the persons employed by
de'iln^l^^or^trad. *^^°*» ^^^ prohibited from dealing or trading in tobacco, either in their
ingiu tobacco, own names or in the names of others, in any manner whatever, or from
being connected with or having any interest in the business of other
persons dealing in tobacco, or from putting up loose tobacco in bales,
or hogshe.'ids, or from being interested in any manner in the warehouse
rented by them for the storage of tobacco; or from owning or being in-
terested in any of the laborers or coopers empl(»yed in the warehouse,
or from having any interest in the drayage of tobacco to and from the
TOBACCO — INSPECTION OP.
warehouses; and upon conviction of the violation of any of the above
prohibitions, the inspector, or other person so oflFending, shall he deprived
of his oflSce, and shall be subjected to a fine of not less than five hundred
nor m«re than two thousand dollars; and any inspector, upon conviction
of making wilfully a false or fraudulent inspection, or accepting a bribe
in relation to the discharge of the duties of his office, shall be deprived
of his office, and shall suffer imprisonment in the penitentiary not less
than three months nor more than two years.
Seo. 16. That all tobacco shall be inspected by two inspectors in the Number of in-
„ , , , . ... , ppectors required
presence of each other; and in case of disagreement oetween them, a to inspect lo-
third inspector shall be called in, who shall decide upon its quality. ba<^co.
SEt5. 17. That the inspector shall not inspect tobacco at mv other Tn,«reetorfl not to
,, , ., , , , . , ,. ' . inspect out of
warehouse than those provided as contemplated by the preceding section, iij^ir wiirehoucas
Sec. 18. That the fees for receiving, weighing, inspecting, storing Fees for receiving
for two months, coopering, and all other duties imposed by law upon the ^'g'ftingietc.'
inspectors, shall not exceed two dollars and fifty cents per hogshead,
one-half of which shall be paid by the purchaser to the seller. For
re-inspecting, re-weighing and coopering, the charge shall be seventy-
five cents for each hog.shead. On tobacco remaining in store more than Extra storage,
two months from date of receipt, they shall charge extra storage at the
rate of twenty-five cents per month. Oa tobacco stored on which' there
is no inspection, fifty cents per month. The owner or agent storing
the tobacco shall be bound for the fees, and there shall be a privilege
upon the tobacco for them.
Sec. 19. That the board of inspectors shall be allowed to employ clerks to be em'
two clerks for each warehouse to hold their places at the pleasure of £oard!^^^ ^
the board ; the first to receive out of the funds hereinafter provided, a
salary not to exceed one thousand dollars per annum, the other not to
exceed six hundred dollars. The board shall also be allowed to employ
a sufficient number of laborers and coopers for each warehouse.
Seo. 20. That should any vacancy occur in the board of inspectors, Vacnncies how
by death, resignation, deprivation of office, or from any other cause, it *
shall be the duty of the Governor to appoint a competent successor,
Bubject to the ratification of the senate, as other civil appointments made
by the Governor ; and the inspector so appointed shall in all respects
conform to the requirements of law. All appointments under this section
shall be for the unexpired term of four years.
Sec. 21. That the Governor, by and with the advice and consent of Treasurer of the
the senate, shall appoint a competent person, a citizen of the State of appointed.
Louisiana, to act as treasurer to* the said board of inspectors. The salary
of the treasurer shall be two thousand five hundred dollars per annum.
The treasurer shall take an oath faithfully to discharge the duties of his Oafh and bond of
office, and shall give bond, with two good securities, in the sum of ten ^ ** ««as«ier-
thousand dollars each, for the faithful performance of the duties of his
office, said bond to be approved by the secretary of State, and each
security to make oath that he is worth, over and above all his debts,
the amount for which he is security. In case of a vacancy in said office
'the Governor shad supply the place as soon as practicable, in the same
manner pointed out for the appointment of inspectors in case of vacancy.
304 TOBACCO— INSPECTION OP.
Duties of the Sec. 22. That it shall be the duty of the treasurer to keep the books
and accounts of all moneys received and disbursed, and collect all fees
and provide for the safe keeping of them ; to pay all expenses incurred,
all bills of which to be approved by the board of inspectors. He*8hall,
at the end of each month, pay to each inspector (all other demands upon
the treasury being satisfied.) equal portions of any moneys in his hands ;
provided that these payments do not exceed, to each inspector, a salary
of^four thousand dollars per annum at the close of each year, commencing
on the first day of November. Should there be any balance in his hands
after paying the various clerks, laborers, rents of warehouses, and all
the expenses of the inspection, it shall be appropriated as follows, the
surplus funds remaining in the hands of the treasurer of the tobacco
inspector shall at the end of each year, be deposited by him in the hands
of the treasurer of the State, to be held by him as a reserved fund for
the benefit of the tobacco trade of this city, at the discretion of the
legislature of this State ; and said fund may be from time to time vested
in the purchase of ground and the erection of buildings thereon for the .
storage of tobacco, the object being thereby to reduce the charges on
tobacco brought to this market for sale, the State not to derive revenue
from the receipts of such property, the legislature having the power, at
their discretion, to dispose of property so purchased, and buildings, and
reinvesting, for the same purposes, the amount received, whenever it
shall be desirable by the increase of the city and the advanced value of
Buch property. He shall furnish to the State treasurer monthly abstracts
of all moneys received and disbursed by him, which shall be approved
by the board of inspectors. The treasurer shall be prohibited from being
interested in any manner in the warehouses, as before provided. For
any wilful violation of the duties of his office, he may be proceeded
against by information or indictment, and on convinction shall be
deprived of his office and fined not less than five hundred nor more than
two thousand dollars. For any corrupt or fraudulent conduct in the dis-
charge of the said office, or for any defalcation in the pnyment of the funds
intrusted to the said treasurer, upon conviction, he shall be imprisoned
in the penitentiary not less than three months nor more than five years.
But nothing herein shall be so cor.strued as to exempt the treasurer
from liability in civil suits for damages or loss any party may have
sustained by his neglect or wrongful act.
Books kept by the Seo. 23. That the books required ^ be kept by the treasurer, the
board and treas- jj^gard of inspectors, and the clerks of the warehouses shall at all times
urer open for in. r ^
epection. be accessible for examination by the executive officer of this State, and
all persons interested, and all the entries shall be evidence agains£ the
inspectors and the officers keeping them, in civil and criminal cases.
No charge upon Sec. 24. That nothing herein shall be so construed as to authorize
*^®.^f(^r*'ji,V*^"^f any charge upon the treassury of the State for any of the salaries or
the fees and snla- expenses, the fees of inspection being the fund out of which they are to
rl-'o bf-rein men- , . ,
tioned. be paid.
Deputy inspec- Sec. 25. That in case either of the inspectors shall be unable to
^^"' attend to his duties on account of sickness, he may nominate a deputy
to the board, who, if accepted by the majority of said board, shall do
TREASURER.
305
and perform, for a term not longer than forty-five days, the dtities of %
said principal inspector, he being responsible for all the acts of said
deputy. *
Sec. 26. That all laws contrary to the provisions of this act, and all Certain laws re-
laws on the same subject-matter, except what is contained in the Civil
Code and Code of Practice, be repealed. Acts of 1855, p. 458.
TREASURER.
An Ordinance regulating the Treasurer's Department.
No. 862. (1.) The treasurer shall receive and safely keep in Moneys, bills re»
such bank as the common council shall elect, all moneys, bills
receivable, dues and assets belonging to the city, except all
moneys received by him from the consolidated loan tax, and taxes
for the payment of interest on bonds issued to railroad compa-
nies in which the city is a stockholder.
No. 863. (2.) He shall deposit daily, in said bank, all To deposit daily;
moneys, bills receivable, dues and assets belonging to the city, re-
ceived by him, except as before excepted.
No. 864. (3.) He shall pay on the warrant of the comptroller, AVhentopay
and by checks drawn to order, countersigned by the said comptrol- '
ler, or in the case of said comptroller's sickness or absence, counter-
signed by his deputy, all claims against the city, which the com-
mon council may authorize; and in no case shall he pay any
claims whatever against the city, except in the manner herein
set forth.
No. 865. (4.) He shall keep a check book, in which the Check book.
daily deposits of money made by him shall fully appear; and
he shall each day, deduct therefrom the amount of the checks
drawn by him, so that the balance in bank in favor of the city,
shall at all times appear upon the margin of said check book.
No. 866. (5.) He shall take a receipt from each person in Receipts,
whose favor he draws a check upon the money of the city, de-
posited as above set forth ; which receipt shall fully and clearly
state the consideration for which the check receipted for was
given.
No. 867. (6.) He shall balance his check-book, bank-book, Books to be
cash-book, and accounts with the comptroller weekly. balanced, e
No. 868. (7.) He shall cancel each week, and in the pres- To cancel claims,
ence of the chairman of the finance committees of the common
39
306 TREASURER.
council,* all warrants and evidences of claims against tlie city
which shall have been paid by him.
His books, etc. No. 869. (8.) He shall keep the books prescribed, and in the
form prescribed by the comptroller and the chairman of the
finance committees of the common council ; and all books kept
by him, including his check-book, bank-book, cash-book, and all
returned checks and warrants, and evidences of claims against
the city paid by him, and all receipts taken by him, shall be at
all times subject to the inspection of the mayor, the comptroller,
and the chairmen and members of the finance committees of the
common council.
His reports. No. 870. (9.) He shall furnish the comptroller with a daily
report, in writing, of the receipts and expenditures, and all the
fiscal transactions of his office; and shall lay before each board
of the common council, at their regular weekly meetings, a de-
tailed report of the same.
Money for con- • No. 871. (10.) He shall deposit daily in the bank chosen
tax. etc. by the common council as the fiscal agent of the city, all moneys
received by him on account of the consolidated loan tax, taxes
for the payment of interest on bonds issued to railroad compa-
nies, and dividends received from railroad companies in which
the city is a stockholder. The sums thus deposited by him shall
be entered in separate bank-books, each designating the specific
fund for which such deposite is made. And he shall state said
collections and deposits in his daily reports to the comptroller,
and in his weekly reports to the common council.
His signature. '1 No. 872. (H.) In all cases where his signature is required to
any account, warrant, order, check, receipt, license, bond, tax
receipt, or any other document or paper, he shall sign the same
in his own proper handv^riting ; and in no case shall he use a
stamp, or types, or any engraved instrument for that purpose.
Notice to tax No. 873. (12.) He shall every year, by notice given in the
payers. official journal of the city for fifteen days prior to the first day of
March in each year, notify the tax payers to appear at his office
and pay the amount of their taxes.
Unpaid bills for No. 874. (13.) He shall on the second Monday in May in
each year, put in suit in any court or courts of competent juris-
diction, all unpaid bills for taxes levied upon property assessed in
the several districts in this city.
Bills to assistant No. 875. (14.) He shall hand over to the assistant city at-
ci y a torney. ^Qj-jjey^ all bills for fines, penalties, dues or licenses designated
and intended by sections 103, 104, 105 and 108, of the city
TREASURER. 307
charter, (approved 20tli March, 1856,) whenever the same shall
accrue or be exigible by the provisions of said charter. And he
shall take said attorney's receipt therefor.
No. 876. (15.) He shall deposit in bank, and account for all Certain deposits.
moneys paid into the city treasury, as the proceeds of any sale or
sales of property made by virtue of section 111 of the city char-
ter, over and above the taxes due thereon, with costs, in the same
manner as he is required to deposit and account for the ordinary
revenues of the city.
No. 877. (16.) He shall perform all such other duties as other duties,
may be imposed upon him by the common council.
No. 878. (17.) He shall, before entering upon the duties of oath and bond,
his office, take the oath required by the city charter, and shall
furnish bond for the faithful performance of the duties of his
office, in the sum of fifty thousand dollars, with one or more sol-
vent sureties to the satisfaction of the common council.
No. 879. (18.) He shall receive a salary of five thousand His salary,
dollars per annum for his services.
No. 880. (19.) He shall appoint by and with the advice and Clerks, etc.
consent of the board of aldermen, the following clerks, for whose
acts he shall be responsible to the city, viz :
One assistant treasurer, who shall give abend to -said treasurer,
for his faithful performance of his duties, in the sum of ten
thousand dollars with good and solvent surety or sureties to the
satisfaction of said treasurer. • Said assistant treasurer shall re-
ceive an annual salary of two thousand four hundred dollars.
2. One bookkeeper, who shall receive a salary of fifteen hun-
dred dollars per annum.
3. Two clerks for the issue of licenses, etc., who shall each
receive an annual salary of twelve hundred dollars.
4. One assistant clerk who shall receive an annual salary of
nine hundred dollars.
5. One clSrk, as runner, etc., who shall receive an annual
salary of four hundred and eighty dollars.
No. 881. (20.) During the period for the collection of tax Additional clerks
bills of each year, he may appoint, with the approval of the
finance committee, such additional clerks, and for such a length
of time, as may be required for said purpose, at a salary each
not exceeding seventy-five dollars per month, and to be paid as is
provided for in the case of the other clerks of the treasurer; and
said treasurer shall be held responsible for the acts of said addi-
tional clerks.
§08 TREASURER.
Repealing clause. No. 882. (21.) That all ordinances or parts of ordinances,
contrary to the provisions of this ordinance be, and the same are
hereby repealed. *
City Ordinance, No. .3106. Approved Nov. 24th, 1856. »
To receive only No. 883. It shall not be lawful for any treasurer of the city
money, etc, « xt /^ i • • o t i > <»
of New Orleans to receive in payment of any tax due the city of
New Orleans, for the payment of the interest on the consolidated
debt, or the interest on the bonds issued to any railroad company
by the city, anything except money. That a printed copy of this
resolution be hung in a conspicuous place in the office of the city
treasurer.
City Ordinance, No. 2645.
To make daily No. 884. That it sball be the duty of tbe city treasurer to
eposats, e c. deposit daily, in the bank chosen by the common council as the
fiscal agent of the city, all moneys received by him on account of
the consolidated loan tax, taxes for the payment of interest on
bonds issued to railroad companies, and dividends received from
railroad companies, in which the city is a stockholder. He shall
also deposite in the same bank, as soon as said fiscal sgent shall
have been appointed, all monies which he may have collected
from sources herein enumerated, before the appointment of said
fiscal agent: and the sums thus deposited by him shall be en-
tered in separate bank books, each designating the special fund
for which such deposite is made ; and he shall state said collec-
tions and deposits in his daily reports to the comptroller, and in
his weekly reports to the common council.
City Ordinance, No. 2141, Art. 2.
See "Fiscal Agent," page 107.
His -weekly No. 885. That from and after the passage of this resolution
repor s. .^ ^^^^ ^^ ^^ ^^^^ ^^ ^^^ ^.^^ treasurer, in making up his week-
ly statements to the common council of the receipts and expen-
ditures of the city, to state in said reports where the balance of
cash on hand as shown therein, is deposited. Be it further
Resolvedy that said report shall also exhibit a statement of the
amount of bills receiveable on hand belonging to the city and
where the same are deposited.
City Ordinance, No. 2633.
Chocks, how to No. 886. (1.) From and after the passage of this resolution
e drawn. .^ ^^^^^ ^^ ^^^ ^^^^ ^^ ^^^ treasurer of the city of New Orleans, in
drawing checks as treasurer of said city, to draw the same paya-
ble to the order of the comptroller of the city, which check shall
TREASURER.
309
also be countersigned by the comptroller and registered by him
in a book especially set apart for that purpose.
No.* 887. (2.) The comptroller of the city of New Orleans, check report,
shall render weekly to the common council a detailed statement;
showing for what purposes said checks were drawn.
City Ordinance, No. 2634.
No. 888. That the comptroller and treasurer be, and they are Acting treasurer,
hereby authorised to appoint their chief clerks as deputies to
represent them in cases of sickness or absence, provided that said
deputies furnish bond and security in the sum of five thousand
dollars for the faithful performance of their duties.
City Ordinance, No. 190.
For Comptroller's duties relative to the Treasury, see page 56.
His duties relative to Fiscal Agent, see No. 332.
Relative to Taxes, see No. 743.
ACTS OF THE LEGISLATURE.
Sec. 31. That the treasurer shall receive and safely keep, in such Duties and pow-
bank as the common council shall, in joint session, and within one week ®^^ °^ treasurer,
after its organization, elect, viva voce, all moneys, bills receivable, dues
and assetts belonging to the corporation; except all moneys received by -
him from the consolidated loan tax, taxes for the payment of interest on
bonds issued to railroad companies in which the city is a stockholder.
He shall deposit daily, in said bank, all moneys, bills receiveable, dues
and asseUs, belonging to the corporation received by him, except as be-
fore excepted. He shall pay on the warrant of the comptroller, and by
checks drawn to order, countersigned by said comptroller, or, in case
of said comptroller's absence or sickness, countersigned by said comp-
troller's deputy; all claims against the city which the common council
may authorise ; and in no case shall the treasurer pay any claim what-
ever against the city, except in the manner set forth. He shall keep a
check book in which the daily deposites of money made by him shall
fully appear ; and he shall, each day, deduct therefrom the amount of
the checks drawn by him, so that the balance in bank in favor of the
city, shall at all times appear upon the margin of said check book. The
treasurer shalPlake a receipt from each person in whose favor he draws
a check upon the money of the city, deposited as above set forth; which
receipt shall fully and clearly state the consideration for which the
check receipted for was given. The treasurer shall balance his check
book, bank book, cash book, and accounts with the comptroller, week-
ly ; and he shall cancel, each week, and in the presence of the chairman
of the finance committees of the common council, all warrants and evi-
dences of claims against the city, which shall have been paid by him.
He shall keep the books prescribed, and in the form prescribed, by
the comptroller and chairman of the finance committees of the common
council ; and all books kept by him, including his check book, bank
310 TREES.
book, cash book, and all returned checks, and warrants, and evidences
of claims against the city paid by him, and all receipts taken by him,
shall be at all times subject to the inspection of the comptroller and
chairman of the finance committees of the common council. He shall
furnish the comptroller with a daily report, in writing, of the receipts
and expenditures, and all the fiscal transactions of his of&ce ; and shall
lay before the common council, at their regular meetings, a detailed re-
port of the same, which shall be published. He shall deposit daily in
the bank chosen by the common council, as the fiscal agent of the city,
all moneys received by him on account of the consolidated loan tax,
taxes for the payment of interest on bonds issued to railroad companies,
and dividends received from railroad companies, in which the city is a
stockholder ; and the sums thus deposited by him shall be entered in
separate bank books, each designating the specific fund for which suah
deposit is made ; and he shall state said collections and deposits in his
daily reports to the comptroller, and in his weekly reports to the com-
mon council. And generally, he shall perform all such other duties as
may be imposed on him by said common council. He shall, before en-
Bond and eecu- tering on the duties of his office, give bond, in such sum, and with
ed^by treasurer! such securities as shall be approved by the common council, for the faith-
Salary of tretts- ful performance of his duties ; and shall receive for his services an an-
nual salary of five thousand dollars. — Acts of 1856, p. 145.
For his election see acts of 1856, page 141, sect. 24 ; placed under
"Officers," page 189.
Acts 1856, page 159, sect. 106, placed under "Revenue," page 250.
For suits for Taxe& and Licenses, see acts of 1856, page 159, sect. 107,
placed under title of "Revenue," page 251.
See acts 1855, page 231.
urer.
TREES.
An Ordinance relative to Trees.
Trees may be No. 889. (1.) Shade trees may be planted on the side-walks
p an , e . provided they do not impede the passage, and ar#planted on a
line with the street on which they are placed, and two feet from
the outer street edge of the curbing, to be protected while small
and liable to injury, by boxes one foot square, painted or white-
washed. .But this privilege may be withdrawn by the common
council whenever such treqs may injure or encumber the side-
walk, or street, or impede the public passage.
Persona damag- No. 890. (2.) All persons cutting, breaking, or damaging in
mg em. ^^^ manner whatever, any tree or trees, planted in any square,
walk, street, or other public place, or any trees planted by any
VEHICLES. 311
private person on any banquette or side-walk, shall be fined not
less than ten nor more than fifty dollars.
No.. 891. (3.) All ordinances or parts of ordinances con- Repealing clause,
flicting with the provisions of this ordinance are hereby repealed.
City Ordinance, No. 3170. Approved, Dec. 23d, 1856.
VEHICLES.
In conformity to the twentieth section of an act of the legis-
lature of this State, entitled ^^An act to amend an act entitled
* An act to incorporate the city of New Orleans, ' approved
February the 17th, 1805, and other acts amending the same,
approved March 8, 1836,'' by which section, among others, the
following power is vested in the common council, viz :
To enact all police regulations of a general nature, the opera-
tions of which shall be uniform in all parts of the city ; and by
virtue of other powers, by law vested in them, the common
council of the city of New Orleans ordain as follows, viz :
No. 892. (1.) That no person shall run, or cause to be run. Not to run Tvith-
within the limits of the city, any coach, gig, buggy, hack, hack- ^"
ney coach, cab, cart, dray, tumbril, timber carriage, and other
carriage or vehicle, let for hire, for the transportation of persons,
produce, effects, merchandise, and other objects generally, what-
ever, without first obtaining a license therefor from the mayor of
the city, for each of the above carriages and vehicles, under the
penalty of not less than ten, nor more than one hundred dollars
for each and every contravention of the provisions hereof.
No. 893. (2.) The mayor shall cause to be inserted in a The mayor's list,
book, which he shall keep for that purpose in his office, the
names and christian names of each proprietor of carriages and
vehicles above designated ; the place of his or her residence ;
the number of each license which shall be delivered, and the
designation of each species of carriage or vehicle for which such
license shall be delivered.
No. 894. (3.) The term of each of said licenses shall expire License when to
on the 31st day of December of each and every year, and must ^^^"^'
afterwards be renewed on or before the 1st of February of each
year ; and any and all persons failing so to renew their license as'
aforesaid, are hereby prohibited from running or causing any
such carriage or vehicle to be run as aforesaid, until they shall
31^
VEStdLtJg.
Tax first to
paid.
he
Paid yearly in
advance.
Responsibility
for others.
Numbers to be
painted, etc.
Penalty for neg-
lect, etc.
have renewed tlieir said license, as is by the present ordinance
required, under the penalty of a fine of ten dollars for each and
every time he, she or they shall run, or cause to be run, any ve-
hicle or carriage as aforesaid.
No. 895. (4.) No license shall be granted by the mayor,
unless the party applying for the same shall first produce a re-
ceipt or certificate from the treasurer, stating what tax or dues
have been paid.
No. 896. (5.) All taxes now imposed, or which may be
hereafter imposed on any dray, coach, hack, cab, gig, buggy,
wagon, cart, and other carriage or vehicle, shall be paid yearly
in advance to the proper ofiicers.
No. 897. (6.) Every person who shall take out a license as
herein before directed, shall be responsible for all persons who
shall run with his number or license, unless a declaration shall
have been made by him before the mayor, stating the name of
the party substituted to his license, his residence ; and such per-
son so substituted shall be bound in the same manner as if he
had taken out such license in the first instance ; and every per-
son contravening shall pay a fine of from ten to twenty-five
dollars for each and every contravention.
No. 898. (7.) Each and every person taking out a license
for the running of any dray, cart, tumbril, wagon, timber cart,
furniture car, bread or brick cart, or other carriage or vehicle,
let for hire, for transportation of produce, effects, merchandise
and other objects generally, shall, before running the same, cause
the number of said license to be painted in white figures on tin
or iron plates, painted black in oil, each figure to be at least two
inches high, in Arabic characters, and placed on each shaft of
such cart or dray, as aforesaid ; and must also cause such num-
bers to be branded by the proper officer on each shaft of such
dray ; and all carriages, cabs, etc., as aforesaid, shall have the
number of their license painted on the lamps, in figures at least
two inches high -, and every person contravening to this article,
shall pay a fine of ten dollars for each contravention, besides a
fine of fifteen dollars for each week that he or they shall con-
tinue to keep for hire or let any of said carts, drays, etc., aforesaid,
without their being so numbered and branded as aforesaid.
No. 899. (8.) Any person who shall run, or cause to be run,
within the limits of this city, any dray, cart, cab, hack or other
carriage or vehicle whatever, with false numbers, or who shall
have affixed the same number to two or more vehicles, shall pay
VEHICLES. 313
a fine of not less than ten dollars, and not more than one hun-
dred dollars, for each offense.
No. 900. (9.) That the present and future contractors for Branding
branding drays, carts or other vehicles, as is required by this
ordinance, shall receive compensation according to the terms of
their several contracts, for each vehicle so branded, which sum
shall be paid by the owner of such vehicle.
No. 901. (10.) No dray, cart, or other vehicle whatever Contractors on'y
shall be branded except by the contractor or contractors for said
purpose ; and any person branding, or causing to be branded,
any dray, cart or other vehicle other than by said contractor or
contractors, shall pay a fine of one hundred dollars for each
contravention.
No. 902. (11.) Whenever the number of any dray, cart. Defaced numbers
cab, coach, hack or other carriage or vehicle shall be erased or
defaced by time or some other causes, so that it cannot be dis-
tinctly decyphered, the owner of such vehicle aforesaid shall
have his number immediately reinstated ; and in case of his
neglect or refusal so to do, he shall pay a fine of from ten to
twenty-five dollars for each and every contravention of this arti-
cle, or be imprisoned from seven to fourteen days.'
No. 903. (12.) Any drayman, carter, or other driver of any Fast driving,
cart, dray, wagon, tumbril, lumber cart, wood cart, brick cart, or
other vehicle whatever, public or private, who shall be guilty of
running his horse or horses, mule or mules, through any of the
streets of the city of New Orleans, or driving at a faster gait
when loaded than a walk, and when not loaded at a greater speed
than a stow trot or pace, or shall turn any corner faster than a
walk, shall be arrested and caused to pay a fine at the recorder's
office of either of the districts of this city, of from ten to twenty-
five dollars for each off'ense; and in default of payment of the
above fine the said driver shall be imprisoned for a term of not
less than seven nor more than fourteen days, if such driver shall
be a free person; if a slave, he shall receive ten lashes, unless the
fine imposed by this article be paid by the owner of said slave.
And it shall be the duty of the chief of police to place a com-
petent force on the principal thoroughfares of this city, to enforce
the provisions of the above ordinance, and it shall be the duty
of the officer making such arrest to have the vehicle and animal
or animals placed in the nearest city pound for safety until called
for by the owner.
40
SU VEHICLES.
whnt vehicles in- No. 904. (13.) All owners or drivers of carts or wagons, or
other vehicles used in selling, conveying brick, bread, beer, por-
ter, ale, water, etc., within the limits of the city, shall be, and
are hereby declared to be, liable to the same regulations and lia-
bilities as the owners and drivers of drays, carts, etc., are by the .
present ordinances, and they are expressly forbidden to drive
through any of the streets or roads of the city at a greater speed
than a slow trot, or turn the corner of a street or road at a gait
faster than a walk, under the penalties add fines prescribed in the
preceding article.
Road regulations No. 905. (14.) It shall be the duty of all draymen, carters,
coachmen, and all other drivers or persons driving any coach,
carnage, cab, hack, gig, buggy, wagon, dray, cart, tumbril, or
other vehicle whatever, whenever meeting any other carriage or
vehicle, or any person on horseback, to take the right side of the
street or road they may be in until such carriage or vehicle or
person on horseback shall have passed, or until they have passed
such carriage or person, and any person failing so to do, or in
any manner contravening against this article, shall pay a tine of
not less than five, nor more than twenty-five dollars, if a free
person, and if a slave he shall not receive less than ten nor more
than twenty -five lashes, unless the fine imposed by this article be
paid J^y the owner of said slave, without prejudice to the re-
covery of damages by persons who may have, sustained them.
A^ridfiTits caused No. 906. (15.) That if any accident or injury shall happen
\)y TtUicios. Qjj account of any drayman or cartman, horse or horses, mule or
mules, dray, cart, coach, cab, gig, buggy or other carriage what-
ever, while running, coming in contact with any peiso^i, it shall
be the duty of such coachman, drayman, carter or other driver
to stop and to render assistance, if necessary, and to give his
name or that of his master, and place of abode, and number of
his carriage or vehicle, and in default thereof, he shall pay a fine
of from ten to twenty-five dollars, or be imprisoned from seven
to fourteen days if free, or shall receive twenty-five lashes if a
slave, unless the owner of said slave shall pay the fine imposed
by this article.
Tpfn^ni to ti-fltiF. No. 907. (16.) Carters, draymen, etc., shall not, under any
rtna uiwichauu.so p^g^g^^ whatever, when unemployed, refuse to transport mer-
chandise and any other articles whatever, on payment of the
legal dues, under penalty of a fine of five dollars for each con-
travention.
VEHICLES. 815
No. 908. (17.) It stall not be lawful for any dray, cart, or otlier What constitute!
vehicle, to transport in any of the streets or roads of the city, at
one time, a greater load of one article than is fixed by the fol-
lowing scale, viz :
Five bales cotton.
One hogshead tobacco.
One hogshead or five barrels of sugar.
Three barrels molasses.
Ten sacks of 005*06.
Five barrels of pork, or other salt provisions.
Eight barrels flour.
Five barrels or twenty kegs lard.
Sixteen sacks corn.
Ten barrels coal.
Sixt33a lfj|;5 nails.
Two cask^acon.
Eight sacks salt.
Two casks flaxseed.
Ten barrels apples.
Ten barrels potatoes.
Eight barrels or four tierces hams.
Twenty sacks oats.
Two tierces rice.
Ten coils bale rope.
Twenty pieces bagging.
Eight barrels loaf sugar.
Five barrels mackerel.
Five bales hay.
Ten boxes or butts of tobacco.
Five barrels tar.
Five barrels rosin.
One pipe brandy.
Two casks wine or other liquor.
Four barrels whisky or other liquor.
Twenty pigs lead.
Five hundred feet lumber on carts drawn by one horse,
and fourteen hundred feet on carts drawn by two or more
horses.
When hauled by tumbrils or on timber wheels, the loads shall
not be greater than the following, viz :
Sixteen hundred feet pine or cypress lumber.
Twelve bars railroad iron.
3 16 VEHICLES.
Five hundred pound granite^ or marble, or other articles of a
like nature.
With the further privilege of hauling on a dray drawn by one
animal, fifteen hundred pounds, and when drawn by two animals,
twenty-five hundred pounds.
Forbi'iden to No. 909. (18.) Evory drayman, cartman, or other driver of
any dray, cart, wagon, car, or other vehicle, is expressly forbid-
den, when driving through any of the streets or roads of said
city, to leave their seats or quit hold of their reins, under penal-
ty of a fine of ten dollars for each contravention, if such driver
be free, and if a slave he shall receive ten lashes, unless his
master prefers paying said fine.
Penalty. No. 910. (19.) It shall be lawful for any person to arrest
and stop any dray, cart, wagon, coach, cab, or other carriage or
vehicle, found in contravention or violation of aiMt^of the pro-
visions of this ordinance, and to conduct the same to the ofiice of
the recorder of the district wherein such carriage, dray, cart or
other vehicle may be found in contravention.
Drivers using No. 911. (20.) Any proprietor, owner, or driver of a dray,
cart, hack, cab, carriage', or any other vehicle whatever, who
shall use violence or insulting language, or who shall oppose an
unlawful resistance to any of his passengers or employers, or to
any of the citizens, shall, on conviction thereof, pay a fine of
twenty-five to one hundred dollars ; and if such driver be a slave,
he shall receive twenty-five lashes.
See No. 546.
Competent court. No. 912. (21.) The fines imposed by the present ordinance
shall be recovered before any recorder's court, justice of the
peace, or any court in this city having jurisdiction, for the bene-
fit of the city.
Printing of this No. 913. (22.) .The mayor shall cause such articles of the
present ordinance relating to hacks, cabs, coaches and carriages,
to be printed in the French and English languages, on the back
of each license delivered by him to owners of hacks, cabs or
carriages ; and on the license delivered to the owners of drays,
carts, tumbrils, wagons, etc., he shall cause to be printed such
articles of this ordinance as relate to drays, carts, tumbrils, etc.
Wi-Titohaye No. 914. (23.) This ordinance shall have^ full force and
efi"ect and shall go into operation immediately after its adoption.
B.anding. No. 915. (24.) That from and after the adoption of this or-
dinance, the owner of every dray, cart, furniture cart, tumbril,
^tC; shall have the last numeral of the year that he may take
VEHICLES. 317
out a license, branded in a circle on each shaft, by the contractor,
under penalty of a fine of from ten to twenty-five dollars for each
and every contravention, recoverable before any of the recorders,
or any court of competent jurisdiction, for the benefit of the city.
No. 916. (25.) All ordinances or parts of ordinances, con- Repealing clause,
trary to or inconsistent with the provisions of this ordinance be,
and the same are repealed.
City Ordinance, No. 1913. Approved Dec. 22, 1854.
For Teliicles on the canal landings, see No. 119.
For couveyance of gunpowder, see No. 352.
No. 917. Every omnibus shall be numbered in a conspicu- Omnibuses to b©
1 A 1 T • 1 /. numbered.
ous place, the number to be oi the same dimensions as those tor
a dray ; and every omnibus shall have lamps ; and for every con-
travention of this section, the owner thereof shall pay a fine of
twenty-five dollars.
City Ordinance, No. 3124, sec. 67.
No. 918. All drays, carts, omnibuses, trucks, and timber- vehicles to be
wheels and wagons, shall be branded with their number, and the
last numeral of the year in a circle ; provided, that owners of
grocery, express, baggage and other private wagons shall not be
compelled to have the same branded and numbered, but must
have their name and residence painted in full on each side of
said vehicle.
City Ordinance, No. 3124, sec. 69.
No. 919. From and after the passage of this ordinance, no Vehicles on
cart, dray, or other vehicle, shall remain idly on the wooden part
of any of the wharves of the city, under a penalty of five dollars
for each offense ; and it shall be the duty of the wharfingers to
order off, from said wooden parts of any of the whales, all or
any idle cart, dray or other vehicle encumbering said wharves;
and should the person or persons, thus ordered, refuse to obey,
the said wharfinger shall cause to be arrested the person or per-
sons thus contravening, and fined as afore-mentioned, which fine
shall be recoverable before any court of competent jurisdiction,
for the use of the city.
City Ordinance, No. 2577.
For vehicles in cemeteries, see No. 137.
No. 920. That all ordinances and resolutions now in force. Requisite resi-
requiring that a person should have resided six months in a dis-
trict before he can obtain a license from the msCyor to run a pub-
lic or private vehicle in the city, such as a dray, cart, truck, cab,
dence.
SIS VEHICLES.
hack, or of any other description, be, and the same are hereby
repealed.
City Ordinance, No. 1859,
City cartp, No. 921. All carts employed otherwise than temporarily by
the street commissioner, the city surveyor, or by the contractors
for cleaning the streets, shall have plates affixed on each side of
them, on which shall be painted with legible letters, the words
^' city carts," under a penalty of five dollars for each offense, re-
coverable before any court of competent jurisdiction, for the use
of the city; and no cart whilst carrying such plates thereon,
shall be used for private purposes,, under a penalty of ten dollars,
recoverable as aforesaid.
City Ordinance, No. 1823.
Driving on cer- No. 922. ()-) T.t shall uot be lawful for any person or persons to
n ge.e c. ^.^^ ^^ drive over the bridge across the Bayou St. John, nor any
of the bridges across the Canal Carondelet or any other canal, at
a faster gait than a walk, under the penalty of a fine of not less
than five, nor more than twenty-five dollars for each offense, re-
coverable before any competent court.
Ordinance to be No. 923. (2.) Copies of this ordinance shall be posted on
posted, etc. ^-^^ ^^^^ conspicuous placcs on said bridges. It shall be the duty
of the keepers of said bridges to keep the same so posted, under
a penalty of five dollars for each and every day they shall neglect
so to do.
Duty of police, No. 924. (3.) It shall be the duty of all police officers, po-
licemen and watchmen, and the keepers of said bridges to see
that the present ordinance be enforced, and to report all infrac-
tions thereof to the recorder of the district wherein the same
"may take j^ace, under the penalty of dismissal.
Amended. See Nos. 926 and 927, (Ordinance 3012, below,)
Repealing clause. No. 925. (4.) That all Ordinances or parts of Ordinances con-
trary to the present be, and are hereby repealed.
City Ordinance, No, 2920. Approved July 18, 1856.
Amending No. No. 926. (1.) It shall be the duty of all police officers, po-
licemen and watchmen to arrest all persons who may violate any
of the provisions of the ordinance to which the present is sup-
plementary, and take such person or^ persons before the recorder
of the district wherein the offense may be committed, and upon
due proof being made, such offender shall be condemned to pay
the fine or penalty imposed by said ordinance.
922.
VEHICLES. 319
No. 927. (2.) That the surveyor be, and he is hereby Surveyor's duty,
instructed to cause to be painted in large letters, on some con-
spicuous portion of each bridge, the penalty for fast driving over
said bridges, in accordance with said ordinance.
City Ordinance, No. 3012. Approved Aug. 22d, 1856.
No. 928. (1.) From and after the passasre of this ordinance, Vehicle Ptationa
1 T . o IT 11- J' ^ n ^ first district.
the stands or stations for public cabs and carriages, tor the nrst
district of the city of New Orleans, shall be as follows : On either
side and around Lafayette Square, comprising Camp, North,
South and St. Charles streets — that is to say, to stand next the
sidewalk around and adjoining said square ; on either side of St.
Charles street, from Pbydras to Canal streets ; on the north side
of Common, in front of the City hotel bar room, also in front of
the Verandah bar room ; on the south side of Common street,
from the corner of St. Charles to the extent of the limits of the
St. Charles hotel ; and on the north and south sides of Canal,
from the corner of St. Charles street to the swamp: provided, that
all proprietors of hotels, storekeepers and owners and occupants of
dwelling houses shall make no objection to any public cab or
carriage to occupy such stand in front of his or their property or
dwelling as aforesaid.
No. 929. (2.) The stand or station for the second district of stations second
the city of New Orleans, for the public cabs and carriages, shall
be as follows : On the south side of Canal, from the corner of
Royal street to the Swamp, next the neutral ground ; on the north
side of St. Louis from the corner of Chartres street, in front of
the St. Louis Exchange hotel ; also, on either side and around
Jackson Square, next the sidewalk adjoining said square, viz : on
St. Peter, St. Ann and Chartres streets: provided, that all owners,
proprietors of hotels, storekeepers and occupants of private dwell-
ings shall make no objection to any owner or driver of any cab or
carriage to occupy said stand in front of their property as aforesaid.
