Louisiana Anthology

Territory of Orleans.
Acts Passed in 1807. Extracts.

16

CHAP. VI.
AN ACT

Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Territory of Orleans, in General Assembly convened, Mayor and city council empowered to levy taxes. That the mayor and city council shall continue to be empowered to levy the taxes which have been hitherto imposed upon butchers, bakers, carts and drays.

Sec. 2. And be it further enacted, That the sum of two thousand dollars which has 18 been advanced by the mayor and city council, in order to procure the liberty of Money advanced by city council to be reimbursed. the mulatto man Celestin, shall be reimbursed to the city council by the territory.

Sec. 3. And be it further enacted, That the sum of one hundred and seventy four dollars and seven cents, which has been advanced by the city council to Peter Pedesclaux for his services in the criminal suit against Torribio, Jala, John Gill, Emanuel Sevilla, and Obrador, shall be reimbursed to the city council by the territory.

Approved, May 20th, 1806.

20

CHAPTER  VIII.
AN ACT

Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Territory of Orleans, in general assembly convened, Sheriffs to take census, & how. That the sheriffs of all the counties of this territory be requested to take by themselves, or to cause to be taken by one or more deputies by themselves appointed, under their own personal responsibility, the accurate enumeration of all the persons who reside in their respective counties, 22 not including the Indians, and distinguishing the sex, age and color in the manner to be prescribed hereafter.

Sec. 2. And be it further enacted, That before they enter upon the discharge Sheriffs to take oath. of this duty, every one of said sheriffs shall take the following oath before one of the justices of the peace of his county:

“I swear (or affirm) well and truly to take, or to cause to be taken, in my name and Form thereof. at my expence, the exact enumeration of all the persons who reside in my county, and to adhere to the dispositions and forms prescribed by the act of the legislature of this territory, entitled ‘an act for taking the census of all the inhabitants of the territory of Orleans’—So help me God.”

Sec. 3. And be it further enacted, That the above census shall begin to be Period of taking census. taken within a fortnight from the day of the publication of the present act, in every county respectively, To be entered in a register. and that it shall be entered in a particular register, whose pages shall be divided in six columns, in the following Form thereof. manner prescribed hereafter, that is to say:

24

REGISTER.

Heads of family or house.

White men of 21 years and upwards, including heads of family.

Men & male children under 21.

White females of every age.

Men, women & children of color.

Slaves of every sex & age.

Sec. 4. And be it further enacted, That every sheriff shall jointly with two Sheriff to examine register, and make out table, and deliver it to the governor. justices of the peace of his county, make the examination of the register in which the census of the inhabitants of his county is entered, and that he shall make up a general table in the form ordered hereafter, which general table it shall be his duty to direct and to cause to be delivered to the governor of this territory, on or before the first day of December next, Penalty for failure. under a penalty of a loss of his salary, and of a fine of one hundred dollars to the use of this territory.

Sec. 5. And be it further enacted, That the general table mentioned in the preceeding article, shall be made up by the sheriff in the following form:
County of __________.
Census of all the persons who reside in the county of __________. Form of table.

White men of 21 years and upwards.

White males below 21.

White females of every age.

Free men, & women & children of every color.

Slaves of every age & sex.

Total.

26

Sec. 6. And be it further enacted, That in order to obtain the greatest Sheriff to request heads of families to declare the age & sex of the persons residing in their families. accuracy in the taking of said census, the sheriff shall be compelled to request every head of family or of a house in his county, to declare the age and sex of all the persons who reside habitually in their said family or house, and who are absent for a time; To be entered on registers & table of census. and the names of said persons shall be entered by the sheriffs on their registers and table of census.

Sec. 7. And be it further enacted, That every sheriff shall receive for his Sheriff’s compensation. salary a compensation to be fixed by law.

Approved, May 20, 1806.

34

CHAPTER  X.
AN ACT

Sec. 1. Be it enacted, by the Legislative Council and House of Representatives of the territory of Orleans, in general assembly convened, Who are entitled to licenses. That every person who shall be recommended for the purpose to the judge of the county, by two or more respectable freeholders of the county, shall be entitled to receive of the aforesaid judge a license to keep an inn for and during the term of one year from the date of such license. Judge authorised to grant licenses. The judge of the said county shall be at liberty to grant licenses for inns to any person or persons recommended as aforesaid, at any place in their respective counties that they may deem proper; 36 Proviso. Provided, That on receiving the same the said applicant shall pay to the judge of the proper county thirty dollars for the use of the county; Duty of judge. and it shall be the duty of the judge of the said county to make entry thereof on his minutes, and within twenty days to pay the same into the county treasury, taking the treasurer’s receipt as his voucher for such payment, to be filed in his office: Applicant for license to give bond & security for keeping a well provided Inn, &c. and further, the applicant before the said license is delivered to him, shall enter into and acknowledge his bond with sufficient sureties, in the penal sum of five hundred dollars, payable to the judge and his successors in office, conditioned for the constantly keeping and providing his said inn with good, clean and wholesome diet, and lodging for travellers, and stabling provender or pasturage for horses, for and during the time of his license, and for the due observance of all laws and ordinances which may be in force in this territory relating to inn keepers; Penalty for breach of condition of bond, and appropriation. and in case of breach of, or not complying with the condition of said bond, it shall and may be lawful, in the name of the judge to sue for and recover in any court of competent jurisdiction the penalty of said bond, and apply one half thereof to his or her own use, and the other half to the use of the county where the cause of action may arise.

38

Bond to be filed in the office of the judge. And when such bond shall be executed and acknowledged as aforesaid, the judge of the court aforesaid shall file the same in his office and deliver the license to the aforesaid applicant, Compensation of judge. for which and the bond and all his services respecting the same, the judge shall receive the sum of four dollars.

Sec. 2. And be it further enacted, That every inn keeper shall set up a sign Inn keeper to set up a sign, and table of rates, which shall be certified gratis every six months. with his or her name in large characters, adjacent to and over his or her inn, and also set up in a conspicuous place in said inn, a fair table of rates, which every such must be certified gratis every six months by the judge or a justice of the peace of the county in which said inn keeper resides.

Sec. 3. And be it further enacted, That no inn keeper or other person shall Penalty for selling liquor to an Indian or slave. sell any spirituous, fermented or intoxicating liquors to any Indian or slave without the consent of the master or mistress of such slave, under the penalty of twenty dollars, and of forfeiting forever his license, and of being further liable to an action in any court of competent jurisdiction, for the recovery of such damages as said master or mistress may sustain in consequence of any violation of this act.

Sec. 4. And be it further enacted, That if any person or persons shall sell Penalty for selling liquors without a license. any spirituous, fermented or intoxicating liquor, in less quantity than one quart, without a license first obtained, shall for every such offence forfeit and pay the sum of forty-nine dollars into the treasury of the county; 40 Proviso. Provided nevertheless, That nothing in this act contained, shall be construed so as to prevent merchants and shop keepers from retailing liquors in any quantity above two quarts, so that the same be not drank in their stores; and said merchants or shop keepers shall be subject to the same penalty that inn keepers are for selling any spirituous, fermented or intoxicating liquors to any Indian or slave, without the consent of his, her or their masters or mistresses.

Sec. 5. And be it further enacted, That if any inn keeper or retailer of Penalty for selling any liquors to a soldier. spirits, shall sell any kind of spirituous, fermented or intoxicating liquors to any soldier or soldiers stationed within this territory, belonging to and in the actual service of the United States, knowing him or them to be such, without permission from one of his or their commissioned officers, such inn keeper or other person as aforesaid so offending, shall for every such offence forfeit and pay the sum of twenty dollars, one half to the use of the county, and the other half to the party suing for the same; Proviso. Provided, That nothing contained in this act shall be so construed as to extend to those who are permitted to sell within the military lines.

42

Sec. 6. And be it further enacted, That if any person or persons residing or Penalty for residents or travellers giving spirituous liquors to any Indian without permission. passing through this territory or any part thereof, shall sell or give on any account whatever, without the permission of the judge or a justice of the peace of the proper county previously obtained, to any Indian or Indians within this territory, any spirituous, fermented or intoxicating liquor, he, she or they so offending, shall upon due conviction thereof before the judge or a justice of the peace of the county in which the offence may have been committed, shall forfeit and pay for every such offence the sum of twenty dollars.

Sec. 7. And be it further enacted, That no inn keeper shall permit any person Penalty for inn keepers permitting gambling, quarrelling, obscene language or fighting, without informing judge or justice of the peace thereof. or persons to play at any game of hazard or gambling, quarrelling, obscene language or fighting, without giving information thereof immediately to the judge or justice of the peace of his county, under the penalty of twenty dollars for every offence or neglect, to be recovered by any judge or justice of the peace, and paid into the county treasury.

Sec. 8. And be it further enacted, That all laws and clauses of laws now in Repealing clause. force in this territory, coming within the purview and meaning of this act, shall be and the same are hereby repealed.

Sec. 9. And be it further enacted, That nothing in this act contained shall Nothing in this act to extend to N. Orleans. be so construed as to extend to the city of New Orleans.

44

Sec. 10. And be it further enacted, Commencement. That this act shall be in force from and after the passing thereof.

Approved, May 21st, 1806.

44

CHAPTER  XI.
AN ACT

WHEREAS great inconveniences do frequently result from losses sustained by masters and mistresses of apprentices and indented servants, for want of some uniform mode of binding them Preamble. and regulating their conduct and behaviour during the term of time expressed in their respective indentures, and to prevent them from absenting themselves from the service of their master or mistress, and punish them for their improper behavior, as well as to make the covenants between them mutually obligatory; for remedy thereof,

Sec. 1. BE it enacted by the legislative council and house of representatives of the territory of Orleans, in general assembly convened, That all and every person or persons who 46 Persons bound to serve the term of time expressed in their indentures. may be bound to serve either as an apprentice in any art, mystery or occupation, or as a servant for the sole purpose of ordinary or hard labor, shall be bound to serve the term of time expressed in their indentures respectively: Provided always, That if the party so bound as aforesaid be under the age of twenty-one years, he or she must be bound with the assent of his or her parent guardian or curator, or in case there be no such person in the county where the apprentice or servant resides, then by and with the assent of the mayor of any city which now exists or may be erected hereafter in the territory of Orleans, or the judge of the proper county, with the approbation of one or more justices of the peace within the same: Provisos. Provided nevertheless, if the party so bound be a female, that the term of year of her apprenticeship shall expire at or before she arrives at the age of eighteen years, and if a male at the period in which he shall arrive at the age of twenty one years; and if the party either male or female be over the age of twenty one years at the time of his or her entering into indenture either of apprenticeship or servitude, they shall be perfectly at liberty to bind him or herself (if they be of sound mind and memory) for a time not exceeding seven years, agreeable to the provisions of this act; any law, usage or custom to the contrary notwithstanding.