No. 930. (3.) The stand or station for the third district of stations third
the city of New Orleans, for public cabs and carriages, shall be
as follows, viz : On the west side of Elysian Fields street, from
Victory to Levee streets ; provided said cabs, carriages, etc., shall
not prevent the ingress and egress to and from all buildings on
the street aforesaid ; also, on either side and around Washington
Square, next the sidewalk on said square; provided, all proprie-
tors of hotels, storekeepers, and owners of property, or tenants
shall make no objection to any driver or own'er of any cab or car-
riage to occupy a stand in front of said property as aforesaid.
325
VEHICLES.
Their positions
at stands.
No. 93L (4.) All owners or drivers of public cabs or car-
Pennityforuging nap^es, who sliall stoD or stand, or attempt to stand, other than
other stands. ^ ' , ^ . ^ ^
for the immediate purpose of letting out or taking in a passenger
or passengers, other than on the foregoing named places in the
first, second and third sections of this ordinance, shall be liable
to a penalty of not less than twenty-five dollars for each and every
ofi"ense, recoverable before any court of competent jurisdiction,
for the benefit of the city.
No. 932. (5.) It shall be the duty of all owners or drivers
of public cabs and carriages to leave a space between each inter-
section or crossing of any street or streets on which they are per-
mitted to stand, of at least fifteen feet between said cab and the
crossing or intersection of said stand or streets ; and further, they
shall be arranged in single lines, in rotation ; and in case of
the removal of any cab or carriage, the next following shall be
entitled to occupy said vacancy occurring from said removal ; and
any owner or driver of any public cab or carriage who shall vio-
late any of the provisons of this section of the ordinance, shall be
liable to a fine of twenty-five dollars for each off"ense, recoverable
as aforesaid.
No. 933. . (6.) It shall not be lawful for any owner of any
public cab or carriage to drive, or cause to be driven, any cab or
carriage by any person under fifteen years of age, within the lim-
its of the city ; nor shall it be lawful to employ more than one
person to drive any cab or carriage, or to ride upon the seat or
box of said cab or carriage^ unless a passenger ; nor shall it be
lawful for any owner or driver of any cab or carriage to leave his
•or their cab or carriage, or be at a greater distance than ten feet
from the same, under a penalty of twenty-five dollars for each and
every off'ense, recoverable as aforesaid.
No. 934. (7.) It shall be the duty of all owners or drivers
of public cabs or carriages, whenever the contractors or any others
that may be employed to clean, wash, or scrape any street or
streets, or gutters, on which said cabs or carriages may be entitled
to stand or occupy, to remove the same, so as to allow said work
to be performed ; and any owner or driver of such cab or carriage
who shall refuse to remove or in any manner impede or prevent
the performance of said work, shall be liable to a fine of twenty-
five dollars for each ofi'ense, recoverable as aforesaid.
Tariflf of charges No. 935. (8.) It shall be the duty of all owners or drivers of
in cabs and car- , ,. , • , i • . , •
riages. public cabs 01 camagcs to nave, in some conspicuous place m
Drirerg,
To remove, to
clean streets.
VEmCLES. 321
their cabs or carriages, a tariff of the rates of charges for convey-
ing passengers to and from any part of the city; and in default,
shall be liable to a penalty of twenty-five dollars for each offense,
recoverable as aforesaid.
No. 936. (9.) It shall not be lawful for any cab or carriaf^e, 'SnUo Ptnnd on
^ ^ '' ° Cliartre.. or
dray, cart, or other vehicle, to stand on Chartres or Royal streets, Koyai sireeis.
from Canal to Esplanade street, other than for the immediate
purpose of loading or unloading, even with the consent of the
property holders or tenants on said streets, under a penalty of not
less than twenty-five dollars, recoverable as aforesaid.
No. 937. (10.) Drays, carts, cabs, carriages or other vehicles. To stand on cross
shall, with the consent of the owners or tenants of property, be
allowed to stand on any and all streets perpendicular to the river,
provided they do not obstruct said street or streets, and to be sub-
ject to the same regulation, made and provided as in section seven
of this ordinance.
(11. ") It shall be the duty of the chief of police to see that all
the provisions of the foregoing ordinance relating to the duty of
all owners or drivers of cabs, carriages, drays, carts, and other
vehicles, as far as relates to him, shall be strictly enforced, and
report aay infraction of the same to the assistant attorney, who
shall proceed to collect such fine or fines as may be imposed for
the infraction of this ordinance, as aforesaid.
(12.) That all ordinances or parts of ordinances contaray to Repealing clause
the provisions of the foregoing ordinance be, and the same are
hereby repealed.
City Ordinance, No. 1722. Approved July 18th, 1854.
No. 938. (1.) From and after the promulgation hereof, it Penalties, etc.
shall not be lawful for any owner, driver, or person having charge
or authority over a public hack, carriage, or cab for hire, to charge
other than the following rates, under a penalty of not more than
fifty dollars for each ofi'ense, unless the said driver be a slave,
then the penalty shall not be more than fifteen dollars for the
first offense, and fifty dollars for every offense thereafter, to be
recovered before any court having jurisdiction thereof, the fines or
penalties collected under this ordinance to be divided between
the three municipalities, as provided for in the twenty-second
section of an act entitled, *'An act to incorporate the city of New ^
Orleans," approved March 8th, 1836.
No. 939. (2.) For every trip within the incorporated limits mck and rab
of either municipality, or from the incorporated limits of one ^ '"^**''''' *^^'
41
322 VEHICLES
municipality to the incorporated limits of tlie adjoining munici-
pality, twenty-five cents for each passenger.
From Esplanade street to the Ursuline Nuns' Convent, thirty-
seven and a half cents ; and lower down pro rata^ according to
the rates of distances hereinafter established.
From the incorporated limits of the second municipality to the
incorporated limits of the third municipality, or vice versa^ fifty
cents for each passenger.
For every trip out of the incorporated limits of either muni-
cipality, to the incorporated limits of either of the other muni-
cipalities, sixty-two and a half cents for each passenger.
For every trip out of the unincorporated limits of one munici-
pality to the incorporated limits of the adjoining municipality,
sixty-two and a half cents ; provided the distance does not exceed
twelve squares of the city proper ; then the charge to he pro rata.
Charges at No. 940. (3.) After gunfire, the owner or driver (ff a carriage,
hack, or cab for hire, shall be authorized to exact double the
rates prescribed in the foregoing article for each passenger.
Charges for the No. 941. (4.) For every trip from either municipality to the
lake shore, via. the Bayou road, or Shell road of the New Or-
leans Canal and Banking Company, five dollars for the whole
carriage, not exceeding four passengers, and for a cab or gig three
dollars, and one dollar for each and every hour after the first
hour the carriage is detained by the passenger at the lake.
City Ordinance. Approved July 1, 1840.
Not to remain No. 942. Froiii and after the passage of this ordinance, it
idle la streets. " ^
shall not be lawful for the owner or owners of any cart, dray^
waggon, carriage or other vehicle to suffer the same to remain in
any of the streets or public ways of the city, during the day or
night, unless the same shall be in actual use at the time, under
a penalty of three dollars; and any such cart, dray, carriage or
other vehicle shall be taken by the street commissioner or his dep-
uties, by the day or night police, to the city pound of the district
where so found in contravention, and be there kept for three days;
and should the owner or owners of the same not claim and pay
the fines on the 'same within three days after the same have been
impounded, then it shall be the duty of the street commissioner
to advertise and sell the same as provided for in the case ot
. strays, in the third section of this ordinance, or he shall report
. the same to the assistant attorney of the city.
City Ordinance, No. 751, section &.
For the "third section" referred to, see "Pounds," No. 681.
VEHICLES. 823
No. 943. From and after the promulgatiou of this resolution, Pound few,
the pound fees chargeable on any or all animals, of whatsoever
description, arrested or impounded as strays, shall be one dollar
each and the costs of feeding as is now provided for by ordinance
No. 751, approved 6th April, 1853; and the pound fees charge-
able on any dray, cart, wagon, carriage or other vehicle whether
arrested or impounded as incumbrances, or in contravention of
any existing ordinance, shall be one dollar, in addition to what-
ever fine, if any, that may have been imposed for the contra-
vention, by a competent court, said fine of one dollar, being-
inclusive of the expense of hauling or transportation to the
pounds.
City Ordinance, Xo. 1870.
For Ordinance No. 751, see ''Pounds," page 207.
No. 944. Resolved y That the adjudications of four contracts Branding Tehii
for branding drays, carts, etc., made by the comptroller on the '
15th December, 1856, be approved, and the securities offered
be accepted, as follows :
For the first district, to Pelanne Bros., security Fco. Marquez,
at fifteen cents.
For the second district, to Joseph Scholl, M. Weisheimer
security, at four cents.
For the third district, to Joseph Scholl, M. Weisheimer
security, at four cents.
For the fourth district, to Pelanne Bros., Fco. Marquez
security, at twelve cents.
City Ordinance No. 3216. Approved January 7, 1855.
For Vehicles at places of amusement, see No. 58.
For Tax and License, see No. 706, 707, 708, etc.
Relative to conveying Slaves, see No. 761.
ACTS OF THE LEGISLATURE.
See Acts of 1850, page 162, sect. 19, § 12.
See Acts of 1850, page 165, sect. 24, § 2.
DECISION OF SUPREME COURT.
Carts, ■which a man uses for his own purposes in hauling water for
sale, are not vehicles for hire, and, not subject to the ordinance imposing
a tax on carts, drays, and other vehicles for hire. — 3 La, 248.
WARDENS.— See "Master and Wardens,''' page 157.
324 WATER WORKS AN© OAS COMPANIES.
WATER WORKS AND GAS COMPANIES.
An Ordinance relative to the Commercial Water Works Company, and
the New Orleans Gas Light Company.
ObFtru-ting No. 945. (1.) It shall be the duty of the commercial watcf
works company, and the New Orleans gas light company to
place at the intersections of streets in which they shall lay dowa
pipes, a barrier to prevent carriages, drays, carts and other
vehicles from running on the same, until their works shall be
completed in each square ; provided, the said company shall not
be allowed to obstruct any street for a longer time than is now
fixed by their charters ; and for every violation of this ordinance
the contravening company shall be fined not less than twenty-
five dollars a day during the continuance of the contravention,
strpef comrois- No. 946. (2.) Whenever a street is to be newly paved, the
Bion.iB aty. g^xeet commissioner shall immediately inform the water works
company and the New Orleans gas light company of the fact,
and the said company shall be requested to lay their main pipes
before the paving is commenced.
Paving and ban- No. 947. (3.) That whenever either of said companies shall
quettmg. ^^^^ ^^ ^^^ banquette or paving for the purpose of laying pipes,
such company shall, when repairing said banquette or paving,
cause the earth to be rammed down and the banquette or paving
put in good order and repair, under penalty of a fine of ten
dollars for each and every day such company shall fail to repair
and put such banquette or paving in order, after notice from the
street commissioner.
Repealing clause. No. 948. (4.) All ordinances or parts of ordinances conflict-
ing with the provisions of this ordinance are hereby repealed.
City Ordinance, No. 3171. Approved Dec. 23, 1855.
See streets, No8. «I5 and 816.
ACT OF THE LEGISLATURE.
For Act of incorporation of water works company, see Acts of 1833,
page 151.
General powers. ^^c. 4. That all such persons as shall become subscribers to said
company, their successors and assigns, shall be and are hereby created
and made a corporation and body politic, by the name and stile of the
Commercial Bank of New Orleans, and by that name shall be and are
hereby made capable in law, to have, hold, purchase, to leceive in pay-
ment of debts, possess, enjoy, and retain, to them and their successors,
property aud estate of what nature, kind, or quality soever, or so far afi
WATER WORKS AND GAS COMPANIES. 825
is necessary to carry into complete effect the object of this charter, which
is declared to be the furnishing of the city with good and wholesome
water ; and the same to alien, transfer and dispose of, to sue and be
sued, plead and be impleaded, answer and be answered, defend and be
defended, in any court or courts of record, or other place whatsoever , to
have forever the exclusive privilege, from and after the passing of this
act, of supplying the city and inhabitants of New Orleans and its
faubourgs, with water from the river Mississi'Dpi, by means of pipes or Water works.
conduits, and for erecting, constructing, or working of any necessary
engine; and they may contract for, purchase or lease, the light to enter
and pass through, from time to time, as occasion may require, any lands
or grounds through which they may deem it necessary to convey the
Baid water into said city and its faubourgs ; and to construct, dig or
cause to be opened, any canals or trenches whatsoever, for the con-
ducting of the water of the river from any place or places that they may
deem fit, and to raise and construct such dykes, mounds, or reservoirs,
as they may judge proper, for securing and conveying such supply of
water, as aforesaid, to the said city and the faubourgs thereof; and to
survey t>uch lands as they may think proper, in order to ascertain the
bust mode of furnishing such supply, and to lay and place any number
of conduits, pipes, and acqueducts, and to cleanse or repair the same,
through or over any of the lands or streets of the city of New Orleans
and its faubourgs , and also to have and use a common seal, and the
same to break, alter and renew at pleasure ; and also, through their
president and directors, to ordain, establish, and put in execution, such
by-laws, ordinances, and regulations, as shall seem necessary and cou-
veniont for the government of said corporation, not being contrary to
this act, nor to the constitution and laws of the United States, or of this
State, or ordinances of the city council of New Orleans ; and generally,
to do and execute all such acts, matters and things, as to them shall
or may appertain to do ; subject, nevertheless, to the rules, regulations,
restrictions, limitations and provisions hereinafter specified and declared.
Provided however, that at any time after the expiration of thirty-five ^^^g^ thirty-five
years from the passage of this act, it shall be lawful for the corporation years corporation
of the city of New Orleans to purchase from the Commercial bank of may purchase.
New Orleans, the water works constructed by said company in virtue
of this act — and said company shall not refuse to sell the works afore-
said, with all the rights and privileges appertaining to the same, on
the terms hereinafter provided. — Acts of 1833, p. 153.
Sec. 11. That said company shall, within twelve months after the one hundred
first election of directors, commence works, and commence to procure ♦l^ov"*"'* dollars
, , . - ^ to be annually
such materials, as may be necessary to enable them to furnish the inha- expended on the
bitants of the city of New Orleans and its faubourgs, with sufficient ^^^^^ ^^^^^'
water from the river at all seasons of the year ; and in order that the
true intent and meaning of this act be strictly adhered to and complied
with, and that the water works, contemplated to be constructed by
said company, be completed in the shortest time practicable, under all
the circumstances, the sum of at least one hundred thousand dollars
326 WATER WORKS AND GAS COMPANIES.
shall be expended on the works aforesaid, annually, until the said
company is in a situation to supply, and actually do supply, water to
the greater part of the streets of the city proper, and the principal and
most populous streets of the faubourgs — said expenditure to commence
within one year after the passage of this act — so that the city of New
Orleans and the faubourgs thereof, may be furnished with water in the
streets, and such inhabitants may procure it by means of conduits or
pipes, within their houses and lots, at a price to be regulated by the
company : and should the said company fail or neglect either to commence
or continue said works as aforesaid, then, and in such case, the charter
Limitation of now granted shall be wholly null and void. Provided however, that the
^^° ^' net profits on the same shall not exceed an interest of fifteen per centum
per annum, from the time of disbursements of said works ; and at such
times as dividends shall be declared by the bank, say semi-annually, the
interest on the sum expended in constructing said water works shall be
added thereto, and shall form a part of the capital invested, until the
net revenues on said works amount to fifteen per centum as aforesaid :
City council of and provided also, that the city council of New Orleans shall have the
New Orleans to „ . . , , „ , ,
appoint a com- power annually to appoint a committee, who shall have access to such
™^"®®' of the books of said bank as relate to the said water works company,
and may make such extracts from the same as they think necessary .•
and provided further, that at the end of five years after the first appro-
priation, the said net profits shall not exceed ten per cent. — and in case
said profits should exceed fifteen per centum during the first five years,
and ten per centum afterwards, as provided for in this section, the city
council shall have the power to reduce the price of water, in such a
manner and in such a proportion, that the profits should never exceed
the above mentioned rates. — Acts of 1833, p. 157.
Rleht of corpora- Sbc. 21. That within the first thirty days that the books are opened
leans to sub- ^0^ subscription, the corporation of the city of New Orleans may
scribe. subscribe for five thousand shares of the capital stock of said company,
not subject to deduction ; and for which the said company may receive
the ^bouds of the mayor, aldermen and inhabitants of New Orleans,
redeemable in forty years, bearing an interest not exceeding five per
centum per annum, payable half yearly.
To appoint two Sec. 22. That if, agreeable to the twenty-first section of this act,
the corporation of the city of New Orleans shall subscribe for five
thousand shares of the capital stock of the Commercial bank of New
Orleans, then, and in that case, the city council of New Orleans shall
annually elect by ballot, from the mayor, recorder and aldermen of said
council, two persons, who shall be members of the board of directors ;
and the stockholders shall only elect eleven instead of thirteen directors,
as provided for in the third and sixth sections of this act, in which
ProTiso. election the said city council shall not vote as stockholders. Provided,
that nothing herein contained shall be so construed, as in any manner
to impede, diminish or impair, the rights and powers granted to the city
council of New Orleans, and to the committee to be appointed by them
annually, by virtue of the eleventh section of this act. — Acts 1838, p. 160.
WATEa WORKS AND GAS COMPANIES. 327
Sec. 38. That the corporation of New Orleans shall be supplied by Corporation of
the said company, free of charge, with all water necespary for the.^g^y^,^jl^5j"^j*^
extinguishment of fires and other public purposes: nor shall, the city water free of ex-
.,,,., , . , , , , pense, for publif
council be subjected to any charge for water furnished to supply the pinposes.
gutters of the said city and faubourgs : and that the said company, as they
progress in laying acqueducts, shall place, free of any charge whatever,
two hydrants of a proper construction, in front of each sqare, at a Hydrants to te
suitable distance from each other, from which a sufficient quantity of IJ^^^ sqaure.'^
water may be conveniently drawn, for extinguishing fires, for wetting,
washing and watering the streets and gutters, and any other public
purpose : that on the squares which do not front on the river, the
hydrants shall be placed on opposite sides of the streets, at an equal
distance from each other and the corners ; that the said hydrants shall be
of a proper size and made so as at all times to furnish water for the fire
engines, and purposes herein mentioned: it shall further be the duty
of said company, to supply water for all the purposes herein mentioned,
at all times during the continuance of this charter, unless prevented by
some unavoidable accident; and in case such shall occur, the repairs
shall be made and the water again furnished at the expiration of the
necessary delay ; and the said company shall supply a sufficient quantity
of clear, pure and wholesome water for the use of the inhabitants, within
the limits aforesaid, at the elevation of fifteen feet, when the same may
be required. Provided however, that said hydrants shall be under the
control of the Commercial bank. — Acts of 1833, p. 167.
Sec. 42. That when, after the expiration of thirty-five years, the Price of the water
said corporation of New Orleans shall be inclined to buy the said water "«^o»"k(», in the
*^ • eventof purchfiiie
works from the Commercial bank of New Orleans, the price shall be by the city, to be
fixed by arbitrators, five of whom shall be chosen by the president and ^^jg ^ "^"^ ^^""
directors of the Commercial bank of New Orleans, and five by the city
council of New Orleans ; said arbitrators not to be stockholders iii said
company, nor members of the city council of New Orleans. Said arbi-
trators shall take into consideration the value of the water works and
grounds appertaining thereto, for supplying the city and faubourgs of
New Orleans with water by the said company ; and if they agree, and
so report, in writing, their award shall be binding on the respective
parties. But in case of disagreement, the judge of the judicial district ^
court in -which the said water works are situated, shall appoint as
umpires, five disinterested individuals as above, whose decision and
award, in writing, reported to the judicial district court aforesaid,
shall be binding and conclusive. And the amount so agreed upon,
shall be payable in the bonds of the mayor, aldermen and inhabitants
of New Orleans, bearing an interest of five per centum per annum,
interest payable thereon semi- annually, and redeemable in not less
than ten, nor more than thirty years from the day on which said
award shall be signed, and the said water works delivered over to the
said corporation of New Orleans.
Sec. 43. That in case the mayor, aldermen and inhabitants of New goajg ^f ^^^y ^
Orleans, shall deem it unadvisable or inexpedient to purchase the said ^ renew«a in
328 WA*ER WORKS AND GAS COMPANiES.
ca«ie of certain water works from the Commercial bank of New Orleans, as provided for
aance. -^^ sections four and forty-two, and to notify the Commercial bank of
New Orleans thereof, at any time within eighteen months thereafter, the
bonds given by the mayor, aldermen and inhabitants of New Orleans,
for the amount of stock owned by the corporation of New Orleans, shall
be renewed by the Commercial bank of New Orleans for twenty-five
years, on the same terms and conditions as provided for in sections
twenty-one and forty-one of this act : provided however, the amount
formed by the sinking fund herein provided, shall be applied to the
payment of said bonds, as far as it will go, and the bonds only renewed
for such balance as may not be made up by the sinking fund aforesaid. —
Acts of 1833, p. 169.
An Act to compel the Commercial Bank of New Orleans to comply with
the terms of its charter.
Sectiok 1. Be it enacted by the Senate and House of Representatives of
Hydrants of the t^^^ State of Louinana in General Assembly convened, That the Corn-
water works to jnercial bank of New Orleans shall cause to be opened, free of charffc, all
r»e opened in con- r ^ o ?
foi mity with the hydrants in the city of New Orleans, at such times and under such regu-
general council lations as the general council of New Orleans may direct, for the purpose
of New Orleans, q^ -yi^ashing the streets and gutters of the three municipalities of said city,
and for the purpose of extinguishing fires, and for other public purposes.
What extension Sko. 2. That the Commercial bank of New Orleans shall, immediately
bank^s'bound'to ^^^^^ ^^® promulgation of this act, commence extending their water pipes
give to its water until they include the wards, or reach the streets following, viz : In
municipality number two, in the first ward, all the streets; in the second
ward, in all the streets as far back as Hercules street ; in the third ward,
all the streets ; in the fourth ward, all the streets as far back as Benton
street ; in the seventh ward, all the streets as far back as Claiborne
street ; from Canal street as far up as Common street, and as far back as
8t. Mary street, for the rest of the ward. In municipality number one,
in all the streets of the second, fifth and seventh wards, as far back as
Claiborne street. In municipality number three, in all the streets of the
first ward as far back as Morales street; in the second ward, in all the
streets as far back as Morales street ; in the third ward, in all the streets
as far back as Greatmen street, and as far down as Elmire street. And
Obligation of the that said bank shall continue the extension of said water pipes until all
baEIir^t"*ipend, the Streets within said limits are supplied with water ; and in order to
for the object eflfect Said object said bank shall annually expend and disburse one hun-
aforesaid, $100- "^ ., i • i i
ojo annually. dred thousand dollars for each and every year, until the said works, as
herein described, shall be fully completed and in use.
The general Sec. 8. That at any time after the promulgation of this act, upon the
OrEs '^empow^ consent of a mrtjority in amount of the stockholders of the Commercial
ered to purchase j^j^^jj ^f ^q^ Orleans, the general council of the city of New Orleans is
the Water works > » >> .....
of the Conimer- hereby empowered to purchase, for the benefit of the three municipalities
^'"^'^' of said city, for a price to be contributed pro rata by and in proportion
to the value of the works in each of said municipalities, the water works
of the said bank, in the manner directed by existing laws.
WHARFINGERS. 329
Sec. 4. That from and after the promulgation of this act the direc- Rights of the city
tors appointed to represent the city of New Orleans in said bank shall tank. ™ ^
have the same rights in the board of directors as those appointed by the
stockholders.
Sec. 5. That until said works as described in the second section of No dividend to bo
this act are fully completed and in use, no dividend shall be declared or t^e completion of
paid to the stockholders, and none of the revenues of said bank shall be the aforesaid
applied to any other purpose than the carrying on of said works described
in said section of this act.
Sec. 6. That immediately after the promulgation of this act the pres- Meeting of the
ident of said bank shall call a meeting of the stockholders thereof, to de- be called,
termine whether they will accept of the provisions of this act as supple-
mentary to the provisions of the act of incorporation of said bank ; and in Acceptance of the
- ..^ n.i^,,,, . ^ 1 ,, ^ .,,. ■ ^ provisions of this
case of a majority of said stockholders m amount shall not, within ninety act.
days from the promulgation of this act, file their acceptance, in writing, in what case the
of the provisions of this act, in the of&ce of the secretary of State, then igZ^^^l foTThe
the attorney general of this State is hereby instructed to institute and forfeiture of the
carry on proceedings to obtain a decree of forfeiture of the charter and bank.
all the privileges and franchises of said bank. — Acts of 1848, page 135.
See acts of 1852, page 158.
• decision of the supreme court.
The act of April 1st, 1833, incorporating the Commercial bank, ex-
empts from taxation nothing but the three millions of dollars furnished
by the stockholders for its operations. The shares and other real
property held by the bank, are liable to taxation. — 5 R. R. 151.
WHAEFINGERS.
No. 949. (1.) There shall be appointed by the coiiimon coun- Appointment of
^ '^ ^^ •' -wharfingers and
cil, in the month of May, (or as soon after as practicable,) and assistants.
every year thereafter, the following wharfingers and assistants,
who shall enter upon the discharge of their duties on the first day
of June.
One wharfinger for the steamboats, steamships, flats, etc., of
the first district.
One assistant wharfinger for all that portion of the first district
from the flatboat landing unto the upper line of said district.
One wharfinger for the whole of the second district.
Two assistant wharfingers for the second and third districts.
One assistant wharfinger for the fourth district.
Amended. See No. 355-
No. 950. (2.) The assistant wharfingers of the first and pportsof assis-
^ ^ o ^ tant wharfingers.
fourth districts shall make daily reports of the ai'rivals and
42
380 y WHARFINGERS.
departures of all vessels, flats, etc., with their tonnage, to the
wharfinger of the first district. The assistant wharfingers of the
second and third districts shall also report in same manner to the
wharfinger of the second district,
Report of wharf. No. 951. (3.) It shall be the special duty of the wharfin-
gers to make a weekly report to the comptroller of all and every
description of vessels, their tonnage, etc., which may each day
enter and moor within the limits of the port under their super-
intendence; which weekly report shall be filed in the office of
said comptroller for further reference and examination, in regu-
lar rotation and dates.
Office hours and No. 952. (4.) The wharfingers and assistants shall perform
compensation, i ■, • -iti •• t li^
such duties as are now prescribed by existing ordinances, or that
may be hereafter prescribed by the common council. The office
of the wharfingers shall be open from sunrise to sunset (Sundays
excepted.) They shall receive for compensation, fifteen hun-
dred dollars per annum, payable monthly, and the assistants nine
hundred dollars per annum, payable monthly.
Bonds. No. 953. (5.) For the faithful performance of their several*
duties, the wharfingers shall furnish bonds and security, in the
sum of five thousand dollars each; and the assistants in the sum
of two thousand dollars each.
Repealing clause. No. 954. (6.) All ordinances or parts of ordinances, con-
flicting with the foregoing ordinance, be, and the same are here-
by repealed.
City Ordinance, No. 54. Approved 28th May, 1852.
Duty of wharfin- '^q. 955. That SO much of the Ordinance No. 54, creating
the offices of wharfinger and assistant wharfingers, be, and is here-
by amended so as to give to the wharfinger of the first district
the control of the fourth district, and the supervision of the du-
ties of the assistant wharfingers of the first and fourth districts,
and the wharfinger of the second district the control of the third
district and the supervision of the duties of the assistant
wharfingers of the second and third districts.
City Ordinance, No. 2237. Approved July 15th, 1855.
Monthly pay- No. 956. That the wharfingers of the several districts, and
the street commissioner be, and they are hereby directed and in-
structed to return monthly pay-rolls of the persons employed by
them, and now on the pay-rolls of the surveyor's department.
City Ordinance No. 906.
WHARFINGERS. 331
No. 957. (1.) No wharfinger or assistant wharfinsrer shall in Not to act as coi-
1, P 1 i lectoTB.
any case act as collector oi levee dues.
(2.) Any violation of this ordinance, or any section of this
ordinance, shall subject the offender to dismissal from office.
City Ordinance No. 2238, sects. 3 and 4.
No. 958. The resolution of the common council passed in Laborers pay.
March last, fixing the salaries of the laborers employed in the
street commissioner's and surveyor's departments at thirty-five
dollars, does not apply to the men employed by the several
wharfingers, and that their salaries be as heretofore, forty dollars
per month.
City Ordinance No. 1147.
No. 959. (1.) It shall be the duty of the wharfingers to Their weekly re-
make a weekly report to the comptroller, of all and every des-
cription of vessels, their tonnage, etc., which may each day enter
and moor within the limits of the port under their superintend-
ence, which weekly reports shall be filed in the office of said comp- ,
troller, for further reference and examination, in regular rotation.
No. 960. (2.) It shall be their duty to keep a list of all To keep lists,
vessels arriving within the limits of the city, to direct the moor-
ing and landing of steamboats, flatboats and other vessels ; and
they shall keep a regular account of the general transactions in
the harbor, and for that purpose they shall keep well bound
books, one for ships and other sea-going vessels, one for steam-
boats, one for flatboats, and one for barges, keelboats and other
craft, in which shall be kept a journal of the arrivals, arranged
in such a manner as to present in one line the name of the vessel,
the master or consignee, the tonnage or burden, the amount of
duty to which said vessel may be subject, as well as the date of
the arrival and departure thereof; and the said books shall be
regularly posted every day.
No. 961. (3.) Each wharfinger, in his district, is authorized To place yesseis,
to point out the place and position any steamboat, flatboat, barge,
keelboat, or any other craft shall take, at the part of the levee
allotted to them, and in case any captain or officer in commancJ
neglects or refuses to obey his orders and directions, given for
that purpose, the said captain, owner, or officer in command shall
be fined not less than twenty-five dollars, nor more than one hun-
dred dollars for every day he shall continue to neglect of refuse
to obey the orders of the said wharfinger.
See No. 363.
etc.
332 WHARVES, WHARFAPES, PORT, ETC.
Goods, wares,etc.j No. 962. (4.) It shall be the duty of the wharfingers to see
that all produce, goods, wares, and other articles landed on the
levee, be laid as near as possible to the paved part of the levee,
and that the bank of the river and wharves be neither obstructed
nor encumbered; and the said wharfinger is authorized to give
the necessary orders to all persons whom it may concern ,• and
any person obstructing the passage, or the wharves or banks of
the river, or neglecting to arrange his merchandise in such man-
ner as shall b6 directed by the wharfinger, and shall refuse to
remove the obstruction after notice, shall be fined not less than
twenty nor more than fifty dollars ; and the wharfinger shall have
authority to remove all obstructions, as provided in ordinance
relative to pounds.
See Nob. 1030, 1031, and "Pounds," p. 207.
Repealing clause. No. 963. (5.) All ordinances or parts of ordinances, con-
flicting with the provisions of this ordinance, are hereby repealed.
City Ordinance, No. 3151. Approyed Dec. 19, 1856.
For their duty relative to the batture, etc., see No. 68.
" " " to flatboat basin, etc., see p. 110.
See "Harbor Masters," p. 118.
See " Master and Wardens," p. 157.
WHARVES, WHARFAGE, PORT, ETC.
Sale of revenue No. 964. (1.) Be it ordained, by the common council of the
of wharves. v y ' ^
city of New Orleans, that the comptroller of said city shall, within
sixty days after the passage of this ordinance, and the approval
thereof by the mayor, and after twenty days notice thereof, given
by publication in the ofiicial journal, adjudicate and sell at his
office, to the highest bidder, and in accordance with the stipula-
tions herein contained, the revenues of the wharves of said city,
collectable under existing ordinances, upon all ships, vessels,
steamships, steamboats, flatboats, and water craft, of any and
every description whatsoever, for the term of three years, com-
piencing on the 1st day of October, 1855, and ending with the
30th day of September, 1858.
Wharves divided No. 965. (2.) That for the purpose of said adjudication and
into SIX sections. ^^^^^ ^^^ wharvcs of Said city shrll be divided into six sections,
as follo|rs :
First section. See. Ist, shall comprise all the wharves and landings of said
city, lying and being upon the Mississippi river and contained
WHARVES, WHARFAGE, PORT, ETC. 333
within the upper or southern limit of said city, and the upper
line of Felicity Road.
Sec. 2(L shall comprise all the wharves and landings of said Second section,
city, lying and being upon the Mississippi river, and contained
within the upper limit of Felicity Road and the lower line of
North Market street.
Sec. 3d, shall comprise all the wharves and landings of said Third section,
city, lying and being upon the Mississippi river, and contained
within the lower line of North Market street, and the upper line
of that part of the river front of said city, which is appropriated
to the Canal street ferry.
Sec. 4th, shall comprise all the wharves and landings of said Fourth section,
city, lying and being upon |the Mississippi river, and contained
within the lower line of that portion of the riverfront of said city
which is appropriated to the Canal street ferry and the lower line
of Toulouse street.
Sec. 5th, shall comprise all the wharves and landings of said Fifth section,
city, lying and being upon the Mississippi river, and contained
within the lower side of Toulouse street, and the upper line of
that portion of the river front of said city, which is appropriated
to the Esplanade street ferry, and excepting therefrom that por-
tion of the river front which is, or may hereafter be appropriated
for a ferry, to an extent of not more than one hundred and fifty
feet at the foot of St. Ann street.
Sec. 6th, shall comprise all the wharves and landings of said Sixth section,
city, lying and being upon the Mississippi river, and contained
within the lower line of that portion of the river front of said city,
which is appropriated to the ij^planade street ferry, and the lower
or northern limit of said city.
No. 966. (3.) That said comptroller shall adjudicate and sell how to be sold.
as aforesaid, the revenues collectable, as aforesaid, within the va-
rious sections set forth in the second section of this ordinance,
separate and apart; commencing with section first, and ending
with section sixth, as set forth in said second section.
No. 967. (4.) That each and every person to whom shall be Subrogation of
adjudicated and sold, as aforesaid, the revenues collectable, as
aforesaid, within the various sections set forth in section second
of this ordinance, shall be subrogated to all the rights and privi-
leges of the city of New Orleans, to sue for and to collect said
revenues.
No. 968. (6.) That each and every person to whom shall be Vendee not to
adjudicated and sold, as aforesaid, the revenues collectable as cht^V^ ^ ^^^'
334 WHARVES, WHARFAGE, PORT, ETC.
aforesaid, within the various sections set forth in section second
of this ordinance, shall not sell, transfer, assign, set over, or sub-
lease his or their right, title or interest in the same to*ny person
i or persons whatsoever; and that in case of any sale, transfer,
^ assignment or sublease made by any person or persons of the
rights or interests acquired under and by virtue of this ordinance,
such sale, transfer, assignment or sublease shall work a forfeiture
of said rights and interests so acquired as aforesaid, and the same
shall revert to the city of New Orleans.
What the city re- No. 969. (6.) That the city of New Orleans reserves to her-
self, and excepts from said sale, each and every ferry landing and
ferry wharf now existing, and each and every nuisance wharf now
existing, and all revenues arising from the same. The common
council also reserves the privilege of changing the location of
the ferry landing in the fourth district, provided the same shall
not occupy more space than where it now is.
Purchasers to ' No. 970. (7.) That each and every person to whom shall be
give on s. adjudicated and sold, as aforesaid, the revenues collectable, as
aforesaid, within the various sections set forth in section second
of this ordinance, shall give bond, with good and sufficient secu-
rity, to be approved by the common council, in an amount equal
to one-fourth part of the price of said adjudication and sale, and
conditioned for the true and faithful performance and fulfillment
of all acts and obligations required to be performed and fulfilled
on the part of said person or persons by this ordinance.
To give promis- No. 971. (8.) That each and every person to whom shall be
sory notes. ^ .
adjudicated and sold, as aforesaid, the revenues collectable, as
aforesaid, within the various sections set forth in section second
of this ordinance, shall give therefor his or their promissory notes,
endorsed to the satisfaction of the common council, in an amount
equal to the purchase price of the revenues so adjudicated and
sold, as aforesaid.
How payable, No. 972. (9.) That the notes required to be given by section
seventh of this ordinance shall be divided into a series of thirty-
six in number, and made payable in fifteen days, one, two, three,
four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty,
twenty-one, twenty-two, twenty-three, twenty-four, twenty-five,
twenty-six, twenty -seven, twenty-eight, twenty-nine, thirty, thir-
ty-one, thirty-two, thirty-three, thirty-four and thirty-five months
after date ; and that such of said notes as shall be made payable
in the months of January, February, March, April, May and
WHARVES, WHARrAGE, PORT, ETC. 385
June of each year, shall be drawn payable each in an amount
equal to one-twenty-seventh part of the purchase price of the rev-
enues so adjudicated and sold, as aforesaid, and that such of said
notes as shall be made payable in the months of July, August,
September, October, November and December of each year, shall
be drawn payable each in an amount equal to one-fifty-fourth
part of the purchase price of the revenues so adjudicated and
sold, as aforesaid.
No. 973. (10.) That each and every person to whom shall wharves to be
be adjudicated and sold, as aforesaid, the revenues collectable as orderl'^ ^°°
aforesaid, within the various sections set forth in section second
of this ordinance, shall accept and take possession of the wharves,
landings and levees contained within the section or sections
whose revenues are to be adjudicated and sold on the 1st day of
October next; that said wharves, landings and levees shall be
accepted in the condition in which the same may be in on said
1st day of October next ; and that said person or persons, so ac-
cepting and taking possession of said wharves, landings and
levees, shall repair the same and keep the same in good order and
condition during the whole term of three years, commencing with
the said 1st day of October, 1855, and ending with the 30th day
of September, 1858. Provided, that the lessees shall have no
right to build any shed, warehouses or platforms on said levee,
without the permission of the common council.
No. 974. (11.) That the levees named in section tenth of how far levees to
this ordinance, shall extend back to the line of the street or ^^*®^'^-
streets fronting the river; that is to say the levee comprised
within section No. 1, shall extend back to the line of Water
street, from the upper line of the fourth district to Adele street,
and to Tchoupitoulas and New Levee streets, from Adele street
to Felicity road ; the levee comprised in section No. 2 shall ex-
tend back to the line of New Levee street from Felicity road to
Kace street, and to Front levee from Race street to North Market
street ; the levee comprised in section No. 3 shall extend back to
the line of Front street from North Market to Canal street; the
levee comprised in sectiom No. 4 shall dl:tend back to the line of
Front street from Caual to Customhouse streets, and to New
Levee street from Customhouse to Toulouse street; the levee
comprised in section No. 5, shall extend back to the line of Old
Levee street; the levee comprised in section No. 6, shall extend
back to public road or New Levee street.
336
WHARVES, WHARFAGE, PORT, ETC.
Levee repairs in
what to consist.
Wharf repairs.
Wharf repairs.