Sec. 2. And be it further enacted, That 48 Indentures to be signed and delivered by the party bound in the presence of two witnesses. executed, shall be signed and delivered by the party so bound, in presence of at least two witnesses, (one of whom, if the party so bound be under the age of twenty one years) shall be either the parent, guardian or curator, or (if such exist) before the mayor of any city, or the judge of any county in this territory who shall certify the same; Mayor or judges’ compensation. and the said mayor or judge, as the case may be, shall receive for either of their services in and about the same, the sum of five dollars; and the said judge or mayor shall order the parties applying for indentures of apprenticeship, to draw the same according to the following form, viz.

Form of apprentices indenture. “This indenture, made the __________ day of __________ in the year of our Lord __________
Witnesseth, that for divers good causes and considerations, A. B. (if under the age of twenty one years, say with the consent of his or her parent, guardian or curator, or if none such exist, then with the consent and approbation of the mayor, judge or two justices of the peace in the proper county,) hath bound and put him or herself apprentice unto C. D. to learn the art, trade, mystery, or occupation of which the said C. D. now useth, and to dwell and continue with the said C. D. his executors or administrators, from the day of the date hereof, until the full end and term of __________ years; during all which 50 period the said apprentice shall faithfully serve, and obey all his (or her) lawful commands, and not depart said service without their consent. And the said master or mistress, in consideration of the sum of __________ dollars, in hand paid by the said apprentice, in the said art, trade, mystery or occupation aforesaid, with all things thereunto belonging, shall and will teach or cause to be taught, and shall during the whole of said period find said apprentice with good and sufficient food, meat, drink, washing and lodging, (apparel, if the indentures express the same.) In witness whereof, the said A. B. hath hereunto set his hand and seal, the day and year first above written.
Signed, sealed and delivered in presence of

And the following form shall hereafter be observed for indentures of servitude, viz.
Form of servants’ indenture. “This indenture made the __________ day of __________ in the year of our Lord __________
Witnesseth, that A. B. (if under twenty-one years of age, say with consent, &c. as in the preceding form) of the county of __________ in the territory of Orleans, for and in consideration of the sum of __________ dollars to him (or her) in hand paid by C. D. of the same place, as also for divers other good causes, hath bound and put himself servant to the said C. D. to serve him, his 52 executors and assigns, from the day of the date hereof, for and during the term of __________ years thence next ensuing, during all which term the said servant, his said master, his executors and assigns, faithfully shall serve, and that honestly and obediently in all things as a good and dutiful servant ought to do; and the said master, his or her executors and assigns, during the said term shall find and provide for the said A. B. sufficient meat, drink, apparel and lodging. In witness whereof the said A. B. hath &c. as in the foregoing precedent.”

Sec. 3. And be it further enacted, That if any master or mistress shall abuse or cruelly or evilly treat Provision in case of either party violating their contract. or shall not discharge his or her duty towards his or her apprentice or servant, or if said apprentice or servant shall abscond or absent him or herself, from the service of his or her master or mistress, without leave, or shall not do or discharge his or her duty to his or her master or mistress, then said master or mistress, or apprentice, or servant, being aggrieved, shall or may apply to the judge of any county where the parties reside for redress, who, after giving due notice to the party against whom the complaint is lodged, and bring said parties, (by warrant or otherwise,) before him, and take such order and direction between the said master and mistress, apprentice or servant as the equity and justice of the case may require.

54

Sec. 4. And be it further enacted, That when any master or mistress shall remove from this territory or die, Provisions in case of death or removal of masters or mistresses. before the term of an apprentice who has been bound for the purpose of acquiring the knowledge of any art, mystery, or occupation, hath expired, then the mayor of any city, or the judge of any county within this territory, where such decedent had resided, shall have power to assign over the remainder of the term of apprenticeship, to such other suitable person of the same trade, or calling, mentioned in the indenture; and the assigns shall have the same rights to the service of such apprentice as the master or mistress had at the time of his or her death or removal : Proviso. Provided, That nothing in this section contained shall be so construed as to extend to servants whose indentures are assignable, and who have been bound for the sole purpose of ordinary and hard labor.

Sec. 5. And be it further enacted, That whenever any apprentice or bound servant shall abscond or absent him or herself Apprentice absconding subject to serve 2 days for every one he or she may be absent, or pay damages. from the service of his or her master without leave, that upon due proof being made to the satisfaction of any mayor or judge of any county court in this territory, the said mayor or judge shall have full power to compel the party thus absconding to serve his or her master or mistress, two days for every one that he or she has absented him or herself, or pay such damages as said mayor or judge may think equitable and just, to his or her said master or mistress.

56

Sec. 6. And be it further enacted, That in every case where any person shall be bound in any place, Where there are schools, apprentices shall be taught to read and write, &c. where there shall be a school established, either as an apprentice or servant, who shall be under the age of twenty one years, there shall be a clause in their indentures binding the master or mistress, to teach or cause to be taught the said apprentice or servant to read and write, as also to instruct him in the fundamental principles of arithmetic.

Sec. 7. And be it further enacted, That all laws, usages and customs on the Repealing clause. subject of apprentices be abrogated and repealed, and this act be in full force from and after the passage thereof.

Approved, May 21, 1806.

68

CHAPTER  XVI.
AN ACT

WHEREAS doubts have been entertained on the subject matter of construction of the first section of said act as to the 70 persons authorised to sell at auction, for remedy whereof,

BE it enacted by the legislative council and house of representatives of the territory of Orleans, in general assembly convened, That from and after the passing of this act, no person whosoever other than auctioneers duly No person but auctioneers or executive officers shall sell from and after the passing of this act, no goods, &c. at public auction. appointed, or executive officers acting under the authority of any court of the United States, or the government of this territory, shall sell or expose at public auction or vendue within this territory any goods or chattels or lands and tenements, under the penalties prescribed by the said act ; Proviso. Provided, That whenever the said auctioneers shall expose for public sale, and shall sell any goods belonging to any succession, it shall be the duty of such auctioneers to make In fifteen days after sale, the auctioneers shall make and deposit a process verbal in the notary’s office. a process verbal of said sale, and within fifteen days after said sale, they shall deposit the said process verbal in the office of the notary public, who shall be mentioned to them by the parties.

Approved, June 3d, 1806.

106

CHAPTER  XXVIII.
AN ACT

Sec. 1. BE it enacted by the Legislative Council and House of Representatives of the Territory of Orleans, in general assembly convened, That all persons, who being able to work and having neither profession nor trade, Who shall be deemed vagrants. nor any dwelling place, nor any property wherewith to maintain themselves, shall live idle without following some honest occupation to procure themselves the means of subsistence; those who frequent grog shops, gaming houses, and other disorderly places, and are not able to show what resources they possess to subsist upon, nor to produce credible testimony of their good conduct and morals; and also those who beg in the parishes where they dwell, without permission to that effect, shall be deemed idle and disorderly persons; and such as will be in any of the above 108 Vagrants shall give security for their good behavior. cases, shall, upon conviction, be condemned to give security for their good behaviour during twelve months, to the satisfaction of the justice of the peace, before whom they shall be produced or denounced, which security shall be of such sum as the said justice will deem proper to fix; In case of refusal or inability to give security as aforesaid, shall be committed to the house of correction. and in case of refusal or impossibility on their part to give the said security, the said justice of the peace, shall, at discretion, condemn them to be committed to the house of correction to be there kept to hard labor until they give the said security, or for a time not exceeding one month.

Sec. 2. And be it further enacted, That all those who shall be found wandering abroad at night, Who shall be reputed vagabonds and suspicious persons. or who lodge and sleep in grog shops or other suspicious places, in out-houses or in the open air, and who shall not be able to give some account of themselves and their occupations, nor be avowed by some person; all persons apprehended with any picklock or other instrument with the probable intention feloniously to break and enter any dwelling 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, shall be reputed vagabonds and suspicious persons, and those who shall be in any of the above Their punishment. cases, shall upon conviction, be punished with imprisonment in 110 the house of correction, and with hard labor, or with either, at the discretion of any justice of the peace, and according to the gravity of the case, for a time not exceeding three months.

Sec. 3. And be it further enacted, That all persons who, being in any of the cases mentioned in the two preceding sections, Who shall be deemed incorrigible vagabonds. or who shall give a false account of themselves, after warning of the consequences, or who shall commit a second offence, shall be deemed incorrigible vagabonds, and shall upon conviction of any of the aforesaid acts, be condemned, at the discretion of competent judges, and according to the gravity of the case, to imprisonment in the house of correction Their punishment. and to hard labor, for a time not exceeding three years, nor less than six months, Proviso. Provided, That nothing herein contained may be construed to deprive any persons of the trial by jury when it may be prayed for.

Sec. 4. And be it further enacted, That vagabonds, suspicious persons and others described in this act, Manner of arresting vagabonds, &c. may be arrested upon a warrant of any justice of the peace of the parish where they shall happen to be.

Sec. 5. And be it further enacted, That it shall be lawful for any two or more justices of the peace, 112 Vagabonds and suspicious persons how, and by whom examined. in case any person apprehended upon a general privy search, or by virtue of any special warrant, shall be charged before them with being a vagabond, a suspicious person, or an incorrigible vagabond, or be suspected of some criminal intentions, or of having committed some felony, (although no direct proof be then made thereof) to examine such person upon oath, after having duly forewarned him of the consequences of his giving a false account of himself, not only as to his nation and country where he was born, the parish or place where he was last legally settled, but also as to his means of livelihood; the substance of which examination shall Examination shall be filed in the clerk’s office of the superior court. be put into writing, and be subscribed by the person so examined, or if he cannot sign, mention will be made of that circumstance; and the said examination shall likewise be signed by the said justices, or Persons unable to make it appear that they have a lawful way of making a livelihood, may be imprisoned. one of them, and by them transmitted to the clerk of the county or superior court, at the end of the writings, to be there filed and kept on record: and If such person shall not make it appear to such justices that he has a lawful way of getting his livelihood, or shall not procure some responsible house-keeper to appear to his character, and to give security for his appearance before such justices or before the said county court, at some day to be fixed by the said justices, it shall be lawful for the said justices to commit such person to some prison or house of correction for any time not exceeding fifteen days; 114 and in the mean time the said justices shall Advertisement to be inserted in two papers in N. Orleans, if the vagabond is arrested in said county, describing said vagabond, &c. order that an advertisement be inserted, at the expence of the territory, in two of the public papers of the city of New-Orleans, if the vagabond is arrested in the county of Orleans, in the English and French languages, mentioning the name, surname, age, native place, residence and description of such suspicious individual arrested and imprisoned, the motives of his arrest, the articles which may have been found upon him, and which he shall be suspected not to have honestly come by, the place to which he is committed, and the time and place when and where such person is to be brought again to be examined before the said justices or before the county court. If the vagrant is not arrested in said county the advertisement shall be posted up in the most public places. But if said vagabond is not arrested in the county of Orleans, the said advertisement, as aforesaid, shall be posted up at the church door or at any other convenient public place.