No. 975. (12.) That the repairs of the levees required to be
made under section tenth of this ordinance, shall consist in
grading the same according to the grades already established ; in
covering the same with hard substances, such as lake or oyster
shells and gravel ; in keeping the same always in good order, by
filling up all holes on their first appearance, with hard substances
as above mentioned ; in filling up with river sand all parts of the
same which may cave in or sink below the grades aforesaid ; and
in keeping the bulkheads on the outside of the same, always in
good order and condition.
No. 976. (13.) That the repairs of the wharves required to
be made under section ninth of this ordinance, shall consist in
repairing all holes in the flooring of the wharves and inclined
planes immediately on their first appearance ; in raising all por-
tions of the wharves which may have sunk, or which may sink
below the levels now established ; in taking out and renewing all
caps and stringers, piles, fender piles, flooring, etc., which may
be found rotten or decayed; in building anew all wharves, which,
from general decay, may require the same; and in extending into
the river all wharves which may require extension, so as to have
at all times a depth of water of twenty feet at the water line of
each and every wharf used for the landing and discharge of ships,
and a depth of water of ten feet at the water line of each and
every wharf used for the landing and discharge of steamboats.
No. 977. (14.) That in making the repairs required by sec-
tion twelfth of this ordinance, the piles used shall be of lake or
river timber, of the best quality, eleven by eleven inches square
at one end, and nine by nine inches square at the other end, and
shall be driven from fifteen to twenty feet into the solid ground,
at distances of ten feet from the centers ; the heads of the piles
shall be squared according to the levels to be given by the city
surveyor, and shall receive and support eleven by eleven inches
square caps, which shall be strongly fastened to each of said
piles with drag nails, one inch square by eighteen inches long.
The stringers used shall be at least ten inches square, shall rest
at right angles upon the caps, at distances of five feet from the
centers, and shall be strongly fastened at each intersection with a
cap with drag nails, one inch square by sixteen inches long. The
planks used for the flooring shall be of yellow pine, of the best
quality, twelve inches wide by three inches thick, and not less
than fifteen feet long; they shall be strongly nailed to each of the
WHARVES, WHARFAaE, PORT, ETC 337
stringers with seven inch pressed spikes, two at each end of eacli
plank, and one at each intersection of the stringers.
No. 978. (15.) That each and every wharf used for the land- wharf repairs,
ing and discharge of steamboats, shall have an inclined plane
projecting from the foot thereof, of at least thirty feet in width;
that on the outside of said inclined plane, and adjoining the last
row of piles thereof, there shall he driven a row of piles, which
shall receive a cap eleven-by-eleven inches square, with nine
inch tenants and mortices, and on the top of said cap shall rest
a fender cap twelve inches square, which shall be fastened to the
two other caps, at a distance of five feet, with screw bolts of one
and one-half inches in diameter, and of suitable lengths ; that the
four rows of piles of each inclined plane shall be braced every
ten feet with ten-by-ten inch braces, which shall be fastened to
each pile with screw bolts, of one inch diameter, and of suitable
length ; and that each and every person who shall accept and
take possession of said wharves, in accordance with section ninth
of this ordinance, shall repair and keep in good order and
condition, during the whole of said term of three years, such
ininclined planes aforesaid as do now exist connected with the
wharf or wharves so accepted and taken possession of; and
in case there shall be no inclined plane as above required,
at the time* of accepting and taking possession of said wharf
or wharves, as aforesaid, then that each and every person so
accepting and taking possession of the same, shall cause said
inclined plane or planes to be built, at his or their expense, and
shall keep the same in repair as aforesaid, during the whole of
said term of three years.
No. 979. (16.) That at each and every wharf used for the wharf repair?.
landing and discharge of ships, a row of fender piles shall be
driven, each pile ten feet apart, and fastened in a strong manner
to the piles of the wharves with at least two screw bolts of one
and a half inches in diameter ; that on the front of said wharves
two fender caps shall be placed, one on a level with the flooring of
the wharf, and the other at five feet above low water mark ; said
fenders to be twelve-by-twelve inches square, and to be fastened
to the piles of the wharf with screw bolts one and a half inches
in diameter, and that each and every person or persons who shall
accept and take posession of said wharves, in accordance with sec-
tion tenth of this ordinance,shall repair and keep in good order and
condition during the whole of said term of three years, such fender
piles and fender caps as do now exist, connected with the wharf or
43
338
WHAKVES, WHARFAGE, PORT, ETC.
Wharf repairs.
Wliarf repairs.
wharves so accepted and taken possession of; and in case there
shall be no fender caps, as above required, at the time of accepting
and taking possession of said wharf or wharves, as aforesaid, then
that each and eVery person so accepting and taking possession of
the same, shall cause said fender piles and fender caps to be driven
and placed, as above required, at his or their own cost, and
shall keep the same in repair during the whole of said term of
three years.
No. 980. (17.) That at each and every wharf used for the
landing and discharge of steamships, fenders shall be driven at
equal distances of twenty feet ; that each fender shall be com-
posed of four poles cleven-by-eleven inches square, strongly
fastened together and to the wharves, with at least six screw bolts
of one and a half inches in diameter; that the four outside rows
of piles of each and every wharf used for the landing and dis-
charge of steamships and of ships, shall be braced every ten
feet with ten-by-ten inch braces, which shall be fastened to each
of said piles with screw bolts of one inch in diameter. And
that each and every person who shall accept and take possession
of said wharves in accordance with section ninth of this ordi-
nance, shall repair and keep in good order and condition during
the whole of said term of three years, such fenders and braces
as do now exist connected with the wharf or wharves so accepted
and taken possession of; and in case there shall be no fenders or
braces, us above required, at the time of accepting and taking
possession of the same, shall cause said fenders to be driven, and
said braces to be made at his or their own cost, and shall keep
the same in good repair during the whole term of three years.
No. 981. (18.) That on all the wharves which shall be ac-
cepted and taken possession of, in accordance with section ninth
of this ordinance, mooring piles, twelve inches square, shall be
driven as follows, to wit : On the steamboat wharves, single piles
along the inclined planes at distances of forty feet from the cen-
ters ; on the steamship and ship wharves, double piles whereso-
ever the harbor master shall direct. That each of the aforesaid
mooring piles shall be strongly fastened to the piles of the
wharves, with at least ten sound bolts of one inch in diameter,
and shall project three and a half feet above the flooring of the
wharves, and that each and every person who' shall accept and
take possession of said wharves, in accordance with section ninth
of this ordinance, shall repair and keep in good order and condi-
tion, during the whole of said term of three years, such mooring
WHARVES, WHARFAGE, PORT, ETC.
339
piles as do now exist, connected witli the wliarf or wharves so
accepted and taken possession of, and in case there shall be no
mooring piles, as above required, at the time of accepting and
taking possession of said wharf or wharves as aforesaid, then
that each and every person so accepting and taking possession of
the same, shall cause said mooring piles to be driven and fasten-
ed at his or their own cost and shall keep the same in good
repair during the whole of said term of three years.
No. 982. (19.) That all works and repairs required to be works and re-
done by this ordinance, shall be done binder the supervision of whose supervi-
the surveyor and of the committee on streets and landings of the
two boards of the common council ; and in case of refusal on the
part of ^aid lessees, to make said repairs, it shall be the duty of
the surveyor to have them made forthwith at the expense of
saicnessees".
No. 983. (20). That all works and repairs required to be Repairs and no-
done by this ordinance, shall be done by the parties bound to do
the same, without any delay after ngtice thereof is given by the
surveyor, with the approval of the committee of streets and land-
ings of the common council.
No. 984. (21.) That the common council may revoke, set consequence of
aside, and annul any sale, made under and by virtue of this ^^^^^ o repair.
ordinance, of revenues collectable in either or any of the sections
set forth in section number two of this ordinance, whenever the
party or parties purchasing shall neglect or fail to make, within
a reasonable time, the works and repairs required to be done by
this ordinance, or may have the required work or repairs done at
the expense of said party or parties, or may resell the said sec-
tion or sections for account and risk of said defaulting party or
parties.
No. 986. (22.) That the common council may revoke, set Failure to pay
aside and annul any sale made under or by virtue of this ordinance,
of revenues collectable in either or any of the sections set forth
in section number two of this ordinance, whenever the party or
parties purchasing shall neglect or fail to pay at maturity any
note given in part p'ayment of the purchase price of said revenues
collectable as aforesaid, and thereupon the city may take imme-
diate possession of the wharf or wharves, landings and levees,
within said section or sections, as are described in section number
two of this ordinance, and proceed to collect the revenues coUec
table within the same.
S40 'WHARVES, WHARFAGE, PORT, ETC.
Spars, timbers, No. 986. (23.) That each aud every person who sliall accept
p an s, e c. ^^^ ^^^^ possession of the aforesaid wharves, in accordance with
section ten of this ordinance, shall be furnished by the surveyor
with an inventory of all spars, timbers, stage planks, etc., used
for mooring vessels and for stagings for vessels, and shall give to
the surveyor a receipt for the same, and shall at all times keep on
hand for the use of vessels a sufficient supply of the same, and
shall return to the city at the end of their lease an inventory of
equal amount and value of the same.
ReaponsiUiity io No. 987. (24.) That «ach and cvcry person wlio shall accept
damages. ^^^ ^^^^ posscssiou of the aforcsaid wharves, landings and levees
in accordance with section tenth of this ordinance, shall be re-
sponsible for all damages which may be claimed of the city by
any party or parties who may sustain injury in consequence of
the neglect of the aforesaid person or persons, to comply with the
requireulcnts of this ordinance.
Removal of mer- ^0. 988. (25.) That no person or persons, to whom shall be
c andise,eto. adjudicated and sold, as aforesaid, the revenues collectable as
aforesaid, within the various* sections set forth in section second
of this ordinance, shall order oif or remove from any wharf or
wharves within either of said districts, any articles of freight or
merchandise landed upon the same from any steamboat until
twenty-fours after said steamboat shall have fully discharged her
cargo.
See "rounds," p. 207.1
Toiicc reguia- • No. 989. (26.) That all the aforesaid wharves, landings aud
agrdues^ ^^^^^' Icvccs, shall coutinuc subject to the police regulations now gov-
erning the same, aud under existing ordinances, and no change
shall be made without the consent of both parties ; that all ships
and other water craft shall pay the dues, collectable under exist-
ing ordinances, to the lessee of the revenues of the district in
which they fall due, and that in case of removal of any ship or
water craft from one district to another, the dues so collectable
shall be divided pro rata between the lessees of the revenues of
the district in which the ships or vessel may lie, according to
the number of days said ship or vessel shall lie and be within
the several districts.
Saie^ not to be No. 990. (27.) That no adjudication or sale of the revenues
collectable as aforesaid, within the various sections set forth in
section second of this ordinance shall be valid, unless the aggre-
gate amount of all the sales to be made as aforesaid equals the
sum of three hundred and fifty thousand dollars.
valid, etc.
WHAHVES, WHARFAGE, PORT, ETC. 341
No. 991. (28.) The common council shall have the right to RiKhtto reject
n ^ -I- T ' 1 • n ' • i ^ adjudications.
reject any or the adjudications made m conformity with the
present ordinance.
No. 992. (29.) That all ordinances and parts of ordinances, Repealing clause,
rules and regulations that are contrary to the provisions of this
ordinance be, and the same are hereby repealed.
City Ordiaance, No. 2364. Approved August 16, 1855.
No. 993. (1.) From and after the passage of this ordi- Wharfage dues,
nance, the levee or wharfage rates on ships or othep sail
vessels, steamships, steamboats, flats, mrges and other crafts,
shall be fixed as follows :
On all ships or sail vessels of one thousand tons and under,
twenty-five cents per ton.
Excess of tonnage over one thousand tons, twenty cents
per ton.
On all steamships, seventeen and one-half cents per ton.
On all steamboats of one thousand tons and under, fifteen
cents per ton.
Excess of tonnage over one thousand tons, ten cents per ton.
On each flatboat not measuring over eighty feet, ten doUai-s.
On each flatboat measuring over eighty to one hundred feet,
twelve dollars.
On each flatboat measuring over one hundred feet, fifteen •
dollars. ^
On each barge more than seventy feet long, twelve dollars.
On each barge less than seventy feet and not exceeding fifteen
tons burthen, eight dollars.
On each steamboat hull used as a barge, twenty-five dollars.
On each scow and coastwise pirogue, two dollars.
For every flatboat, barge, or other vessel^ not including steam-
boats, employed in transportation of brick, lumber, or other
building materials, or in bringing produce from this and neif>-h-
boring parishes to the city, and measuring not over ftwenty-five
tons, the levee and wharfinger dues shall be thirty dollars per
annum.
From twenty-five to fifty tons, sixty dollars per annum.
Over fifty and not exceeding seventy-five tons, eighty dollars
per annum.
Over seventy-five and not exceeding one hundred tons, one
hundred and twenty-five dollars per annum.
Over one hundred tons, two hundred dollars per annum.
Amended, see No. 999, et seq.
342 WHARVES, WHARFAGE, PORT, ETC.
Small crftft. No. 994. (2.) Eveiy proprietor of any small craft of the
description above mentioned, wlio shall desire to enjoy tlie
privilege accorded by tlie present ordinance, must apply to the
treasurer of the city of New Orleans for the purpose of obtaining
a license, approved by the mayor and countersigned by the
comptroller, which license shall specify the number or name of
such craft, which shall be painted in a conspicuous place on the
side of said craft.
How long to re- No. 995. (3.) Hereafter it shall not be lawful for any
main in por . pirogue, flatboat, barge,j^boat or keelboat, to remain in port
longer than eight days, under the same provisions and penalties
contained in article three of an ordinance of the general council,
approved May 26, 1843.
How long to re- No. 996. (4.) That the payments on levee dues on ships,
main m port. ^^, g^- j y^gg^jg^ steamships or steamboats, shall be exacted and
collected by the collectors of levee dues, and an extra duty of
one-third these rates shall be paid by all sail vessels or steamships
which may remain in port over two months, the same to be
recovered at the commencement of the third month ; and if over
four months, an additional duty of one-third these rates.
Steamboats shall be entitled to remain thirty days in port
after the payment of the dues. All over five days to pay an
additional duty of two dollars per day.
No. 997. (5.) That all vessels now in port, and that have
paid a daily or weekly wharfage, shall be allowed (and the col-
lectors are hereby authorized) to deduct the amounts so paid
from the rates now to be collected.
Repealing clause. No. 998. (6.) All ordinances or parts of ordinances con-
flicting with the foregoing be, nnd the same are hereby,
repealed.
City Ordinance, No. 279. Approved Sept. 21, 1852.
The Office of Collector has been abolished by Ordinance, No. 2420.
Wharfage dues. No. 999. From and after the first of January, 1853, the
levee or wharfage dues on ships, and other decked vessels, and
steamships, arriving from sea, shall be fixed as follows : On all
vessels of one thousand tons and under, twenty cents per ton ;
and excess of tonnage over one thousand tons, fifteen cents per
ton. On all steamships navigating the Grulf of Mexico or the
ocean, fifteen cents per ton.
Wharfage dues. '^^- 1000. (2.) From and after the first of January, 1853,
the levee dues on all steamboats which shall moor or land in
any part of the port of New Orleans, shall be fixed as follows :
WHARVES, WIIARrAGE, VOMj ETC. 84^
Ten cents per ton, if in port not over five clays ; and five
dollars per day after said five days sliall have expired. Provided
that boats arriving and departing more than once in each week
shall pay only seven cents per ton each trip.
Amended. See No. 1002,
No. 1001. (3.) From and after the first of January, 1858, Wharfage dues.
the levee dues on flatboats, barges, etc., fully or in part laden
with produce, materials, or merchandise of any kind, shall be
as follows : Flatboats, not measuring more than eighty feet, eight
dollars ; eighty to one hundred feet, <ten dollars ; one hundred
feet and over, thirteen dollars. On each barge, measuring less
than seventy feet, and not over twenty tons, eight dollars. On
each steamboat hull, used as a barge, twenty-five dollars. On
each scow, or coasting pirogue, two dollars.
(4.) That so much of all existing ordinances as arc incon- Repealing clause,
sistent with the provisions of this ordinance, be and are hereby
repealed.
City Ordinance, No. 640. Approved February 11, 1S53.
No. 1002. That the ordinance regulatino; levee and wharfaae Wharfage dues
° P '"^ on steamboats.
dues, passed February 11, 1853, be so amended that the second
section read thus — ^^Ten cents per ton if in port not over five
days, and five dollars per day after said five days shall have
expired.'^
Provided, That boats arriving and departing more than once
in each week shall pay only seven cents per ton each trip ; and
provided, further, that boats making three trips per week shall
pay five cents per ton each trip.
City Ordinance, No. 228.
No. 1003. From and after the passage of this ordinance, wharfage dues
the wharfage or levee dues on all th^ barges measuring over one °" *^^*^^*
hundred tons shall be twenty-five dollars.
City Ordinance, No. 691.
No. 1004. From and after the passage of this ordinance Dues on pirogues,
all pirogues of from five to fifteen tons, trading with the city, shall
be required to take out a license for such privilege, which license
is hereby fixed at twenty dollars per annum ; and should the
owner or owners of any pirogue fail to take out such license, he
or they shall pay a fine of fifty dollars.
That all pirogues of the above dimensions, trading with the Pirogues to be
city under license, shall be properly and conspicuously numbered
on both ends, under a penalty of fifty dollars.
City Ordinance, No. 719.
S44 WfiARVES, WHARFAGE, PORT, ETC.
Tow boat No. 1005. (1.) That the surve;for be, and is hereby author-
ized to cause to be repaired or fitted up, four wharves below
Louisa street, in the third district, the said wharves to be des-
tined for the accommodation of tow-boats, in laying to and
making up and arranging their tows for departure.
See No. 1018 and 1019.
Not to use other No. 1006. (2.) That after the said whai'ves shall have been
so prepared, vessels employed as towboats to and from the sea,
shall not be permitted to use any other wharves or portion of the
harbor of New Orleans, f(ir the purpose of making up tows, un-
less by express permission of the harbor master of the district
where other wharves than those specially assigned to them may
be so used.
Sec. 3, repealed. See No. 1008.
Towboats viola- 1007. (4.) That every towboat found in contravention with
mg or mance, ^|^^ above provisions, shall be liable to a fine of fifty dollars, and
that it shall be the duty of the collectors of levee dues in the sev-
eral districts, to report by name to the city comptroller, in the
month of January of each year, and from time to time, as occa-
sion may require, every boat employed as aforesaid in the towage
of vessels to and from the sea, and also report to the city attorney
every case of contravention with the above provisions.
City Ordinance, No. 549.
Office of collector abolished by city ordinance, No. 2420.
Repeaiingcerlain No. 1008. (1.) That the third Section of ordinance No. 549,
ordinances. , ■ -^ ^ '
relating to towboats, be, and the same is hereby repealed.
Tax on tow boats. No. 1009. (2.) From and after the first day of January
next, every boat employed in the towage of vessels to and from
the sea, shall be subject to a tax of one hundred and fifty dollars
per annum, to be paid int(5 the city treasury by the owner or
owners thereof, under a license given by the comptroller, and
mentioning the name of the boat so licensed.
City Ordinance, No. 878. Enacted 30th May, 1853.
Boats laying up. No. 1010. That the wharfmaster of the fourth district be
authorized to allow steamboats laying up for repairs during the
summer months, to occupy such wharves as may not be required
for shipping, at the following rates of wharfage :
For thirty days' use of wharf, or under 82 00 per day.
For sixty " '' '' '' 1 50 per day.
For ninety '' " '' " 1 00 per day.
City Ordinance, No. 2272.
WHARVES, WHARFAGE, PORT, ETC* 345
No. 1011. That from and after the first day of November, 1853, Fiat boats break-
all owner or owners of flatboats, breaking up the same for making
cord wood, plank or otherwise, within the incorporated limits of
the city of New Orleans, shall pay a wharfage tax of four dollars
each on every one so broken; and on every log or tree brought
down by raft or otherwise, to be sawed or cut up for cord wood,
timber, plank or shingle, a wharfage tax of ten cents per log or
tree ; and all persons refusing to pay over to the collector of said
tax the amount specified in this resolution, shall be immediately
sued for the same, and also be subject to pay a fine of ten dollars '
for each flatboat or raft so broken up for said use, to be recovered
before any court of competent jurisdiction.
City Ordinance, No. 1178.
No. 1012. That ordinance No. 68, approved June 2, 1852, to repeal certain
entitled, "An ordinance to provide for the collection of levee ^^ i"*^^*'^-
dues,'' be, and the same is hereby repealed.
City Ordinance, No. 2420.
The port of the fourth district shall be divided as follows : riatboatiandini?.
No. 1013. (1.) All that part between First and Sixtlistreets
for flatboats, to load and unload their cargoes, except such
wharves as in the judgment of the harbor master may be im-
practicable for such purposes.
No. 1014. (2.) That such wharves between Second and swps and steam-
Sixth streets as can not be used for loading and unloading flat- ^^^^'
boats, may be appropriated to the use of ships and steamboats.
No. 1015. (3.) The balance of the port, from Sixth street to Breaking up
the upper line of the fourth district, shall be used for breaking
up flatboats, and no person or persons shall be permitted to break
up any flatboats or other boats in any other part of the port
under a penalty of fifty dollars for etich and every off'ense, re-
coverable before any court of competent jurisdiction, for the use
of the city.
No. 1016. (4.) All flatboats, keelboats or barges, laden in
whole or in part with the following designated articles, shall, in piatboat.etr.,
future, land and discharge their cargoes within the limits of the '»"^^>"5-
third and fourth districts, set apart for such purposes, viz : cotton,
hay, grain in the ear, apples, potatoes, lumber, hoop poles, staves
and mixed hay grain in cargoes for trading purposes. ]5oats other-
wise loaded may land as heretofore, in the respective districts.
City Ordinance, No. 661. Approved March 5, 1853,
S«e Flatboat Basin p. 110.
44
346 WHARVES, WHARFAGE, l>ORa:', ETC.
Steamship land- No. 1017. That resolution No. 899, authorizing the survey-
or to prepare wharf No. 1, in the first district, for the accommo-
dation of steamships be, and the same is hereby repealed.
That the surveyor be, and he is hereby empowered to prepare
and connect wharves Nos. 2 and 3, in the first district, for the
accommodation of steamships.
City Ordinance, No. 1102.
Extension of No. 1018. (1.) That the steamboat landinp; of the second
steamboat land- ^. . ^ ^ . • i i i i • i i ii
ing. . district be, and the same is hereby extended so as to include all
that portion of the landing of said district lying below said steam-
boat landing and Jefferson street, and from thence to the steamship
wharves of the said district, shall be a landing for schooners
bringing sugar.
Amended. See No. 1021.
Schooner landing No. 1019. (2.) That the present towboat landing in the
third district be, and the same is hereby set apart for and de-
clared to be a landing for schooners.
Towboat landing. No. 1020. (3.) That the three wharves for the accommodation
of towboats be built under the contracts to be sold for building and
repairing the wharves, to be located below Independence street.
(4.) That this resolution shall go into effect as soon as said
towboat wharves shall be completed.
City Ordinance, No. 1588. Approved June 23, 1854.
Amending No. No. 1021. That Ordinance No. 1588, passed June 24, 1854,
providing for the removal of the Picayune Pier from the second
district be, and the same is hereby repealed.
City Ordinance, No. 1843.
Schooner and No. 1022. That the present landing of sca-going schooucrs,
ing! except coasters to Barataria, Attakapas and Calcasieu (commonly
called lower Picayune Pier) be removed to its former place, say
opposite the meat market, between St. Ann and Dumaine streets,
and that the landing of steamboats and coasters be extended to
the foot of Jefferson street.
. City Ordinance, No. 1977.
Whereas, The regular steam packets between this port and
Natchez, Vicksburg, Lake Providence, Princeton and Memphis,
have hitherto been much inconvenienced, and have sustained
great loss of time and money by the uncertain and limited accom-
modations of levee room, in the discharge of their cargoes, and
Whereas, By the encroachments upon the levee by the sale of
batture property of the past season, by which it has been greatly
curtailed, much fear is apprehended by the proprietors of the
WHARVES, WHARFAGE, PORT, ETC. 347
aforesaid packets, that the difficulty of obtaining such landing
and levee room as will insure the discharge of the cargoes, will
be much increased, and
Whereas, In consequence of the large amount of wharfage
paid weekly and semi-monthly by the packets for nearly the
entire year, all reasonable and proper facilities should be granted
them ; therefore, be it,
No. 1023. Eesohed, That from and after the first of Sep- steam packet
tember next, until the first of March, three hundred feet front ^^^^^°°-
of the wharf immediately adjoining and below the steamship
landing, in the first district, be appropriated exclusively for the
use of the aforesaid regular cotton packets, and that the wharf-
master of the first district be authorized to protect the boats in
the rights and privileges granted in this resolution.
City Ordinance, No. 1125. Approved July 28, 1853.
No. 1024. That as soon as the new nuisance wharf of the Pirogue landing,
second and third districts shall be built, the wharf in front of
Jackson square, near St. Ann street, be, and the same is hereby
appropriated to the use of pirogues and other small craft.
City Ordinance, No. 898.
No. 1025. That permission be, and the same is hereby, given Dry dock and tax
to Messrs. Snow, Grliddon & Co., to occupy, for a dry dock, one
thousand feet of the levee of the third district, (commencing at
the centre of the property formerly belonging to M. Andress, and
extending downward,) for the space of ten years from the date of
the approval of this resolution; on condition that said Snow,
Gliddon & Co. shall annually pay into the city treasury the sum
of one hundred dollars, and shall keep the levee in front of said
dry dock in constant good repair to the satisfaction of the surveyor.
City Ordinance, No. 665.
No. 1026. That a space of two hundred feet, commencing at steamboat land-
the upper line of the city, and from thence running downwards, ^°^*
be set aside as a steamboat landing, for the landing of stock, etc.,
and to be called ''The upper steamboat landing.^'*
Lafayette Ordinance, 1841, page 115.
*It was thought that no new ordinance could be framed from the
old ordinances relative to the several landings of different vessels, and
the rules governing them and the port, without affecting the rights of
the purchasers of the wharf contracts ; and the old ordinances of the
several corporations are entirely too numerous, vague and contradictory
for insertion in this work. We can here merely indicate the works in
which they may be found. — See Warfield's Digest of Ordinances, page
110 and 111 ; Southmayd's Digest of Ordinances, page 370 ; Collens and
Morel's Digest of Ordinances, page 149 ; Lafayette Ordinances, page 44
and 49 ; Ordinances of Second Municipality, No. 2553.
348
WHARVES, WHARFAGE, PORT, ETC.
NUISANCE WHARVES AND BOATS.
No. 1027. (These ordinances could not be incorporated in
this work— they are Nos. 49, 242, 359, 822, 921, 1109, 1182,
1389, 1501, 1542, 2267, 2598, 2660, at the City Hall.)
Vehicles on
■wharves.
Schooners. No. 1028. All licensed schooncrs, or Other craft trading ex-
clusively on the Mississippi river, and which may moor to the
wharves of the city of New Orleans, shall not remain at the
wharves of said city longer than eight days, after which time,
when ordered off by the wharfingers, they shall in case of refusal
to obey, be liable to a penalty of five dollars per day, for each
and every day they may remain after having been ordered off as
aforsaid, said penalty recoverable before any court of competent
jurisdiction.
City Ordinance, No. 2229.
No. 1029. From and after the passage of this ordinance, no
cart, dray, or other vehicle shall remain idly on the wooden part
of any of the wharves of the city, under a penalty of five dollars
for each offense ; and it shall be the duty of the wharfingers to
order off from said wooden parts of any of the wharves, all or any
idle cart, dray or other vehicle encumbering said wharves ; and
• should the person or persons thus ordered refuse to obey, the said
wharfinger, shall cause to be arrested the person or persons thus
contravening, and fined as aforementioned, which fine shall be
recoverable before any court of competent jurisdiction, for the
use of the city.
City Ordinance, No. 2577.
See '-Pounds," p. 207, and "Vehicles," p. 311.
Salt on levee. No. 1030. Under the direction of the wharfingers, the article
of salt may be, and the same is hereby, permitted to remain on
the Levee in such places between the wharves as said wharfingers
may designate, for a period of not more than fifteen days, under
a penalty of not less than twenty-five dollars, nor more than one
hundred dollars per day for every day thereafter it so remains,
. recoverable before any court of competent jurisdiction.
City Ordinance, No. 490.
See "Pounds," p. 207, and No. 962.
ir/iereas, by a resolution of the late first municipality council
adopted at their sitting of 17th July, 1851, permission was grant-
ed to the U. S. Mail Line Steamship Company to discharge and.
WHARVES, WHARFAGE, PORT, ETC. 349
land coal on the levee for the use of said steamers; And whereas,
the large quantity of coal constantly deposited under this permis-
sion proving seriously detrimental to the levee and to the injury
of the contractors for keeping in repair the levee and wharves,
and is beyond what was contemplated, be it therefore,
1031. Eewloed, That the permission granted to the U. S. Coai on levee.
Mail Steamship Company to discharge and land coal on the levee
for the use of said steamers be, and the same is hereby, so modi-
fied that no greater quantity of coal shall at any one time be landed
on the levee than may be considered by the city surveyor safe for
the levee to bear, said U. S. Mail Steamship Company being also
bound to make good all injuries arising from said deposit of coal;
and any infraction of this resolution shall be deemed sufficient
cause to annul the permission so granted to said U. S. Mail Line
Steamship Company.
City Ordinance, No. 309. *
See "Pounds," p. 207.
No. 1032. That the use of horses for loading and unloading iiorses for load-
of vessels in the second district be, and is hereby, permitted under ^°^'
such regulations as the wharfinger of the district may direct.
City Ordinance, No. 713.
For "Canal" regulations, see page 32.
Por Flatboats, Basin, etc., see page 110.
ACTS OF THE LEGISLATURE.
An act to amend an act entitled ''An act to amend the act entitled "An
act to incorporate the city of New Orleans," approved February 17,
1805, and other acts amending the same.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Assembly convened. That all vessels Vessels arriving
arriving in the port of New Orleans from sea, shall be considered as considered as ar-
having first moored within that municipality wherein they shall first n\^ipfiity^^^^^re
have commenced discharging their cargoes, or shall have remained they first dis-
forty-eight hours, and the removal of any such vessels, steamboats or °
other crafts from one part of the port to another shall only be made in Removals how
conformity to the ordinances that are now, or may hereafter be passed
by the general council, and the wharfage shall be divided between the
municipalities according to the ratio fixed -by said ordinances. — Acts of
1840, page 49.
Sec. 24. (1 .) A uniform rate of wharfage to be paid by ships, steam-
boats and other water crafts mooring or landing in front of all parts of
the city : Provided, that the said rate of wharfage shall be a fixed sum
for each and every entire day that the said ships, steamboats, and other
water crafts, remain in the said port. — Acts of 1850, p. 165.
350 WHARVES, WHARFAGE, PORT, ETC.
An act to amend the fifth section of an act entitled "An act to amend
the several acts to incorporate the city of New Orleans," and for
other purposes, approved March 9, 1827.
Section 1. Be it enacted hy the Senate and House of Eepresentatives of
Port how to be the State of Louisiana in General Assemble/ convened, That it shall be
dty^councH^ ^^^ ^^^® ^^^^ ^^ ^^^ ^^^'^ council of New Orleans so as to regulate the port
as to admit bhips and other sea vessels to moor along the levee, from
the lower limits of the port as far up as St. Louis street ; so as to
admit steamboats to moor along the levee between St. Louis and Gravier
streets, and to appropriate a space, in a central part of the levee, not
exceeding one hundred yards, for the exclusive accommodation of
packet steamboats (navigating the waters of Louisiana) arriving and
departing weekly on fixed days and hours. -»-Acts of 1835, p. 120.
An act to provide for a landing for the water crafts of planters, bringing
vegetables to market at New Orleans.
Section 1. Be it enacted hy the Senate and House of Representatives
of the State of Louisiana in General Assembly convened, That one third
of the space now granted by the city council of New Orleans for the
landing of the water craft of butchers, of pirogues bringing vegetables,
and of the peddlers' boats, shall hereafter be exclusively appropriated
for the landing of water craft of planters bringing vegetables to the
market of New Orleans, and that it shall be the duty of said city coun-
cil to pass an ordinance to insure to the said water craft of planters
the exclusive use of the space to them granted by this act, — Acts of
1830, page 88.
DECISIONS OF SUPREME COURT.
1. — The erection of wharves before the city of New Orleans and its
suburbs, at such places as commerce may require, is a legitimate
exercise of municipal power. — 6 R. R. 349.
2. — The corporation have the power to prescribe what portion of the
port shall be appropriated to particular craft and for what length of time
they may remain ; and if they exceed such time, to consider them as
nuisances, and cut them adrift or otherwise remove them.
3. — The ordinances of the second municipality of 1842, imposing a
wharfage charge on all packages landed in or shipped from the limits of
the municipality, do not conflict with the provisions of the United States
Constitution, which give Congress the exclusive power to regulate com-
merce.— 9. R. R. 324.
4. — The corporation is authorized to establish by ordinance a uniform
rate of wharfage, to be paid by ships, steamers and other vessels,
moored in front of any part of the city. — 2 Ann. 538.
5. — The authority to impose a wharfage, or charge on vessels
moored in the port of New Orleans, to defray the expenses of the
erection and maintenance of wharves and other works necessary for the
loading and unloading of vessels, etc., is not inconsistent with any law
WEIGHTS AND MEASURES. — INSPECTION OP. 351
of the State, or of the United States, nor with the Constitution of the
United States.— 2. Ann. 538.
6. —So much of a quay as is necessary for the public use of loading
and unloading vessels is public, and not susceptible of private ownership,
but the rest may be private property. The word quay means the levee
on the bank of the river, and the shore between the exterior of the
levee and the water. — 5 La. 132.
For other decisions, see "Batture," page 18; <'New Orleans," p. 165 ;
♦'Streets," page 292.
WEIGHTS AND MEASURES— INSPECTION OF.
ACTS OF THE LEGISLATURE.
An act relative to the inspection of Weights and Measures.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in general assembly convened, That the Governor, Register to make
at the expense of the State, shall procure or cause to be procured, one p^gt^ygar^^^oo^n
complete set of copper weights, to correspond with weights of their as possible,
like denomination used by the revenue officers of the United States, in
their offices, together with scales for said weights, and a stamp or seal,
with such device as the Governor may deem proper ; as also one com-
plete set of measures, calculated for dry, liquid and long measures, of
the same capacity, and length as those of their like denomination used
by such revenue officers aforesaid ; which set of weights and measures
together with the scales and stamps, shall be deposited in the office of
the secretary of State, to serve as a general standard of weights and
measures in this State.
Sec. 2. That it shall be the duty of the Governor to nominate and Sealersofweighls
by and with the advice and consent of the senate, appoint for each of how Appointed. '
the four districts of the city of New Orleans, a suitable person as a
sealer of weights and measures, and he shall appoint in like manner, a
person in each of the respective parishes of this State, each of whom Term of office,
shall hold the office for the term of two years.
Skc. 3. That it shall be the duty of the person thus appointed, to Duty of inspec-
visit all places of business, in their district or parish for which they *°^^"
are appointed, once in each year, and at any other time when on com-
plaint or by request, their services may be required, and to inspect all
weights and measures used in the places of business, and when found
to correspond with the standard of the State, to seal them or to give a
written certificate of their correctness ; but when found to disagree
with the the standard of the State, the inspector shall forbid their fur-
ther use, until they shall have been corrected, approved and sealed.
It shall also be the duty of the inspectors to attend upon all calls made
upon them for performing the duties of their office.
o52 WEIGHTS AND MEASURES— INSPECTION OF.
Penalty incurred Sec. 4. That it shall be the duty of each inspector to see that no
neglecting cer- Other weights and measures but those established by law, be made use
tain duties. ^^ within the limits of this State, and in case of negligence or breach on
the part of the inspector, he shall be condemned to pay a fine not
Regulations to be exceeding two hundred nor less than one] hundred dollars. The com-
mon council ^^°^' ^^^ council of New Orleans are authorized to pass regulations or ordi-
nances relative to the police of weights and measures, to insure within the
city of New Orleans the execution of this law.
Weights and Sec. 5. That each parish, as soon as practicable, shall be provided
padsh.'^^'' ^^^^^ ^t the expense of such parish, with a set of weights and measures, and
a stamp conformable to those hereinbefore set forth, the same to be
kept by the parish recorder.
Inspectors in N. Sec. 6. That the inspectors for the four districts of the city of New
cure^weighte aud Orleans shall procure a set of weights and %ieasures at the expense of
measures at ex- ^j^g ^^^^
pense of the city. -^
Sec. 7. That the appointed sealer of weights and measures shall be
entitl ed to and receive the following fees :
Fees. For each yearly visit and inspection of a full set of steelyards, or
of scales with their weights, or of balances with their weights, or of
a bushel measure and its parts, or of a gallon measure and its parts,
or a set of yard-sticks, they shall receive twenty-five cents, and no
more ; for sealing each weight and measure, five cents ; for the exami-
nation of each platform scale, cotton and tobacco scale, and its apparatus,
fifty cents, and for sealing the same fifty cents ; the fees in all cases
to be paid by the owners of the weights and measures inspected and
sealed. The stamp shall be impressed, and payment required for doing
the same only on such as have not been stamped, or such as having once
been stamped are found so defective as to require to be regulated with
the standard.
Vacancies, how Sec. 8. That in case of vacancy by death or resignation, the Gover-
^^^®^* nor shall have power to appoint.
Inspectors power Sec. 9. That the inspectors only shall have the power to stamp
and ^asures. ^ ^^^ weights and measures, and upon the stamp shall be the initials of
the inspector's name.
Penalty for buy- Sec. 10. That no person shall buy or sell any commodity whatsoever,
anv"other*°sta/- ^J weight or measure, which does not correspond with the aforesaid
dard. standard, or are not stamped after thd said parishes have procured the
standard of weights and measures as aforesaid ; nor shall keep any such
weights or measures for the purpose of buying or selling thereby, under
the penalty of fifty dollars for each offense ; besides the forfeiture of
the weights and measures found to be false, and of a fine of ten dollars
when the weights and measures shall be found to be just though not
stamped ; said fine to be recovered before any tribunal of competent
jurisdiction ; one-half to the benefit of the informer, and the other
half to the parish in which the offender resides ; all weights and
measures seized shall be forfeited for the benefit of the stamper, who
shall not return them into circulation until he has made them confor-
mable to his standard.
WORK-HOUSE, PRISONS, ETC. 353
Sec. 11. That whoever shall make, or cause to be made use of, or Penalty for using
shall utter false stamps or seals, shall, on conviction thereof, be subjected ggaig.^ amps or
to all the pains and penalties of forgery under the lavrs of this State.