Sec. 6. And be it further enacted, That at the expiration of the term granted by the said justices, At the expiration of the term granted by said justices the vagrants shall have a trial. the individuals arrested and committed as expressed in the foregoing section, shall be conducted again before them, or before the county court of the place of such commitment, and if no charge of crime or offence is brought against them, they shall be discharged and set at liberty; but if they are found to be in any of the cases mentioned in the second and third sections of this act, they shall be condemned to the punishment therein expressed, according 116 to the circumstances, and at the Prosecutions in which county court to be made on information filed by the public prosecutor. discretion of the said justices or of the county court; in which county court the prosecution shall be made on a simple information, filed by the person acting in the capacity of public prosecutor in such county.

Sec. 7. And be it further enacted, That if the vagrant or suspicious person, thus convicted, be found to have effects sufficient to pay all, The effects of vagrants to be sold for payment of costs. or part of the expence of his arrest, the said justices of the peace, or judge of the county, may order the same to be sold and employed for that purpose up to that amount; the balance to be returned to the offender.

Sec. 8. And be it further enacted, That persons harboring vagrants or suspicious persons, knowing them to be such, Penalty for harboring vagrants. shall, upon conviction, be fined in a sum not exceeding five hundred dollars, nor less than one hundred dollars, and be condemned to pay the whole expence accruing to the territory.

Sec. 9. And be it further enacted, That women convicted to be vagabonds or suspicious persons shall be liable, as men, to imprisonment.

Sec. 10. And be it further enacted, That all fines accruing by virtue of the present act, Fines how received. shall be recovered at the expence of the county, before any justice of the peace, or the judge of the county, according to the amount of such fines, and the order of competency between the said justices.

118

Sec. 11. And be it further enacted, That no individual shall be suffered to beg within the extent of the parish where he dwells, Persons begging without a permit to be deemed vagrants. without an express permission, signed by two justices of the peace of the parish, and granted upon the certificate of two creditable house keepers, testifying to the good conduct and morals of such individual, and that on account of his age or his infirmities, he is disabled from working; and the said permission shall not be extended beyond the limits of the said parish, otherwise the beggar shall be deemed a vagabond and treated as such.

Sec. 12. And be it further enacted, That in all cases where any person may be sentenced to any punishment under this act, Judge & mayor empowered to discharge persons sentenced to punishment on certain conditions. the judge of each county, save the county of Orleans, where such person shall have been convicted; and the mayor of the city of New-Orleans, in case of conviction, had in the city of New-Orleans, shall have power to discharge the person so sentenced, from such punishment, on such person giving bond, with one or more good and sufficient sureties, in a sum to be fixed by the said judge or mayor, according to the nature of the case, conditioned that the person so sentenced will depart and for ever remain out of the territory, Provided however, That such sureties shall only be responsible in case such person shall not depart out of the territory within the time specified in said bond, 120 and in case the person so convicted and sentenced, as aforesaid shall be found at large within the territory, after the time mentioned in said bond for departing the territory, such person shall be liable to his former sentence, and moreover to one year’s imprisonment at hard labour in addition thereto.

Sec. 13. And be it further enacted, That whenever any person shall, on conviction, be sentenced under this act, to imprisonment at hard labor, Sheriff shall carry sentence of imprisonment into execution. it shall be the duty of the sheriff of the county, in which such conviction shall have been had, to carry such sentence into execution, Provided however, That such sheriff shall have power, by and with the advice and consent of a justice of the peace of said county, to bind out such person so sentenced as aforesaid, to any house holder in the county, to serve at hard labor during the term of time for which he shall have been sentenced to imprisonment, Proviso. Provided moreover, That said sheriff shall take sufficient security, to be approved of by a justice of the peace of the county, for the good behavior of such convict, and for the payment of the costs and fines to which such convict may be liable, which shall be recovered by the sheriff and accounted for as by this act is provided.

122

Powers given to the sheriff in the preceding section shall be exercised in N. Orleans only by the consent of the mayor. Sec. 14. And be it further enacted, That the power given to the sheriff in the preceding section shall be exercised in the city of New-Orleans only by and with the consent of the mayor of the said city.

Approved, June 7, 1806.

122

CHAPTER  XXIX.
AN ACT

Sec. 1. BE it enacted by the Legislative Council and House of Representatives of the Territory of Orleans, in general assembly convened, That from and after the passing of this act, Punishment of persons guilty of murder, rape, administering poison, shooting or stabbing with intent to kill. if any person or persons shall commit either of the crimes of murder or rape, administering poison, or who shall administer any kind of poison to any person with the intent to commit the crime of murder, or who shall shoot or stab any person with the intent to commit the crime of murder, such person or persons so offending on conviction thereof shall suffer death.

124

Sec. 2. And be it further enacted, That if any person or persons shall be accessory before the fact, Punishment of accessaries to the fact. to any of the several crimes described in the first section of this act, such person or persons shall, upon conviction thereof, suffer death.

Sec. 3. And be it further enacted, That if any person shall by words, action, or writing, Punishment of persons encouraging slaves to insurrection. or in any other manner whatsoever, persuade, encourage or advise any slave or slaves to insurrection against his, her or their lawful proprietor or proprietors, or against the white inhabitants of this territory, or the government thereof, such person, on conviction thereof, shall suffer death.

Sec. 4. And be it further enacted, That if any person shall transport or cause to be transported out of this territory, Penalty for transporting slaves out of this territory. any slave lawfully holden in servitude in this territory, without the permission of the proprietor or proprietors of such slave, such person, so offending, on conviction thereof, shall be fined in a sum not exceeding two thousand dollars, nor less than one thousand dollars, and shall be liable to imprisonment for a term not exceeding one year.

Sec. 5. And be it further enacted, That if any judge, justice of the peace, sheriff, Penalty for a judge, justice of the peace, or any other civil officer to be guilty of any misdemeanor in their offices. or other civil officers, shall be guilty of any misdemeanor in the execution of either of their respective offices, shall, on conviction thereof, suffer fine or imprisonment, or both 126 at the discretion of the superior court, and be rendered forever afterwards incapable of holding any office of trust or profit under the government of this territory, and shall moreover be liable to action by the party injured.

Approved, June 7th, 1806.

CHAPTER  XXX.
AN ACT

Sec. 1. WHEREAS serious inconveniences might arise, Preamble. if measures were not taken to prevent the introduction of people of color from Hispaniola, and from the French American Islands; BE it enacted by the Legislative Council and House of Representatives of the Territory of Orleans, in general assembly convened, That from the passing of this act, No free men of color to be admitted into this territory. no free man of color, shall be admitted into this territory; 128 and that any such persons, who, after having been ordered to depart, shall remain in it, Persons of color who remain here after having been ordered to depart be deemed suspicious persons. shall be considered suspicious, and treated as such, until he finds a conveyance to quit the territory; or shall, until such departure, give security, to the satisfaction of the mayor, or of any justice of the peace before whom he may have been cited, in such sum as the said mayor or justice shall deem proper to fix, for his departure from the territory, within such delay, as shall be determined by the said mayor or justice of the peace, which delay shall not be longer than three months; and on the expiration of such delay, the security shall be liable to the payment of his bond, and the man of color liable to imprisonment, until an opportunity shall offer to send him out; Proviso. Provided, That this act shall not operate against free women of color, nor against young people of that description, under fifteen years of age, who shall be supposed to have left the island above named, to fly from the horrors committed during its insurrection.

Sec. 2. And be it further enacted, That every man and woman of color from Hispaniola, Free people of color from Hispaniola shall prove their freedom. who is now residing, or may hereafter come to reside in this territory, pretending to be free, shall prove his or her said freedom, before the mayor of the city, or any justice of the peace, by credible testimonies, and shall take a certificate of such justification, attested by the said mayor or 130 And take a certificate thereof. justice of the peace, and if such justification cannot be made, the said man or woman of color shall be considered as a fugitive slave; and employed at On failure of making such proof they shall be considered as fugitive slaves. the public works, until they shall prove their freedom; or be claimed by their owner by virtue of good titles, in which last case they shall be given up to such owners.

Sec. 3. And be it further enacted, That persons of color detained People detained as aforesaid how cloathed and fed. in the manner expressed in the foregoing section, shall, at the expence of the city or county where such detention shall take place, be furnished with a sufficient quantity of wholesome food, and with summer Provision in case such persons procure proof of their freedom. and winter clothes according to their wants; and that in case such persons shall be able to procure sufficient proofs of their freedom, they shall be forthwith set at liberty, to enjoy it conformably to the intent of the first section.

Approved, June 7, 1806.

2

CHAPTER  I.
AN ACT

16

Sec. 11. And be it further enacted, That the jurisdiction of the said parish judges Extent of jurisdiction.shall extend to all kind of contestations arising on contracts, notes bonds, covenants, and agreements ; to all sort of troubles in the possession of property ; to all suits, real or personal ; and generally to all civil matters, which may be originally brought before their court, whatever may be their importance or their amount, save the appeal to the superior court in manner and form hereafter prescribed.

The parish judge shall have also a jurisdiction, without appeal, in all contestations where the amount of the final judgment shall not exceed one hundred dollars of capital, exclusive of the interests and costs. Proviso. Provided, That every suit begun against any residing landholder in any one of the parishes, shall originate before the judge of the parishes in which said landholder resides.

Sec. 12. And be it further enacted, That the judge of the parish shall not have any Criminal jurisdiction. criminal jurisdiction on the free persons of his parish, except as to disputes originally brought before him for offensive words, either verbal, written or printed, or for assault and battery.

22

Sec. 14. And be it further enacted, That the parish judges shall have the same Criminal jurisdiction with regard to slaves. jurisdiction, criminal and without appeal, in all crimes or offences committed by slaves, which was given to the county judges by the act entitled “An Act prescribing the rules and conduct to be observed with respect to negroes and other slaves of the territory.”

Sec. 15. And be it further enacted, That the parish judges shall have jurisdiction Probate jurisdiction. in all matters relative to the proof of wills, appointment of guardians and curators, according to the existing laws of the territory, and the appointment of administrators in cases of persons deceased intestate, and confirmation of concordats, and other agreements made between debtors and creditors, in cases of insolvency or suspension of payment.

Sec. 16. And be it further enacted, That the parish judges shall make all inventories, appraisements and To make inventories and appointments in certain cases. public sales of all property, real or personal within the limits of their respective parishes, excepting sales to be made under executions issuing from the superior court of the territory, and shall receive all wills, and 24 make all matrimonial contracts, conveyances and generally all instruments of writing which may be made by the notaries public, and shall record the same in well bound books kept for that purpose, and give them due authenticity ; and to that effect they shall have a public seal and shall require and receive of the parties the same fees and commissions which are allowed by law to notaries and auctioneers for the same services. And their fees to be received for all and singular their judicial acts, shall be hereafter regulated by law.

28

Sec. 19. And be it further enacted, That no appeal from any Appeal not to stay execution, unless legally pursued. final judgment in either of the said inferior courts created by this act, shall stay execution thereon unless the same shall be entered and pursued in the form 30 hereinafter directed, that is to say, the party applying for the same, shall before any execution be issued on such judgment file in the office of the judge, a petition praying that such appeal may be allowed, together with one sufficient surety, in such penalty as the judge of said court shall direct, payable to the opposite party in such suit, in the following form, that is to say :

“Know all men by these presents, that we A. B. and C. D. are held and Form of appeal. firmly bound unto E. F. his executors and administrators and assigns, in the sum of __________ and for the payment hereof, we bind ourselves, our heirs, executors and administrators, firmly by these presents, sealed with our seal, dated this __________ day of __________ Whereas the above bounden A. B. hath this day filed his petition of appeal from a final judgment, rendered against him in the parish court of the parish of __________ in favor of the said E. F.

Now, therefore, the condition of the above obligation is such, that if the A. B. shall prosecute his said appeal with effect, and shall pay or perform any judgment that may be rendered thereon against him, or if the execution that may issue, or such judgment shall be satisfied out of his proper goods or chattels, lands and tenements, then and in such case the above obligation to be void or else to remain in full force and virtue”

And whensoever any petition for appeal shall be filed, and such bond executed and 32 all proceedings in such suit, in the said When appeal is filed, proceedings cease. parish courts, shall cease, and the judge shall make out a transcript of the proceedings in the cause, and all affidavits and other documents on file in the same, and annex the same to the said petition of appeal, and shall also issue a citation to the opposite party in the following form :

“The government Form of citation in appeal. of the territory of Orleans, to ____________________ greeting :

Whereas A. B. has this day filed in the office of the parish judge of ______________ a petition of appeal from a certain final judgment, rendered in the said court of the said parish against him, which appeal is returnable in the superior court of the territory on the first Monday of _______________ next. You are therefore hereby cited to appear in person or by attorney in the said court on the day last aforesaid to answer to the said appeal. Witness, C. D. judge of the said parish, the __________ day of __________ in the year __________”

Which citation shall be served on the opposite party if within this territory, Mode of serving citation. or his attorney, if the said party shall not be within the territory, delivering a copy thereof or leaving the same at his or her usual place of abode, which service must be made to appear by affidavit to the satisfaction of the superior court : Provided always, That Provisos. when the service is made on any attorney the absence of the party from the territory and the authority of the attorney must appear to the superior court by affidavit or otherwise before 34 any proceedings can be had in the court on such appeal. And provided also, That all such citations shall be returnable at the next term of the circuit court of the district in which the judgment from which the appeal may have been made, shall have been rendered, and shall be served so long before the return of the same, as to allow the party between the service and the return, one day for every four leagues distance between the place of service and the place at which the said circuit court shall set, if so many days shall intervene between the time in which the same may be served, and the then next term of the superior court ; but if a sufficient number of days shall not intervene to make the said allowance for distance, then the said citation shall be made returnable on the first day of the succeeding term of the said superior court ; and if the appellant shall not prosecute such appeal in manner directed by this act, the said bond so lodged in the judge’s office by him, may be delivered to the opposite party, to be put in suit ; but if judgment shall be obtained thereon, no execution shall issue for a greater sum than the sum amount of the original judgment, with interests and costs of suit on such bond.

54

CHAPTER II.
AN ACT

Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Territory of Orleans, in general assembly convened, That the parish judges are duly authorised Fees of parish Judges. to charge and receive the following compensations, to wit :

For every order by them issued in a civil suit, on the demand of the party, fifty cents ;

For rendering a judgment by default, fifty cents ;

For rendering a final judgment, one dollar ;

For administration of an oath, where the deposition or affidavit is written, and signing the same, twenty-five cents ;

For administering oath and writing the same, for every twenty words, twelve cents and a half ;

To filing petition, answer, answer to interrogatories, each twenty-five cents ;

For preparing citation or process to compel appearance, fifty cents ;

For filing the same when returned, and entering return, twelve cents and a half ; 56

For copies of all papers, of which copies are demanded, for every hundred words, twenty-five cents ;

For every venire for jury, fifty cents ;

For each separate summons for witnesses, twelve cents and a half ;

For every necessary certificate, twenty-five cents ;

For calling and swearing a jury, twenty-five cents.

For entering verdict, twelve cents and a half ;

For swearing each witness, twelve cents and a half ;

For entering judgment in each case, fifty cents ;

For issuing attachment, seventy-five cents ;

For receiving and entering return on attachment, twelve cents and a half ;

For entering satisfaction on judgment, twenty-five cents ;

For issuing fieri facias, one dollar and seventy five cents ;

For filing fieri facias, when returned and recording the return, twenty five cents ;

For keeping property seized and held under attachment, one per cent.

For taking bond with security on attachment to abide the judgment of the court, one dollar.

For all sales on execution, five per cent. on the amount made on such execution for the first one hundred dollars of the amount thereof, two and a half per cent. for every other hundred dollars up to the sum of two 58 thousand dollars ; one and a half per cent, for every other hundred dollars up to the sum of five thousand dollars ; and for every hundred dollars over and above five thousand, one per cent. thereon.

For executions and auctions without sale for want of bidders to the amount required by law, five dollars, besides twelve and a half cents for each mile they shall necessarily ride going and coming ;

For each conveyance for lands or slaves sold under execution, one dollar.

60

Sec. 3. And be it further enacted, That whenever the parish judges make any Fees for notarial acts, notarial acts, they are entitled to charge and receive the following compensations, viz.

For every donation, four dollars ;

For every lease, three dollars ;

For every bill of sale of slaves, whether for cash or credit, with or without mortgage or security, two dollars ;

For a sale of land and house for cash or on credit, with or without mortgage, three dollars ;

For an obligation, one dollar and fifty cents ;

For an obligation with security, mortgage or other condition, three dollars ;

For a release, with or without satisfaction of mortgage, two dollars ;

For any power of attorney, three dollars ;

For a contract of partnership, for every sheet containing one hundred words, twenty five cents ;

For a dissolution of partnership, three dollars ;

For a contract compromising disputes, three dollars ;

For a protest with a copy of the same, two dollars ;

For every mile going and returning, in addition to the above, twelve and a half cents ;

For a certificate of property, protection, residence, or of any other kind whatever, one dollar and fifty cents ; 62

For a declaration, one dollar ;

For a receipt, one dollar ;

For an exchage of slaves or lands, three dollars ;

For recording a will or other writing, for one hundred words, twenty-five cents ;

For opening of a will, three dollars ;

For every copy of any act, for one hundred words, twenty-five cents ;

For every marriage contract, six dollars ;

For a will made in the judge's office, six dollars ;

For a will made at the house of the testator, ten dollars ;

For every other deed, contract, declaration, or other act whatever, for every hundred words, and of all copies at the same rate, twenty-five cents ;

For every celebration of marriage, four dollars ;

For every licence, one dollar.

Approved, April 14, 1807.

82

CHAPTER  X.
AN ACT

Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Territory of Orleans, in general assembly convened. That no person shall be compelled either directly or indirectly, In what case a person may be compelled to emancipate his slave. to emancipate his or her slave or slaves, but in the case only where the said emancipation shall be made in the name and at the expence of the territory, by virtue of an act of the legislature of the same.

Sec. 2. And be it further enacted, That no person shall emancipate any of his or her slaves, unless said slave or slaves be thirty years of age, and unless besides, he, she or they have during the four years previous to the day of his, her or their emancipation, led an honest conduct, without having runaway, and without having committed any robbery, or having been guilty of any other criminal misdemeanor, In what cases a person is at liberty to emancipate his slave. provided the conditions required to be complied with by the present section, be not necessary in cases when the slave or slaves to be emancipated shall have saved the life of their master, of his wife, or of any of his children.

Sec. 3. And be it further enacted, That it shall be the duty of every person who intends to emancipate any one of his or her slaves, to declare to the judge of his or her county, that the said slave or slaves to be 84 set free, Person intending to emancipate a slave to give notice to the county judge, who shall give public notice thereof. have the age, and have led the conduct requisite by the second section of this act, to entitle them to their emancipation. It shall be the duty of the judge to issue immediately an order that the following notice be posted up in his county, both in the French and English languages, to wit :

A. N. inhabitant of the county of __________ having intention to emancipate his or her slave or slaves, Form of notice. (male or female) named __________ and __________ years of age, every person who may have any legal opposition to said emancipation, are required to file said oppositions in the office of the county court of said county, within forty days from the date of the present notice.

Signed. _____________________ M. R.
Sheriff of the county of _________________

After the expiration of said delay, if there be no opposition, or if the judge decide that the oppositions made, Further proceedings as to emancipation. are not valid, it shall be the duty of said judge to authorise the petitioner to cause the instrument of such emancipation to be made, which said emancipation shall be valid to all intents and purposes, unless the same should be contested afterwards, as having been made with a view to defraud creditors, minors, or people either absent from the territory, or residing out of the county in which notice of such intended emancipation was given, and this intention to defraud creditors shall always be presumed, if at the time of the emancipation taking place, the donor had not property 86 sufficient to pay his or her said creditors, except the slave or slaves emancipated.