Sec. 12. That it is forbidden to sell or cause to be sold, measures and Penalty for sell-
weights unless they have been tried and stamped, by persons appointed measures'and
for that purpose, under the penalties imposed by the second preceding weights.
section.
Sec. 13. That the person appointed to inspect and seal weights and What assistance
r rr l o inspectors may
measures, may employ assistance when necessary, at their own expense, employ.
but shall not commit their functions to a substitute without being subject
to dismissal from office by the Governor.
Sec. 14. That there shall be in this State, a dry measure, to be known Barrel, half and
under the name of barrel, which shall contain three and a quarter bush- ^^^^ ^^
els, according to the American standard, and shall be divided into half
and quarter barrels.
Sec. 15. That coal shall be sold by the barrel or bushel measure ; Coal, by what
grain shall be sold by the barrel, bushel or weight ; the legal weight of a ™^*s^^^ ^^^^-
bushel of wheat shall be sixty pounds ; of a bushel of corn fifty-six Legal weight of a
pounds ; of a bushel of oats thirty-two pounds ; of a bushel of barley ^^^"®^-
thirty-two pounds, and of a bushel of rye thirty-two pounds.
Sec. 16. That it shall be the duty of each inspector, in the city of Return to be
New Orleans, to make quarterly returns under oath, to the treasurer of ^y inspectors to
the State, of all the moneys collected for fines, together with a written gjjrer^**^^ ^^^^
statement thereof.
Sec. 17. That all laws contrary to the provisions of this act, and all Certain laws re.
laws on the same subject-matter, except what is contained in the Civil ^^^ ^^ '
Code or Code of Practice, be repealed, — Acts of 1855, page 360.
WOODEN BUILDINGS— See " Buildings,'' page 30.
WOEK-HOUSE, PEISONS, ETC.
No. 1033. (1.) From and after the passage of this ordinance City police jail,
the police jail of the second district shall be the police jail for
the whole city of New Orleans, and all the commitments made
by the recorders of the several districts shall be to said jail, and
that the power of release shall be vested in the recorder who
shall have made the commitment.
No. 1034. (2.) That the offices of keepers of the police jails Certain offices
of the first, third and fourth districts be, and they are hereby
abolished. And the chief of police be and he is hereby directed
45
354
WORK-HOUSE, PRISONS, ETC.
First district
lock up.
Warden and de-
puty warden.
to have all persons now in the police jails of the first, third and
fourth districts, removed to the jail of the second district.
No. 1035. (3.) That the building now used as a police jail
of the first district be, and the same is hereby appropriated as an
additional lock-up for said district. And all ordinances or parts
of ordinances contrary to the provisions of this ordinance be, and
they are hereby repealed.
City Ordinance, No. 1621.
No. 1036. (1.) From and after the passage of this ordinance,
and annually thereafter, the common council shall elect one war-
den and one deputy warden of the city work-house and prison, to
take office on the first day of May.
Duty of warden. No. 1037. (2.) It shall be the duty of the principal warden
of the work-house and prison to keep in secure custody all the
prisoners committed to the work -house and prison, according to
law ; to superintend their labor and employment ; to keep a reg-
ister of all the prisoners, and a list of all the tools and pro|)erty
committed to his charge for the use of the prisoners, or manufac-
tured by them, and to carry into efi'ect all ordinances of this
council relative to the custody, feeding, employment and disci-
pline of the prisoners.
No. 1038. (3.) He shall furnish a quarterly statement of all
expenses incurred, the amount of sales, of fees, etc., collected ;
together with a statement of the number of persons committed,
their ages, occupations, places of birth, and if citizens. Also, a
monthly account to the council of all expenses for prisoners'
clothing and material; and, for the faithful performance of his
duties he shall furnish security in the sum of five thousand dol-
lars.
No. 1039. (4.) It shall be the duty of the deputy warden to
assist the principal warden in the discharge of his duties, and
obey his directions, -and shall furnish security in the sum of one
thousand dollars.
Wardens officers. No. 1040. (5.) The principal warden shall have power to
appoint one clerk, eight under-wardens and two night-watchmen,
subject to the approval of the board of aldermen, and whose
duties shall be defined by the committees on prisons and court
houses of the council and the principal warden, and who shall
furnish security in the sum of five hundred dollars.
Amended. See No. 1063.
His reports.
Duty of deputy
warden, etc.
WORK-HOUSE, PRISONS, ETC. 355
- No. 1041. (6.) The salaries of the officers shall be as follows: Salaries.
Principal warden. $1500 per annum.
Deputy warden 900 ^^
Clerk " 700 '^
Under wardens, each 600 '^
Night watch, each., 540 '^
Amended. See No. 1054.
No. 1042. (7.) It shall be the duty of the principal warden. Neglect of duty.
in case of dereliction of duty, on the part of any of the officers
of said work-house and prison, to suspend such officer or officers
from duty, and at once report such suspension with the causes, to
the chairman of the committee on prisons and court-houses of
this council, who shall examine said charges, and report to the
common council.
No. 1043. (8.) The principal warden shall make out an es- supplies,
timate, monthly, for the supplies necessary, and shall ask an ap-
propriation from the council for the settlement of all bills month-
ly, upon a warrant from the comptroller, which shall be referred
to the council.
No. 1044. (9.) It shall be the duty of the principal warden Cannon to be
to have the cannon regularly fired in the yard of the work-house
and prison, according to the ordinance regulating the hour at
which slaves or blacks may be upon the streets.
No. 1045. (10.) The rate for keeping vagrants sent from the Vagrants from
parish of Je%p;on (not including the fourth district) shall be ferson.
twenty-five cents per day for each person.
No. 1046. (11.) That the committees on prisons and court-
houses of this council be authorized to furnish rules and regula-
tions for the government of the officers of the work -house and
prison, as well as rules as to the time which shall be' devoted to
labor by the prisoners.
City Ordinance, No, 351. Approved Nov. 5, 1852,
No. 1047. (1.) From and after the passage of this ordinance, Keport of corn-
it shall be the duty of the clerks of the recorders of .their res- °^*"*^^-
pective districts, to make out and furnish, once a week, to the
committee on work-house and prisons, a correct list of all persons
committed, to the city work-house by the recorders of the several
districts, stating what time sent to the work-house, and for what
length of time committed, their name, etc.
No. 1048. (2.) That the warden of the city work-house be, Wardens report,
and he is hereby rec][uired to make a correct report of all prisoners
856
WORK-HOUSE, PRISONS, ETC.
Provisions.
Requisitions.
Wardens ac-
counts.
Bepealing clause.
Officers of the
•workhouse.
received at the work-house of their several districts, once a
week, to be checked and balanced with the report of the record-
er's clerk, giving the name and the time committed, and when
discharged.
No. 1049. (3.) Hereafter the account of provision used for the
subsistence of prisoners in the city work-house shall be provided
for in the same manner as now is provided for in the commissary
of subsistence department of the United States Army^ supplying
rations for troops, etc., for each prisoner committed to the work-
house, and it shall be the duty to keep a correct account of ra-
tions served out per day, and report the total amount of prisoners
entitled to rations from week to week, stating total amount of
rations consumed by said prisoners.
No. 1050. (4.) From and after the passage of this ordinance,
all requisitions made by the warden of the work-house for mate-
rials or for provision for the use of the work-house, shall be made
by the consent of the committee on work-houses and prisons,
who shall alone purchase, or authorize to be purchased, such
supplies as may be necessary, and also to check and examine all
accounts and bills for provisions purchased, and report to the
council the appropriation that may be required for the payment
of such bills monthly.
No. 1051. (5.) It shall be the duty of the warden of the
work-house to keep a correct account of all old articles, viz :
engines, hose carriages, hose, furniture, etc., sent to or received
in the work-house ; he shall also keep, or cause to be kept, a book
containing a list of all such articles sent, and receipt for the same
when sent, and on the last day of each month to make a correct
report and account of such stock on hand, which shall,* by the
common council be ordered to be sold, and the amount of pro-
ceeds paid into the treasury of the city.
No. 1052. (6.) That all ordinances or parts of ordinances
conflicting with this ordinance be, and the same is hereby repealed.
City Ordinance, No. 1608. Approved June 24, 1854.
No. 1053. From and after the passage of this ordinance,
the officers and employees of the city work-house shall consist of
one warden, one deputy warden, six under wardens, two night
watchmen, which officers shall perform all the duties now im-
posed upon the officers of the said work-house by existing ordi-
nances, or those that may be hereafter passed, and it shall be the
duty of the warden or deputy warden to perform the duties of
clerk, which office shall be, and is hereby abolished.
WORK-HOUSE, PRISONS, ETC. 867
That all ordinances or parts of ordinances contrary to or
conflicting with this ordinance be, and they arc hereby repealed.
City Ordinance, No. 2150.
No. 1054. That from and after the first day of May salary of warden,
next, 1855, the salary of the chief warden of the city work-
house be, and the same is hereby fixed at twelve hundred dollars
per annum.
That from and after the first day of May next, it shall
be the duty of the chief warden of the city work-house to per-
form all the duties of clerk of the city work-house, together with
the duties appertaining to his said office of chief warden.
City Ordinance, No. 2139.
No. 1055. That the captains of police of the several districts charge for sup-
be, and are hereby allowed for the maintenance and support of ^^^ ° ^^ sonere.
prisoners in their charge, the sum of ten cents per day for each
and every prisoner. The vouchers for same to be presented
monthly, after having been approved by the chief of police.
City Ordinance, No. 450.
No. 1056. Hereafter the wardens of the city work-house Employment of
shall not be authorized to employ the prisoners confined therein
in the manufacturing of furniture or other work, unless, by
authority of an order from the committee on prisons and court
houses of this council.
City Ordinance, No. 399.
No. 1057. Any officer absenting himself from his post, in the officers absent-
employ of the city work-house without leave of the chief warden, '°^ ^™^^ ^^^'
shall lose the amount of his or their salary during said absence,
except in cases of sickness, and it shall be the duty of the clerk
of the city work-house, to report the same to the committee on
work-house and prisons, whenever the same may occur.
City Ordinance, No. 2520.
No. 1058. That the city physician be, and he is hereby Sick prisoners,
authorized to have removed all such vagrants and others, com-
mitted to the city work-house, who may be sick, to the charity
hospital, upon the written consent of the recorders so committing
said persons.
City Ordinance, No. 2615.
No. 1059. From and after the passage of this resolution, the sheriffs compen-
compensation of the sheriiF of the parish of Orleans, for the keep- i^ngprisoner^?*^'
ing of all prisoners in the parish prison, and for which the city
o58 WORK-HOUSE, PRISONS, ETC.
is liable, be, and the same is hereby fixed at twenty cents per
{lay for each prisoner, and no more; and that the jail, or turnkey's
fees on the release of each prisoner, shall not exceed twenty-five
cents.
City Ordinance, No. 2875.
An Ordinance to provide for the sale of the lease of the New Orleans
City Work-House.
Sale of lease of No. 1060. (1.) Bg it ordained that the comptroller is hereby
directed to sell at public auction, after ten days' notice in the
official journal, the contract for the lease of the city work-house
for the term of five years from the first day of August, 1856.
Said sale subject to the approval or rejection of the common
council, and upon the conditions hereinafter set forth.
Price— how pay- No. 1061. (2.) That Said sale shall be at so much per annum,
*^^^' for which the lessee shall give his notes payable monthly, and
endorsed to the satisfaction of the finance committees of the
common council, and further, said lessee shall enter into bond
with good and solvent security, to be approved by the finance
committees, in the sum of five thousand dollars for the faithful
performance of all the conditions of his contract.
Lessee ta take No. 1062. (3.) The Icsscc shall bind himself to take charge
c arge, e c. ^^ ^^.^ work-housc, and conduct it at his own expense and pay the
salaries of all officers provided by this ordinance, and expenses
for the maintenance of prisoners, and shall keep the buildings,
walls and fences in good order and condition during the whole
term of the lease.
Labor of prison- No. 1063. (4.) The labor of the prisoners shall be for the
benefit of the lessee, and he shall have the right to employ said
prisoners at any mechanical or other labor within the walls of
the prison, but no prisoner shall be compelled to labor more
than twelve hours per day.
Labor of prison- No. 1064. (5.) No prisoner shall be compelled to labor,
when in the opinion of the city physician, or the committees of
work -house and prisons, that such labor would be injurious to
health or dangerous to life.
Offlcere. No. 1065. (6.) That the lessee shall appoint, and at all
times have in charge of said work-house, one chief warden,
whose duty it shall be to take charge of and supervise all of the
affairs of said work-house. Also, five under wardens, who shall
assist him in the performance of his duties. Also, two night
watchmen, and all of said officers shall have the same police
powers and be commissioned as under existing ordinances.
WORK-HOUSE, PRISONS, ETC. 359
No. 1066. (7.) That the lessee shall neither receive nor Reception and
discharge any prisoners, except upon the order of a duly autho- oners, etc.
rized magistrate. Nor shall any fees or fines be collected from
prisoners, except, upon the written order of such magistrate,
and a true and just account shall be kept of all fees and fines
collected, and at the end of each and every week the same shall
be reported under oath to the comptroller and paid into the
treasury of the city.
No. 1067. (8.) That the lessee of said work-house shall Keeping ofpris-
receive all prisoners committed to the same by the various
magistrates of the city, and faithfully guard and keep them,
until discharged, by due process of law; and for each and every
escape from said prison, said lessee shall be liable for a fine of
twenty-five dollars, recoverable before any court of competent
jurisdiction.
No. 1068. (9.) That the lessee of said work-house shall fur- Their rations,
nish to the prisoners the same rations, clothes, etc., as are fur- *^°* *'''' ^^^'
nished under existing ordinances and regulations, and the same
shall be of a sound and wholesome character, and at all times
subject to the inspection of the commitlees of work-houses and
prisons.
No. 1069. (10.) That the city physician, mayor, recorders city officers to
and members of the council, shall at all times have free access ^^*^ ^*^^^''''^'
to the work-house, in order to ascertain if all the requirements
are complied with by the lessee.
No. 1070. (11.) That the common council shall have the Neglect of lessee
right, in case of the neglect or refusal of the lessee to comply
with the terms and conditions of this ordinance, to make good
the same at his expense.
No. 1071. (12.) An inventory shall be made of the utensils utensils, mate-
and materials in the city work-house, at the time of the sale of "^^^' ®*'^'
the contract, and a valuation shall be made by the competent
appraisers. One to be appointed by the mayor, one by the
lessee, and one to be chosen by them in case of disagreement.
The lessee shall receive said fixtures, materials, etc., at the
valuation made as aforesaid, and at the expiration of said lease
an inventory and appraisement shall be made, and the lessee or
the city, as the case may be, shall pay to the other the difference
in value of said fixtures, utensils, etc., provided all fixtures,
utensils, etc., now on hand not needed by the lessee, may be
rejected by him, before appraisement, the same shall be sold at
public auction for the benefit of the city, and all fixtures, uten-
360 WORK-HOUSE, PRISONS, ETC.
sils, and materials on hand at tlie expiration of tlie lease, not
needed by tlie city, also may in a like manner be rejected, and
disposed of as the lessee may seem proper.
utensils, mate- No. 1072. (13.) All materials on hand at the time of tlie salc
nas, e,r. ^^ ^-^^ Icasc, which may be needed by the lessee to carry on said
workhouse, and which may have been selected and appraised, as
provided for in section twelve of this ordinance, shall be paid for
in cash to the city treasurer ; and at the expiration of said lease,
the city shall pay to the lessee the amount in cash at the appraise-
ment as aforesaid.
Recora of prison- No. 1073. (H-) That the Icssec shall keep a truc and faith-
ful record of all prisoners committed to the said workhouse, with
the name, age and nativity of each prisoner, by whom committed,
date of commitment, specified time and date of release, and a copy
of said record shall be made under oath, and reported to the
common council on the 1st day of January of each year.
Violation of con- No. 1074. (15.) That a failure or refusal on the part of the
lessee to comply with any of the conditions or terms of the con-
tract, after due notice shall have been given by a resolution of
the common council, within ten days after its promulgation, shall
make a forfeiture of said contract, or subject the lessee to a fine
of not over two hundred and fifty dollars, the same at the option
of the common council.
Former police No. 1075. (16.) That all the poHce regulations now in forco
concerning the government or disciplin of said workhouse, and
not conflicting with this ordinance, shall remain in full force.
Repeaiins? clause. ]sf^)^ 1076. (17.) That all ordinances or parts of Ordinances, Con-
flicting with this ordinance, be, and the same nro hereby repealed.
City Orflinance, No. 2824. Approved July 7tli, 1855.
ACTS OF THE LEGISLATURE.
An act io establish Work-houses and Houses of Refuge by the several
municipalities of the city of New Orleans, and for other purposes.
S-ECTiON 1 . jBe it enacted by the Senate and House of Representatives of
Work house. fjie State of Louisiana in General Assembly convened, That the council
of each municipality of the city of New Orleans be, and they are
hereby authorized to establish within their respective limits, a work-
house or prison, and enact the requisite ordinances for the government
of the same ; in which shall be confined and employed all persons le-
gally committed by any magistrate authorized to commit vagrants.
House of lefuge. They shall moreover be, and they are hereby authorized to establish,
within their respective limits, a house of refuge, for the detention of
juvenile offenders, and there to employ them in such way as to the coun-
cil may appear proper.
WORK-HOUSE, PRISONS, ETC. S61
Sec. 2. That as soon as any of the municipalities shall erect suitable Powers granted
work-houses as hereinbefore provided, the council of said municipality ° ® counci .
in which such work-house or prison be established, shall be vested with
all the powers now exercised by the police jury within the limits of such
municipality, as regards said work-houses, and the parish treasury shall
pay on the warrant of the mayor of the city of New Orleans, to the
municipalities in which said work-house or work-houses are established
thirty-seven and a half cents for each of the persons detained in said
work-house or work-houses for every day during which said persons
are detained or imprisoned.
Sec. 3. That t,he judge of the criminal court be authorized and em- Confinement in
powered to sentence all persons under the age of fifteen years, convicted fuL. ^^ ^'^'
of any crime, excepting for capital offenses, committed within either
municipality where a house of refuge is established, to be confined
within said house of refuge.
Sec. 4. That all persons being able to work, and having neither pro- Tagrants.
fession, nor trade, nor any dwelling place, nor any visible property
wherewith to maintain themselves, shall live idle, those who habitually
frequent grog shops or gaming houses, or other disorderly places, or
found wandering about at an unseasonable hour of the night, who are
unable to show what resources they possess, or unable to produce cred-
itable testimony of their good conduct and morals : or those who lodge
in out-houses, market places, sheds or barns, or in the open air, and
who shall not be able to give some account of themselves and their oc-
cupation nor be avowed by some credible person ; all persons appre-
hended with any picklock or other instrument with probable intention
feloniously to break and enter any dwelling house or other house, or
with any offensive weapon with probable intent feloniously to assault
any person, or who shall be found in any dwelling house, out-house,
store, yard or garden, with probable intent to steal, or who shall give a
false account of themselves after warning of the consequences, shall be
deemed vagrants.
Sec. 5. That any person charged with any of the aforesaid offenses Security'required
shall upon conviction before the mayor, or recorder, or any alderman ^* vagrants,
of any of the municipalities of New Orleans, be condemned to give se-
curity for their good behavior in such sum and for such time as to the
said mayor, recorder, or alderman, may appear reasonable, and in case
of refusal or inability to furnish the security required, said mayor,
recorder, or alderman, shall thereupon be authorized to commit them imprisonment in
to the parish jail in the city of New Orleans, or to the work-house or ^^rk hours,
house of refuge aforesaid, if established by either of the municipalities
in which such person may have been arrested, therein to be kept at hard
labor until they furnish the security required, or for a time not exceed-
ing thirty days.
Sec. 6. That any person who shall have been convicted for any of Incorrigible va-
the offenses mentioned in this act, shall, upon a second conviction under S^*°*^"
the same, be deemed an incorrigible vagrant, and shall be condemned
by the mayor, recorder, or alderman to give security for their good be-
havior in such sum and for such time as to the mayor, recorder, or
46
362 WORK-HOUSE, PRISONS, ETC.
alderman may appear reasonable ; and in case of refusal or inability to
furnish the security required, said mayor, recorder, or alderman shall
thereupon be authorized to condemn them to be committed to the parish
Penalty. jail, work-house or house of refuge aforesaid, there to be kept at hard
labor until the security required, be furnished, or for a time not exceed-
ing one year : Provided that nothing herein contained may be construed
to deprive any person of the trial by jury when it may be prayed for.
Powers of the Sec. 7. That in any case where a person committed under this act
criminal courts. , ,, , . . ,
Shall claim a trial by jury, it shall be lawful for the criminal court of
the first district to take cognizance of the same and to afford a trial as
provided by law for other criminal oifenses, but nothing in this act shall
be construed as ireaning that any such person shall be released in the
mean time from commitment in the work-house, prison, or house of
refuge aforesaid, until acquitted by the jury, or imtil the expiration of
the term of commitment.
Bonds reciuircd Sec. 8. That in all cases where any person may be sentenced to
to guarantee de- . , . . , . , . , , , „
parture from the- punishment under this act, the mayor, or either of the recorders shall
^'**°' have power to discharge the person, so sentenced, from punishment in
case of conviction, on such person giving bond with one or more good
and sufficient sureties, in a sum to be fixed by the mayor, or either of
the recorders aforesaid, according to the nature of the case, conditioned
that the person so sentenced will depart and remain out of the State,
until he shall have procured the means of subsistence ; provided, how-
ever, that such sureties shall only be responsible in case such person
shall not depart out of the State within the time specified in said bond;
and in case the person so convicted and sentenced as aforesaid, shall be
found at large within the State after the time mentioned in said bond
for departing the State, such person shall be liable to his former sen-
tence, and moreover to one year's imprisonment at hard labor in addition
thereto.
The present act Sec. 9. That all the provisions of this act shall apply to the parish
sou parish. " of Jefferson ; that the powers vested thereby, in the mayor, recorder
and aldermen, are hereby conferred upon the parish judge of the parish
of Jefferson, the judge of the city court of Lafayette, the president
of the board of council of said city and the several justices of the peace
of the parish of Jefferson ; Provided, however, that nothing herein
shall be construed so as to bind the police jury of the parish of Jeffer-
son, or the board of council of the city of Lafayette, to construct work-
houses, and that said bodies shall have a right to use, until they have
constructed such work-houses, either their parish jail or one of the work-
houses of the parish of Orleans, on the paying their pro rata proportion
of the expense incurred by the reception of vagrants, sent from the
said parish of Jefferson, to be determined by the council of the munici-
pality to whose work-house they shall have been sent.
Repeal. Sec. 10, That all laws and parts of laws now in force and contrary
to the provisions of the present act be, and the same are hereby re-
pealed.— Acts of 1840, p. 46.
APPENDIX.
^APPENDIX
CANALS AND BASINS.
An Ordinance, regulating the Draining and Hauling of Timber, etc., out
of Bayou St. John.
No. 1077. (1.) From and after the passage of this ordinance Lumber and
it shall not be lawful for any person to haul or draw out of the ^ ^^'
bayou St. John across or over the protection levees, built by the
city along said bayou, any lumber or timber whatsoever, except
as hereinafter provided, under the penalty of fifty dollars for
each and every contravention of this section.
No. 1078. (2.) It shall be the duty of the surveyor to des- piace oyer which
ignate one or more places at which timber or lumber may be ° *^ ^^
hauled or drawn out of the bayou St. John. And it shall be the
duty of all persons desiring to haul or draw timber or lumber
out of said bayou, to cause to be made and build good substantial
slides, with proper recess at the places so designated, upon which
such timber, etc., may be drawn or hauled without injury to the
levee or road, said slides to be built under the supervision of the
surveyor. Any person violating the provisions of this section
shall be fined fifty dollars^ and further, the sum of five dollars
per day for each and every day such persons shall fail to comply
with the direction of the surveyor.
No. 1079. (3.) All ordinances, or parts of ordinances, con- Repealing clause,
trary to the provisions of this ordinance be, and the same are
hereby repealed.
City Ordinance, No. 3235. Approved Feb. 26th, 1857.
* The ordinances and laws here inserted are those that have been
enacted while this work was going through the press, and some few
laws omitted in the body of the work.
366 COMMERCE — CHAMBER OP.
COMMERCE— CHAMBER OF.
ACTS OF THE LEGISLATURE.
An Act to create a Body Corporate and Politic, by the name of tho
" New Orleans Chamber of Commerce."
Whereas a large number of the merchants of the city of New Orleans
have petitioned that a charter be granted them, creating a chamber of
commerce ; and have set forth that such an institution is much required
by the mercantile community, as tending to diminish litigation and to
establish uniform and equitable charges ; and considering that the
establishment of a chamber of commerce may thus tend to the general
advantage of the citizens of the State, as well as to the furtherance of
the commercial interest ;
Be it therefore enacted, by the Senate and House of Representatives of the
State of Louisiana, in General Assembly convened. That Thomas Urquhart,
S. J. Peters, H. C. Cammack, A. Quertier, J. A. Merle, F. Frey,
C. Adams, Jr., H, F. M'Kenna, Thos. Barrett, E. J. Forstall, Jacob
Willcox, W. H. Avery, A. Fisk, John B. Byrne, J. H. Field, J. E.
Whitall, W. G. Hewes, J. U. Lavillebeuvre, George Wilbor, A. H.
Wallace, Thomas Sloo, Jr., Charles de Blanc, Noah H. Allen, Glendy
Burke, M. S, Cucullu, Thomas Dance, F. Perret, John N. Niven,
A. Rivarde, Theo. Nicolet, John Gamier, Wm. Bullitt, Nat. Cox,
Edward Yorke, W. L. Robeson, James Dick, James P. Freret, Wm.
L. Hodge, Thomas Toby, H. G. Cruger, George Green, W. C. Bowers,
Chandler White, J. 0. Williams, E. W. Gregory, Peter Laidlaw, R.
'' G. L. Depeyster, Samuel Thompson, W. Bogart, W. A. Gasquet,
S. W. Oakey, Charles Gardiner, James Foster, Jr., Thomas Dixon,
John Parker, D. G. Borduzat, G. W. White, Jules Le Blanc, A. L. M.
Damarin, Wm. C. Mylne, V. Durel, M. Morgan, M. Lizardi, mer-
chants of the city of New Orleans, their associates and their successors,
be, and they are hereby declared to be a body corporate and politic by
the name of the **New Orleans Chamber of Commerce."
Sec. 2. That this act of incorporation shall be in force for and during
the space of twenty years from the passage thereof . — Acts of 1834, p. 52.
An Act to Re-charter the New Orleans Chamber of Commerce.
Preamble. Whereas, the charter of the New Orleans Chamber of Commerce will
expire on the twenty-sixth February, eighteen hundered and fifty -four ;
And whereas, at its sitting in the city of New Orleans on the fourteenth
February, eighteen hundred and fifty-three, the following resolution
was unanimously adopted, viz :
Resolved, That the president be requested to apply to the legislature
of the State of Louisiana, now in session, for a renewal of the charter
of this chamber ; and considering the usefulness of the institution in
diminishing litigation, and establishing and maintaining uniform and
equitable charges, advantageous both to the citizens of this State, and
beneficial in promoting the commercial interest of New Orleans :
CORPORATIONS. 367
Section 1. Be it therefore enacted by the Senate and House of Repre- New Orleans
sentatives af the State of Louisiana, in Ge7ieral 'Assembly convened, That me*™e'in<»rpor^
the present members of the aforesaid New Orleans Chamber of Commerce, ted.
viz :
J. 0. WoodruflF, President; Charles Briggs, First Vice-President; J.
M. Lapeyre, Second Vice-President; Chs. J. Mansoni, Secretary and
Treasurer;
Geo. Arnold Holt, J. W. Carroll, W. S. Pickett, R, B. Sumner, S.
H. Kennedy, Jas. Greenlief, W. H. Avery, J. H. Ashbridge, W. P.
Atwood, B. C. Adams, Wilhelmus Bogart, J. A. Barelli, Horace Beau,
A. Benachi, C. T. Buddecke, Sara'l P. Bullard, W. P. Babcock, Thos.
Byrne, J. E. Caldwell, William Creevy, W. L. Gushing, Robert Conway,
George Connoly, A. P. Cleveland, John P. Crotchett, James Chapman,
J. A. Dougherty, Thos. J. Dix, J. J. Day, J. H. Dudley, Thos. M.
Dykers, J. H. Eimer, Tbos. S. Elder, J. Eager, George A. Fosdick,
Cornelius Fellows, F. W. Frudenthall, John Fox, E. J. Forstall, Moses
Greenwood, J. W. Giffney, Robert Geddes, Robt. A; Grinnan, A. D.
Grieff, Wm. Holmes, A. Heine, J. N. Hanau, Geo. W. Houghton, David
Hadden, James Plewitt, R. H. Hamilton, E. J. Hart, W. L. Jackson,
L. C. Jury, W. A. Johnson, H. Judson, J. R. Jennings, R. B. Kendall,
John Kruttchnitt, L. Y. Lusk, J. A. Lusk, J. G. Lingham, W. L.
lianier, H. F. McKenna, R, M. McAlpin, M. Musson, P. Maxwell, J.
H. McRea, J. R. Marshall, Wm, Mure, Logan McKnight, S. Nicholson,
M. 0. H. Norton, S. 0. Nelson, S. W. Oakey, John H. Owen, S. J.
Peters, sen,, L. Matthews, John M. Bell, L. H. Gale, C. ^Y. Phillips,
E. H, Pomroy, W. B. Partee, Wm. Prehn, Fred. Peschier, Jas. Robb,
Wm. Ricarby, J. M. Savage, J. W. Stanton, T. Stewart, Andrew
Stewart, P. H. Skipwith, Thos. Sellar, G. G. Steever, Rudolph Schartz,
Calvin Tate, H. Wilson, H. Williams, N. Overton, John Williams, Chas.
M. Waterman, W. A. Warneken, L. D. C. Wood, J. W. Zacharie, H.
G. Latting, Rob. Dyas, George N. Coke — Merchants of the city of New
Orleans, their associates and their successors, be, and they are hereby
declared to be a body corporate and politic, by the name of the New
Orleans Chamber of Commerce.
Sec. 2. That this act of incorporation shall be, and continue in force The period du-
for and during the further space of twenty years, from the twenty- sixth "ctfiiaifcontimic
day of February, A. D., 1854.— Acts of 1853, page 138. in force.
COEPOEATIONS.
ACTS OF THE LEGISLASTURE.
An Act fixing the Domicile of Corporations created by any law of ,
this State,
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana in General Asembly convened. That every corpo-
ration organized, or which may hereafter be organized, under and by
S68 ELECTIONS.
virtue of any law of this State, shall establish its domicile at some place
within the State of Louisiana, and not elsewhere.
Sec. 2. That every such corporation shall, from and after the pas-
sage of this act, hold its meetings for the transaction of business apper-
taining to its corporate purposes or capacity, whether of its stock-
holders at large, for election of officers or other purposes, or of its
directors, managers, trustees, or other oificers charged with the
direction of its affairs, at the place of domicile of said corporation, and
any such meeting held elsewhere, and any business transacted at any
meeting held elsewhere shall be unlawful, and of no effect.
Sec. 3. That any acts or parts of acts contrary to the provisions of
this act be, and the same are hereby, repealed. — Acts of 1857, No. 77.
See Acts of 1857, No. 226-
CURKENCY—BOARD OF.
ACTS OF THE LEGISLATURE.
An Act further defining the duties and powers of the Board of Currency.
Section 1. Be it enacted hy the Senate and House of Representatives of
Board of currcn- t^^ State of Louisiana, in General Assembly convened, That it shall be the
5f *k d^u*°tet*^ ^^*y °^ ^^^ board of currency to require of every bank which now is or
ment of their may be hereafter located in the city of New Orleans, a daily statement
movemon . of their "movement" — to wit : Loans on paper payable at maturity, and
intended to meet the two-thirds of cash liabilities unrepresented by specie
and other cash assets, circulation, deposits, and other cash liabilities.
Said statement to Sbc. 2. That the said board of currency shall require that alike
bank?ira book statement shall be entered daily by each bank in a book which each bank
etc. shall keep for that purpose, and to be called the "statement book."
Banks to make Sec. 3. That the board of currency shall require from the banks
returns ^^^'^^^ aforesaid, and they shall furnish the same, a weekly return from the said
daily record, to be delivered at the same time and place as the other
weekly returns made to said board, which shall show the average of the
record of the said "daily movement," mentioned in the foregoing sec-
tions of this act.
To be sworn to Sec. 4. That the documents or returns mentioned in this act shall be
by cae ler. ^^^^ sworn to by the cashier or returning officer of the bank. — Acts of
1857, No. 103.
ELECTIONS.
ACTS OF THE LEGISLATURE-
An Act relative to Elections in the parish of Orleans.
Sbction 1. Be it enacted by the Senate and Hov^e of Representatives of
Election pre- the State of Louisiana in General Assembly, convened. That the election
precincts in the city of New Orleans, as now established, shall be lawfnl
cincta.
EIiECTIOKS.
m
election precincts, and shall remain unchanged until the legislature shall
otherwise determine.
Sbo. 2. That in each and every election precinct in the city of New Places for hold-
Orleans, as now established, there shall be two places for holding the *^^ ^° ""
polls, except in the seventh precinct, in which there shall be three
places for holding the polls.
Sec. 3. That one of the polls in each precinct aforesaid, except the llow the polls
fill fill l)G known
seventh, shall be known and designated as number "one," and the
other as number *'two," and all the voters residing in each precinct
aforesaid, whose names begin with any initial letter ranging from A. to
K., both inclusive, shall only be entitled to vote at poll number "one,"
and all the said voters whose names begin with any initial letter ranging
from L. to Z., both inclusive, shall only be entitled to vote at poll num-
ber "two."
Sec. 4. That one of the three polls in the seventh precinct shall be Polls of seventh
known and designated as poll number "one," another as poll number P'^®''*^'' •
"two," and the third as poll number "three," and all the voters
residing in said precinct whose surnames begin with any initial letter
ranging from A. to G., both inclusive, shall only be entitled to vote at
poll number "one," and all the said voters whose surnames begin with
any initial letter ranging from H. to N., both inclusive, shall only be
entitled to vote at poll number "two," and all the said voters whose
surnames begin with any initial letter ranging from 0. to Z., both
inclusive, shall only be entitled to vote at poll number "three."
Sec. 5. That the certified list of voters which the register of voters Register to sub-
inj^the city of New Orleans is now required by law to furnish to the com- ^q^^^^ ^^^^
missioners of election in each precinct, shall be subdivided by the said
register into as many lists as there are polls in each precinct, and the
said register shall furnish to the commissioners of election presiding at
each poll in each precinct, a certified list in the manner now required by
law, of all the voters entitled to vote at each poll respectively.
Sec. 6. That a board of commissioners is hereby created in and for Board of commis-
the parish of Orleans, to be styled " The Central Board ofCommis- StTol^ommS-
sioners," to be composed of the mayor of the city of New Orleans, the sioners.
register of voters of said city, the attorney general of the State, and two
citizens of New Orleans, who have resided in the State at least five years,
to be appointed by the Governor ; and the term of office of said citizens
so appointed shall be two years, unless sooner removed ; and it shall be
the duty of said central board of commissioners to appoint all the com-
missioners of election in the parish of Orleans, to preside at any and
every election held in said parish, for all State, parochial or municipal
officers, or judges, members of Congress, or any officer of the United
States government, or any other officer whose election devolves upon
the people.
Sec. 7. That the attorney general shall be ex-officio president of the president and
said board, and one of its members shall be secretary thereof, to be g,^^^®^**'^^ °^ ^^®
appointed by the said board, and a majority of the members of said
board shall constitute a quorum for the transaction of business ; and
they are hereby authorized to adopt such by-laws and rules as to them
47
s
3||^ /' EtECTIONS.
may seem fit ; Provided, the same be consistent with the Constitution
and laws of this State, and of the United States.
Commissioners of Sec. 8. That it shall be the exclusive duty of the said board of com-
missioners, at least five days previous to any election to be held in the
parish of Orleans or the city of New Orleans, to appoint three commis-
sioners of election to preside at each poll In each precinct in the city of
New Orleans, and three commissioners of election to preside at each
precinct in that part of the parish of Orleans on the right bank of
the Mississippi river.
Salary of certain ggc. 9. That the two citizens to be appointed by the Governor,
members of the ^^ •' '
board. members of said central board of commissioners, shall receive a yearly
salary of five hundred dollars each, payable proportionately by the city
of New Orleans and the police jury of the parish of Orleans, on the right
bank of the river, and they shall before entering upon the discharge of
their duties, take the oath prescribed by the ninetieth article of the
Constitution.
The board to de- Sec. 10. That it shall be the duty of said central board of com-
places^'to/ hold- missioners to designate the places of holding the polls in the seve-
ing the polls. j.^^ precincts in the parish and city of New Orleans, and assign to
each poll, in each precinct, the number by which it shall be designated
and known, and to make, or cause to be made, the necessary arrange-
ments at each poll, for convenient approach to the ballot-box and easy
egress therefrom, and so to provide that the ballot-box during the elec-
tion may be seen by the public, and so that the voter may see his ballot
deposited therein.
Places for hold- Sec. 11. That the designation of the places holding the polls, and
be published, etc. the numbers by which the respective polls in each precinct shall be
known, shall be published by the said board, in two daily newspapers,
printed in the city of New Orleans ; and said publication shall be made
in English and French, for ten days previous to an election, and all the
expenses incurred for advertisements, and for making the necessary
arrangements at the polls, shall be paid by the city of New Orleans,
except that part incurred for the polls on the right bank of the Missis-
sippi river, which shall be paid by the police jury of said right bank,
and an account of said expenses signed by the president, and counter-
signed by the secretary of said central board of commissioners, shall be
sufficient warrant to the proper officers of the city of New Orleans, and
the said police jury, to pay the same ; and it shall be the duty of the
comptroller and treasurer of the said city to pay the said account, and
also of the said police jury to pay the said account for the said right
bank.
Substitutes for Sec. 12. That in case any commissioner of election, appointed by
wS."?!'? to^at- said board, shall fail to attend on the day of election, or shall refuse
*®°<*- to act at any time after his appointment, then, and in that event, the
president of the board, or in case of his absence, the register of votes,
may appoint substitutes to act in the places of those so failing to attend,
or refusing to act.
Oaths of commis- Sec. 13. That any member of the said central board, or judge or
eioners. justice of the peace, or the sheriff or any of his deputies, is hereby
J
ELECTIONS. 371
authorized to administer, to any commissioner of election, the oath
required by existing laws.