Sec. 4. And be it further enacted, That every act of emancipation Informal emancipations null, and penalty for such emancipation. made contrary to the provisions of the preceding section, shall be null and void ; and the proprietor who shall have consented thereto, and the public officer who shall have passed said instrument, shall both, on conviction, forfeit the sum of one hundred dollars, — the half of which shall be to the benefit of the informer, and the other half to the treasury of the territory

Sec. 5. And be it further enacted, That every act of emancipation Emancipators to give security, that the slave emancipated shall not fall on the parish. of slave or slaves, shall include with it the tacit but formal obligation on the part of the donor, to nourish and maintain said slave or slaves by him or her thus emancipated, when said slave or slaves shall be in want, owing to sickness, old age, infancy, or any other proved infirmity. And if in such case, said donor should refuse to fulfil this obligatory duty of humanity, Penalty for refusal. it shall be the duty of any judge to whom such a refusal shall be made to appear and be proved, to condemn said donor to pay every month to the emancipated slave or slaves, by him or her thus abandoned, such sum as said judge may, in his discretion, determine sufficient to assure the subsistence, the maintenance and treatment of said emancipated slave or slaves, during the whole time that he, she or they shall be unable to provide for their own maintenance and support.

88

Sec. 6. And be it further enacted, That when the emancipation Emancipations made by will. of any slave or slaves shall be made by testament or other act of last will, the formalities or conditions prescribed by the third and fifth sections of this act, shall be fulfilled by the testamentary executors, administrators, heirs or representatives of the testator. /p>

Sec. 7. And be it further enacted, That all the provisions of any law in force in this territory, Repealing clause. be, and the same are hereby repealed, in every thing which they may contain, contrary to the provisions of the present act.

Sec. 8. And be it further enacted, That this act shall commence Commencement of the act. and be in force from and after the first day of September next, and not before, except the first section thereof, which shall be in force from and after the passage of this act.

Approved, March 9, 1807.

98

CHAPTER  XVI.
AN ACT

Sec. 1. Be it enacted by the Legislative Council and House Governor may order patrols. of Representatives of the Territory of Orleans, in general assembly convened, That it shall be the duty of the governor of the territory, whenever he shall deem it necessary for the preservation of order and for the public safety, to order patrols to be made in the night time, not only in the city and county of Orleans, but also in all the other counties of the territory.

Sec. 2. And be it further enacted, That the patrols Who to form patrols, and how regulated. shall be made by the militia, as well in New-Orleans as in all the other counties of the territory ; and that the number of individuals to compose the same shall be 100 regulated agreeably to the instructions which the governor shall send to the commandants of the militia in the several counties or parishes ; Proviso. Provided, That the service of patrols shall be made equally by the different corps of the militia, without any distinction or preference.

Sec. 3. And be it further enacted, That any individual Penalty for refusing to patrol. of the militia who shall have received an order to serve on a patrol, and who shall, without some powerful motive, duly proved, neglect, or refuse to perform that service, shall forfeit and pay, if he is a private or non-commissioned officer, ten dollars ; and if he be an officer, twenty dolls.

Sec. 4. And be it further enacted, That every individual of the militia shall perform his service himself personally ; How a patroller may offer a substitute. unless he shall offer some reasonable excuse ; in which case he shall be permitted to put some person in his place.

Sec. 5. And be it further enacted, That the said patrols Authority of patrol. are hereby authorized to arrest and imprison all persons whom they shall meet committing disorder or disturbing the public peace, and all vagabonds and suspicious persons ; and that it shall be the duty of the commander of the patrols immediately to inform thereof the judge of the county or parish or the neighboring justice of the peace, or if in New-Orleans, the mayor of the city ; Proviso. Provided, That if the individuals arrested are runaway slaves, the patrol shall have a right to the compensation fixed by the Black Code—Sec. 27.

102

Sec. 6. And be it further enacted, That the fines accruing Fines how recovered and appropriated. under this act shall be recovered at the suit of the captain or commanding officer of the company, before any justice of the peace, and that they shall be deposited in the same hands, and applied to the same use as to the other fines prescribed by the Act, entitled “An Act regulating “and governing the militia of the territory of Orleans.”

Approved, March 31, 1807:

102

CHAPTER  XVII.
AN ACT

Sec. 1. Be it enacted by the Legislative Council and Marriage a civil contract. House of Representatives of the Territory of Orleans, in general assembly convened, That the law considers marriage in no other view than as a civil contract.

Sec. 2. It prescribes, 1stly, How marriages may be What marriage prescribes. contracted or made; 2dly, How marriages may be dissolved; 3dly, The legal effects and consequences of matrimony.

104

Sec. 3. Such marriages only are recognised by law Marriages recognisable by law. as are contracted and solemnised according to the rules which it prescribes.

Sec. 4. Marriage is a contract intended in its origin to endure for the life of one of the contracting parties; How marriages are dissolved. yet this contract may be dissolved before the death of either of the married persons, for causes and by reasons determined by law.

Sec. 5. As the law considers marriage in no other view What marriages are valid. than that of a civil contract, it sanctions all those marriages as valid where the parties at the time of making them were

• 1stly, Willing to contract;
• 2dly, Able to contract; and
• 3dly, Did contract pursuant to the forms and solemnities prescribed by law.

Sec. 6. No marriage is valid to which the parties have What invalid. not freely consented. Consent is not free,

• 1stly, When given to a ravisher, unless it has been given by the party ravished after she has been restored to the enjoyment of liberty.
• 2dly, When it is extorted by violence;
• 3dly, When there is a mistake respecting the person whom one of the parties intended to marry.

106

Who are incapable of contracting marriage.Sec. 7. Persons deprived of the management of their own affairs, on account of insanity, or madness, are incapable of contracting marriage.

Sec. 8. One deaf and dumb from his or her nativity, is incapable of contracting marriage, unless it be previously proved to the satisfaction of the judge of the court or parish of the county in which he or she resides, and certified by him that such person is capable of giving a rational consent.

Sec. 9. A lunatic, except during a lucid interval, is incapable of the marriage contract.

Sec. 10. Persons legally married are, until a dissolution of that marriage, incapable of contracting another, under the penalties prescribed by the 21st section of the act for the punishment of crimes and misdemeanors.

Sec. 11. Criminals definitively sentenced to death are incapable, until pardoned, of entering into the marriage contract.

Sec. 12. Persons sentenced to whipping, imprisonment, pillory, or other infamous punishment, are not able to contract matrimony, until such punishment has been inflicted, or the offender pardoned.

Sec. 13. Free persons and slaves are incapable of contracting marriage together, the celebration of such is forbidden, and the marriage is void.

Sec. 14. Marriage between persons related to each other in the direct ascending or descending line, is prohibited. This prohibition is not confined to legitimate children; it extends to children born out of marriage also.

108

Sec. 15. Amongst collateral relations, marriage is prohibited between brother and sister, whether of the whole or of the half blood; whether legitimate or illegitimate; and also between the uncle and the niece, the aunt and the nephew.

Sec. 16. A minor who has not yet completed his or her twenty-first year, How minors may marry. shall previous to obtaining a licence to be married in the manner hereinafter directed, have received the consent of his or her father and mother, if alive and capable of consenting; in case of a difference of opinion between them the consent of the father shall be sufficient.

Sec. 17. If either of the parents is dead, or is incapable of consenting, the consent of the other shall be sufficient, even although he or she may have contracted a second marriage.

Sec. 18. If the father and mother are both dead or incapable of giving a consent, the grand father and grand mother shall supply their places as to this consent, and in case of difference of opinion a majority shall prevail; when they are equally divided in their opinions, the council of the family is convoked to decide.

Sec. 19. If there be neither father nor mother, nor grand father nor grand mother alive and capable of consent, then the minor under twenty-one years of age cannot obtain a licence to marry without the consent of the council of the family, legally convoked for that purpose.

110

Sec. 20. The family is bound to decide within one month after being convoked and their consent requested. After a month’s delay, if the consent be neither granted nor refused, the marriage may be celebrated.

Sec. 21. A natural child legally acknowledged, How natural children may marry. who has not attained twenty-one years of age, cannot obtain a licence without the consent of his father and mother or the survivor.

Sec. 22. The consent required in the foregoing articles How consents to marriage to be given. shall in every case be given or refused in the presence of the judge of the parish where the application for such consent is made. In case of consent it shall be drawn up in writing by the said parish judge, in presence of the parties consenting and two witnesses, and signed by the parties, the parish judge and the witnesses.

Sec. 23. Every certificate of consent shall be drawn up in duplicate, Duplicate certificates of consent to be drawn. one copy shall be retained by the parish judge, the other given to the parties to whom the consent is given or to their agent.

Sec. 24. The certificate of the consent of father and mother, Certificate to state names, &c. or grand father or grand mother, shall state their entire names, professions, and places of residence, and also the names of the parties in whose favor the consent is given.

Sec. 25. In case of the consent of the council of the family it shall state the names of those of the family who assembled, their professions and place of residence, and which of them consented, and also the names of the parties intending to marry. Certificate of council of family. The forms of the certificate No. shall serve as a model.

112

Sec. 26. Marriages may be annulled when they are not celebrated How marriages may be annulled. in the manner hereinafter prescribed.

Sec. 27. No marriage shall be celebrated by any person Who may celebrate marriages. who shall not previously have obtained a licence for that purpose from any parish judge within this territory.

Sec. 28. Any priest or minister of the gospel, regularly ordained or admitted into any religious society, may obtain a licence to celebrate marriages within the territory.

For this purpose, he shall produce his credentials To produce credentials, take oath, give bond, &c. or proofs of his ordination or admission, to the judge of the parish within which his domicile is situated, take the oath of allegiance, and the oath or affirmation to support the constitution of the United States, and give bond with security in the sum of two thousand dollars, for the faithful performance of his trust. This bond shall be deposited with the parish judge, who shall thereupon issue a licence, authorising such priest or minister to celebrate marriages in any part of the territory.

114

Sec. 29. When any parish judge shall think Parish judge may licence persons to celebrate marriages. that there is not sufficient numbers of priests or ministers licenced as above, to celebrate marriages in his parish, it shall be lawful for him to grant licences to justices of the peace to celebrate marriages in the parish in which they reside. These justices shall give bond and obtain their licences as directed in the 28th section.

Sec. 30. Any person who shall celebrate a marriage without having Penalty for celebrating marriage without licence. previously obtained a licence as above directed, shall pay a fine not exceeding ten thousand dollars nor less than five thousand dollars, at the discretion of the superior court of this territory, and shall also suffer twelve months imprisonment.