Sec. 14. That no grog-shop, or place where liquor is sold, shall be Polls not to be
used as an election poll in the parish of Orleans, but the said board is houses,
hereby authorized to use for that purpose any building belonging to the
city of New Orleans or parish of Orleans, or if necessary, to rent proper
buildings for the occasion.
Sec. 15. That the polls shall be opened at 8 o'clock, a. m., and Hours of opening
* and closing polls.
closed at 4 o'clock, p. m.
Sec. 16. That the Governor shall, by and with the advice and Superintendent
consent of the senate, appoint a discreet citizen, who has resided in the ° ® ^^ *°"^*
State at least four years, whose duty it shall be to superintend all
elections held in the city of New Orleans, and who shall be styled the
" superintendent of elections," who shall hold his office for the term
of two years, unless sooner removed, and who shall receive an annual
salary of three thousand dollars, payable quarterly out of the treasury,
upon the warrant of the auditor of public accounts, and one-half of
said salary shall constitute a debt against and be paid by the city of
New Orleans in the manner hereinafter mentioned.
Sec. 17. That if any person in the parish of Orleans shall prevent, Threatening
or attempt to prevent any voter from exercising his right of suffrage, by ^^ ^^^' ^ ^'
threat, intimidation, violence, or any other unlawful means, whether
before or during election time, such person sliall, on conviction thereof,
be sentenced to not less than six months' nor more than three years'
imprisonment, at hard labor, in the penitentiary, and shall be forever
deprived of his right of suffrage. And if any persons in the parish of Preventing per-
Orleans shall, during an election, assemble or combine together for the pur- ^°"^ from voting,
pose of driving voters from the polls, or preventing or obstructing voters
in coming to or returning from the polls, said person shall, upon convic-
tion thereof, be sentenced to not less than one nor more than five years'
imprisonment at hard labor in the State penitentiary, and be forever
deprived of their right of suffrage. And any person or persons in the Ballots and ballot
parish of Orleans who may willfully destroy or multilate any votes that ^^^^•
may have been deposited in the ballot box, or any election returns,
tally list or lists of voters, or certificates of election, or who may steal
or destroy the boxes and safes containing the same, or who shall offer or
commit violence against any person or persons having lawfully charge of
the same shall, on conviction thereof, be sentenced to imprisonment at
hard labor for not less than five nor more than twenty years, in the peni-
tentiary, and be forever deprived of the right of suffrage.
Sec. 18. That the said superintendent shall keep his office in the city Superintendents
of New Orleans, and shall be entitled to four chief deputies — to be ap- ties!^ *° *^ ^^"'
pointed by himself, and removable at his pleasure — and each of said .
deputies shall receive an annual salary of one thousand dollars, payable
quarterly out of the treasury, on the warrant of the auditor of public
accounts, one-half of which salary shall constitute a debt against and f*"'**
be paid by the city of New Orleans, in the manner hereinafter mentioned.
Sec. 19. That it shall be the duty of the said superintendent of Duty of superin-
electiona to take charge of and superintend, under the control of the *«*ident.
872 ELECTIONS.
central board of commissioners, and to the exclusion of all other persons,
all elections held in the parish of Orleans and city of New Orleans, for
officers of the general government, members of congress, judges, mem-
bers of the general assembly, parish or municipal officers, and for any
other officers, federal, state, parochial or municipal, whose election
devolves upon the people ; to prescribe and arrange the ingress to and
egress from the polls; to preserve tranquility' and order during the
elections ; to prevent and suppress riots, tumult, violence, disorder, and
any other improper practice tending to the intimidation of voters, or the
disturbance of elections, and in general, to take care that all elections
are so conducted that the privilege of free suffrage may be supported,
and the constitutional rights of the citizens shall not be impaired or
defeated by violence, tumult, intimidation, or other improper practices.
Empowered to Seo. 20. That the said superintendent is hereby authorized and
be? of depu«S^ empowered to employ any number of persons the Governor may think
etc. necessary as his deputies, for such time previous to any election as the
Governor may direct ; and the said deputies shall be organized by said
superintendent in such a manner as he may think proper and adequate
for the occasion ; and the said deputies, on the day of election and dur-
ing their term of service, shall be subject to the order and direction of
said superintendent, and obey all lawful commands issued by him.
Deputies— their Seo. 21, That said chief deputies shall be citizens of the State, and
°**^®' that said superintendent, chief deputies and deputies, before entering
upon their duties, shall take the oath prescriped by the nineteenth article
of the Constitution.
Deputies to be Sec. 22. That the said deputies shall be commissioned by the said su-
commissioned,etc perintendent, who is hereby authorized to administer the oath of office to
them ; and he is further authorized and empowered, with the consent of
the Governor, to adopt such rules for the government and organiza-
tion of said deputies as to him may seem proper ; provided, the same be
consistent with the constitution and laws of the United States and of this
State ; and the said deputies are hereby required to obey said rules and
regulations, provided, the same may at any time be altered or abolished,
at the pleasure of the Governor.
To appoint ex- ^^^' ^^' ^^^^ *^® ^^^^ superintendent of elections shall have the
traordinary de- power to appoint any number of extraordinary deputies from amongst
the citizens of the parish of Orleans, to protect the approaches to tho
polls, keep order thereat, and secure free access to and egress from said
polls ; and any citizen between the age of twenty-one and fifty years
refusing to perform such duty, whenever thereunto summoned, shall be
subject to a fine of not less than one hundred nor more than five hun-
dred dollars, recoverable before any court of competent jurisdiction, in
Penalty for re- t^lie name and for the benefit of the State of Louisiana ; and in default
fusing to serve, ^f payment thereof said citizen shall stand committed in the parish jail
for a term not exceeding sixty days.
Disturbing ^EC. 24. That if any person in the parish of Orleans shall, in breach
commissioners of the peace, disturb any commissioner or clerk of elections in the
and voters, pen- ^ » , . -,
aity. discharge of his duty, or any voter m exercise of his right of suffrage,
or shall prevent any voter from exercising his right of suffrage, whether
ELECTIONS. 373
before or during election time, such person shall be fortwith arrested
by the said superintendent, or any of his deputies, or extraordinary
deputies, and instantly confined in the police or parish jail, and shall,
upon conviction thereof, be sentenced to not less than six months nor
more than three years' imprisonment at hard labor in the penitentiary,
and shall be forever deprived of his> right of suffrage ; Provided, how-
ever, that any person so arrested, if a lawful voter, shall be permitted
to vote before being confined.
Sec. 25. That any person wilfully resisting, or in any manner Resisting super-
., .,T, i-i .• intendent and
interfering with the authority of said superintendent or his deputies, or deputies. •:■
extraordinary deputies, shall be deemed guilty of a misdemeanor, and
on conviction thereof shall be punished by a fine of not less than five
hundred dollars, and imprisoned at hard labor for one year in the
penitentiary, and it shall be the duty of the attorney general, in person,
to conduct all prosecutions under this section, and said prosecutions
shall be tried in preference to all other cases.
Sbo. 26. That when any person shall be arrested on the day of the Arrests on days of
election by the said superintendent or his deputies, or extraordinary
deputies, said person shall not be released from imprisonment, by bail
or otherwise, until the following morning, unless it be by order of the
superintendent or any of his chief deputies, or by writ of habeas
corpus.
Sec. 27. That said superintendent shall commission his chief Superintendent
deputies, and their commissions shall specify their seniority of rank ; *"*^ deputies,
and it is hereby declared that in the event of the death, resignation,
absence, sickness or inability to act, from any cause whatever, the said
chief deputies shall succeed to the duties and powers of the said
superintendent, according to the seniority of rank expressed in their
respective commissions, so that the senior chief deputy shall first
succeed, and in case of his death, resignation, absence, sickness, or
inability to act, the second chief deputy shall next succeed, and so on
to the last ; and each chief deputy thus succeeding in his turn, is hereby
autorized and empowered to assume and perform all the duties of
superintendent, and exercise all the powers vested in him by virtue of
this act, until the vacancy of superintendent is filled, or the superin-
tendent presents himself and resumes the duties of his office.
Sec. 28. That any deputy employed by the said superintendent^ Salary of depu-
except the chief and extraordinary deputies, shall be entitled to receive *^®^*
during the time he is in actual service, under the command and direc-
tion of the superintendent, ten dollars for each day of actual service.
Sec. 29. That the superintendent shall keep in his office a register Register of depu-
of the names of the persons employed by him as deputies and of the *^®*"
length of time each has served, and shall furnish each deputy when
discharged with a certificate of his employment and the length of time
he may have remained in his service, which shall be received by the
auditor of public accounts as sufficient evidence upon which to audit
and allow the claim of said deputy for his pay.
874 HOUSE OF REFUGE.
City of New Sec. 30. That one-half of the expense incurred for the purpose of
one^haff the'^ex- Carrying into effect the provisions of this act, except those otherwise
penses, etc. provided for, shall be charged to and be paid by the city of New
Orleans, and the treasurer of the State is hereby authorized and re-
quired, on the 1st day of January of each and every year, to demand of
the city of New Orleans the payment of one-half of whatever appro-
priation may be expended for the salaries of the deputies and officers
aforesaid.
Authorised to Sec. 31. That the said superintendent, for the purpose of preserving
close coffee , , .. . , , , ,,.,,,,.,
houses, etc. order and preventing riots and tumults, is hereby authorized to cause to
be closed on election days all grog-shops and bar-rooms in the city of
New Orleans ; and any keeper or owner of a bar-room or grog-shop in
said city refusing or failing to comply with the proclamation of said
superintendent, published in two newspapers in the city of New
Orleans, requiring grog-shops and bar-rooms to be closed on the day of
election, shall forfeit and pay a find of two hundred dollars, recoverable
« ,^j.v before any court of competent jurisdiction, the payment of which fine
shall, after judgment, be enforced by imprisonment, not exceeding sixty
days.
Office expenses of Sec. 32. That the office expenses of the Central board of commis-
pafd. ' '^^^ sioners, not exceeding one thousand dollars, shall be paid proportiona-
tely by the city of New Orleans and the police jury of the parish of
Orleans on the rights bank of the river Mississippi, upon the warrant of
the president of said board, as expressed in the eleventh section.
When this act to Sec. 33. That this act shall take effect from and after its passage
go m e ec ^^^ ^^j j^^^^ ^^^ parts of laws inconsistent herewith are hereby
repealed.— Acts 1857, No. 225.
HOSPITAL— CHARITY.— See Acts of 1857, No. 256.
ii'i'fU ^'5
HOUSE OF REFUGE.
Juvenile va- j^o. 1080. (1.) All children found pilfering; all children
found begging within the limits of the city; all children found
.,'.>;< gathering waste merchandize lost as refuse articles, unless the
* same he the property of their guardians, employers or parents ;
all children engaged in any occupation, dangerous to their morals
or of a tendency to produce habits of idleness and vice; all
children who are left in idleness and attend no school ; all chil-
dren who are left without education, and learn no honest trade
SOUSE OF REFUaE. 875
01* occupation ; all children abandoned to ttemselves, or wlio are
not provided for by tbeir parents with the protection and care
which the law requires, shall be deemed juvenile vagrants, and
shall be brought before the mayor or recorder, or any other com-
petent courts, and shall be disposed of according to the laws,
establishing houses of juvenile delinquents and vagrants.
No. 1081. (2.) In every case when a child shall become a Punishment of
»„.,.,, . . . , . , , parents of jure-
vagrant, or fall within the description contained in the several niie Tagrants.
classes of the preceding article, in consequence of the act or
neglect of the parent or guardian, such parent or guardian shall
be subject to a fine of one hundred dollars for each offense, paya-
able to the municipality within which the child shall be found delin-
quent, and in case the said parent or guardian shall neglect or
refuse to pay said fine, he or she shall be imprisoned until said
fine be paid, provided, that said imprisonment shall not exceed
one month. ^
No. 1082. (3.) Every commissary, policeman, watchman or Duty of police,
other ofiicer of any of the municipalities, whenever any violation
of this ordinance shall come within or is brought to his knowledge,
shall immediately arrest the offending child, parent or guardian, *
and bring them before the proper authority to be dealt with
according to law, and every such officer wilfully neglecting or
refusing, when called upon by any citizen to perform the duties
herein imposed, shall be fined not less than ten, nor more than
fifty dollars for each offense, recoverable at the complaint of any
citizen before any competent magistrate or justice of the peace,
for the benefit of the municipality in which the offense shall
have been committed ; and the collection of said fine shall be ■■■
enforced by imprisonment to the extent of the law.
No. 1083. (4.) In all cases arising under this ordinance. Duty of city at-
whenever the intervention of any of the district courts shall be ^^^^'^y-
deemed necessary by the recorder or mayor, in order to enforce
this ordinance or deprive an unworthy parent of the keeping or
tutorship of a child, or to cause a child to be committed by a
district court, to the care of the house of refuge, it shall be the
duty of the attorney of the council whenever required by either
of the said magistrates to institute and prosecute the necessary
proceeding's, or defend the case. '^ *«^ "i^.
City Ordinance. Approved Nov. 15th, 1851.
m
tmn WOMEN.
LEWD WOMEN.
To live within
certain portion
of the city.
Duty of police
and recorders.
To pay tax and
obtain license.
An Ordinance concerning Lewd and Abandoned Women.
No. 1084. (1.) That it shall not be lawful for any woman or
girl, notoriously abandoned to lewdness, to occupy, inhabit, live
or sleep in any one-story house or building, or the lower floor of
any house or building situated within the following limits, viz. :
In the first district — Between the river and Hercules, Circus
and Rampart streets. Felicity road and Canal street.
In the second district — Between the river and Basin street,
Canal and Toulouse streets, and between the river, the bayou
St. John, Toulouse street, and Esplanade street.
Amended by No. 1098.
In the third district — ^Between Esplanade street, Elysian
Fields, the river and Broad street.
In the fourth district — The river, the Carrollton railroad, the
upper line of said district and Felicity road, under the penalty of
not less than twenty-five dollars for each and every contravention
thereof, and the further penalty of twenty-five dollars for each
and every day such woman or girl shall occupy, inhabit, live, or
sleep in any one-story house or building, or the lower floor of any
house or building, or any room or closet on the lower floor of any
house or building within the limits aforesaid, after due notice
from the recorder of the district wherein such woman shall be
found contravening thereto ; and in default of payment of such
penalty aforesid, such woman or girl shall be imprisoned not less
than thirty days.
No. 1085. (2.) That it shall be the duty of all police officers,
policemen and watchmen to arrest any woman or girl found in
contravention to the foregoing section, and take her before the
recorder of the district wherein she be found in contravention,
who shall impose upon her the penalty set forth in said section,
and in default of payment thereof, shall condemn her to not less
than thirty days' imprisonment ; and said recorder shall further
notify such woman or girl to remove from and quit the premises
so occupied or inhabited by her within three days from such
notification, under the penalties imposed by said section.
No. 1086. (3.) That it shall not be lawful for any woman or
girl, notoriously abandoned to lewdness, to occupy, inhabit, or live
in any house, building or room situate within the limits described
in the first section of this ordinance, and not in violation of, or
(
liEWD WOMEN. 377
prohibited by the said section, without first paying in to the
city treasurer the tax imposed by this ordinance, and procuring
from the mayor of this city a license to inhabit or live in or
occupy a house, building or room within said limits as aforesaid —
nor shall it be lawful for any person to open or keep any house,
building, dwelling or room within the limits of this city for the
purpose of boarding or lodging lewd and abandoned women, or
of renting rooms to such women, without first paying the tax
hereinafter levied, and procuring from the mayor a license so to
open and keep a house, etc., as aforesaid. Every person failing
to comply with the provisions of this section, shall pay a fine of
one hundred dollars for each and every contravention, and in
default of payment shall be imprisoned not less than thirty days.
One half of the fine shall be for the benefit of the informer. Pro-
vided, that nothing herein contained shall be so construed as to
authorize the issuing of licenses to occupy or inhabit any one
story house or building or the lower floor of any house or building
situate within the limits described in the first section of this
ordinance.
No. 1087. (4.) That an annual license tax of one hundred Annual tax, etc
dollars be and the same is hereby levied upon each and every
woman or girl notoriously abandoned to lewdness, occupying,
inhabiting, or living in any house, building or room within the
limits prescribed in the first section of this ordinance, but not
in contravention thereof — and an annual tax of two hundred
and fifty dollars upon each and every person keeping any house,
room, or dwelling for the purpose of renting rooms to or board-
ing lewd and abandoned women, which said tax shall be
payable in advance on the first day of February of each and
every year.
Amended by No. 1100.
No. 1088. (5.) That the mayor of this city be, and is hereby Mayor's doty as
authorized, upon the production of the receipt of the treasurer *° ^^^®°^®^*
of this city, showing the payment of the tax levied by section
fourth of this ordinance, to grant the license required by the
third section of this ordinance. Which license shall be recorded
in a book to be kept for that purpose in the mayor's office, and
shall set forth the name of the party to whom granted, the
number of the house or building which she intends to inhabit,
occupy or live in, the name of the street, where the same is
situated, and the number corresponding with that of the record
in the aforesaid book. And for which license and recordine,
48
\
878 ( LEWD WOMEN.
the party to whom it is granted shall pay one dollar and fifty
cents. Said license shall expire on the thirty -first day of
January.
Disturbing the ^q. 1089. (6.) Any woman or girl notoriously abandoned to
peace— penalty. . .
lewdness, who shall occasion scandal or disturb the tranquility
of the neighborhood, or commit a breach of the peace, shall be
fined not less than ten dollars, nor more than twenty-five dollars
for the first offense, and for the second offense shall be fined
, not less than twenty-five dollars, and for the third offense,
shall forfeit her license, and shall be dealt with as provided by
the act concerning vagrants, etc.
Not to fre<iuent No. 1090. (7.) That it shall not be lawful for any lewd
woman to frequent any cabaret, or coffee-house, or to drink
therein, under the penalty of not less than five dollars for each
and every contravention, or of being dealt with as provided by
the act concerning vagrants, at the discretion of the recorder
before whom she may be brought.
White women No. 1091. (8.) That it shall not be lawful for whitc womcu
and free women / i • ^ i ^ ^ i i
of color not to and tree women oi color, notoriously abandoned to lewdness, to
' occupy, inhabit, or live in the same room, house or building ; nor
for any free person of color to open or keep any house, building
or room, for the purpose of boarding or lodging any white woman
or girl notoriously abandoned to lewdness, under the penalty of
not less than twenty-five dollars for each and every contravention ;
in default of payment, the person so contravening shall be impris-
oned not less than thirty days. One half of the fine shall be for
the benefit of the informer.
Hiring rooms No. 1092. (9.) That each and every person who shall rent
and houses, etc. ^ . , i -i t , • i ^
or hire any house, building or room, to any woman or girl noto-
riously abandoned to lewdness, in contravention of this ordinance,
shall pay a penalty of fifty dollars for each and every girl or
. . f woman such person shall rent or hire to as aforesaid.
Mayor, in certain No. 1093. (10.) That whenever a petition signed by three
their'removai. respectable citizcns residing within the vicinity of any house,
building or room occupied or inhabited, or frequented by one
or more IcAVd women, shall be presented to the mayor, stating,
under oath, that such house, building or room is a nuisance, and
that the occupants thereof are in the habit of disturbing the peace
of the neighborhood, or are in the habit of committing indecencies
by the public exposure of their persons, etc., it shall be the duty
of the mayor immediately to notify the owner or lessee of such
house, building or room, that such report has been made, and to
i
LEWD WOMEN.
870
order him or her to eject from the premises so occupied the per-
sons in possession at the time of the complaint. And any person
refusing or neglecting to comply therewith, shall be fined not less
than twenty-five dollars, nor more than one hundred dollars for
each and every month during the continuance of the nuisance
complained of. And the mayor is hereby further authorized to
order the occupants of the house, building or room to remove
therefrom within a delay of five days, and upon said occupants
failing so to do, each shall be fined not less than ten dollars a day
for each and every day such occupants shall remain in violation
of said order, and in case of failure or refusal to pay said fine,
each occupant shall be imprisoned for a time not exceeding
thirty days.
No. 1094. (11.) That all houses, buildings, dwellings, or PoUcepowers,etc.
rooBd^ occupied or inhabited by lewd women, shall at all times be
subject to the visitation of the police of this city.
No. 1095. (12.) That it shall not be lawful for any woman Forbidden to
., .,'^,,, ,, , , stand in front of
or girl notoriously abandoned to lewdness, to stand upon the their houses or
sidewalk in front of the premises occupied by her, or at the alley- ^ ^ ' *
way, door or gate of such premises, nor sit upon the steps thereof •
in an indecent posture, nor accost, call, nor stop any person passing
by, nor to walk up and down the sidewalk or banquette, nor
stroll about the streets of the city indecently attired, under the
penalty of not less than ten (10) dollars for each and every con-
travention ; and in default of payment, such woman or girl shall
be imprisoned not less than fifteen days.
No. 1096. (13.) That any person who shall interfere with, opposing police,
obstruct, or prevent any of the police of this city from enforcing
the provisions of this ordinance, shall be fined not less than
twenty-five dollars, and in default of payment, shall be imprisoned
not less than thirty days.
No. 1097. (14.) That it shall be the duty of the police of Police to enforce
... . .. . . this ordinance.
this City, strictly to enforce the provisions of this ordinance, and
to arrest all persons contravening against the same, under tho
penalty of dismissal.
No. 1098. (15.) That this ordinance shall go into effect, and when to go into
be in full force from and after the first day of February next.
Amended by No. 1101.
No. 1099. (16.) That all ordinances, or parts of ordinances, Bepeaiing clause,
contrary to the provisions of this ordinance be, and the same are
hereby repealed.
OityOrdinance, No. 3267. Approred March lOtbj 1857.
380
NOTARIES PUBLIC.
Amending
1087.
Amendiog
1098.
^ An Ordinance, to amend section 4th and 6th of the ordinance No. 3267,
\ entitled an ordinance concerning Lewd and Abandoned Women, ap-
proved March 10th, 1857.
No. No. 1100. That section fourth of the ordinance entitled "An
ordinance concerning lewd and abandoned women/' approved 10th
March, 1857, be so amended as to make the annual tax referred
to in said section, payable on the first day of April of each year,
instead of the first of February, as therein provided.
No. No. 1101. That section fifteen of said ordinance be so amended
as to read as follows, viz : "That this ordinance shall go into
eiFect, and be in full force and effect from and after the first day
of April, 1857."
City Ordinance, No. 3318. Approved March 27, 1857.
Amending No.
1084.
An Ordinance to amend first paragraph of section first of the ordinance
No. 3267, entitled ''An ordinance concerning Lewd and Abandoned Wo-
men," approved March 10th, 1857.
No. 1102. That paragraph first, of section first, of the ordi-
nance entitled an ordinance concerning lewd and abandoned
women, approved 10th March, 1857, be so amended as to read
as follows, viz :
The first district, between the river. Felicity Road, Hercules,
the New Canal, Claiborne and Canal streets.
That this ordinance shall go into effect from and after its
City Ordinance, No. 3320. Approved April 2nd, 1857.
NOTARIES PUBLIC.
ACTS OF THE LEGISLATURE.
An Act relative to Notaries Public in and for the parish and city of
New Orleans.
Section 1. Be it enacted hy the Senate and House of Representatives of
After the 1st of the State of Louisiana in General Assembly convened, That from and after
^resent offices*^^ *^® ^^^^ ^^^ ^^ ^^^^^ eighteen hundred and fifty-seven, the offices of each
v2cated. and every notary public appointed previous to the passage of the present
act shall be, and they are hereby declared to be vacated.
Governor to ap- Sec. 2. That the Governor shall, by and with the consent of the
numbercTf no- Senate, appoint not less than forty and not more than sixty notaries
I
ORPHANS. 881
for the parish of Orleans, who besides the qualifications previously taries— their
required bylaw, shall give bond, with one or more solvent sureties, in <^'*<^'®*<'- ,;,
the sum of five thousand dollars, subscribed in favor of the Governor of
the State, and conditioned as the law directs for the faithful performance
of his duties ; which bond shall be recorded in the office of the register
of conveyances, in a special book, kept to that effect, after having been
duly approved by the judge of the first district court of New Orleans.
Sec. 3. That in making the appointments above provided for, as The Governor to
well as in the event of the death, resignation or removal of any notary partfcular offices
in the said parish and city of New Orleans, the Governor shall, by **'*^-
special order, under the seal of the State, designate the notary to whose
custody shall be consigned the records of the notary or notaries so dead,
resigned or removed.
Sec. 4. That all laws or parts of laws contrary to the provisions of Repealing clause,
this act be, and the same are hereby repealed. — Acts of 1857, No. 109.
OFFENSES AND NUISANCES.
ACTS OF THE LEGISLATURE.
Be it enacted by the Senate and House of Representatives of the State of
Louisiana, in General Assembly convened, That the one hundred and tenth Repealing laws
section of an act entitled, "An act relative to crimes and offenses," tfng on elections,
approved March fourteenth, eighteen hundred and fifty-five, and which
reads as follows : *'That whoever shall, either directly or indirectly, bet,
stake or hazard any money or other property or consideration, upon any
election for an office of this State, or of the United States, shall, on con-
viction, be fined not less than the amount of money or the value of the
property bet, staked or hazarded, nor more than double such amount ^
to be paid into the treasury of the school funds of said parish," be, and
the same is hereby repealed. — Acts of 1867, No. 102.
See acts of 1857, No. 55.
ORPHANS.
An Ordinance for the Relief of Orphans. «;.. -
No. 1003. (1.) That the sum of fourteen dollars be, and the Annual appro
same is hereby appropriated annually for the maintenance and
education of each orphan in the various asylums of this city and
suburbs; upon the conditions hereinafter enumerated.
'S82^: ORPHANS.
Dutyofpresi. No. 1104. (2.) That the president and secretary, or the
asylums.' regular legal officers of each asylum claiming this appropriation
shall, on the first day of December in each year, furnish to the
comptroller of the city a full and correct statement of the num-
ber, age, and sex of each orphan inmate of their respective
asylums on that day, and said statement shall be the basis of the
, appropriation for the ensuing year.
A8yiums,onor- jsfo. 1105. (3.) That the officers of each and every asylum
der of mayor, to , ^ ^ ^ ^ , ^ ^ J J
receive orphans, claiming this appropriation shall, upon the written order of the
mayor of the city, receive and maintain all orphans thus sent to
them, free from any additional charge to the city. '^ And that the
»i*.«4->i»( comptroller, upon the certificate of the mayor that the foregoing
conditions have been complied with, shall warrant on the trea-
surer in favor of the president of each asylum thus entitled, for
the amount appropriated to each asylum, in equal quarterly
payments.
^PPf-JP^ations ^Q^ 1106. (4.) That the following amounts be, and the same
are hereby appropriated to the following asylums, payable in
three equal instalments, on the first day of April, on the first day
of July, and on the first day of October, 1857 :
St. Mary's Male Orphan Asylum, third district,
300 orphans $3,150 00
Female Orphan Asylum, Camp street, first district,
245 orphans 2,572 50
Poydras Female [Orphan Society, Jefferson, 130
orphans 1,365 00
St. Joseph's Grerman Orphan Asylum, fourth district,
113 orphans..; 1,186 50
Orphans' Home, corner Seventh and Live Oak, fourth
district. Ill orphans 1,165 50
Protestant Orphan Asylum, Jackson and Fulton,
fourth district, 104 orphans 1,092 00
St. Ann Asylum, St. Mary and Prytania streets,
fourth district, 52 orphans 546 00
Ladies of Providence Asylum, LaHarpe street, third
district, 14 orphans 147 00
Repeaiingcer- No. 1107. (5.) That all ordinances or resolutions of the late
tain ordinances, j^^uigjpalities of the city of Ncw Orleans and Lafayette, making
appropriations for the support and maintenance of orphans be^
and the same are hereby repealed.
City Ordinance, No. 3321. Approved April 2d, 1857.
I
PILOTS. 383
PILOTS.
ACTS OF THE LEGISLATURE.
An Act relative to Pilots.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Louisiana, in General Assembly convened. That the act entitled Act of 1855 re-
"An act relative to pilots," approved March fifteenth, eighteen hundred P®»^^<*'
and fifty-five,, be, and the same is hereby, repealed.
Sec. 2. That it shall be the duty of the Governor to appoint from Governor to ap-
among the present branch pilots of the port of New Orleans, such a P^^"*^ pilots.
number of pilots as the interest of commerce may demand, and from
time to time hereafter increase the same, should an increase be deemed
by him important. The Governor shall appoint not more than six for
the Atchafalaya bay and river, and one or more for the Sabine river.
No person shall be appointed unless he be a qualified voter, and until he
be examined by a board of examiners and recommended by the board
as a qualified branch pilot.
Sec. 3. That two boards of examiners shall be appointed by the B^ard of exam-
Governor, every two years, to be composed of three persons each, to be i°ers.
selected from the branch pilots. One of said boards shall be for the
port of New Orleans, and the other for the Atchafalaya bay and river.
The Governor shall have power to fill all vacancies.
Sec. 4. That every branch pilot before he takes upon himself the pnotatogive
execution of his duties, shall give bond to the Governor of the State, ^o'^^^-
with two sufficient securities, in the sum of one thousand dollars, to be
approved of by the masters and wardens of the port of New Orleans or
by the recorder of mortgages of the parish of St, Mary.
Sec. 6. That every branch pilot of the port of New Orleans shall be pnots to own pi.
owner or part owner of at least one decked pilot boat, of not less than 1°* boats.
thirty feet keel, and he shall keep such boat exclusively employed as a
pilot boat. Every such branch pilot, not owning or employing a pilot ^
boat as aforesaid, shall be suspended from his office by the masters or
wardens of the port of New Orleans, who shall report the case to the
Governor, who may withdraw the commission or license of such branch
pilot, if, in his opinion, circumstances require such removal.
Sec. 6. That every branch pilot for the Atchafalaya bay and river, . x. ., + ^
shall be the owner or part owner of at least one decked pilot boat, of not Atchafayla.
less than thirty feet keel and eight feet beam, and keep her exclusively
employed as a pilot boat, at least from the first of October until the first
of June in each year. The violation of this section shall subject the
offender to fifty dollars fine for each offense. . ..,
Sec. 7. That if any person not appointed a branch pilot shall pilot pg^gQ^g «aot*iie
any ship, or other vessel, when a branch pilot offers, he shall forfeit and who are not
pay to said branch pilot twice the amount of the pilotage paid to and ^* ^
earned by him.
Sec. 8. That every person offering to pilot a ship or other vessel to exhibit li-
shall, if required, exhibit to the commander of the ship or vessel his ce°se.
license as branch pilot, and upon his refusing or neglecting to do so,
k
i
S84 ' PILOTS.
when demanded, he shall not be entitled to any remuneration for any ser-
vice he may render as pilot.
Compensation of Sec. 9- That the pilots of the port of New Orleans, shall be entitled
^* ° ^' ® ' to ask and receive pilotage at the rate of two dollars and fifty cents for
every foot drawn by any ship or vessel, piloted by them, drawing ten feet
of water or less, and three dollars and fifty cents for all vessels over ten
and under eighteen feet of water, and four dollars and fifty cents
for all vessels having eighteen feet of water and upwards. Vessels of
one hundred and fifty tons and under, from Louisiana, Texas, Alabama
and Florida, shall come in and go out free.
Duty of pilots. Sec. 10. That it shall be the duty of the pilots to pilot, when
required, all inward bound vessels from outside of what is commonly
called *' The point of the main reef " to the mouth of the Atchafalaya
river, and all outward bound vessels from the said river outside of the
reef; and the pilots shall be entitled to demand and receive three dollars
and fifty cents per foot that any vessel may draw under eight feet ; for
each foot over eight feet, four dollars; the part of a foot in like proportion^
All vessels refusing a pilot, other than those trading within the State
of Louisiana, shall pay half pilotage, both inward and outward bound,
provided they shall be spoken by a branch pilot, when inward bound,
outside of the reef, and all outward bound vessels between Berwick's
bay and the mouth of the Atchafalaya river.
Pilots to pilot out Sec. 11. That any pilot piloting any vessel safe from sea, shall have
they brought in *^® exclusive right to pilot such vessel to sea again ; provided, he gives
satisfaction to the master on coming in, and be in readiness and offer his
services before the vessel gets below Shell Island and the Atchafalaya
river.
Pilots refusing to Sec. 12. That whenever any branch pilot shall, when practicable, re-
^^^°^' fuse or neglect to go on board of any ship or other vessel, when called by
signal or otherwise, he shall lose his commission and be forever incapaci-
tated from being commissioned as pilot, and shall morever be liable to be
fined in the sum of five hundred dollars ; in default of the payment
thereof, he shall suffer imprisonment for a time not less than three
months nor more than six months.
Master and war- Sec. 13. That the masters and wardens of the port of New Orleans,
^^T ^J^^^^ with the consent of the Governor of this State, may make such rules
and orders for the better government of the pilots, as they shall deem
proper, and the same from time to time revoke and amend, and impose
fines for contravention of such rules and regulations. The fines thus Im-
posed shall, in no case, exceed the sum of one hundred dollars.
Cofifee houses, Sec. 14. That no license shall be granted to any person to keep a
etc.,at the bahze, ^j^ygpn^ grog-shop, billiard-house, or any other house of public entertain-
. .^ ment at the Balize, the Pouth West Sass, or any other station for pilots,
J /u s nor within three miles from such station, unless the person applying for
such license shall be recommended in writing by a majority of the branch
pilots. Any person keeping any public house, as aforesaid, at any of
:, j?,,7^j^.5 ^, the places aforementioned, without a license, shall pay a fine of fifty dol-
*' ' ' lars for each and every week such house shall be kept; and, moreover,
be obliged to shut up or remove such public house. Nothing in this
<
.JTQJOD 'S- PILOTS. A SSCVAtTB
885
section shall be so construed as to exonerate persons keeping public
houses without licenses, from the fines or other penalties decreed by the
parish regulations.
Sec. 15. That whenever any person shall take, or cause to be taken Taking up an-
•' ■^ . cnor in tne river,
up, any anchor or cable in the river Mississippi, he shall bring or send etc
the same to the port of New Orleans, when the same shall be deposited
at such place as the master and warden of the port shall determine, and
if claimed within three months, by the owners thereof or their agents,
the said anchor or cable shall be restored to them, on their proving prop-
erty, and paying to the person so taking up and bringing the same to the
port of New Orleans, such salvage as shall be determined by the master
and warden of the port. la case such anchor or cable should not be
claimed within the space of three months, the same shall become the
property of the person by whom it may have been taken up. Any per-
son so neglecting or refusing to comply with the provisions of this sec-
tion, shall forfeit and pay for every such ofFense the sum of fifty dollars.
Sec. 16. That all fines, forfeitures or penalties should be sued for and Fines to be for
recovered in the name of the master and wardens of the port, for the use hospital!
and benefit of the charity hospital of New Orleans,
Sec. 17. That the master or owner of any ship or vessel appearing in Extra service
distress and in want of a pilot on the coast, shall pay unto such branch (JstJess!^^*
pilot, who shall have exerted himself for the preservation of such ship
or vessel, such sum for extra services as the said master or owner and
pilot can agree upon. In case no such agreement can be made, the
master and warden, or any of them, shall determine what is a reasona-
ble reward, which the pilot shall be entitled to collect.
Sec. 18. That if the master of any ship or vessel coming or going Half pilotage to
out of any of the mouths of the Mississippi river, shall refuse to receive cases.^
on board and employ a pilot, the master or owner of such ship or ves-
sel, shall pay to such pilot, who shall have offered to go on board and
take charge of the vessel, half pilotage.
Sec. 19. That if any vessel going out, shall carry off to sea, through Carrying pilots
the default of the master or owner of such vessel, any pilot, when a
boat is attending to receive him, the master or owner of such vessel,
shall pay, besides the pilotage, the same monthly wages until he shall
return to the port of New Orleans, as are allowed to the mate of such
vessel : Provided, the pilot shall have performed the duties required of
him by law.
Sec. 20. That it shall be the duty of the board of examiners or the Duty of wardens
master and wardens of the port of New Orleans to report to the fattnTo^bad be-
Governor any neglect of duty, habitual intemperance, carelessness, in- ba'piour, etc., of
competency or any act or conduct of a branch pilot, showing that said
branch pilot ought to be removed, and upon due inquiry it shall be the
duty of the Governor, if such report be well founded, to revoke the
commission of said branch pilot. The Governor may, in his discretiott,
suspend or remove any branch pilot.
Sec. 21. That discharging ballast in the bay, shall subject the Discharging iial-
master or owner of such vessel to a fine of one hundred dollars. — ^Acts ^**^ ^ ^*y-
1857, No. 113. ■'^^ V^ '^.^xiii^-t.-i tn ,-v-';.-
49
386 I SLAVES AND FREE PERSONS OF COLOR.
i.;;,„^, REaiSTKY OF VOTERS. ^ ,,rf
Wheareas, By the 126th section of the city charter it is pro-
vided, ^'That the common council shall fix the compensation of
the services of every officer of the city, or of the State, whose
said services are by law to be paid by the city of New Orleans;"
and whereas, the act of the legislature creating the office of regis-
ter of voters of the city of New Orleans, approved March 20,
1856, section 18th provides that the salary of said officer shall
be paid by the city of New Orleans; therefore, be it —
Salary of register No. 1108. Resolvcd, that from and after the first day of
of voters. ., . .
April, 1857, the salary of the register of voters of the city of
New Orleans shall be at the rate of eighteen hundred dollars
■Kft yi 0* Koai-T P®^ annum, payable monthly, on the ordinary pay-roll of city
xtvtJ^>ii>m.i^ officers.
City Ordinance, No. 3317. Approved March 27th, 1857.
See acts of 1857, No. 210.
^ib'
REVENUE— TAXES AND LICENSES.
— •..■■. .i>'jjB3^#!C,#'dl
Tax on tesi es- No. 1109. Resolved, that a tax at the rate of thMy-S6ten
tate an slaves. ^gjj|.g ^^ every one hundred dollars of the assessed value of all
real estate and slaves, appearing on the tableaux of assessment
made by the State assessors for the year 1856, and a tax of one
^Miq tai' ■ ' hundred and twenty-seven cents on every one hundred dollars of
^vwiiMn j]^e assessed value of capital, income and furniture, appearing on
the tableaux of the State assessors for the year 1856, be, and
the same is hereby levied to pay the ordinary expenses of the
city government for the year 1857, over and above the receipt
from other sources.
City Ordinance, No. 3298. Approved March 25th, 1857.