Sec. 31. No person authorised to marry, shall unite persons in matrimony, No marriage to be celebrated without a licence from judge. except upon the production of a licence from the judge of the parish in which the marriage is to be celebrated, authorising such person specially to proceed to solemnise the same.

Sec. 32. Any person proceeding to the celebration of any Penalty for marrying without licence. marriage in violation of the last section, shall pay a fine of not more than five thousand dollars, and shall moreover suffer an imprisonment of not more than two years, at the discretion of the superior court.

Sec. 33. Persons proposing to marry, who have attained the age of twenty-one years, How persons of full age may marry. shall satisfy the judge of the parish, either by the production of the registers of their birth, or by the oath of two credible witnesses that they have attained that age. The judge shall register the proof of the fact, and shall then publish the proposed marriage by posting up a notice at the door of the nearest church, at the door of the court-house of the parish, announcing the day on which a licence would issue, unless opposition should be made to it; Proviso. Provided however, That in certain cases, except the cases of minors, the said judge may dispense with the above mode of publishing marriages by his special licence to that effect, and under his own responsibility. If no opposition is notified to the judge within fifteen days next after such publication, he shall issue a licence authorising the celebration of the marriage - previously however, taking from the intended husband bond with sufficient security, in a sum proportioned to his fortune, at the discretion of the judge, that there exists no legal objection to the marriage. The licence authorising the celebration of the marriage, shall be directed to such licenced priest, minister, or justice of the peace, as shall be named by the intended husband or his agent or attorney.

116

Sec. 34. Minors shall apply to the judge of the parish To whom minors are to apply. in which one of the persons intending to marry has his or her domicil.

Sec. 35. The application of minors, shall then be published, Application of minors to be published. and if no opposition be made, the licence shall be granted as directed in cases of persons who have attained the age of twenty-one years.

118

Sec. 36. All marriages shall be celebrated in the parish where Where marriages to be celebrated. one of the married persons has his domicil, and it shall be done in presence of at least three witnesses, each of whom shall have attained the age of majority.

Sec. 37. It shall however be lawful for the people called How Quakers and Menonists marry. Quakers and Menonists, to celebrate their own marriages, or to be joined together as husband and wife by the mutual consent of the parties openly published and declared before the congregation when convened for religious worship in the manner and agreeably to the regulations which have heretofore existed in their respective societies.

Sec. 38. After the publication of an intended marriage, it may How marriage may be opposed. be opposed by presenting a petition to the judge of the court where the licence is applied for, stating the causes of opposition; and praying that the marriage may be delayed until the causes can be decided upon.

Sec. 39. The truth of the facts stated in the petition having Judge may determine on opposition, and cite the parties to be married. been sworn or affirmed to, the judge shall examine them; and if in his opinion the causes assigned be such as, if true, ought to prevent the marriage, he shall withhold a licence, and cause the parties whose marriage is thus opposed, to be cited, and served with a copy of the petition.

Sec. 40. The answer of the parties cited, being Judge may appoint a day for hearing the case. deposited with the judge, he shall examine the application of either of the parties, appoint a day for hearing the case and decide on it.

120

Sec. 41. This decision shall be given within ten days When decision to be given. at farthest after filing the answer.

Sec. 42. The father and mother or the surviving parent, Who may oppose a marriage. the grand father and grand mother or the survivor, may oppose the marriage of such of their descendants, as have not completed their twenty-first year.

Sec. 43. A person already married to either of the parties proposing to intermarry, may oppose the marriage.

Sec. 44. If there are no relations in the ascending line, the brother or the sister, the uncle or the aunt, the cousin germain, having attained the age of majority, can oppose the marriage in the two following cases only: 1st, When the consent of the family required by the nineteenth section has not been duly obtained; 2d, When the opposition is grounded upon the madness or insanity of the person whose marriage is opposed.

Sec. 45. If a licence has issued before the petition stating Copy of opposition petition to be served on priest. the opposition has been filed with the judge; a copy of it, together with the judge’s order for delaying the marriage, shall be served upon the priest, minister, or justice of the peace, by whom the marriage is intended to be celebrated, who, upon being so served, shall desist from performing the ceremony.

122

Sec. 46. If the opposition is rejected, the party petitioning How costs of opposition to be paid. shall pay costs & damages, unless such party be a father or mother, or grand father or grand mother to one of the contracting parties.

Sec. 47. Marriages celebrated without the free consent Marriages without consent how annulled. of the married persons, or of one of them, can only be annulled upon the application of the married person or persons whose consent was not freely given. When there has been a want of consent, arising from a mistake in the person, the party laboring under the mistake can alone impeach the marriage.

Sec. 48. In the cases embraced by the preceding section, How confirmed the application to obtain a sentence annulling the marriage, is inadmissible if the married persons have freely and without constraint, cohabited together after recovering their liberty or discovering the mistake.

Sec. 49. A marriage contracted without the consent of the father Parents, &c. may sue daughter’s husband, for marrying without their consent. and mother, the relations in the direct ascending line, or the council of the family, cannot for that cause be annulled; but the relatives whose consent was wanting, shall have a right to sue upon the bonds of the person issuing the licence, or of the person celebrating the marriage, and to recover damages. They may also direct the public prosecutor to sue for the fines and penalties imposed on that offence by law. Parents shall also, on account of such marriage, have the right of disinheriting such children.

124

Sec. 50. Every marriage contracted in violation of the provisions Certain marriages how annulled. of 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15th sections, may be annulled upon the petition of either or both of the married persons, of any person interested, or of the attorney general of the territory.

Sec. 51. If the marriages have been celebrated in contravention When proceedings to be commenced to annul certain marriages. of the 16, 17, 18, 19, 20 and 21st sections, proceeding may be commenced to annul them by the relatives in the ascending line by the council of the family or by any person having an interest; but these proceedings must be commenced within six months after the marriage, or it shall be deemed legal. At any time before sentence annulling such marriages, they can be celebrated according to the rules prescribed by law, and by such celebration they become valid from the day on which the ceremony was at first performed.

Sec. 52. The husband and wife by entering into the marriage Parents to maintain children. contract, respectively engage to nourish, maintain and educate their children.

Sec. 53. The child cannot maintain an action against its parents Children cannot bring action for marriage portion. for a marriage portion or other establishment.

Sec. 54. Children owe maintenance to their father and mother, Children bound to support parents. and other relations in the direct ascending line, where they require and need it.

126

Sec. 55. Sons-in-law and daughters-in-law in like manner and under Children by marriage owe the same duties. the same circumstances, owe a maintenance to their fathers-in-law and mothers-in-law; but this obligation ceases,

When the obligation ceases.

• 1stly, When the mother-in-law has entered into another marriage;
• 2dly, When the married person who formed the chain of affinity, and the descendants of that person by the survivor, are dead.

Sec. 56. The obligations resulting from these provisions are reciprocal.

Sec. 57. The maintenance allowed by law is proportioned to the wants Maintenance allowed by law. of the party claiming, and the means of the party paying it.

Sec. 58. When he who furnishes or he who receives a maintenance, In what cases a discharge from maintenance may be demanded. is placed in such a situation that the one no longer needs or the other is no longer capable of paying it, a reduction or discharge may be demanded.

Sec. 59. If the person who is bound for maintenance, Court may, in certain cases order the person maintained to reside in the family of the maintainor. proves that he is unable to pay a pecuniary pension, the court of the parish in which he resides, shall order the party entitled to support, to be maintained in the house of him whose duty it is to administer it.

Sec. 60. The husband and wife owe to each other mutually, Fidelity to be observed. fidelity, support and assistance.

Sec. 61. The wife is bound to live with her husband Duty of a wife. and to follow him wherever he chooses to reside, the husband is obliged to receive her and to furnish her with whatever is required for the wants of life, in proportion to his means and condition.

128

Sec. 62. The wife cannot appear in court as plaintiff Wife cannot be plaintiff in a suit. without the authority of her husband, although she may be a public merchant or possess her goods separate from her husband.

Sec. 63. The wife even where there is not a community of goods Wife cannot grant, &c. real estate. between her and her husband, or where she holds her property separate, cannot alienate, grant, hipothecate or acquire, either by gratuitous or incumbered title, unless her husband concurs in the act, or yields his consent by writing.

Sec. 64. If the husband refuses to empower his wife to prosecute Judge may empower wife to sue. a suit, any judge of the superior court, or the judge of the parish where the husband has his domicil, may give her that authority.

Sec. 65. If the husband refuses to permit his wife to pass an act, In what case a wife may cite her husband to appear before the court. the wife may cause him to be cited to appear before the judge of the parish where he has domicil, or before the judge of the superior court, (if in session) or before any one of them in vacation, who may empower or refuse to empower her to pass the act, after hearing the reasons which the husband may alledge against it.

Sec. 66. If the wife is a public merchant, she may without being empowered Wife authorised to bind herself for goods. by her husband, oblige herself for what relates to her occupation; and in such case her husband is bound also; Provided there exists a Proviso. community of property between them. She is not considered as a public merchant whilst she retails only the effects of her husband, but when she carries on a separate commerce.

130

Sec. 67. If the husband is under interdiction or absent, Wife in certain cases may appear as plaintiff. the judge of the parish, or the judges of the superior court may authorise the wife to appear in court as plaintiff or defendant, or to make contracts.

Sec. 68. Every general authority, even although stipulated What authorities void. for in the marriage contract, is void, except so far as respects the administration of the goods of his wife.

Sec. 69. Proceedings to annul the authorised acts of the wife, Proceedings to annul authorised acts of wife. can be instituted by the husband or wife only or by their heirs.

Sec. 70. Marriages are dissolved, 1stly, By the death of the husband Marriages dissolved. or wife. 2dly, By a sentence of divorce legally pronounced.

Approved, April 6, 1807.

132

CHAPTER  XVIII.
AN ACT.

Sec. 1. BE it enacted by the Legislative Council When parish judge, justices of peace, &c. to meet and deliberate on roads and levees. and House of Representatives of the Territory of Orleans, in general assembly convened, That the parish judges together with the justices of the peace and a jury of twelve inhabitants, shall meet once in the year, to wit, on the first Monday in July in every year, or oftener if necessary at the request of the parish judge in order to deliberate upon and make all necessary regulations relative to roads and levees, according as circumstances may require when changes or extraordinary works may have become necessary.