SLAVES AND FREE PERSONS OF COLOR. -^h
Masters of ves- No. 1110. Resolved, that each and every master of a sea-go-
free c^oEi^per- ing vcssel, or steamboat, in reporting free colored persons
sons, etc. thereon, as required by law, shall pay to the recorder one dollar
(
STREETS, ETC. 387
for each and every bond; and each and every free colored per- \
son recorded in the mayor's office, as required by law, shall pay
one dollar for said recording, and the certificate thereof; and all
of said fees shall be paid by the officers receiving them, into the
city treasury, monthly, and the amount thereof reported monthly
to the common council.
^ City Ordinance, No. 3827. Approved April 2d, 1857. '
j^^,,^,^^.r^„ ACTS OF THE LEGISLATURE. ^* '-^ i*S*'*2f f "^fl
, . , TO H/K( W! «T Jew
Be it enacted by the Senate and House of Representatives of the Staid of
Louisiana, in General Assembly convened, That from and after the passage No slave to be
of this act, no slave shall be emancipated m this State.— Acts of 1857, emancipated.
No. 69 ; approved March 6th, 1857.
See Acts of 1857, No. 219.
See Acts of 1857, No. 265.
STREETS, ETC.
An Ordinance, concerning petitions addressed to the common council, for
and against improvements to the streets, etc , in conformity with sec-
tions 119, 120, 121 of the city charter.
No. 1111. (!.') That all petitions to the common council, Petitions to be
. ^ ^ ^ i-iTi referred to sur-
for improvements to be made on streets, etc., as described by sec- veyor.
tions 119, 120 and 121 of the new city charter, shall, on the
first reading thereof, be referred to the city surveyor, whose duty
it shall be to ascertain whether or not the number of owners of
real property fronting on the street, etc., as required by said
sections, are affixed to said petition for said improvement, to
authorize the publication of the same.
No. 1112. (2.) That should the number of owners of real Duty of surveyor
property on the streets, etc., petitioned to be improved, be found
affixed thereto, as required by sections 119, 120 and 121, it shall
be the duty of the surveyor, upon his knowledge of the fact, to
inscribe the same in a book to be kept for the purpose, and
report thereon to the common council, in order that the same
may be published according to law, recording in said book the
date of each publication ; and after the completion of the num-
ber of publications required by law, to give information to the
common council, so that the necessary adjudications may be
ordered or not, as the case may be.
388 I STREETS, ESO.
Certain other pe- No. 1113. (3.) That all petitions obiectinff to improvements
titions to be re . , . . , . i n i i /.-.-,
ferred to sur- already petitioned tor, snail also be referred to the surveyor on
the first reading of the same, to be recorded and reported by him
to the common council, as the nature of the fact may be upon
examination of the premises, of the number of owners of real
property thus objecting, with the relative bearing of the same
upon the improvements petitioned for, according to sections 119,
120 and 121, of the new city charter.
Costs of publish. No. 1114, (4.) That before the petitions for improvements
comptroller. are published, the comptroller shall demand and receive from
the petitioners the costs of publishing said petition, in accordance^
with section 122 of the city charter. ■,,
City Ordinance, No, 3304. Approved March 27th, 1857.
See No. 108.
■*^ <»»»'>•
'4 iipm
s
K
CITY OFFICERS. /
... /'
mayor;
CHARLES M. WATERMAN.
OOMPTEOLLER : TOBASUEEE : ^
THOMAS THEARD. * ADAM GIFFEN.
STREET COMMISSIONBE : SURVEYOR:
AMEDEE GUYOL. LOUIS H. PILIE.
CITY attorstbt: assistant city attornbt:
J. J. MICHIIL. J. C. LATILLE.
CITY PHTSICUKS.
DR. ALEXANDER HART, DR. CHARLES DELBRY.
First District, GERARD STITH. Third District, *...JOS. SOLOMON.
Second District, G. L, FABRE. Fourth District, L. ADAMS.
Finance Comiuittees«
BOAED OF ALDKEMBN:
L. H. PLACE, Chairman, J. B. GOURDAIN,
AUG. MONTGOMERY, B. S. HARRISON.
BOARD OF ASSISTANT ALDXRUEN:
N. E. BAILEY, Chairman, J. B. OLIVER,
W. C. RAYMOND, JOHN E. HOLLAND.
BBCRETARIES OF THE MAYOR :
J. B. WALTON, JULES CASSARD.
BECRETAKtES OF THE COMMON COUNCIL.
Board of Aldermen: CHARLES CLAIBORNE. Board of Assistant Aldermen : J. A. HOPKINS.
BOARD OF COMMISSIONERS OF THE CONSOLIDATED DEBT.
CHARLES M. WATERMAN, Mayor, President.
L. H. PLACE, Chairmen Finance Committee, Vice President.
T. THEARD, Comptroller. ADAM GIFFEN, Treasurer.
N. E. BAILEY, Chairman Finance Committee, Board Assist. Aldermen.
OVIDE DeBUYS, Secretary.
BOARD OF CITY ASSESSORS.
MARK WALTON, 3d Assessment District, President.
ARTEMON HILL, lat Assessment District. B. CHARBONNET, 7th Assessment District.
LOUIS BOULIGNY, 2d *' « H. DUCATEL, 8th « «
B. L.TRACY, 4th « " C. W. FASSY, 9th « «
JOSEPH BTTER, 5th « " B. SOMMERBAU, 10th " «
F. CORREJOLLES, 6th « « J. A. WATKINS, 11th " «
J. J. BURNETT, 12tli Assessment District.
\
i .1 h I i ''i ^1
? f ;. . M r: ; I -J ii
i'tt*'W-<f:-
1
T Hi' -r (^ 11 r
t&^
'■-jh'^f .H ^.
INDEX
K
-"^..
xacr/ii
,. :. *.#■
m
f
■^m^y^i 'T
J .
INDEX.
ADULTERATION of food and liquors, No. 537.
ADVERTISEMENTS,— CITY, p. 190.
AFFRAYS, p. 183, § 16.
AGENCY— FISCAL, p. 107. See, in index, "Fiscal Agency."
ALDERMEN, p. 50. See, in index, "Common CounciL"
ALLEYS, p. 281. See, in index, "Streets, etc."
ANIMALS stray, p. 207, No. 589. See, in index, "Pounds."
diseased. No. 522.
burial of. No. 527.
beating and killing, etc., p. 183, ^ 31 and 32.
wild and dangerous, No. 526.
hogs. No. 520.
dogs. No. 521.
AQUA FORTIS AND VITRIOL, No. 525.
ARCHIVES, Nos. 1, 2, 219..
ASSAULTS, p. 183, § 13, 14.
ASSESSORS AND ASSESSMENTS, p. 22, and No. 214.
See, in index, "Board of Assessors."
ASSISTANT ALDERMEN, p. 50. See, in index, "Common Council."
ASYLUM FOR INSANE PERSONS, p. 134. See, in index, "Insane Persons.
ATTORNEY— CITY, p. 2.
elected every two years. No. 3.
his office. No. 4.
his duties. No. 5.
to draft ordinances, etc.. No. 6.
to prepare documents, etc.. No, 7.
to keep records of suits, etc., No. 8.
payment of money into the treasury. No. 9.
to make semi-annual reports. No. 10.
his salary. No. 11.
duties at end of term, No. 12.
his clerk, and his duties and salary. No. 1.
duty of attorney in reference to insane persons. No. 386.
duty in reference to house of refuge, Nos. 376, 1083.
duty of attorney in relation \o injunction bonds. No. 25.
50
94 INDEX.'
ATTORNEY— CITY, (Continued.) '
duty of attorney as to certain bonds, etc., p. 25, ^ 28. Statute.
council to elect attorney every two years, p. 3. Statute.
his duties, p. 3.
to receive no extra compensation, p. 3.
his salary, p. 3.
ATTORNEY— CITY ASSISTANT, p. 3. ([ Yi J
his election, Nos. 13, 23, 24.
to institute certain suits, No. 14.
to appeal in certain cases, No. 15.
his weekly reports, No. 16.
his weekly payments, No. 17.
his books. No. 18.
annual report, No. 19. £»Wf; Imol ''ITd'JU'
his compensation, No. 20. ,' ""''■
duty to his successor, No. 21.
his bond. No. 22.
his duty as to injunction bonds, No. 25,
his duty as to violation of ordinance relative to balls, etc.. No. 62.
not to sue in certain courts. No. 26.
duty as to violations of street ordinances. No. 824.
cancelling judgments, No. 27.
recording judgments, Nos. 28, 183.
comptroller's duty as to assistant attorney's accounts, No. 203.
his election, p. 189. Statute.
suits for taxes, p. 251.
suits for violation of ordinances, p. 181. *:>''
AUCTIONS AND AUCTIONEERS, p. 6. Statute.
manner of qualifying, p. 6, § 1.
bond of auctioneers, p. 6, ^ 2. iHA
the amount of bonds, p. 7, ^ 3.
license from auditor, p. 7, | 4. IHA
certain persons disqualified, p. 7, § 5. <'■ '
who may be auctioneers, p. 7, § 6. ' ";
certain duty on articles sold, p. 7, ^ 7.
in certain cases forfeits his license, p. 7, ^ 8.
quarterly accounts, p. 7, ^ 9.
annual statements, p. 8, ^ 10'.
accounts to be audited, p. 8, ^ 11.
oath in writing, p. 8, ^ 12.
duties, when to be paid, p. 8, g 12.
his af&davit in certain cases, p. 8, ^ 13. or
his mileage, p. 8, § 14. n
sales of jewelry, p. 8, ^ 15.
sales of cutlery, p. 9, ^ 16.
right of purchaser to return articles, etc., p. 9, g 17. ' fl-
mock bidders, etc., p. 9, ^18. ... f'.jh
auctioneers cannot purchase, etc., p. 9, ^ 19. io •'{;*0t>
INDEX.
AUCTIONS AND AUCTIONEERS, (Continued.)
his substitute, p. 9, § 20.
places of sales, p. 9, ^ 21.
compensation to auctioneers, p. 9, § 22.
in judicial sales, statement as to advertisements, p. 10, § 1.
legal advertisements, what proof of, p. 10, ^ 2.
responsibility for neglect to advertise, p. 10, ^ 3.
prescription against informalities, p. 10, g 4. ''*^
highest bidders, p. 10, § 5. '*
all sales to be made in day time, except, etc., p. 10, g G. "'
judicial sales, by whom made, p. 11, § 8.
succession sales, by whom made, p. 11, ^ 9.
proces verbal — effect as evidence, p. II, § 10.
notes and securities, p. 11, | 11.
duty of recorder of conveyances, p. 11, ^ 12.
certain sales may be made in New Orleans, p. 11, g 13.
AWNINGS, SHEDS AND HANGING SIGNS, p. 11.
BAKERY, BREAD, ETC., p. 13.
chimneys of bakeries, how to be built, Nos. 154, 155.
BALLS, THEATRES, ETC., p. 15.
permission for balls to be first obtained. No. 46.
mayor to close places of amusement in eertain cases, No. 47.
duration of balls, No. 48.
carrying weapons at balls, etc., No. 49.
penalty for carrying weapons at balls, etc.. No. 50.
police for places of amusement, No. 51.
their compensation. No. 52.
city police. No. 53.
opposing police. No. 54.
permission for exhibitions to be obtained, and tax, No. 55.
disorderly acts. No. 56.
persons of color. No. 57.
vehicles in front of public places, etc.. No. 58. ^*»'t
hours for police, No. 59.
seats for city officers. No. 60.
duty of mayor and surveyor, to prevent accidents, No. 61.
violation of ordinances. No. 62.
mayor to preserve order. No. 63.
ordinances to be posted at public exhibitions, No. 64.
immoral exhibitions, No. 532.
* tax for the benefit of charity hospital, p. 128, § 10. Statute.
BANQUETTES, p. 281. See, in index, " Streets, etc."
BAR-ROOMS, p. 44. See, in index, " Coffee Houses."
BASIN— FLAT BOAT, p. 110. See, in index, "Flat Boat Basin."
BASINS AND CANALS, p. 32. See, in index, "Canals."
BATHING IN PUBLIC PLACES, No. 519.
BATTURE, p. 18.
certificate of surveyor must be had for sand, etc., No. 66.
i
INDEXi
BATTURE, (Continuedi)
no sand permitted to remain on the levee, etc., No. 67.
duty of wharfingers, No. 68.
decisions of supreme court, pp. 19, 165, 292.
BEEF AND PORK, inspection of, p. 20. Statute.
inspectors for New Orleans appointed, p. 20, | 1. Statute.
to provide suitable stores and yards, p. 20, | 2. Statute.
barrels, how made, contents, brands, etc., p. 21, g 3. Statute.
inspection, how made, p. 21, § 4. Statute.
beef, etc., for exportation, how sorted, etc., p. 21, § 5. Statute.
penalty for fraud or neglect of duty, p. 21, ^ 6. Statute.
penalty for mixing or changing beef, etc., etc., p. 22, § 7. Statute.
inspectors not to buy and sell, etc., p. 22, ^ 8. Statute.
not removed until fees paid, p. 22, ^ 9. Statute.
fees for inspection, p, 22, § 10. Statute.
penalties how appropriated, p. 22, § 11. Statute.
BEER HOUSES, p. 44. See, in index, "CoflFee Houses."
BELLS— DOOR, ringing of. No. 496. . ,.^
BIRTHS AND DEATHS, register of, p. 233.
See, in index, "Registry of Births." Id Ail
BOARDING HOUSES AND HOTELS, p. 131.
BOARD OF ALDERMEN, p. 50. See in index ''Common Council."
BOARD OF ASSESSORS, p. 22.
BOARD OF COMMERCE, p. 366.
BOARD OF CURRENCY, pp. 84, 368.
BOARD OF HARBOR MASTERS, p. 118. See in index '« Harbor Masters."
BOARD OF "HEALTH, p. 120. See in index *« Health-"
BONDS AND SECURITIES, p. 24.
to be executed before the mayor. No. 73.
sureties must possess real estate, etc., Nos. 74, 234.
bonds to be completed before issue of warrants. No. 75.
must be furnished within two weeks, No. 76.
the conditions of all bonds, No. 77.
bond of assistant city attorney, No. 22.
bonds of coflFee house keepers, No. 162.
contractors to give security. No. 237.
forfeiture of bonds, etc., p. 25, g 28. Statute.
the city authorized to require bonds, p. 25, | 42. Statute.
BONE BLACK FACTORIES, p. 89.
BREAD AND BAKERIES, p. 13.
BUGGY, p. 311.
BUILDERS, MASTER, WORKMEN, etc., p. 26.
in building may use certain part of sidewalk and street, etc.. No. 79.
unlawful to use certain portions, etc.. No. 80.
forbidden to obstruct gutters, etc.. No. 81.
street commissioner to enforce ordinance relating to builders, No. 82.
tax on builders. No. 689.
BUILDINGS, numbering of fire liwitg, p, 27. jia ^crpriun li . ,. ;
(
INDEX. 397
BmLDWGS, (Continued.)
ground to be filled, No. 84.
surveyor's lines and level to be obtained, No. 85.
front steps of buildings, No. 86.
windows and shutters, No. 87.
roof gutters, conduits for water, etc., No. 88.
ofl&cers of fire department to examine the construction of houses, etc.,
No. 292. . ;
dangerous buildings, duty of surveyor, etc., No. 89. ' '
public buildings to be made safe, duty of mayor, etc.. No. 90.
demolition of houses to stay progress of fire, Nos. 270, 281.
defacing buildings, fences, etc.. No. 91. '
buildings, how to be constructed to prevent fire. No. 263, 292.
all houses to be numbered, etc.. No. 92,
power of mayor, etc., to order numbers to be affixed. No. 93.
wooden buildings not to be erected within certain limits. No. 95.
houses with wooden roofs not to be built within certain limits, No. 96.
removal of houses, No. 97.
increasing dimensions and repairing houses. No. 98.
penalty for violation of ordinanc*- relative to buildings, No. 99.
power of city to make ordinances relative to wooden build'gs, p. 31 . Statute.
BULL AND BEAR FIGHTS, No. 522.
BURIALS AND BURYING GROUNDS, p. 35. See in index ''cemeteries, etc."
CABARETS, p. 44. See, in index, ''Coffee Houses."
CABS, p. 311. See, in index, "Vehicles."
CAMPHENE FACTORIES, p. 89.
CANALS AND BASINS, pp. 32, 365.
powers of the harbor master of the new canal. No. 101.
« captains to report to harbor master, name, etc., of vessel, No. 102.
captains to report in relation to cargo, etc., No. 103.
captains to conform to orders of harbor master, No. 104.
when to discharge cargo, No. 105.
vessels unemployed to pay five dollars per day, etc., No. 106.
not to discharge or receive cargo in certain places. No. 107.
unseaworthy vessels, No. 108.
vessels to have keepers on board, No. 109.
vessels not to be built or careened for repairs in canal, No. 110.
combustible matter and fires. No. 111.
rafts and timbers not to be brought in canal, No. 112.
steamboats in canal. No. 113.
course of vessels in passing each other. No. 114.
towing. No. 115.
vehicles not to be driven on tow-path of canal. No. 116.
throwing articles in or obstructing canals, No. 117.
fines. No. 118.
vehicles not to be driven on landings. No. 119.
schooner landing in canal Carondelet, No. 120.
Where to discharge cargo in said canal, No. 121.
398 INDEX.
CANALS AND BASINS, {Continued.)
penalty, No. 122.
hauling timber from bayou St. John, No. 1077, etc.
CARPENTERS, p. 26.
CARPETS, shaking of, etc.. No. 514.
CARRIAGES, p. 311. See, in index, '* Vehicles."
CARROLLTON AND NEW ORLEANS RAILROAD, p. 223.
See in index, "Railroads."
CARTS, p. 311. See in index, "Vehicles."
CEMETERIES AND INTERMENTS, p. 35.
certificates for burial. No. 123.
failure to obtain certificates, No. 124.
of the material for building tombs. No. 125.
opening tombs. No. 126.
cemeteries belonging to associations, etc., No. 127.
removal of rubbish, No. 128.
duty of sextons, No. 129.
prices for interments. No. 130.
duty of recorder of births and deaths. No. 131.
duty of surveyor and street commissioner relative to cemeteries, No. 132.
burials and church-yards, No. 133.
damaging and defacing tombs, graves, etc., Nos. 134, 535.
improper conduct in cemeteries, etc., No. 135.
dead bodies to be buried within forty-eight hours, etc., No. 136.
vehicles not to enter cemetries. No. 137.
burial of indigent deceased persons, No. 138.
burial of deceased prisoners, No. 139.
interments in fourth district cemetery, No. 140
cemetery of Israelite association. No. 141.
sextons authorized to make arrests, etc., 142.
sextons to post certain ordinance; No. 143.
cemeteries not to be established without permission. No. 144.
disinterring dead bodies. No. 538.
cemeteries exempted from taxation, p. 40, ^ 1. Statute.
right of associations to sell lots for burial, etc., p. 40, § 2. Statute.
CHAIN GANG, p. 41.
CHAMBER OF COMMERCE, p. 366.
CHARITY HOSPITAL, p. 127. See, in index, "Hospitals."
CHILDREN, pp. 131, 182, | 122.
how punished, No. 548. ;
CHIMNEYS AND STOVES, p. 41.
chimneys to be swept every month. No. 147.
stoves— distant from wood work. No. 148.
stove pipes — how to be fixed. No. 149.
stove pipes not to project over side walks. No. 150.
to be so arranged as not to annoy neighbors. No. 151.
penalty for violations of the ordinances, No. 152.
chimneys of steam engines, bakeries and factories, No. 154.
CHIMNEYS AND STOVES, (Continued.)
penalty for violation of foregoing provision, No. 155.
chimneys, etc., how to be constructed, No. 263.
fire department, oflBcers have right to superintend, etc., No. 292.
chimneys — how built against walls in common, etc, pp. 42, 43. Statute.
CmCUSES, p. 15. See, in index, "Balls, etc. "
CITY ATTORNEY p. 2, See, in index, "Attorney."
CITY ASSISTANT ATTORNEY, p. 3. See, in index, "Attorney, City Assistant."
CITY COMPTROLLER, p. 56. See, in index, "Comptroller."
CITY, claims against it, p. 43.
CITY CORONER, p. 73. See, in index, "Coroner."
CITY DEBT, p. 66. See " Consolidated City Debt. "
CITY, NEW ORLEANS, p. 162. See, in index, " New Orleans, "
CITY NOTARY, p. 170. See, in index, "Notary."
CITY OFFICERS, p. 185. See, in index, " Officers."
for list of officers, see p. 389.
CITY PHYSICIANS, p. 198. See, in index, "Physicians."
CITY POUNDS, p. 207. See, in index, "Pounds."
CITY PROPERTY, injuring, etc.. No. 535.
CITY RECORDERS, p. 224. See, in index, "Recorders."
CITY SEAL, p. 257.
CITY SURVEYOR, p. 297. See, in index, "Surveyor."
CITY TREASURER, p. 305. See, in index "Treasurer."
CLAIMS AGAINST THE CITY, p . 43.
city certificates to bear seven per cent, interest. No. 158.
comptroller to register certificates. No. 159.
city officers' salaries to be paid in preference to other claims. No. 160.
finance committees authorized to discount notes, etc.. No. 181.
comptroller to examine, settle and audit claims, etc.. No. 200.
consolidated city debt, p. 66.
CLOTHES AND BEDDING, not to hang in public places, No. 514.
CLUB ROOMS, p. 44.
COACHES, p. 311.
COCK PITS, No. 533.
COFFEE HOUSES, etc., p. 44.
first to obtain license, No. 161.
to give bond and security. No. 162.
must place on the door a sign, etc.. No. 163.
no license to issue to colored persons, No. 164.
conditions of certain licenses. No. 165.
not to transfer license without consent of mayor. No. 166.
not to sell liquors to United States soldiers, etc., No, 167.
not to sell or give away liquor to slaves, Nos. 168, 763, 764.
^ coffee houses open in contravention of laws. No. 169.
hours to keep open coffee houses. No. 170.
music in bar-rooms, etc., No. 171.
disorderly houses, No. 172.
slaves in coffee houses, No. 173.
1
400 INDEX.
COFFEE HOUSES, etc., (Continued.) •
on election days, not to be kept open, No. 174.
lewd women not to be permitted to visit coffee houses, Nos. 403, 1090.
free persons and slaves not to play cards together in coffee houses, No. 765.
slaves not permitted in coffee houses, No. 770.
taxes and licenses on coffee houses, p. 239. See " Revenue."
municipal authorities authorized to regulate sale of liquors, p. 46. Statute,
punishment for keeping disorderly house, p. 47. Statute,
punishment for keeping coffee house without license, p. 47. Statute.
COLORED PERSONS, p. 257.
COMMERCIAL WATER WORKS COMPANY, p. 324. : , '
COMMERCE— CHAMBER OF, p. 366. . ^. e,«>a
COMMISSARIES, duty as to fire plugs. No. 322. ' -
to keep scales and weights, No. 429.
market carts, No. 433.
to post ordinances, No. 439.
their salaries, etc., pp. 155, 156.
COMMISSIONERS, of McDonough estate, p. 142.
commissioners, house of refuge, p. 131."
commissioners, board of health, p. 120.
commissioners, work house, p. 353.
commissioners, charity hospital, p. 127.
commissioners, consolidated city debt, p. 66.
COMMITTEES, p. 47.
finance committees, to withdraw certain suits. No. 177.
their clerk. No. 178.
to approve bills and certificates, No. 179.
to approve applications for orders. No. 180.
authorized to discount notes; No. 181.
to report when notes are discounted. No. 182. •
to record judgments, No. 183, 28,
duty in connection with comptroller, No. 198.
duty as to fiscal agent, No. 337.
duty as to fire department, No. 314.
duty as to approval of certificates, Nos. 158, 159.
compensation of chairmen, p. 48. Statute,
committee on fires, p. 49.
to supervise fire department. No. 190;
with other committees to compose board of commissioners,
No. 314.
for fire department, see p. 94.
committee on house of refuge, p. 49.
committee on police, p. 49.
for police department, see p. 202.
committees on streets and landings, p. 48.
to approve certificates for work done. No. 184.
specifications, Nos. 185, 236-7.
to fix number of carts and laborers, No. 186.
f
INDEX.
401
COMMITTEES, {Continued.)
commmittee on streets, etc., p. 281.
committee on work-houses and prisons, p. 48.
to appoint secretary, and his salary, No. 187.
for work-house and prisons, see p. 353.
committees generally, p. 49.
COMMON COUNCIL, p. 60.
petitions and claims addressed to council, No. 192.
petitions relative to paving and opening streets, No: 193.
publication of proceedings of common council, p. 192.
secretary of board of aldermen, No. 194.
assistant board of aldermen. No. 195. '
committees of common council, p. 47.
official paper of common council, p. 190.
ordinances and legislative power of council, p. 196. Statute.
aldermen, etc., commissioned as justices of the peace, p. 180,
Art. 124. Constitution.
city divided into districts and wards, p, 51. Statutes.
number of aldermen and assistant aldermen, p. 52, § 2. Statutes.
board of aldermen and assistant aldermen, legislative power, etc., p. 52, ^ 3.
term of office of aldermen, p. 52, g 3.
how elected, p. 52, | 8.
term of office of assistant aldermen, p. 52, ^ 3.
division of aldermen into classes, and term of each, p. 52, ^ 4.
assistant aldermen, p, 52, I 5.
vacancy in office of aldermen or assistant aldermen, p. 52, 1 16,
organization of the boards, p. 52, § 18.
president to be chosen by each board, p. 52, § 18,
duties and powers of boards, p. 52, ^ 18. -
power of expulsion of members, p. 52, § 18,
further duties and powers of boards, p. 62, | 18.
boards to meet and act separately, p, 63, § 19.
powers of boards in passing resolutions and ordinances), p. 53, ^ 19.
members not to hold certain offices or become interested in contracts,
p. 53, 1 21.
powers vested in common council, p. 53, I 23.
council not to increase debt of city, p. 53, ^ 1. p. 54, g 2.
warrants not to be issued unless funds to pay the same, p. 54, | 3.
duty of council as to certain taxes, etc., p. 54, ^ 1.
equal and uniform taxes to be levied annually, p. 54, § 42.
rate of taxation, p. 54, § 42.
common council's duty as to assessment districts, p. 54. § 45.
* detailed estimate to be made before taxing, p. 55, | 124.
adoption of said estimate to be an appropriation, p. 55, § 124.
no money to be drawn from treasury without previous appropriation,
p. 55, § 124.
common council to organize different departments and offices, p. 55, ^ 125.
to fix the compensation of officers, p. 56, § 126.
61
402 INDEX.
COMMON COtJNCIL, {Continued.) '=>i
common council not to increase salaries in certain cases, p. 55 ^ 127'
their power of removal, p. 55, ^ 128.
their power to require bond and surety, p. 55, | 132.
power to fix fees of coroner, p. 77, | 1.
have not the power to release contractors, etc., p. 73, ^ 21. •
to elect three members of board of health, p. 12G, § 26.
to appoint committee and directors for water works
company, p. 326, § 11, 22.
decisions of supreme court, p. 165. v
COMPANIES—INSURANCE, etc., pp. 137, 78, 79.
COMPANY— DRAINING, p. 86.
COMPANY— GAS, p. 324.
COMPANY— WATER WORKS, p. 324. See in index " Waterworks Company."
COMPTROLLER, p. 56.
to have a general superintendence of fiscal alfairs, No. 197.
to prescribe the mode of keeping citj' books, etc., No. 198. A ^
his books and accounts, how kept, Nos. 199, 223. "' "'* <
to examine, settle and audit claims, No. 200.
he shall sign and approve orders, etc., and issue licenses, No, 201,
his duty as to tax receipts, No. 202. *
his duty as to assistant city attorney. No. 203. ^h^''' 1
his duty relative to warrants on the treasury, No. 204. ' %^
his semi-annual report, what to contain, etc.. No. 205.
his duty relative to sales of contracts, etc., No. 206.
defalcations and settlement of city ofiicers. No. 207.
his annual report relative to contracts. No. 208.
orders for coal, stationery, etc., No. 209. ; ; '
to make reports in relation to appropriations, No. 210.
his duty in relation to debls due the city. No. 211.
to state the conditions of all contracts at time of sale, etc, No. 212.
his duty in relation to the treasurer's department and his reports. No. 213.
errors in assessments. No. 214.
to examine treasurer's list of taxable persons. No. 215.
bonds of city officers to be executed before him, No. 216. Repealed, see
No. 73.
to sign bonds issued by commissioners of city consolidated debt, No. 217.
his deputies. No. 218.
shall be the keeper of title deeds, contracts, etc.. No. 219.
he shall give bond. No. 220.
specifications. No. 224.
reselling contracts, Nos. 225, 240. '
to countersign treasurer's checks and reports thereon. No. 226. *^'
redemption of city notes. No. 227. ^' .
debts of late municipalities, etc.. No. 228.
to collect rents, etc., due the city, Nos. 229, 230. i«*^'' -'l
to register certificates approved by finance committees, No. 159i "
to obtain printed forms for city ofiicers, Nos. 668, 571.
INDEX.
403
COMPTROLLER, (Continued.)
duty as to fiscal agency, p. 107.
his election, p. 188, § 8. Statute.
his duties and powers, p. 64, g 80. Statute.
his duty relative to violations of ordinances, p. 196, ^ 108." Statute.
comptroller can discharge deputies, etc., etc., p. 189, g 125. Statute.
comptroller to sell contracts, etc., p. 73, | 1. Statute.
CONCEALED WEAPONS, p. 182, § 109, p. 184.
CONSOLIDATED CITY DEBT TAX, etc., p. 66.
by whom to be signed. No. 231.
commissioners to compromise, liquidate, etc., certain debts, No. 232.
commissioners to appoint collectors. No. 232.
collectors' compensation. No. 232. '.
additional debt of city, No. 233.
certain debt to be assumed by New Orleans, p. 69, ^ 37. Statute.
commissioners of consolidated city debt, p. 69, § 37. Statute.
their powers in relation to obligations of city, or bonds, p. 69, ^ 37.
Statute.
creation of consolidated debt of New Orleans, p. 69, § 37- Statute.
apportionment of debts of old corporation, p. 69, § 37. Statute.
raising of a consolidated loan tax, p. 69, ^ 37. Statute.
surplus of said tax, how dispobcd of, p. 69, § 37. Statute.
restriction on New Orleans as to issuance of bonds, etc., p. 70, § 37.
debt of Lafayette assumed by New Orleans, p. 70, ^ 5. Statute.
. payment of said debt, how provided for, p. 70, § 5. Statute.
equal and uniform tax to be levied annually, p. 70, ^ 6. Statute.
rate of taxation, p. 70, § 6. Statute.
CONTRACTS AND CONTRACTORS, p. 70, § 26.
surety to possess real estate, No. 234.
contracts not to be sold until approval of specifications. No. 235.
publications of specifications. No. 236.
purchasers of contracts to oflFer good and sufficient security. No. 237.
city notary to notify purchasers of approval of adjudication, No. 239 .
duty of purchasers of contracts, and resale of contracts, No. 240. >
surveyor to report to council non-fulfillment of contracts, No. 241.
street commissioner to impose fines on street contractors, No. 807.
claims for extra work in contracts. No. 242.
the conditions in all city contracts. No. 212.
street commis'r not to issue certificates to street contractors, etc., No. 802;
officers not to be interested in city contracts. No. 556.
certificates to contractors to bear interest. No. 158.
tax on contractors. No. 689.
bond and sureties, p. 24.
all public works to be sold by contract at auction, etc., p. 73, ^ 1. Statute.
right to appeal from comptroller to common council, p. 73, ^ 2. Statute.
common council have not the right to release contractor, etc., p. 73, ^ 3.
Statute.
Aldermen not to be interested in contracts etc., p. 73, g 21. Statute.
404
INDEX.
CORONER, p. 73.
his fees, No. 243.
expert physician to coroner, p. 198, No. 584.
election of coroner, p. 74, § 1. Statute.
his oath and bond, p. 74, § 1. Statute,
vacancy, how filled, p. 74, ^ 1. Statute.
to be conservator of the peace, p. 74 ^ 2. Statute.
to act as sheriff in certain cases, p. 74, | 3. Statute.
to make inquiries and burials in certain cases, p. 74, ^ 4. Statute. '
slaves to be buried at expense of owners, p. 74, § 4. Statute.
certificates to be made where no inquest, p. 74, § 6. Statute. -*
certificate, where filed, p. 75, g 5. Statute. s
in what cases inquests held, p. 75, | 6. Statute.
jury of inquest summoned, p. 75, ^ 7. Statute.
jurors not attending to be fined, p. 75^ | 8. Statute.
oath of jurors, p, 75, ^9. Statute.
by-standers summoned in certain cases, p. 75, § 9. Statute.
attendance of witnesses may be enforced, p. 75, ^ 10. Statute.
physician may be summoned, p. 75, g 10. Statute.
oath of witnesses, p. 76, ^ 11. Statute.
testimony to be reduced to writing, p. 76, ^ 12. Statute.
verdict of jury, p. 76, g 13. Statute.
form thereof, p. 76, g 13. Statute.
witnesses shall be bound over to appear at court, p. 76, ^ 14. Statute.
returns of coroner, p. 76, ^ 14. Statute.
certain witnesses to be committed to jail, p. 76, g 14. Statute.
duty of coroner to make arrests, p. 76, ^ 15. Statute.
expenses of inquests, how paid, p. 76, ^ 16. Statute.
penalty for overcharging, p. 77 g 16. Statute.
may appoint a deputy, p. 77, ^17. Statute.
common council have power to fix coroner's fees, p. 77, ^ 18, 21. Statute.
mode of proceeding with persons found drowned, p. 77, § 19. Statute.
justice of the peace in certain cases to act, etc., p. 77, | 20. Statute.
CORPORATIONS, generally, p. 78.
for the organization of corporation for works of public improvement and
utility, p. 79. Statute.
for the organization of corporations for literary, scientific, religious and
charitable purposes, p. 81. Statute.
;: to extend powers of railroad corporations, p. 83. Statute.
act fixing domicile of corporations, p. 367.
COTTON PRESSES AND PICKERIES, p. 84.
COUNCIL— COMMON, p. 50. See, in index, "Common Council."
COURT HOUSES, keeper of, p. 138.
CRACKERS, etc., firing off, No. 499.
CRIMES, MISDEMEANORS AND NUISANCES, p. 172.
See, in index, "Offenses."
CRIMINALS AND FOREIGN PAUPERS, p. 112,
CURRENCY— BOARD OF, pp. 84, 368. ^ i,- .. : :.: ,., ,: ,.,, .i^- :.: ii,.
INDEX.
DAIRIES AND STABLES, p. 275.
DEATHS AND BIRTHS, registry of, p. 233.
DEBT, CONSOLIDATED CITY, p. 66. See, in index, "Consolidated City Debt."
DEPARTMENT— POLICE, p. 202. See, in index, *Tolice Department."
DISINTERMENT of dead bodies, No. 638.
DISTURBANCES, No, 505.
DITCHES, p. 90.
DOGS, No. 521, and p. 183, ^ 31, 32.
DOOR BELLS, ringing of. No. 496.
DOOR PLATES, defacing, etc.. No. 496.
DRAINS, draining company, p. 86.
DRAYS, p. 311. See, in index, "Vehicles."
DRUMS', beating of. No. 501.
DRUNKENESS, No. 505.
ELECTIONS, pp. 86, 368, 234.
for subscription to stock companies. No. 247.
treasurer to keep list of persons paying taxes, No. 248.
expenses for refreshments for judges, etc., No, 249.
improper interference of police, No. 250.
notices in papers of elections, p. 192.
coffee houses not to be kept open on election days. No. 175.
voters must vote in the precincts of their residence, p. 87, Art. 13.
the vote shall be by ballot, p. 87, Art. 98,
commissioners liable in damages in certain cases, p. 87,
duty of common council to establish precincts, p. 87, § 12, Statute,*
appointment of inspectors and clerks, p. 88, g 13. Statute.
returns of election, how made, p, 88, ^ 14. Statute.
registry of voters, p, 234. Statute.
authorized to administer oaths, p, 238, § 17.
appointment of register, p, 234, ^1.
his duty to register name and residence of voters, p. 284, g 1,
what names to be registered, p, 234,' ^ 2,
form of registry, p, 234, ^2,
evidence of naturalized citizens, p. 235, § 3,
duty of clerks to furnish certificates, p. 235, ^ 3.
affidavit to be made by certain persons, p. 235, § 4.
certificates to be furnished to citizens, p. 235, g 5.
duplicate certificates to be given in certain cases, p. 235, ^ 6.
change of domicile to be registered, p. 236, ^ 7.
re-acquisition of residence, p, 236, § 8.
to enforce registry if register declines, p, 236, § 9,
office, when to be kept open, p. 236, | 10.
register's books, p. 236, ^11.
copies to be delivered to commissioners, p, 236, § 12.
penalty in case of neglect of register, p. 236, § 12.
power of governor to remove register, p. 237, | 13.
register, in certain cases, liable in damages, p. 237, ^ l4.
certificate conclusive evidence of right to vote, p. 237, § 16.
406 INDEX.
ELECTIONS, ( Continued.)
register's bond and security and oath, p. 238, § 16,
salary, and by whom paid, and his office, p. 238, ^ 18, p. 381.
his deputy, p. 238, | 19.
all persons registered, etc., to vote and their oath, p. 238, § 20.
persons unregistered not to vote, p. 239, ^ 21.
repeal of certain registry law, p. 239, ^ 22.
an act relative to elections in parish of Orleans, p. 368.
election precincts, p. 368, § 1.
places for holding polls, p. 369, § 2.
how the polls shall be known, p. 369, | 3.
polls of seventh precinct, p. 369, | 4.
register to sub-divide lists, p. 369, ^ 5.
board of commissioners, their duties, etc., p. 369, ^ 6.
to appoint commissioners of election, p. 369, § 6.
president and secretary of board of commissioners, p. 369, § 7.
commissioners of election, p. 370, § 8.
salary of members of the board, p. 370, § 9.
board to designate places for polls, p. 370, § 10.
places for holding polls to be published, p. 370, § 11.
commissioners failing to attend — their substitutes, p. 370, § 12.
oaths of commissioner, p. 370, § 13.
polls not to be held in coffee houses, p. 371, ^ 14.
hours of opening and closing polls, p. 371, § 15.
* superintendent of elections, p. 371, g 16.
threatening voters, p. 371, ^17.
preventing persons from voting, p. 371, ^ 17.
ballots and ballot boxes, p. 371, ^ 17.
superintendent's office and deputies, p. 371, ? 18.
duty of superintendent, p. 371, | 19.
to employ any number of deputies, p. 372, ^ 20.
deputies — their oaths, p. 372, \ 21.
deputies to be commissioned, p. 372, § 22.
to appoint extraordinary deputies p. 372, § 23.
penalty for refusing to serve, p. 372, g 23.
disturbing commissioners and voters — penalty, p. 372, § 24.
resisting superintendent and deputies, p. 373, § 25.
arrests on election days, p. 373, § 26.
salary of deputies, p. 373, § 28.
register of deputies, p. 373, § 29.
New Orleans to pay half expenses, p. 374, I 30.
superintendent authorized to close coffee houses, p. 374, § 31.
office expenses of board, by whom paid, p. 374, ^ 32.
when this act to go into effect, p. 374, § 83.
law relative to betting on elections repealed, p. 381.
EVENING GUN, p. 89.
hour for slaves to return to their homes. No. 766.
EXHIBITIONS— PUBLIC, p. 15. See, in index, "Balls, etc."
(
INDEX. 407 '^
FACTORIES, TANNERIES, SLAUGHTER HOUSES, p. 89.
permission of council to be obtained. No. 252.
animals, how to be slaughtered. No. 254.
no blood, etc., to be left in street, lot, etc.. No. 255.
offensive odors from slaughter houses, No. 256.
owners of the houses made responsible, No. 257.
duty of police relative to slaughter houses, No. 258. ,
FENCES, WALLS AND DITCHES, p. 90.
FERRIES, p. 91.
FIRE, to prevent and extinguish, etc., p. 92.
chimney, stoves, construction of buildings, Nos. 263, 292.
burning shavings and other combustible matter in streets, etc., Ncf. 264.
fires on vessels. No. 111.
lights in stables and in places where hay, etc., is kept. No. 266.
fires in markets. No. 448.
boiling pitch, tar, etc., Nos. 266, 111.
firing pistols, guns, crackers, etc.. No. 267.
houses to be provided with ladders. No. 268.
making false alarm of fire. No. 269.
demolition of buildings to stay progress of fire, No* 270.
chimneys, stoves, etc., p. 41. . »
limits within which wooden buildings are excluded, p. 30. / ^'Ir
FIRE DEPARTMENT, p. 94.
of what it shall consist. No. 272.
what every company must be provided with, No. 278.
hook and ladder companies. No. 274.
steam engine. No. 275.
hose company of steam engine. No. 276.
police powers of the ofl&cers. No. 277.
certificate for each officer. No. 278.
duty of captains. No. 279.
duty of lieutenants. No. 28(^.
duty of chief and assistants. No. 281.
duty of chief engineer. No. 282.
members of companies. No. 283.
duty of officers of companies. No. 284.
duty of captains or foremen, 285.
duty of officers of hook and ladder companies. No. 286.
duty of officers of steam engine hose company. No. 287.
duty of officers of steam engine company. No. 288.
engineer of steam engine company. No. 289.
members' uniforms, etc.. No. 290.
powers of companies, No. 291.
power of officers to examine construction of buildings, Nos. 292, 263.
location of companies. No. 293.
Jocation of steam engine, bell ringers, etc., No. 294.
officers, their appointment. No. 295.
removal from office, 296.
I
#d8 INDEX,
I
FIRE DEPARTMENT, (Continued.) • • ■ 'vfOtDi.'!
oath of officers, No. 297. : ,•
bond of chief engineer, No. 298.
bonds of assistant engineers. No. 299.
limitation of number of companies, No. 300, ,ri<
department supported by contract, No. 301. r j
sale of contract, No. 302.
appointments and removals of officers. No. 803.
obligations of purchaser of contract, No. 304.
obligations of contractor, No. 305.
obligations of contractor, No. 306.
duty of contractor, No. 307-8.
police powers of contractor, No. 309.
inventory of engines, etc., No. 310. > i
contractor to keep engines in good order, No. 311.
death of contractor, No. 312.
power and duty of committees of council on fires. No. 313.
board of fire commissioners — their power, etc.. No. 314.
contractor to be paid monthly. No. 315.
sale of contract to be approved by council, No. 316.
^^ repealing clause, No. 317.
'^ delivery of engines, etc., No. 318:
duty of police during fire, Nos. 319, 820.
engines not to be run on sidewalks. No. 321.
duty of commissaries as to fire plugs. No. 322.
police to arrest persons opening fire plugs, No. 323.
board of commissioners. No. 324.
board of commissioners, their clerk, No. 325.
depot for fire apparatus, No. 326.
fire bells. No. 327.
incorporation of fire companies, p. 106, § 1. Statute.
. firemen exempt from jury duty, p. lOG, ^ 1. Statute.
FIRE, false alarm of. No. 528.
FIRE LIMITS, p. 30. See, in index, "Buildings."
FIRES, committee on, p. 49.
FISCAL AGENCY, p. 107.
common council to elect a fiscal agent, No. 828.
the dpject and purpose of electing such agent, No. 329.
agent to pay interest coupons, bonds, etc., No. 330.
to make monthly reports. No. 331.
duty of treasurer. No. 332.
comptroller, No. 333.
term of office, No. 334.
contract in writing between city and said agent, No. 335.
the bank selected to notify mayor of acceptance, No. 336.
chairman of finance committee to make the contract, No. 337.
common council to elect fiscal agent, p. 109, ^ 118. Statute.
INDEX.
409
FISCAL AGENCY, {Continued,)
duties of said fiscal agent, p. 109, § 118. Statute.
fiscal agent in certain cases to pay bonds, p. 109, § 118. Statute.
proviso, p. 109, g 118. Statute. y . '
duties of fiscal agent, p. 109, § 118. Statute.
FLATBOATS AND FLATBOAT BASIN, p. 110.
unlawful to shell corn in basin. No. 338.
removal of goods, in flatboats, for purposes of sale, No. 339.
discharging cargo. No. 340.
location of boats, No. 341. , ¥ i
duty of wharfingers. No. 342.
wharfage dues, 1001. ■^''
breaking up of flatboats, Nos. 1011, 1015.
flatboat, etc., landing, Nos. 1013, 1016.
FLOUR, INSPECTION OF, p. 111. .
the inspectors appointed by governor, etc., p. Ill, § 1. W^
their fees, p. Ill, § 2. - . r
duties of the inspectors, p. Ill, ^ 3.
flour how inspected, p. 112, g 4.
penalty against owner in case of mixture, p. 112, ^ 5.
penalty for altering the brand of inspectors, p. 112, ^ 6.
FOREIGN PAUPERS AND CRIMINALS, p. 112.
FORGES, FOUNDRIES AND STEAM ENGINES, p. 113.
FORGES, chimneys of, No. 154.
FREE PERSONS OF COLOR AND SLAVES, p. 257. See, in index, "Slaves."
GAMBLING, p. 183.
GAS COMPANY, p. 324.
GAS LIGHTS, p. 139.
GIGS, p. 311. See, in index, "Vehicles."
GOATS, stray, p. 207, No. 589.
GOODS, not to obstruct pavements, etc., etc., Nos^ 509, 594, 962.
GRAVE YARDS, p. 35.
GROCERIES, not to be sold in streets, No. 515.
GROG SHOPS, p. 44. See, in index, "Coffee Houses."
GUN, EVENING, pp. 89, 499.
GUNPOWDER AND POWDER MAGAZINE, p. 114.
license to sell gunpowder, No. 347.
"Wholesale vendors, No. 348.
dealers in powder must have certain sign. No. 349.
vessels, steamboats, etc., carrying powder. No. 350,
no person allowed to pack powder, etc., No. 351.
vehicles for conveying powder, No. 352.
publication of laws relative to gunpowder. No. 353.
keeper of powder magazine annually elected, No. 354.
hours for keeping open the magazine. No. 355.
regulations of the magazine, No, 356.
delivery of powder, No. 357.
52
t
#
tlirbEi.
aUNPOWDEE, AND POWDER MAGAZINE, {Continued.)
charges, No. 358.
certain companies exempted from charges, No. 359.
penalties, No. 360.
city council authorized to punish contraventions, etc., p. 116, g 7. Statute.
council authorized to charge for keeping powder, p. 117, ^ 1. Statute,
build powder magazine, p. 117, ^ 2, 3. Statute.
HACKS, p, 311, See, in index, "Vehicles."
HANGINa SIGNS, p. 11.
HARBOR MASTERS, p. 118.
their duties and powers, Nos. 362, 363.
harbor master of new canal, his duties, p. 32.
five harbor masters to be appointed for New Orleans, p. 119, § 2. Statute.
term of office, p. 119, ^ 2. Statute.
powers of removal by governor, p. 119, ^ 2. Statute.
to give bond and security, p, 119, § 3. Statute.
duties and powers of harbor masters, p. 119, ^ 4. Statute.
penalty for opposing them in their duties, p. 119, § 4. Statute.
persons aggrieved may appeal to board of harbor masters, No. 119, ^ 4.
their compensation, p. 119, § 5, Statute.
duty to enforce laws relative to nuisances on levee, p. 120, § 6. Statute.
their office, where to be kept, p. 120, § 7. Statute.
to demand from captains permits of resident physicians, etc., p. 125, § 17.
HEALTH— BOARD OF, AND QUARANTINE, p. 120.
street commissioner and police, to execute orders of, etc., No. 364.
quarantine established, p. 120, § 1. Statute.
board of health to locate quarantine ground, p. 120, § 1.
board of health,, how composed and chosen, p. 121, § 2.
term of office and oath, p. 121, | 2.
meetiugs of the board of health, p. 121, ^3.
time of meeting and organizing, p. 121, g 4.
duties of the president, p. 121, ^4.
his removal and salary, p. 121, ^ 4.
what shall constitute a quorum, p. 121, g 5.
assistant physician, and his salary, p. 121, g 6.
powers and duties of board of health, p. 121, § 6.
secretary and treasurer, p. 122, g 6.
to remove substances detrimental to health, p. 122, § 6.
their power to enforce sanitary ordinances, p. 122, ^ 6.
appointment, duty and salary of marshall, p. 122, ^ 6.
quarantine stations, etc., p. 122, ^ 7.
appointment, salary and duty of physician, p. 123, ^ 8,
his power to detain certain vessels, p. 123, ^ 9.
his power over officers and vessels, p. 123, ^9.
vessels found in a foul condition, p. 123, § 9.
duties of physician, p. 123, ^ 10.
treasurer for the quarantine ground, p. 124, § 11.
duties of secretary of board of health, p. 124, § 12.
INDEX. 411
HEALTH— BOARD OP, AND QUARANTINE, (Continued.)
proclamation, in certain cases, by the governor, p. 124, ^ 13.
effects thereof, p. 124, § 13.
penalty for violating quarantine regulations, p. 124, § 14.
duty of captains of tovr boats, p. 125, ^ 14.
penalty for violating the provisions of this act, p. 125, § 15.
report to be made of all violations, p. 125, g 16.
prosecution for violations, p. 125, | 16. .^^j
duty of harbor masters, p. 125, § 17. i
tow boats liable to inspection and quarantine, p. 125, § 18.
penalties imposed on captains for certain offeuses, p. 125, g 19.
jurisdiction of courts, p. 125, ^ 19.
extracts of this act to be published, etc., p. 125, § 20.
duty of pilots to deliver copies, etc., and penalty, p. 126, § 21.
going on vessels performing quarantine, p. 126, § 22.
limits of quarantine station, p. 126, § 23.
appropriation by the State, and how paid, p. 126, § 24.
buildings at the stations, p. 126, ^ 25.
common council to elect three members of the board, p. 126, ^ 26.
incorporation of board of health, p. 126, § 27. •
HOGS, not to be kept in certain parts of city, No, 520.
running at large, p. 109, No. 691.
HORNS, blowing of. No, 501.
HORSES, cruelty to, p. 183, § 31, 32.
hitching them near, or on sidewalks, No. 512.
riding them in certain squares or streets, No. 611.
stray, p. 207, No. 589.
washing them on pavements. No. 513.
for loading vessels. No. 1032.
HOSPITALS, p. 127.
tax on every private hospital. No. 670.
charity hospital, eight administrators appointed, etc., p. 127, ^ 1. Statute.
the governor to be president, the vice-president, etc., p. 127, § 1.
the meetings of the board of administrators, p. 127, | 1.
the powers of the board, p. 127, § 2.
powers and duties of the board, p. 127, ^ 3.
treasurer, his bond, p. 128, § 4.
duties of treasurer, p. 128, § 6.
board to declare seats vacant, p. 128, § 6.
their annual report, p. 128, § 7.
register to be kept by clerk, p. 128, § 8.
board to annex register to their annual report, p. 128, J 8.
money, how appropriated, p. 128, § 9.
exhibitions, balls, etc., taxed^for hospital, p. 128, g 10.
report to be made by captains, etc., p. 128, | 11.
certain persons to give bonds, p. 129, ^ 12.
penalty for not giving bonds, p. 129, § 12.
eommutation for said bonds, p. 129, ^13. , , . . ^, ,
jM'
412 INDEX.
HOSPITALS, {Continued.)
commutation, to whom made, p. 129, g 14.
effect of the said bopds, p. 129, § 15.
hospital commissioners, their duty, appointment, etc, p. 129, ^16.
bonds, fines and forfeitures to be paid to hospital, p. 130, § 17.
penalties, etc., p. 130, g 18.
persons opposing harbor masters pay penalty for hospital, p. 119, ^ 4.
certain fines to be paid charity hospital, p. 188, § 96, p. 202, | 17.
decisions of supreme court, p. 130.
HOTELS, BOARDING HOUSES, etc., pp. 131, 374.
HOUSE OF REFUGE, p. 131.
council to elect a board of commissioners. No. 365.
president of the board, No. 366.
powers and duty of the board, No. 367.
to make quarterly reports. No. 368.
duty of committees of house of refuge. No. 369.
board to appoint ofiicers and servants, No. 370.
commissioners failing to attend meetings, No. 373.
secretary of the board, No. 374.
• the house of refuge, p. 375.
city attorney to attend to writs of habeas corpus. No.' 376. .
girl's house of refuge. No. 377.
appropriation for holidays, No. 378.
punishment of minors, No. 548.
who considered juvenile vagrants. No. 1080.
punishment of parents of juvenile vagrants, No. 1081.
duty of police, etc., No. 1082.
duty of city attorney, No. 1083.
committees on house of refuge, p. 49.
juvenile vagrants, bow treated, p. 134, ^ 122. Statute.
criminals under fifteen years old, sent to house of refuge, p. 134, § 31.
HOUSES, BUILDINGS, etc., p. 27. See, in index, " Buildings."
HOUSES— SLAUGHTER, p. 89. See, in index, '« Factories."
IDIOTS, asylum, etc., p. 134.
INDECENT LANGUAGE, etc.. No. 502.
INSANE PERSONS, asylum for, etc., p. 134.
temporary city asylum. No. 379.,
its officers, No. 380.
duty of superintendent, No. 381.
its location. No. 383.
charge for slaves. No. 384.
charge for white patients, No. 885.
city attorney to take steps for their admission in Jackson asylum, No. 386.
city physician to visit them daily. No. 387.
duty of keeper to notify sheriff, etc., No. 388.
lunatics, how admitted to Jackson asylum, p. 136, g 9. Statute,
duty of district judges and sheriffs, p. 136, § 9.
compensation to sheriffs, p. 136, § 9.
INDEX. 413
INSANE PERSONS, {Continued.)
power of the board to receive lunatics, p. 136, g 10.
monthly accounts paid by lunatics, p. 136, ^ 11.
indigent persons exempted from charges, p. 136, ^ 11.
duty of clerks of district courts, p. 136, ^ 12.
INSPECTION OF BEEF AND PORK, p. 20. See, in index, "Beef," etc.
INSPECTION OF FLOUR, p. 111. See, in index, "Flour."
INSPECTION OF TOBACCO, p. 300. See, in index, "Tobacco."
INSPECTION OF WEIGHTS AND MEASURES, p. 351.
See, in index, "Weights," etc.
INSPECTIONS, generally, p. 137.
INSURANCE, insurance companies, pp. 137, 78, 79.
INTERMENTS AND CEMETERIES, p. 35. See, in index, "Cemeteries."
INTOXICATION, No. 505.
JACKSON (La.) INSANE ASYLUM, p. 136.
JACKSON (Miss.) AND NEW ORLEANS RAILROAD, p. 218.
JAILS, p. 357. •
JURORS AND JURY, p. 138.
JUSTICES OF THE PEACE, j). 224, See "Recorders."
JUVENILE VAGRANTS, p. 182, ^ 122, and p. see "House of Refuge.
KEEPER OF COURT HOUSES, p. 138.
council annually to elect keeper, No. 390.
his duties, Nos. 391, 392, 393.
his responsibility, No. 394.
to reside and sleep in court house, No. 395.
his compensation, No. 396.
his bond, No. 397.
council may demand additional security, No. 398.
additional duties, No. 400.
KEEPERS OF POUNDS, p. 207.
LAMPS, LIGHTS, GAS, etc., p. 139.
LEVEES, p. 281. See, "Streets."
LEVEES, p. 332. See "Wharves."
cutting levees — penalty, p. 182, ^ 109.
LEWD WOMEN, pp. 141, 376.
to live within certain portions of the city, Nos. 1084, 1102.
duty of police and recorders. No. 1085.
to pay tax and obtain license, No. 1086.
their annual tax, Nos. 1087, 1100.
mayor's duty as to licenses, 1088.
disturbing the peace — penalty, Nos. 1089, 403,
not to visit cabarets, etc., Nos. 1090, 404.
white women and free colored women not to live together, No. 1091.
hiring rooms and houses. No. 1092.
mayor, in certain cases to order their removal, No. 1093.
police powers, etc.. No. 1094.
forbidden to do certain things. No. 1095.
penalty for opposing police, 1096.
414 INDEX.
LEWD WOMEN, {Continued.)
police to enforce ordinances and make arrests, Nos. 1097, 405.
when this ordinance shall go into effect, Nos. 1098,'1101.
keeping disorderly houses, p. 47, ^. 92. Statute.
LICENSES, TAXES, etc., p. 239. See, in index, "Revenue."
LIGHTS, p. 139.
LIME— QUICKLIME, p. 217.
LIVERY STABLES, p. 275.
LOTS— FENCING, p. 90.
filling, No. 629.
Mcdonough estate, p. 142.
powers of commissioners, No. 406.
suits, how to be conducted. No. 407.
compensation of commissioners; No. 408. .
estate, how to be devoted, No. 409.
disposition of real estate. No. 410.
partition of the estate, No. 412.
sale of the property of the estate. No. 413.
proceeds, how invested, No. 414.
disposition of the slaves, No. 415.
taxes on the estate, No. 747.
commissioners authorized to effect a partition, p. 145, ^ 1. Statute.
MAGAZINE— POWDER, p. 114. See, in index, "Gunpowder."
MARKETS, p. 146.
sale of revenues of markets. No. 418.
term of said sales, No. 419.
what dues to be collected. No. 420.
what may be sold in markets. No. 421.
vendors must have signs with name, etc., No. 422.
market hours, No. 423.
cleaning stalls, sub-leasing stalls, etc., 424.
the lessee must keep register, etc., 425.
unlawful to keep stands on banquettes at markets, 426.
sale, of spoiled articles, etc., Nos. 427, 457, 536.
meats to be sold in markets only. No. 428.
commissaries to keep scales and weights, etc.. No. 429.
sale of liquors forbidden. No. 430.
hawkers and peddlers not to sell in markets, etc.. No. 431.
certain articles to be sold exclusively in markets, Nos. 432, 516.
vehicles under charge of commissaries. No. 433.
unlawful to stand or sit on stalls. No. 434.
duty of commissaries. No. 435.
obligations of lessees. No. 436.
fees payable to lessees. No. 437.
fines, recoverable before what court. No. 438.
commissaries to post market ordinances. No. 439.
salt meats, how sold, No. 440.
vegetables not to be washed in markets, No. 441.
f
INDEX.
ili
MARKETS, (Continued.)
dues payable daily, No. 442.
grocery stands not allowed, No. 443. <.
groceries not to be sold in streets, etc., No. 444.
lessee's dues, No. 445 .
oysters not to be sold in markets, No. 446.
obstructions, Nos. 447, 453.
fires not allowed in markets, No. 448.
violations of orders of commissaries, No. 449.
vegetable market, second district, Nos. 450-1.
obstructions, cooking in markets, etc. , and penalty, Nos. 453-4.
lessees to provide for cleaning and white washing markets. No. 455.
street commissioner to require cleaning of markets, No. 456.
spoiled and impure meats, fish, etc., Nos. 457, 427, 536.
tubs for daily refuse, Nos. 458, 461.
offal, etc., to be thrown in tubs. No. 459.
throwing meat, fish, vegetables, etc., into streets, etc., penalty, No. 460.
vegetable market, first district, No. 462.
Dryades street market, No. 463.
chains across streets, around Poydras market, Nos. 464, 465.
second district market, No. 466.
salaries of commissaries, p. 155.
suspension of commissaries, No. 478.
commissary of St. Mary's market, No. 479.
^/ commissary of Vegetable market, second district, No. 480.
commissary of Washington market, No, 481.
appointment of commissaries. No. 482.
commissaries subject to instructions of chief of police. No. 483.
commissaries, their duty as to fire plugs. No. 484.
w commissaries, their duty to examine bread, etc., No. 41.
decisions of Supreme court, p. 157.
MASTERS AND WARDENS, of the port of New Orleans, p. 157.
their appointment and term of office, p. 157, § 1. Statute.
their office and books, p. 157, ^ 2.
duties of masters and wardens and their fees, p. 157, ^ 3.
not to be interested in any pilot boat or with pilots, p. 158, ^ 4.
fees in certain cases, p. 158, ^ 5.
additional fees, p. 158, ^ 6.
deputies and their oaths, p. 158, ^ 7.
to make rules for government of pilots, p. 201, | 13.
in certain cases to sue for fines and forfeitures, p. 202, ^17.
decisions of Supreme court, p. 158.
MAYOR OF NEW ORLEANS, p. 159.
his salary, per annum, No. 485.
in certain cases to send ordinances, No. 486.
his seal for the city, No. 487.
salaries forliis clerks, No. 748.
bonds of all officers to be executed before the mayor, No. 73.
I
6 INDEX.
MAYOR OF NEW ORLEANS, {Continued.)
his duty concerning dangerous buildings, No. 89.
safety of public buildings, Nos. 90, 61.
his power to affix numbers to houses, No. 93.
authorized to order the opening of tombs, No. 126.
duty to close disorderly houses, Nos. 172, 63.
his duty relative to construction of houses, No. 263.
in cases of fire, power to order houses pulled down, etc., Nos. 270, 281.
to raise mortgages in certain cases. No. 490.
his duty in reference to lewd women, Nos. 403, 404, 1088, 1093.
his notices to discontinue nuisances and offenses. No. 549.
ex-officio, chief of police, pp. 203, 568.
to publish ordinances relative to gunpowder. No. 353. -
to keep list of owners of vehicles, etc., etc., No. 893.
in certain cases to close balls, etc., No. 47.
in certain cases to close balls, theatres, and other public places. No. 63.
to grant licenses for public balls. No. 46.
to grant licenses for theatres, and all public exhibitions. No. 55.
to take steps to prevent accidents at public places. No. 61.
license for cock-pits, etc., No. 533.
to prevent the landing of spoiled provisions, etc., No. 540.
his duty as to bakeries and bread, p. 13. ' **Mt-.
his duty as to elections, p. 88, | 13. Statute.
qualifications of mayor, p. 160, ^ 26.
duties of the mayor, p. 160, ^ 26.
salary of the mayor, p. 160, 26.
fees, how disposed of, p. 160, I 26.
veto power of the mayor, p. 161, § 27.
power of common council to ps^s ordinances vetoed by mayor, p. 161, § 27.
qualification of voters for mayor, p. 161, ^ 10.
vacancy in office of mayor, p. 161, § 15.
mayor commissioned as justice of the peace p. 180, Art. 124. Constitution.
decisions Supreme court, p. 161.
MEASURES AND WEIGHTS— INSPECTION OF, p. 351.
See, in index, "Weights and Measures."
MERCHANDISE, not to obstruct streets, wharves, etc., Nos. 509, 594, 962.
MISDEMEANORS, p. 172. See, in index, "Offenses."
MORTGAGES, recorder of, and registry, pp. 230, 232.
MULES, stray, p. 207, No. 589.
NEGROES, p. 257. See, in index, "Slaves."
NEGRO TRADERS, p. 274. See, in index, "Slave Marts."
NEW CANAL, p. 32.
NEW ORLEANS, p. 162.
history of, p. vii.
seal of the city. No. 488.
urban portion of city. No. 489.
ground rents due the city, No. 490. »
city property unknown, its discovery, etc.; Nos. 491, 492.
INDEX. 41T
NEW ORLEANS, (Continued.)
repeal of old ordinances, p. 196, No. 580.
powers of common council and city precincts, p. 50. Statute.
consolidated city debt and loan, p. 66.
assessment districts, p. 22.
right of the city to appoint its officers, p. 163, Art. 124. Constitution.
its representation in State senate, p. 163, Art. 16. Constitution.
what embraced in the city of New Orleans, p. ir)3, § 1. Statute.
powers of the corporation, p. 164, § 1. Statute.
laws extended all over the city, p. 164. Statute.
its debts not to be increased, etc., p. 164, § 1, 2. Statute.
the city liable for damage done by mobs, etc., p. 164. Statute.
city authorized to require bonds from officers, etc., p. 165. Statute.
decisions of Supreme court relative to its powers, duties, etc, p. 105.
NEW ORLEANS GAS COMPANY, p. 824.
NEWSPAPERS, p. 190. See, index, "Official Paper/'
NOTARY— CITY, AND NOTARIES PUBLIC, pp. 170, 380.
election of city notary, his compensation, etc., No. 493.
his duty relative to contractors, etc., No. 494.
notaries public to have conveyances recorded, p, 170, ^ 1. Statute.
appointments on recommendation of Supreme court, p. 171, ^ 2.
their bonds, p. 171, ^ 2.
certificate of register of conveyances, p. 171, § 3.
acts of sale not to be made till payment of taxes, p. 171, g 4.
penalty for violating foregoing section, p. 171, § 6.
deputy notaries, and their oath, p. 171, ^ 6. '^»**^l *^'*'<
relative to notices of protest, p. 171, ^6.
fees of notaries public, p. 171, g 19.
after 1st May, 1857, all present offices vacated, p, 380, g 1.
Governor to appoint their successors, etc., p. 381, | 2.
Governor, in appointing, to designate the offices, p. 381, ^ 3.
repealing clause, p. 381, ^ 4.
NUISANCES AND OFFENSES, p. 172. See^ In index, "Oifenses."
nuisances offensive to decency. No. 502.
NUISANCE WHARVES AND BOATS, No. 1027.
NUMBERING OF HOUSES, p. 29. See, in index, "Buildings."
OBSTRUCTING GUTTERS, No. 509.
OBSTRUCTING LEVEES AND WHARVES, No. 962.
OBSTRUCTING STREETS AND PAVEMENTS, No. 594.
OFFAL, not to be thrown in streets, etc., 506.
nor kept in yards, No. 507.
OFFENSES AND NUISANCES, p. 172.
defacing or injuring buildings, signs or other property, Nos. 495, 535.
door bells, door plates, knockers, etc.. No. 496.
posting bills, notices, etc., on private houses, fences, etc., No. 497.
posters announcing sales of medicine, medical treatment j etc.. No. 498.
firing guns, pistols, crackers, etc., No. 499.
shooting galleries, No. 600.
53
ii% INDEX.
OFFENSES AND NUISANCES, (Co«^mMec7.) ^. '--"'"mwm
drums, horns, trumpets, etc., No. 601. l/i
indecent language, etc., No. 602. >^
nuisances, offenses to public decency, No. 502. v>«
abusing and disturbing persons, No. 508. -&
masking and disguising, charivaris, etc., No. 503. prt
throwing flour and other substances on persons, No. 504. ^-^ A$i
disturbances, intoxication, etc., 505. > *^^^4tf-"
throwing offal, manure, refuse articles, etc., in streets, No. 506.=(qf
offal, etc., not to remain in yards, etc.. No. 507.
deposit of filth, offal, manure, etc., at nuisance wharves, No. 508.
obstructing gutters, etc., No. 509. u
taking earth from streets, etc., No. 610 ,ti»
riding horses on squares and certain streets. No. 511. -^^h
hitching horses or driving them on sidewalks, No. 512. : (' *^?3!7.
washing horses on sidewalks. No. 513. • '? '
shaking carpets and hanging clothes in public places. No. 514. .-».i'C'/l-
unlawful to sell groceries in streets, No. 515. ^
sale of vegetables, fish, etc., etc., must be in market, Nos. 616, 432.
oysters not to be sold in certain months, etc., No. 517.
oysters not to be sold in markets, sale of bad oysters, etc., No. 617. .i^
unlawful to pile them on pavements, etc., No. 518. '
bathing in public places, No. 619.
hogs, No. 520. . .,.
dogs, No. 621. '/ "j-al i^Wi-^'^i
animals with glanders or other contagious disease, No. 522."' ' : I
sale of liquor on vessels. No. 523. <;
penalty for violating any of the foregoing provisions, No. 524.
vitriol and aqua fortis, No. 525.
wild animals, No. 526. -. >i ,
dead animals, their burial, No* 627.
j^ making false alarm of fire, No. 528.
^§ to fill up lots where there is stagnant water, No. 529.
i unlawful to fill lots with manure or offensive stuff, No. 530.
penalties for violating certain of foregoing provisions, No. 531.
bull and bear fights, and other immoral exhibitions, p. 532.
cock pits. No, 533.
obscene papers, pictures, etc., No. 634.
injuring' and defacing city and public property, Nos. 685, 495.
spoiled, tainted and unwholesome provisions, sale of etiQ., Nos.. 1^35, 427.
adulteration of food and liquors, No. 637. ^ i i-jji stjaff
disintering dead bodies, No. 538.- " ■ ••■,;■''''*'-'
keeping spoiled and damaged provisions, No, 589.
landing of damaged and spoiled provisions, 540. 1-
using and storing unwholesome liquors and goods. No. 541. *]
offensive shops, manufactories, etc., niiisances. No. 542.
privies, Nos. 543, 544.
conveyance of feculent matter, No. 645, V^^K j<#i
INBEX. 410
OFFENSES AND NUISANCES, {Continued.)
drivers of vehicles, not to insult, etc., No. 646.
penalties for violating certain of the foregoing provisions, No. 547.
punishment of minors and slaves, No. 548.
continuation of offenses and nuisances after notice, No. 549.
. ' duty of all city officers, No. 550.
racing and fast driving, No. 903.
resisting wharfingers, No, 961.
/>J«UI ol>structing levees and wharves, No. 962.
,^^5 obstructing streets, pavements, etc., p. 109, No. 594.
ni i for offenses relative to auction sales, p. 6.
awnings, sheds and hanging signs, p. 11.
balls, and public exhibitions, p. 15.
basins and canals, p. 32.
batture, p. 18.
bakery, bread, etc., p. 13.
builders, master workmen, etc., p. 26.
buildings — numbering of — fire limits, p. 27.
chimndys, stoves, stove pipes, p. 41.
coffee houses, cabarets, bar rooms, p. 44.
cotton presses and pickeries, p. 84.
factories, tanneries, slaughter houses, p. 89.
fences, walls, and ditches, p. 90.
fires and their prevention, p. 92.
flatboats, and flatboat basin, p. 110.
forges, foundries and steam engines, p. 113,
gun powder, p. 114.
health — board of, and quarantine, p. 120.
hotels, boarding houses, p. 131.
lewd women, pp. 141, 376.
r markets, p. 146.
pounds, p. 207.
quicklime, p. 217.
revenue, taxes and licenses, Nos. 244-5.
slaves and free persons of colour, p. 257.
slave marts and negro traders, p. 274.
smoke houses, p. 275.
stables and dairies, p. 275.
streets, pavements, squares, etc., p. 281 .
trees, p. 310.
vehicles, p. 311.
wharves, port, etc., p. 332.
mayor, recorders, etc., commissioned as justices of the peace, p. 180,
art. 124. Constitution.
city authorized to impose fines (not over $100,) and to imprison, p. 181,
I 19. Statute.
harbor masters to enforce ordinances relative to nuisances on levee p. 181,
I 7. Statute.
4S6 INDEX.
OFFENSES AND NUISANCES, (Conimwed)
violation of ordinances to be reported to comptroller, p. 181, § 108.
definition of vagrants, p. 181, § 120. Statute.
vagrants, how dealt with, p. 181, § 121. Statute.
juvenile vagrants, how treated, p. 182, § 122. Statute.
vagabonds and suspicious persons, who reputed such, 'p. 182, '§ 123.
how punished, p. 182, g 123-4. Statute.
penalty for harboring vagrants, p. 182, ^ 125. Statute.
penalty for cutting levees in New Orleans, etc., p. 182, § 109. Statute.
Carrying concealed weapons, p. 184, § 99, and p. 182, § 115. Statute.
assaulting, beating, wounding, false imprisoning, etc., p. 183, § 13.
assault, p. 183, | 14. Statute.
malicious killing of certain animals, p. 183, § 31 . Statute.
beating or maiming animals, p. 183, § 32. Statute.
banking games and banking houses, p. 183, § 95. Statute.
fines, how disposed of, p. 183, | 96. Statute.
gambling, etc., p. 183, g 97. Statute.
who may arrest gamblers, etc., p. 183, § 98. Statute.
law relative to betting on elections, repealed, p. 381. Statute.
keeping disorderly houses, p. 47, ^ 92 . Statute.
harbor masters to enforce certain nuisance laws, p. 120, § 6. Statute.
power of board of health in enforcing ordinances, etc.. p. 122, § 6.
decision of Supreme court, p. 184.
OFFICERS AND OFFICES, p. 185.
list of city ofi&cers, p. 389.
certain officers under orders of board of health, No. 552.
, to report violations of ordinances, etc., Nos. 553, 550.
to report persons without licenses. No. 554.
duration of term of offices, No. 555.
their rigkt to purchase materials, etc., No. 556.
not allowed cab or carriage hire, No. 557.
not to insure city property. No. 389.
salaries of officers to be paid by preference, No, 160.
city attorney to prepare papers, etc., for city officers, No. 7.
their bonds to be executed before mayor, No. 73.
salaries of officers. No. 748.
their bonds and sureties, p. 24.
board of assessors, p. 22.
city attorney, p. 2. '
city assistant attorney, p. 3.
comptroller, p. 56.
coroner, p. 73.
harbor masters, p. 118.
master and wardens of port, p. 157.
mayor, p. 159.
notary, p. 170. >ft;^ft^
physicians, city, p. 198.
INDEX. 421
OFFICERS AND OFFICES, {Continued.)
police officers, p. 202.
recorders, p. 224.
street commissioner, p. 276.
surveyor, p. 296.
treasurer, p. 305. '
wharfingers, p. 329.
their oath, p. 187. Constitution.
who disqualified, p. 187. Constitution.
city to have the right to appoint officers, p. 187. Constitution.
in what cases to remain in office after term, etc., p. 188. Constitution.
executive power of city, in what offices, p. 188, § 6. Statute.
qualification of mayor, recorders, etc., p. 188, § 7. Statute.
time and manner of election of officers, p. 188, ^ 8. Statute.
when to enter on their duties, p. 188, § 8. Statute.
qualification of voters for offices, p. 188, ^ 10. Statute.
oath of office, p. 188, | 17. Statute.
members of council not to hold office, eto., p, 189, § 21. Statute.
election of certain officers, p. 189, § 24. Statute.
officers to sign in their own hand- writing, etc., p. 189, ^ 32. Statute.
organization of different departments, p. 189, ^ 125-
certain officers may be discharged, etc., p. 189, § 125.
their compensation, how fixed, p. 189, ^ 126.
salary, etc., how to be increased, etc., p. 189, § 127.
power of removal, p. 190, | 128.
election set aside, who to act, etc., p. 190, § 129,
right to office, how tested, p. 190, ^ 130.
bond and security to be furnished, p. 190, ^132.
who excluded from office, p. 190, § 1.
OFFICIAL PAPER, NEWSPAPERS, NOTICES, etc., p. 190.
official journal elected annually. No. 558.
what to be published in official journal — compensation, p. 191, Nos. 559, 564.
to give notice of acceptance, p. 191, No. 560.
to give bond and security, p. 192, No. 661.
proceedings of council, when to be published, p. 192, No. 562.
city advertisements, p. 192, No. 663.
what published as proceedings of council, p. 192, No. 664.
election and other notices, p. 192, No. 665.
blanks, job printing, etc., p. 192, No. 566.
the contracts for blank forms, etc., p. 193, No. 567.
comptroller's duty relative to forms, blanks for city officers, p. 193,
No. 568.
the bids for the contracts, p. 193, No. 569.
duty of certain officers relative to blanks, forms, etc., p. 194, No. 671,
newspapers, p. 194, No. 572.
newspapers to be kept as archives, p. 1, No. 2.
obscene and libelous papers, p. 177, No. 534.
advertisements of petitions for paving, etc., p. 60, No. 193.
422^ INDEX.
OFFICIAL PAPER, NEWSPAPERS, NOTICES, etc. (Continued.)
French and English notices must be furnished in both languages, p. 194,
No. 574.
the press shall be free, etc., p. 184, Art. 106. Constitution.
OLD BASIN OR CANAL CARONDELET, p. 35. See, in index, "Canals."
OMNIBUSES, p. 311. See, in index, "Vehicles."
OPELOUSAS AND NEW ORLEANS RAILROAD, p. 220.
ORDINANCES, p. 195.
city ordinances to be revised and printed, p. 195, No. 575, etc.
repeal of certain ordinances, p. 196, No, 580.
in certain cases mayor to send ordinances, p. 159, No. 486.
city attorney to draft ordinances, p. 2, No. 6.
power of council to pass ordinances, p. 53, ^ 19. Statute.
veto power of mayor, p. 196, ^ 27. Statute. *
violation of ordinances, p. 196, § 108. Statute.
decisions of Supreme court, p. 196.
ORPHANS, pp. 198, 381. /■»
OXEN, stray, p. 207, No. 589. See, in index, '' Pounds."
OYSTERS, not to be sold at certain seasons. No. 517.
nor in markets or pirogues. No. 517.
nor to be piled on pavements. No. 518.
PAPER-OFFICIAL, AND NEWSPAPERS, p. 190. See, in index, ''Official Paper"
PAUPERS, foreign and criminal, p. 112.
PAVEMENTS AND PAVING, p. 281. See, in index, ''Streets."
PHYSICIANS— CITY, p. 198. ^1
common council to appoint two city physicians, p. 198, No. 582. '
their duties, p. 198, No. 583, etc. '
absence of either physician, p. 198, No. 586.
their prescriptions, p. 198, No. 587.
medicines, p. 199, No. 588. '^^
contagious diseases, p. 199, No. 589.
their salary, p. 199, No. 590. <
council's right to remove them, p.^199, No. 691. '-.
their duties to insane persons, p. 199, No. 592.