Sec. 2. And be it further enacted, That the aforesaid judge, Powers of parish judge, &c. as they relate to roads, levees and cattle. justices of the peace and jury, are fully authorised to fix the time for cattle to run at large; to decide on the necessity of fences and their form; and to order and provide for the execution of whatever concerns the interior and local police and administration of their parish; and likewise to undertake all improvements which they may deem useful to the community, whether they consist of new roads, bridges, How expences to be defrayed. levees or navigation; and the expences attending such works, shall be shared by all the inhabitants and distributed a- 134 mong them in the manner which shall seem the most just and the most convenient to their interests.

Sec. 3. And be it further enacted, That the judges aforesaid Judge to give notice of new regulations. are hereby charged with the execution of all regulations which shall be made under this act; and that therefore it shall be his duty to publish them, and to cause them to be notified to all the parishioners by means of a circular letter, and to be posted up at the door of the parish church and other public places in order that nobody may plead ignorance of the same.

Sec. 4. And be it further enacted, That at the expiration of the time fixed by the regulations Judge to examine work; and penalty for work not being well done. for the termination of the works, it shall be the duty of the judge, to go in company of two inhabitants to examine the said works, in order to satisfy himself that they are executed in the manner prescribed by the said regulations; and any inhabitant who shall have failed to execute the same, shall forfeit and pay the fine fixed by the said regulation; and the judge shall order him to execute his said work within a certain time; after which, if the said inhabitant has again neglected to make it, the judge shall order the work to be made at his expence (the said delinquent) either by the job or by the inhabitants of the parish, each of whom shall send to the spot a number of able bodied negroes proportioned to the strength of his gang, for the hire of which slaves they shall receive one dollar per day; and the said judge is hereby fully authorised to compel the inhabitant disobedient to the 136 regulations to pay all the expences by him occasioned, even by seizure and sale of his property, if the case requires it.

Sec. 5. And be it further enacted, That any judge who shall neglect Penalty for a judge neglecting his duty. to fulfil the duties imposed on him by this act shall forfeit and pay the sum of five hundred dollars,—one half of which shall be applied to the use of the parish, and the other half to the use of the person who shall prosecute the recovery of the same before the circuit court of the district, to which the parish shall belong.

Approved, April 6, 1807.

140

CHAPTER  XXI.
AN ACT

Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Territory of Orleans, in general assembly convened, That a direct tax of thirty-four thousand, five hundred and forty-one dollars, Apportionment of tax among the several counties. shall be and hereby is laid on this territory, and apportioned to the several counties of said territory in the manner following:

To the county of Orleans, fifteen thousand and five hundred dollars;

To the county of German Coast, two thousand seven hundred and thirty-six dollars;

To the county of Acadia, one thousand and seven hundred dollars;

142

To the county of La Fourche, one thousand six hundred and sixty-six dollars;

To the county of Iberville, one thousand six hundred and sixty-six dollars;

To the county of Attakapas, one thousand six hundred and sixty-six dollars;

To the county of Opelousas, one thousand six hundred and sixty-six dollars;

To the county of Point Coupee, two thousand and five hundred dollars;

To the county of Rapides, one thousand six hundred and sixty-six dollars;

To the county of Concordia, nine hundred and fifty-eight dollars;

To the county of Ouachita, one thousand one hundred and fifty-one dollars;

To the county of Natchitoches, one thousand six hundred and sixty six dollars.

Sec. 2. And be it further enacted, That in order to the collection of said tax, Courts to appoint persons to examine the appraisements of real estates & list of slaves. and also for the purpose of collecting the annual tax on slaves, herein after imposed, the parish judge or judges, (in cases where there may be more than one parish in a county) shall summon and cause to be assembled, a jury composed of twelve principal inhabitants of the county, which jury shall appoint three persons, resident in said county, and possessed of real property therein, whose duty it shall be to examine the appraisements of the real estates in their county, made under the act, entitled “An act for levying a tax on real estates in the territory of Orleans,” and also the lists of slaves given into the treasurer of their county the preceding year; 144 to correct such errors as they may discover in the same, and make such alteration as they may find to be just and necessary; to visit in person the estates, with which they may be unacquainted, and where they may deem it necessary, in order to make a just appraisement thereof; and in sixty days, from the time of their appointment, they shall present to the parish judge or judges of the county, a list of the lands of each proprietor in their county, together with the sum at which they shall have appraised the same, and also the number of slaves holden by each resident in said county; a duplicate copy of which regularly certified, they shall at the same time transmit to the treasurer of the territory.

Sec. 3. And be it further enacted, That the persons so to be appointed appraisers, Duty of appraisers. shall be obliged to perform all and singular the duties and services enjoined by this act; and on failure thereof, shall forfeit and pay to the use of the parish, in which he shall be a resident, the sum of two hundred dollars. Proviso. Provided however, That the said parish judge or judges in such county, shall have power to excuse from said service persons unable to perform the same; and in case of failure, of one or more of said appraisers to perform the duties imposed on him by this act, the said judge of the parish in which the person so failing to perform said duties may reside, shall proceed to appoint a person to supply the vacancy, without summoning a jury for 146 Appraisers to take oath. that purpose; and each of said appraisers shall before he enters on the discharge of his duties, take the following oath before the said parish judge or judges: Form thereof. “I solemnly swear that I will perform with integrity, the several duties prescribed by the act, (here naming the title of this act,) according to the best of my ability—So help me God.” And said appraisers shall have power to exact from the land proprietors, a declaration in writing, and under oath, of the number of acres of land which they possess, together with its situation, whenever they shall deem it necessary.

Sec. 4. And be it further enacted, That upon the return of the appraisement of the said appraisers, Appraisements to be returned to parish judge who shall cause an equal apportionment to be made. and list of slaves as aforesaid, duly signed and certified to the parish judge or judges of the county for which they shall have been appointed; the said parish judge or judges, shall immediately cause to be made an equal apportionment of the sums to be paid by each land proprietor named in such return, according to the valuation made by said appraisers, and in such manner as to produce the amount of tax apportioned by this act to said county; Judge shall cause 3 tables of appraisement to be made. and shall moreover cause to be made for each parish in said county, three tables containing the names of all the proprietors of lands or slaves in such parish, alphabetically arranged, the amount of the appraised value of the lands of each proprietor, and the several sums to be paid by each, according to the apportionment aforesaid, together with the number of slaves 148 How to be disposed of. of each resident in said parish, and the amount of tax due thereon; of which three tables, one shall be delivered to the treasurer of the territory, one retained by the parish judge of the parish for which it shall have been made, and the other transmitted to the clerk of the house of representatives.

Sec. 5. And be it further enacted, That it shall be the duty of the judge of each parish, Judge to give notice when collection of tax will commence. upon the completion of the apportionment of the taxes as aforesaid, forthwith, by circular letters or by public advertisement, to give to the inhabitants of his parish thirty days previous notice of the day on which he shall begin his collection.

Sec. 6. And be it further enacted, That when a judge shall have once either personally or by his deputy, duly authorised to receive said taxes, have called on a proprietor of land or slaves to pay the same, When distress may be made for tax. at the usual place of residence of such proprietor, (and in case of non-payment at the time, shall have left a written notice of the amount of taxes due from such proprietor, at his usual place of residence as aforesaid, with a request to pay the same) and the said taxes shall remain unpaid for sixty days after that such proprietor shall have been so called upon or notified, said judge shall have power and authority And sale made. and he is hereby required to seize the goods and chattels of such proprietor or proprietors, and cause the same to be sold at public auction, for the payment of said tax, which sale shall be by the said parish judge or his deputy, after giving three days public notice of 150 the same, by advertisement or otherwise; and in case goods and chattels cannot be found sufficient to satisfy such tax, said judge shall have power to sell at public auction the land of such proprietor, or so much thereof as will satisfy the said tax, giving at least three weeks public notice of the time of sale, by public advertisement in his parish.

Sec. 7. And be it further enacted, That the judge of each parish shall be, and hereby is obliged either in person, or by his deputy, When tax to be paid into the treasury. at his own expence, to collect the taxes on land and slaves by virtue of this act, levied and assessed as aforesaid, upon the inhabitants of his parish, and to pay the same to the treasurer of the territory, to wit: The judges of the parishes in the counties of Orleans and German Coast on the first Monday in December next; the judges of the parishes in the counties of Acadia and Iberville and Point Coupee on the first Monday in February following; and the judges of all the other parishes in the territory on the twenty fifth day of March following. Proceedings where a collector fails to pay tax into treasury. And if any judge shall fail so to collect and pay over to the treasurer of the territory, it shall be the duty of the treasurer of the territory to sue out of the superior court of the territory, (whose duty it shall be to grant the same) a warrant of distress against such delinquent judge and his sureties, directed to the sheriff of the superior court district in which such parish judge or sureties may reside, therein expressing the amount of the taxes imposed 152 on the parish of such judge, and the sums (if any) which have been paid; and the said sheriff shall himself or by his deputy, immediately proceed to levy and collect the sum which may remain due, by seizure and sale of the goods, chattels or any personal effects of such delinquent judge, and for want of goods, chattels or effects, the same may be levied on the person of said judge, who may be committed to prison, there to remain until discharged by due course of law; and furthermore, if goods, chattels, and effects cannot be found of such judge sufficient to satisfy said warrant, the said sheriff shall and may proceed to levy and collect the sum which may remain due, by seizure and sale of the goods & chattels or any personal effects of the surety or sureties of such delinquent judge.

Sec. 8. And be it further enacted, That the amount of the taxes on land and slaves, committed to any parish judge Territory has a lien upon real property of collector. for collection by virtue of this act, shall, and the same are hereby declared to be a lien upon the lands and real estate of such judge and his sureties, until the same shall be discharged according to law; and for want of goods and chattels or other personal effects of such judge or his sureties, sufficient to satisfy any warrant of seizure issued pursuant to the preceding section of this act, the lands and real estate of such judge and his sureties, or so much thereof 154 as may be necessary for satisfying the said warrant, after being advertised for at least three weeks in not less than three public places, in the parish of said judge, may and shall be sold by the said sheriff or his deputy. Who to make conveyances of property sold for tax. And for all lands and real estates sold in pursuance of the authority aforesaid, the conveyances of the said sheriff shall be valid in law; and all monies that may remain of the proceeds of such sale after satisfying the said warrant and paying the reasonable costs and charges, shall be returned to the proprietor of the land or real estate so sold.