PICKERIES AND PRESSES, p. 84. i
PILOTS, pp. 199, 383. Statute.
pilots appointed by the Governor and their qualifications, p. 199, ^ 1.
board of examiners, p. 199, § 2.
bonds to be given by pilots, p. 200, § 3. 4
boats to be kept and owned by pilots of New Orleans, p. 200, ^ 4. '
boats to be kept and owned by pilots for Atchafalaya bay, p. 200, ^ 5.
penalty for piloting by persons not pilots, p. 200, § 6.
pilots to exhibit their license, p. 200, § 7.
fees and duties of pilots, p. 200, g 8, 9.
right of pilots to re-pilot vessels, p. 201, § 10.
pilots refusing or neglecting to pilot vessels, p. 201, § 11.
their agents to collect dues, p. 201, § 12.
master and wardens to make rules for pilots, etc., p. 201, § 1^
INDEX. 428
PILOTS, {Continued.)
coffee houses, hotels, etc., at pilot stations, p. 201, § 14.
anchors and cables in the Mississippi, p. 201, § 15.
pilots not to leave stations, etc., p. 202, § 16.
fines and forfeitures, p. 202, § 17.
reward to be paid pilots in certain cases, p. 202, ^18.
half pilotage to be paid in certain cases, p. 202, § 19.
penalty for carrying pilots to sea, p. 202, § 20.
discharging ballast ii^the bay, penalty, p. 202, § 21.
duty of pilots as to quarantine, p. 126, ^21.
■ new pilot laws, (1857,) p. 383.
PISTOLS, FIRING, forbidden. No. 499^. ,"*r
galleries. No. 500.
POLICE, committee on, p. 49.
POLICE DEPARTMENT, p. 202.
police shall consist of, etc., p. 202, No.. 563.
captain or chief, p. 203, No. 564.
persons eligible for policemen, p. 203, No. 665.
to give bond, p. 203, No. 566.
who shall be surety, p. 203, No. 567.
the mayor to be the head of the police, p. 208, No. 568.
mayor to make rules for police, p. 204, Nos. 569, 574.
salaries of the police, p. 204, No, 670.
their uniform, p. 204, No. 571.
increase of police force, p. 204, No. 573.
rules and regulations, p. 204, No, 574.
securities first to be accepted, p. 204, No. 675.
commissaries to be under order of chief, etc., p. 205, No. 576.
chief's clerk and assistant, p. 205, Nos. 577-8.
support of prisoners, their per diem, p. 205, No. 579.
ofi&cers to make monthly reports, p. 205, Nos. 580-1.
purchases for police department, p. 205, No. 582.
rural portion of third district, p. 206, No. 583.
Milneburg policeman, p. 206, No. 584.
police for horse market, p. 206, No. 585.
duty relative to fires, p. 104, Nos. 319, 320, 323.
duty as to bakeries and bread, p. 13, No. 41.
not to improperly interfere at elections, p. 87, No. 250.
to visit slaughter houses, weekly, etc., p, 90, No. 258.
to fire evening gun, p. 89, No. 251.
police powers of firemen, p. 95, Nos. 277, 320.
duty of police as to balls and places of amusement, p. 15.
awnings, sheds and hanging signs, p. 11.
board of health, p. 120.
buildings, p. 27.
cemeteries and interments, p. 35.
coflfee houses, p. 44.
juvenile vagrants and their parents, No. 1082.
424 INDEX.
POLICE DEPARTMET^T, {Continued.) m
duty of police as to lewd women, pp. 141, 376.
markets, p. 146.
offenses and nuisances, p. 1 72.
pounds, p. 207. r::
slaves and free persons of color, 257.
vehicles, p. 311.
PONTCHARTRAIN RAILROAD COMPANY, p. 223.
PORK AND BEEF— INSPECTION OE, p. 20.
PORT OF NEW ORLEANS, p. 332. ?i>
harbor masters, p. 118.
wardens, p. 157.
pilots, pp. 199, [883.
PORTERS— CITY, p. 207.
POSTERS, Nos. 497, 498.
POUNDS— CITY, p. 207.
animals running at large, p. 207, Nos. 589, 597.
records of arrests of animals, p. 208, No. 689.
pound charges and fees, p. 208, No. 590.
hogs running at large, p. 209, No. 691.
taking animals from pounds, p. 209, No. 592.
carta and other vehicles left in streets, etc., 209, Nos. 593, 598.
obstructing pavements, etc , with goods, etc., p. 209, No. 594.
how such goods shall be disposed of, p. 210, No. 595.
extending pound limits, p. 210, No. 597.
pound fees, p. 210, Nos. 598, 590. '^
duty of pound keepers as to boys, etc., p. 211, No. 599.
pounds in second and fourth districts, p. 211, No, 600.
street commissioners to appoint four pound keepers, p. 211. No. 601.
duty of certain ofl&cers, p. 211, No. 602.
third district pounds, p. 212, No. 608.
second district pounds^ p. 212, No. 604.
repeal of certain ordinances, p. 212, No. 605.
decisions of Supreme court, p. 212.
POWDER, powder magazine, p. 114. See, in index, "Gunpowder"
PRESSES— COTTON, AND PICKERIES, p. 84.
PRINTING— CITY, p. 190. See, in index, ''Official Paper."
PRISONS, WORKHOUSES, etc., p. 363.
committee on, p. 48. See, in index, "Workhouses."
PRIVIES, Nos. 543-4-5.
PROSTITUTES, pp. 141, 376. See, in index, "Lewd Women."
PROVISIONS, spoiled, Nos. 536, 539, 540, 541.
PUBLIC BALLS AND EXHIBITIONS, p. 15. See, in index, "Balls."
PUBLIC PLACES, p. 281, See, in index, "Streets.".
PUBLIC SCHOOLS, p. 212.
election by council of the board of directors, No. 606.
board, when to meet, No. 607.
iNDEl. 426
PUBLIC SCHOOLS, (Continued.)
annual appropriations, No. 608.
for first district. No. 609.
for second district, No. 610.
for third district, No. 611.
for fourth district, No. 612. '■ j^^
monthly expenses, No. 613. .*»»*fl^i!vJ - ■ -
responsibility of city, No. 614.
quarterly reports to be made by board, No. 615.
quarterly and annual reports, duty of president, No. 616.
provisions of State constitution, p. 216.
division of city in school districts, p. 216, g 38. Statute,
election of school directors, p. 216, § 38.
appropriations, p, 216, § 38.
qualification for school directors, election of teachers, p. 216, | 38.
school directors for fourth district, p. 216, § 3.
council authorized to establish public schools, p. 216, § 1.
QUARANTINE, p. 120. See, in index, " Health,"
QUICKLIME, p. 217.
RAILROADS, pp. 78, 79, 83.
Jackson Railroad, city subscription. No. 621.
how payable. No. 622.
special tax on real estate. No. 623.
how bonds delivered. No. 624.
repeal of certain ordinances, No. 625.
ratification of this ordinance, No. 626.
right of way. No. 627.
widening of Calliope street, No. 628.
Opelousas Railroad, city subscription, No. 629.
how payable, No. 630.
special tax on real estate. No. 631.
bonds, how delivered. No. 632.
repeal of certain ordinances, No. 633.
ratification of this ordinance. No; 634.
CarroUton Railroad, permission to run. No. 635.
proviso. No. 636.
subject to police ordinances, No. 637.
Pontchartrain Railroad, p. 223.
Railroads generally, pp. 223, 78, 79, 83.
decisions of Supreme court, p. 224. *r . •, .'
RECORDERS, p. 224. '
duty as to violation of ordinances, ^No. 638.
runaway slaves. No. 639.
their books, No. 640.
to render weekly accounts, No. 641.
their clerks to make monthly jeports, No. 642.
assistant recorders. No. 643.
54
426 INDEX.
RECOEDERg, {Continued.)
cleaning of offices and prison, No. 644.
things to be purchased, p. 205, No. 582.
necessary blank forms, p. 193, No. 567.
to grant permits to open tombs, No. 126.
their duty concerning lewd women, No. 1085.
recorders commissioned as justices of the peace, etc., p. 226, Art. 124.
Constitution,
duties of recorder, p. 226, ^ 28. Statute,
salary of recorder and clerks, p. 226, § 28. Statute,
recorders pro tern, how chosen, p. 226, § 29. Statute,
committing magistrates, their powers, p. 227, I 34. Statute,
relative to bail, p. 227, g 35.
to certify to sufficiency of bail, p. 227, § 36.
magistrates to sign commitments, p. 227, § 37.
defendants' witnesses bound over, p. 228, § 38.
depositions to be taken in writing in certain cases, p. 228, § 39.
breach of peace, to commit persons, etc., p. 228, ^ 40.
to specify surname and name of the parties, p. 228, § 41.
attorney general and district attorney, p. 228, g 42.
to issue warrants for arrest, p. 229, ^ 43.
expenses to be paid by the parish, p. 229, § 44.
process from New Orleans executed in Jefferson parish, p. 229, § 45.
process in Jefferson parish executed in New Orleans, p. 229, § 46.
search warrants for stolen property, p. 229, ^ 47.
decisions of Supreme court, p. 230.
RECORDER OF CONVEYANCES, p. 230. Statute.
recorder to be appointed every fourth year, p. 230, ^1.
to furnish bond, p. 230. ^2. '
« , r; deputy, p. 230, § 3.
office, recorder's duty. p. 230, ^ 4.
authorized to open certain records, and his duties, p. 230, ^ 5.
k^. manner of recording notarial acts, p. 230, | 6.
manner of recording acts under private signature, p. 231, § 7.
^^ X' to take acknowledgments of signatures, p. 231, | 8.
#' acts not registered to have no effect as to third persons, p. 231, ^ 9.
not to perform duties of recorder of mortgages, p. 231, ^ 10.
not to pass notarial acts, p. 231, § 11.
to make abstract of notarial acts, etc., p. 231, § 12.
fees of register, p. 231, g 13.
to make monthly list for board of assessors, p. 231, § 14.
repealing clause, p. 231, § 15.
registry, p. 232.
RECORDER OF MORTGAGES, p. 231.
REGISTRY, p. 232.
^^ REGISTRY OF BIRTHS AND DEATHS, p. 283, and No. 131.
record of births and deaths, p. 233 § 1.
time for declarations of births, p. 233, § 2.
INDEX. 427
REGISTRY OF BIRTHS AND DEATHS, {Continued.)
by whom declared and how recorded, p. 233, ^ 3.
record, what to contain, p. 233, g 4.
declaration of death, by whom to be made, p. 233, § 5.
what to contain, p. 233, | 6,
record of births and deaths of free persons of color, p. 233, g 7.
birth of children to be declared within thirty days— penalty, p. 233, § 9.
deaths, when to be declared and by whom — penalty, p. 234, § 10.
recorder of births and deaths in New Orleans, p. 234, § 12.
repealing clause, p. 234, ^13.
REGISTRY OF VOTERS, p. 234, and No. 1108. See, in index, "Elections."
REVENUE, TAXES, AND LICENSES, pp. 239, 386.
- annual tax on bank agencies. No, 645.
insurance companies and agencies. No. 646.
theatres and amphitheatres, No. 647.
race courses, No. 648. - .
cock pits, No. 649.
slave marts. No. 650.
private banking houses, No. 651.
pawnbrokers. No. 652.
money brokers, No. 658.
hotels and boarding houses, No. 654.
coffee houses, No. 655.
wholesale liquor dealers, No. 656. ^
eating houses, selling liquors. No. 657.
cotton presses. No. 658.
grocery stores selling liquor by the quart, No. 659.
jewelry stores. No. 660.
stock brokers, No. 661.
cotton brokers. No. 662.
cotton pickeries. No. 663.
restaurants, No. 664.
merchants generally, Nos. 665, 667, 739, 741.
livery stables, No. 666.
commission merchants, No. 668.
auctioneers, No. 669.
private hospitals. No. 670.
shipping masters, stevedores, etc., No. 671.
coal or lumber yards, No. 672.
coal agents, No. 673.
produce brokers, weighers, etc.. No. 674.
bottling establishments, No. 675.
warehouses, Nos. 676, 738.
ship brokers. No. 677.
billiard tables, No. 678.
ten-pin alleys, No. 679,
pistol galleries, No. 680.
428 INDEX.
BENENUE, TAXES, AND LICENSES, {Continued.)
annual tax on mills, factories, brickyards, etc.. No. 681.
retail liquor stores, No. 682. , .. ^t „ ,
printing offices, No. 683.
hotels and boarding houses, No. 684.
job boats, No. 685.
undertakers, No. 686.
steam boat agents. No. 687.
hawkers and peddlers, No. 688.
, contracts generally, buildings, etc., No. 689.
retail business generally. No. 690.
real estate and house brokers, No. 691.
dairies. No. 692.
confectionaries, No. 693.
charcoal dealers. No. 694.
fruit stores and stands, No. 695.
ice cream saloons. No. 696.
oyster stands. No. 697.
intelligence offices, No. 698.
veterinary doctors, No. 699.
distilleries, No. 700.
brewers, No. 701.
makers of syrups, Nos. 702, 740.
makers of mineral waters, Nos. 703, 740.
* makers of soap, tallow, camphene, etc., Nos. 704, 740.
balls and raffles, No. 705.
drays, carts, etc., No. 706.
two horse hacks. No. 707.
four wheeled hauling vehicles. No. 708.
four wheeled wagons. No. 709.
omnibuses. No. 710.
omnibuses to have numbers. No. 711.
branding and numbering carts, etc., No. 713.
annual tax on private carriages, No. 712.
annual tax on public exhibitions, No. 714.
every partner to pay, No. 715.
annual tax on lawyers, physicians, etc., No. 716.
persons having several stores, No. 717.
certain declarations to be made. No. 720.
private boarding houses. No. 721.
vessels — transient boarders upon, No. 722.
tax after first of July, No. 723.
street musicians. No. 724.
recording licenses, securities, etc. No. 725.
taxes payable in advance. No. 726.
doing business without license. No. 727.
certificate to be hung up. No. 728.
penalties and fines, No. 729.
_ INDEX. 429
REVENUE, TAXES, AND LICENSES, {Continued.)
census to be made by street commissioner, etc., No. 730.
application for licenses, No. 731.
non-residents, No. 732.
consolidated loan tax, No. 734.
tax for Pontchartrain railroad, No. 735 .
tax for rail roads. No. 736.
tax on real estate, slaves, and personal property, Nos. 737, 1109. ,
coffee bouse license, Nos. 742, 161, 165, 167.
treasurer to receive money only, No. 743.
suits for taxes withdrawn in certain cases, No. 744.
pirogues to be licensed. No. 745.
to be numbered, No. 746.
tax on the McDonough estate. No. 747.
comptroller to issue licenses, No. 3<H,
consolidated debt and taxes, p. 66.
tax to be paid by lewd women, p. 376.
taxation to be equal and uniform, p. 249, Art. 123. Constitution.
property subject to taxation, p. 249, ^ 36. Statute.
common council to tax annually — equal and uniform, p. 249, § 42.
city's power to issue licenses, p. 250, § 102.
power to collect taxes and licenses, p. 250, § 103.
mode of enforcing payment, etc., p. 251, § 104.
suit for taxes — when to be commenced, p. 251, § 107.
form of notice to delinquents, and costs, p. 251, g 107.
proceedings how conducted, p. 251, ^ 107,
fines, dues and licenses, how collected, p. 251, § 107.
compensation of city assistant attorney, p. 251, § 107.
decisions of the Supreme court, p, 252.
SALARIES OF CITY OFFICERS, p. 225. See, in index, "Officers-"
SCHOOLS— PUBLIC, p. 212. See, in index, "Public Schools."
SEAL— CITY, p. 257.
SECURITIES AND BONDS, p. 24. See, in index, "Bonds."
SEXTONS, p. 35. See, in index, "Cemeteries."
SHEDS, AWNINGS AND SIGNS, p. 11.
SHEEP, stray, p. 207, No. 589. See, in index, "Pounds."
SHOOTING GALLERIES, No. 500.
SIDEWALKS, p. 281. See, in index, "Streets."
SIGNS, SHEDS AND AWNINGS, p. 11.
SLAUGHTER HOUSES, p. 89.
SLAVE MARTS AND NEGRO TRADERS, p. 274.
SLAVES AND FREE PERSONS OF COLOR, pp. 257, 386.
must lodge at home of master, etc.. No. 750.
letting rooms to slaves. No. 751.
duty of police in relation to slaves, Nos. 752, 772.
slaves not to assemble, etc.. No. 753.
penalty for assembling in violation of law, No. 754.
slaves not to visit balls of free colored persons, No. 765.
430 INDEX.
SLAVES AND FREE PERSONS OF COLOR, (Continued.)
slaves armed, No. 756.
disturbance of public peace, No. 767.
slaves on steamboats and vessels, No. 758.
insulting free persons. No. 759. a*
runaway slaves, No. 760.
not to be permitted to ride in cabs, etc., No. 761.
slave parties at private houses, No. 762.
liquor to slaves, Nos. 763, 764, 167.
free persons and slaves, etc., not to play cards together, No. 765.
slaves to be home before gun fire, Nos. 766, 251.
free persons of color on vessels, etc.. No. 767.
merchandise, etc. , not to be sold to slaves, No. 768.
slaves brought from other States, No. 769.
slaves in cabarets, etc., Nos. 770, 173.
free persons of color in hotels, No. 771.
no license to be given to colored persons to keep cabarets, No. 164.
punishment of slaves, No. 548.
acts of the legislature or "black code," p. 263, et seq.
no slave to be emancipated, p. 387. Statute,
decisions of the Supreme court, p. 273.
SMOKE HOUSES, p. 275.
SOAP FACTORY, p. 89.
SQUARES, PUBLIC, p. 281. See, in index, "Streets."
STABLES AND DAIRIES, p. 275.
STEAM ENGINES, p. 113.
STOVES, CHIMNEYS, etc., p. 41.
STREET COMMISSIONER, p. 276.
his officers. No. 786.
his office, books, bonds, etc., No. 787.
his duties. No. 788. ,v6:i -^ ;
duty of deputy. No. 789.
assistants and clerk, No. 790.
salary and bond of deputy, No. 791.
salary of assistants, No. 792.
salary of clerk. No. 793.
office hours. No. 794.
superintendent of repairs, No. 796.
his bond and security, No. 797.
'^^''" his salary. No. 798.
abolishing certain offices, No. 799.
to purchase requisite materials. No. 800.
monthly statement, No; 801.
certificates to contractors, No. 802.
laborers' pay in commissioners department, No. 803.
he shall keep a record of laborers, etc., No. 804.
his semi-monthly reports, No. 805.
monthly pay-rolls to be returned, No. 806.
ifjDUX. 481
STREET COMMISSIONER., (Continued.)
fines for violations of contracts, No. 807.
his duty as to board of health, No. 364.
to make census for taxes, No. 730.
duty relative to chimneys and stoves, No. 152.
stables and dairies, No. 782.
awnings, sheds and hanging signs, No. 34.
fences, No. 260.
ferries. No. 262.
water works and gas companies. No. 946.
builders and buildings, pp. 26, 27.
cemeteries and interments, p. 35.
fire, and its prevention, p. 92.
fire limits, p. 30. ^
markets, p. 146.
offenses and nuisances p. 172.
pounds, p. 207.
streets, p. 281.
election of street commissioner, p. 188, § 8. Statute,
duties of street commissioner, p. 280, § 34. Statute,
common council to organize the city offices, p. 188, § 125.
STREETS, SIDEWALKS, etc., pp. 281, 387.
change of names of certain streets, Nos. 808, 809, 810, 811, 812, 813.
sidewalks, relaying etc., No. 814.
repairs to streets, etc, by certain companies, Nos. 815, 816, 945.
obstructing streets, pavements, etc., with goods, etc., No. 817.
obstructions on wharves, levees, etc.. No. 962.
obstructing gutters, drains, etc.. No. 509.
street commissioners, duty to remove such obstructions. No. 818.
repairs to sidewalks. No. 819.
street commissioner to make repairs in certain cases, No. 820.
penalty for not repairing, No. 821.
common alleys, their pavement, etc., Nos. 823, 824, 825, 826.
watering streets. No. 827.
street lines and stone bounds, Nos. 828, 829.
manner in which streets shall be cleaned, No. 830.
penalties against certain contractors. No. 831.
certificates to contractors. No. 832.
duty of street cleaners, No. 833. ^
public park, Nos. 834, 835.
Jackson square, Nos. 836, 837.
public squares, placed under charge of street commissioner, No. 838.
stove pipes projecting over sidewalks. No. 150.
engines, etc., not to be run on pavements, No. 321.
riding horses on certain streets and squares, 611.
hitching horses on pavements, etc., No. 512.
washing horses on pavements, etc., No. 513.
shaking carpets in streets and public squares, No. 614.
^M'.
432 Inbe:^.
STREETS, SIDEWALKS, etc., (Continued.)
paving and banquetting streets, p. 29G, ^ 119, 120. Statute.
opening, widening and straightening streets, p. 291, | 121. Statute.
publication of petitions, p. 291, ^ 122, p. 387. Statute.
what is meant by "majority of owners." p. 292, ^ 122. Statute.
streets and banquettes, by whom kept in order, p. 292, § 123. Statute.
power of mayor to remove fences and open streets, p. 292, § 1. Statute.
decisions of Supreme court, p. 292.
STREETS— COMMITTEE ON, p. 49.
SURETIES AND BONDS, p. 24. See, in index, ''Bonds."
SURVEYOR, p. 295.
his deputies. No. 840.
his office, bond, etc., No. 841.
his duties, Nos. 842, 1112.
duties of deputies, No. 843.
his salary. No. 844.
salary of deputies, No. 845.
salary of clerk, No. 846.
salary of chain carriers, No. 847.
clerk and chain carriers, No. 848.
office hours. No. 849.
surveyor's reports, Nos. 851-2-3.
his book of record, No. 854. ^ .
to purchase materials, No. 855.
monthly statements, No. 856.
surveyor's laborers, No. 857.
to take steps to prevent accidents in public buildings, Nos. 61, 90.
his duty as to cemeteries, No. 132.
relative to quicklime, No. 620.
certain bridges, No. 927.
buildings, numbering of houses, etc., p. 27.
his election, p. 189, ^ 24. Statute.
duties of surveyor, and salary, p. 299, ^ 33. Statute.
a book of plans to be made, p. 299, ^ 113. Statute.
surveyor to note daily change of ownership, p. 299, ^114.
persons sub-dividing squares, lots, etc., to deposit plan with surveyor,
p. 299, ^ 115.
said plans subject to inspection, etc., p. 299, § 116.
common council to organize city offices, p. 188, § 125.
decision of Supreme court, p. 299.
SUSPICIOUS PERSONS, p. 181, § 120, 121, 122, 123.
TANNERIES, p. 89.
TAVERNS, pp. 44, 131.
TAX, for consolidated city debt, p. 66, and No. 734.
TAXES, LICENSES, etc., pp. 239, 386. See, in index, '-Revenue."
THEATERS AND PLACES OF AMUSEMENT, p. 15.
See, in index, "Balls."
TIMBER CARRIAGES, p. 311.
TOBACCO— INSPECTION OF,;p. 800. Statute,
ten inspectors to be appointed, p. SOO, § 1.
term of office, p. 300, ^ 2.
oath, bond and security', p. 300, § 2.
board of inspectors, p. 300, § 3.
duty of president and secretary, p. 300, § 4.
contracts submitted to board, p. 300, § 6.
rules and by-laws, p. 300, | 6.
warehouses to be provided, p. 301, § 7.
tobacco, by whom received, p. 301 § 8.
classification of the tobacco, p. 301, | 9.
reinspection, how made, p. 302, § 10.
duty to be performed after the inspection, p. 302, ^11,
book of inspection, p. 302, g 12.
certificate of inspection, p. 302, § 13.
temporary receipts to be given, p. 302, § 14.
inspectors not to trade in tobacco, p. 302, § 15.
number of inspectors to make inspection, p. 303, § 16.
to inspect only in warehouses, p. 303, § 17.
fees, etc., extra storage, p. 303, § 18.
clerks employed, p. 303, § 19.
vacancies, how filled, p. 303, § 20.
treasurer of the board, his oath and bond, p. 303, § 21.
duties of the treasurer, p. 304, § 22.
the books to be open for inspection, p. 304, § 23.
state treasurer not to pay charges, etc., p. 304, § 24.
deputy inspectors, p. 304, § 25.
certain laws repealed, 'p. 305, § 26.
TREASURER— CITY, p. 305.
shall receive and keep in bank all moneys, etc., No. 862.
to deposite the same daily. No. 863.
to pay checks, etc.. No. 864.
to keep a check book, No. 865.
to take receipts, etc., No. 866.
his books to be balanced weekly, No. 867.
to cancel weekly all paid warrants, etc., No. 868.
his books, etc., No. 869, r
his reports, Nos. 870, 885.
money for consolidated loan tax, No. 871,
his signature, No. 872.
to notify tax payers to pay taxes, No. 873 .
to sue on unpaid tax bills, No. 874.
to give to assistant attorney certain bills, etc., No. 875.
to make deposits of certain moneys, No. 876.
other duties, No. 877.
his oath and bond, No. 878.
his salary, No, 879.
55
m^
TEEAStlREtl— CtDt, (Oontkuel)
his clerks, No. 880.
additional clerks when necessary, No. 881. ■
to receive money only, etc., No. 883.
to make daily deposits, No. 884.
his weekly reports, Nos. 885, 870.
checks, how to be drawn, No. 886.
check report, No. 887.
deputy treasurer, No. 888.
his duty reletive to the comptroller, p. 56,
his duty relative to the fiscal agent, p, 107.
his election, p. 189, | 24. Statute,
duties and powers of treasurer, p. 309, g 31. Statute,
his bond and security and salary, p. 310, § 31. Statute,
all taxes payable in office of treasurer, p. 250, g 106. Statute,
notice to be given by treasurer, p. 251, § 107, Statute.
TREES, p. 310.
TRUMPETS, not to be blown, etc., No. 501.
VAGRANTS AND VAGABONDS, p. 182, ^ 120, 121, 123, 125.
VAGRANTS JUVENILE, p. 182, g 122, p. 374. See, in index, *' House of Refuge."
VEHICLES, p. 311.
not to run without license. No. 892,
mayor to keep a list of owners of vehicles, etc., No. 893.
licenses, when to expire, No. 894.
tax to be paid before license granted. No. 895.
to be paid yearly in advance. No. 896. ;
responsibility for others, No. 897. ;,
numbers to be painted, etc., No. 898. i
penalty for neglect. No. 899. IX
branding vehicles, Nos. 900, 915.
contractora, only to brand. No. 901.
defaced numbers, No. 902.
fast driving, Nos. 903, 904.
road regulations, No. 905.
accidents caused by vehicles. No. 906.
refusal to take loads, No. 907.
what shall constitute a load, No. 908.
drivers forbidden to leave their seats, Nos. 909, 910. .i
drivers using insulting language, threatening, etc., No. 911.
what shall be a competent court, No. 912.
printing of this ordinance, No. 913.
branding, Nos. 915. 900, 918.
vehicles on the landings of canals. No. 119,
conveying gun powder, No. 352.
omnibuses to be numbered. No. 917. »
vehicles to be numbered and branded, Nos. 918, 915, 900. i
vehicles on wharves, No. 919.
INDEX. 435
VEHICLES, {Continued.) j
residence of drivers, No, 920.
city carts, No. 921.
driving on certain bridges. Nos. 922-3-4-6-7. /
stands or stations for vehicles, Nos. 928, 929, 930.
penalty for using other stands. No. 931. a
their positions at their stands, No. 932. ,-• *''
relative to drivers — their age, etc., 933. ii
to remove, to permit cleaning of streets, No, 934. zr
tariff of charges, in cabs and carriages, No. 935. ••»
not to stand on Chartres or Royal streets, No. 936. , •
may stand on any cross streets, etc., No. 937.
penalties for over charges. No. 938.
hack and cab charges, Nos. 939, 940, 941 .
not to remain idle in streets, No . 942.
pound fees, No. 943.
branding vehicles, etc., No. 944.
their position at places of amusement. No. 13.
taxes and licenses, Nos. 706, 707, 708.
conveying slaves forbidden, No. 761.
market carts, No. 433.
decisions of Supreme court, p. 323. ,,
VESSELS, canal regulations, p. 32.
conveying gun powder, No. 350. /v
master and port wardens, p. 157.
duties of harbor masters, p. 118.
duties of wharfingers, p. 329.
quarantine laws, p. 120.
report to be made to mayor by captains, etc., p. 128, § 11. ,
slaves and free persons of colour, p. 257.
wharves, levee, etc., p. 332.
VITRIOL A.ND AQUA FORTIS, not to be kept, etc., No. 525.
VOTERS, registry of, pp. 233, 386.
elections, p. 86.
election law of 1857, p. 368.
WALLS, FENCES, etc., p. 26.
WARDENS OF THE PORT, p. 157. See, in index, "Master and Wardens."
WATCHMEN, p. 202. See, in index, " Police."
WATER WORKS AND GAS COMPANIES, p. 324.
obstructing streets. No. 945.
street commissioner's duty, No. 946.
paving and banquetting. No. 947.
general powers of water works company, p. 324, § 4. Statute.
exclusive privilege of supplying water, p. 325, § 4. Statute.
right of city to purchase the water works, etc-, p. 325, ^ 4. Statute.
one hundred thousand dollars to be annually expended, p. 325, | 11.
limitation of profits, p. 326, § 11. Statute.
city council to appoint committee, p. 326, § 11. Statute.
436 ii^DEX.
WATER WORKS AND GAS COMPANIES, {Continued.)
right of city to subscribe to stock, p. 32ft, I 21. Statute.
city to appoint two directors, p. 326, ^ 22. Statute.
the corporation to be supplied with water free of expense, p. 327, § 38.
hydrants to be placed in front of each square, p. 327, § 38. Statute.
price of the works, if city desires to purchase, p. 327, § 42, Statute.
bonds of city to be renewed, etc., p. 327, § 43, Statute.
hydrants to be opened, etc., p. 328, § 1. Statute.
water pipes to be extended, p. 328, § 2. Statue.
city authorized to purchase the water works, p. 328, § 3. Statute.
rights of the directors of the city, p. 329, § 4. Statute.
no dividend to be made until, etc., p. 329 § 5. Statute.
meeting of the stockholders, etc., p. 329, § 6. Statute.
decision of the Supreme court, p. 329.
WEAPONS, carrying concealed, p. 182, g 115, p. 184.
WEIGHTS AND MEASURES, inspection of, p. 351. : Statute.
governor to obtain weights and scales to be the standard, etc., p. 351, | 1.
persons to seal weights — inspectors, p. 351, § 2.
duty of inspectors, p. 351, f 3.
penalty for neglecting certain duties, p. 352, § 4.
council authorized to pass ordinances, p. 352, § 4.
weights and measures for every parish, p. 352, ^ 5.
inspectors in New Orleans to procure weights and measures, p. 352, § 6.
fees of inspectors, etc, p. 352, g 7.
vacancies — how filled, No. 352, ^ 8.
inspectors are alone authorized to stamp weights, etc., p. 352, § 9.
penalty for buying or selling by other standards, p. 352, ^ 10.
penalty for using false stamps or seals, p. 353, § 11.
penalty for selling unstamped measures and weights, 353, | 12.
assistants of inspectors, p. 353, | 13.
barrel, half barrel and quarter barrel, p. 353, § 14.
coal, grain, etc., by what measure sold, p. 353, § 15.
returns to be made by inspectors, p. 353, ^ 16. '^*
scales and weights for markets, No. 429.
WHARFINGERS, p. 329.
annual election of wharfingers, and assistants, No. 949,
daily reports of assistant wharfingers, No. 950.
weekly reports of wharfingers, Nos. 951, 959.
office hours — compensation, etc., No. 952.
their bonds and security, No. 953.
wharfingers' districts, No. 965.
monthly pay-rolls to be returned, No. 956.
wharfingers not to act as collectors, etc., No. 957.
laborers of wharfingers. No. 958.
the wharfingers shall keep certain lists, journals, etc., No. 960.
to place steamboats, vessels, etc., No. 961.
to see that produce, merchandise, etc., do not encumber the ievee,
Nos. 962, 988, p. 207. .,,.,.,..
^t}
INDEX. 437
WHARFINGERS, {Continued.)
duty as to taking sand from batture, etc., No. 68.
to superintend flatboat basin, etc., No. 342,
See " Harbor Masters," p. 118.
See *' Master and Wardens," p. 157.
WHARVES, WHARFAGE, PORT, etc., p. 332.
sale of the revenues of the wharves. No. 964.
wharves for this purpose divided into six sections. No. 966.
how to be sold. No. 966.
purchaser subrogated to rights of city. No. 967.
purchaser not to transfer, etc., No. 968.
what the city reserves. No. 969.
purchasers to give bonds and good security, No. 970.
to give certain promissory notes, No. 971.
notes, how payable, No. 972,
the wharves to be kept in good order, No. 973.
how far levees to extend, No. 974.
the levee repairs, in what to consist. No. 975,
the wharf repairs, in what to consist, Nos. 976-7-8-9, 980.
works and repairs, under whose supervision, No. 982.
repairs and notice to repair, No. 983.
consequence of neglect to repair. No. 984.
failure to pay instalments. No. 985.
spars, timber, planks, etc.. No. 986.
responsibillity in damages, No. 987.
removal of merchandize. No. 988. See p. 207.
police regulations and wharfage dues. No. 989.
sale not to be valid unless, etc., No. 990.
council's right to reject adjudications, No. 991.
wharfage dues, Nos. 998, 999, 1000, 1001.
small craft, No. 994.
vessels, etc., how long to remain in port, Nos. 995-6.
wharfage dues on steamboats, No. 1002.
on barges. No. 1003.
on pirogues. No. 1004.
towboat wharves, Nos, 1005, 1020.
towboats not to use other wharves. No. 1006.
violating this ordinance. No. 1007.
tax on them. No. 1008.
boats laying up. No. 1010.
flatboats breaking up. No. 1011, 1015.
flatboat landing, Nos. 1018, 1016.
ship and steamboat landing, No. 1014.
steamship landing. No. 1017.
extension of steamboat landing, Nos. 1018, 1021.
schooner landing. No. 1019.
schooner and steamboat landing, No. 1022.
steam packet landing, No. 1023.
438 INDEX.
WHARVES, WHARFAGE, PORT, etc., {Continued.)
pirogue landing, No. 1024.
dry dock, etc.. No. 1025.
upper steamboat landing, No. 1026.
nuisance wharves and boats. No. 1027.
schooners, No. 1028.
vehicles on wharves. No. 1029.
salt on levee, etc., No. 1030. .il.v.f*
coal on levee, etc.. No. 1031.
horses for loading, No. 1032.
rules, etc., of canals, p. 32.
flatboats, flatboat basin, etc, p. 110.
concerning arrival and removal of vessels, p. 349, § 1 . Statute.
city authorized to charge wharfage, p. S49, § 24. Statute,
port to be regulated by the council in a certain manner, p. 350, ^ 1.
crafts of planters bringing vegetables, p. 350, § 1. Statute.
decisions of Supreme court, p. 350.
WOMEN— LEWD, pp. 141, 376. See, in index, "Lewd Women."
WOODEN BUILDINGS, p. 30. See, in index, " Buildings."
WORK-HOUSE, PRISONS, etc., p. 353.
city police jail. No. 1033.
certain offices abolished. No. 1034.
first district lock-up. No. 1035.
warden and deputy warden. No. 1036.
duty of warden. No. 1037.
his reports. No. 1038.
duty of deputy warden. No. 1039.
warden's ofificers. No. 1040.
salaries. No. 1041.
neglect of duty. No. 1042.
supplies, No. 1043.
duty of warden to have cannon fired, etc., No. 1044.
vagrants from parish of Jefferson, No, 1045.
committees on prisons, etc., their duty. No. 1046.
clerks of recorders to make reports, No. 1047;
warden's reports. No. 1048.
provisions. No. 1049.
requisitions. No. 1060.
warden's accounts. No. 1051.
officers of the work-house, No. 1053. , ,
salary of warden, No. 1054.
charge for support of prisoners. No. 1055. .- .,^//-
employment of prisoners, No. 1056.
officers absenting themselves. No. 1057.
sick prisoners. No. 1058.
sheriff's compensation for keeping prisoners, No. 1059.
sale of lease of work house, No. 1060.
price, how payable, No. 1061.
^m
i
WORlt-ttOtTSfi, I>ttlSONS, etc., (Continued,)
lessee to take charge, No. 1062.
labor of prisoners, Nos. 1063-4.
officers, No. 1065.
reception and discharge of prisoners, No. 1066.
keeping of prisoners. No. 1067.
their rations, clothes, etc., No. 1068.
city officers to have free access, etc., No. 1069.
neglect of lessee. No. 1070.
utensils, materials, etc., Nos. 1071-2.
record of prisons, No. 1073.
violation of contract. No. 1074.
former police regulations, No. 1075.
burial of deceased persons, No. 139.
committees on work-house, etc., p. 48.
council authorized to create work-house, p. 360, § 1, 2. Statute.
vagrants, p. 361 , | 4.
security required of vagrants, p. 361, § 5.
imprisonment in work-house, p. 361, § 5.
incorrigible vagrants, p. 361, § 6.
powers of criminal court, p. 362, g 7.
certain persons to depart and remain out of the State, p. 362, ^ 8.
this act to apply to parish of Jefferson, p. 362, § 9.
committee on, p. 48.
WORKMEN, p. 26.
WRONaS, etc., p. 172. See, in index, " Offenses."
f
J
r^
RETURN CIRCULATION DEPARTMENT
TO^^- 202 Main Library
t LOAN PERIDD 1
" HOME USE
2 ;
3
4
5 (
S
ALL BOOKS MAY BE RECALLED AFTER 7 DAYS
1 -month loons may be renewed by colling 642-3405
6-month loons moy be recharged by bringing books to Circulation Desk
Renewols and recharges may be mode 4 days prior to due dote
DUE AS STAMPED BELOW
SEP fi IQQl
'^**' V U |*^^j
4
^^fomm^i
'91
-^^^ 8 1995
•ri
JM 1 ^: 2003
UNIVERSITY OF CALIFORNIA, BERKELEY
FORM NO. DD6, 60m, 12/80 BERKELEY, CA 94720
V •>
s . ->
I
.C. BERKELEY LIBRARIES
CQ35tD3batl
992289
A'
THE UNIVERSITY OF CALIFORNIA LIBRARY
iWlWia
#
,w