Sec. 9. And be it further enacted, That where the proprietors of lands taxed by virtue of this act, do not reside How sale of non-resident’s lands may be made. in the county where such lands lie, no sale of such lands for non-payment of taxes shall be made until after advertisement shall have been made three months at least before the time of sale; and on failure of payment of the tax due on said lands at the expiration of said three months, such lands shall be sold in the same manner as is provided in the sixth section of this act in relation to the lands of proprietors personally summoned.

Sec. 10. And be it further enacted, That each parish judge shall be allowed five per cent. on the amount of taxes collected by him Allowance for collection. under this act, as compensation in full for his services; and in case of seizure and sale of goods and chattels, or real estate by virtue of the authority given him by this act, he shall be entitled to five dollars for each sale of personal and to ten dollars for each 156 sale of real property, to be paid out of the property sold, in full for his compensation for all said sales.

Sec. 11. And be it further enacted, That the annual tax on slaves be, and the same hereby is raised Slaves taxed 75 cents. to seventy-five cents, on each slave holden in this territory.

Sec. 12. And be it further enacted, That at the time of payment of the tax on slaves, the parish judge or his deputy, Proprietor to declare on oath the number of slaves he holds. shall compel the proprietor or holder of any slave or slaves to declare on oath, for which oath no compensation shall be due to the person administering the same, the number of slaves so holden by him, and if it shall appear that the return of the appraisers in that respect was incorrect, the said parish judge shall have power to alter and amend the same.

Sec. 13. And be it further enacted, That in case any parish judge or appraisers shall neglect or fail to deliver Penalty for failing to make return to treasurer. or cause to be delivered, the several returns to the treasurer of the territory as prescribed by this act, such parish judge or appraisers shall forfeit and pay the sum of five hundred dollars, to the use of the territory, to be recovered, with costs of suit, before the superior court.

Sec. 14. And be it further enacted, That the said appraisers to be appointed by virtue of this act, shall be entitled Allowance to appraisers. to two dollars a 158 day during the time that they shall be actually employed in the performance of the duties required by this act, to be paid out of the treasury of the territory on the warrant of the parish judge or judges of the county, for which such appraisers shall have been appointed, & who shall issue said warrant upon satisfactory evidence exhibited to them of the time during which said appraisers shall have been actually employed in the performance of the duties aforesaid.

Sec. 15. And be it further enacted, That if any person being required to answer on oath, as provided by this act, Penalty for giving in false lists. shall refuse so to do, or in case being sworn, shall depose falsely, in either case, such person so offending shall forfeit and pay to the use of the parish in which he may reside, the sum of two hundred dollars, and in case of having deposed falsely, he shall be deemed guilty of wilful and corrupt perjury, and shall, on prosecution, suffer the pains and penalties by law provided for that offence.

Sec. 16. And be it further enacted, That the several treasurers and sheriffs of counties, or any other person in possession of the same, To whom former sheriffs &c. to deliver lists of slaves and real estates. shall be obliged to deliver, when required thereto, to the appraisers, to be appointed under this act, the several appraisements of real estates and lists of slaves in their possession, as returned and given in to 160 them respectively the preceding year; and on failure thereof, to forfeit and pay to the use of the territory five hundred dollars, to be recovered by information before the superior court.

Sec. 17. And be it further enacted, That the amount of the tax on real estates, imposed by an act, entitled Former tax how collected. “An act for levying a tax on real estates in the territory of Orleans,” passed the seventh of June, one thousand eight hundred and six, shall be collected and paid by the several sheriffs respectively entrusted with the collection of the same, in three months after the passing of this act, and to that end, the sheriff of each county entrusted with the collection of said tax, thirty days after having summoned the proprietor, from whom such tax shall be due, to pay the same, may and shall proceed in the same manner, to seize and sell at public auction, the goods and chattels or lands of such proprietor, as is provided for the enforcing of the collection of the tax imposed by this act, in case a proprietor shall delay the payment of such sum as may be due from him after having been summoned as aforesaid. Penalty for neglect. And in case such sheriff shall not in four months from the passing of this act, collect and pay the amount of the tax imposed by said act, passed the seventh June, one thousand eight hundred and six, such sheriff and his sureties shall be liable to the several provisions contained in this act, in case of failure to pay to the treasurer of the 162 territory, within the time specified, the amount of taxes entrusted to him for collection by virtue of the present act.

Sec. 18. And be it further enacted, That the taxes to be collected in the parish of St. Louis, on lands and slaves levied by virtue of this act, Taxes in parish of St. Louis by whom collected. shall be collected by the person to be appointed sheriff of the first superior court district, and said sheriff and his sureties shall be responsible for the payment of the same to the treasurer of the territory, at the time provided for the payment to be made by the parish judges of the parishes of the counties of Orleans and German Coast, and said sheriff and his sureties shall be liable to the same process in case of delinquency, and for the purpose of compelling the payment of the taxes entrusted to said sheriff for collection; said sheriff shall have the same powers and shall proceed in the same manner, as in this act has been provided for, and in relation to the parish judges of the other parishes in this territory. Orleans parish judge to cause apportionment to be made. And to this end, the parish judges of the county of Orleans shall immediately after the passing of this act, make or cause to be made, an equal apportionment of the sums to be paid by each proprietor named in the table of estimation, according to which the tax levied by virtue of an act, entitled “An act for levying a tax on real properties in the territory of Orleans,” has been collected in such a manner as to produce the amount of tax apportioned to said county, and shall moreover cause to be made the tables for each parish in the same manner as provided by 164 the sixteenth section of this act, for the other counties, taking the number of slaves from the lists given in to the treasurer of the county the preceding year; and in sixty days from the passing of this act, said judges shall be obliged to complete said tables of taxes for each parish, cause to be delivered certified copies of the same to the treasurer of the territory, together with the table for the parish of Saint Louis, to the said sheriff of the first superior court district, under penalty of one thousand dollars, to be recovered with costs of suit, of each judge who shall refuse or neglect the duty imposed on him by this section of the present act.

Sec. 19. And be it further enacted, That said sheriff shall, in addition to the security which he shall have given for the faithful performance of his duties as sheriff, Sheriff to give bond and security. give bond with two good and sufficient sureties, in the sum of twenty thousand dollars, for the faithful performance of the several duties prescribed by this act; Allowance to sheriff for selling goods for tax. and said sheriff shall be entitled in full satisfaction for his services to a commission of three per cent. on the sums which he shall pay to the treasurer of the territory, proceeding from the taxes levied by this act. And in case of seizure and sale of goods and chattels and real estate to compel the payment of said tax, said sheriff shall be allowed the compensation as is provided by this act for the parish judges. And it shall be the duty of said sheriff to compel the proprietors or holders of any 166 slave or slaves to declare on oath the number of slaves of which such proprietor may be possessed, and to correct the errors in the said list by him to be received from the parish judges, in the same manner as is provided in the thirteenth section of the act in relation to the parish judges; and any resident in said county, who shall refuse to declare on oath, when required thereto, the number of slaves of which such person may be possessed, or in case of making a false declaration under oath as aforesaid, such person shall be liable to the same penalties provided by the fifteenth section of this act.

Approved, April 10, 1807.

180

CHAPTER  XXVIII.
AN ACT

Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Territory of Orleans, in general assembly convened, That no free negro or mulatto shall emigrate to, Penalty on free negroes and mulattoes emigrating to this territory. or settle in this territory, after the passage of this act, under the penalty of twenty dollars for every week any such person shall remain in the territory, after the expiration of two weeks, and any free negro or mulatto, who shall refuse or neglect to pay the fine imposed by this act, or who shall not give such security to any judge or justice of the peace of the parish in which they shall be found, for his departure from this territory within two weeks, as the said judge or justice shall approve of, shall be committed to the jail of the parish, and may 182 be sold therefrom by the judge of the parish, after ten days notice of such sale, for a term sufficient to pay the fines herein imposed, with the costs. And in case that no person should buy such man of color for the space of time above mentioned, he shall then be employed at public works during as many days as he shall have remained in the territory after the two weeks aforesaid.

Sec. 2. And be it further enacted, That the first section of the act, entitled “an act to prevent the introduction of free people of color from Hispaniola, and the other French islands of America into the territory of Orleans,” Repealing clause. is hereby repealed, and that the free men of color coming from the French islands shall be subject to the general disposition of this act.

Approved, April 14th, 1807.

184

CHAPTER  XXIX.
AN ACT

Sec. 1. Be it enacted by the legislative council and house of representatives of the territory of Orleans, in general assembly convened, That in lieu of the sums which were imposed on the counties hereafter named, Apportionment of taxes by the first section of the act, entitled “An act for levying a tax on lands and slaves in the territory of Orleans,” the said counties shall pay the following sums, to wit :

The county of Acadia, two thousand dollars ;

The county of La Fourche, one thousand three hundred and thirty two dollars ;

The county of Iberville, one thousand three hundred and thirty two dollars ;

The county of Attakapas, two thousand and two hundred dollars.

Sec. 2. And be it further enacted, That the person to be appointed sheriff of the first district of the superior court, Who to make apportionment &c. in the county of Orleans. shall in lieu of the judge of the parish of New Orleans, and jointly with the other parish judges of the county of Orleans, make the apportionment and tables of taxes for the said county, in the manner prescribed by the eighteenth 186 section of the act to which this is an amendment.

Approved, April 14, 1807.

CHAPTER  XXX.
AN ACT

Sec. 1. Be it enacted by the legislative council and house of representatives of the territory of Orleans, in general assembly convened, That if an overseer, or other white person, How threatening an overseer punished. representing the owner of a plantation, is threatened, insulted, or struck by any slave of the said plantation, such offence shall be punished by the judge and the inhabitants, who are by law charged with the punishment of crimes committed by slaves at their discretion according to the gravity of the case.

Sec. 2. And be it further enacted, That if any person shall conceal in his or her house, any slave, or shall receive such slave as hired or otherwise, without permission from his master, it shall be the duty of the judge or justice of the peace before whom complaint of such offence shall be made, to condemn, on conviction, such person or persons 188 to pay to the master or masters of said slaves, Penalty for concealing slave. or to his representative, the sum of two dollars for every day that such person or persons shall have concealed the said slave or slaves, and moreover such person or persons shall be responsible in his, her or their own and proper name for every damage which the said slave or slaves may have committed during the time of his or her concealment at said person or persons; and if said person or persons, shall not have the means to pay to the master or masters of said slave or slaves, the above compensation, such person or persons shall, by the judge or justice of the peace, be condemned to an imprisonment which shall not exceed three months, and which shall not be less than fifteen days.

Sec. 3. And be it further enacted, That every person be prohibited from permitting in his or her negro quarter, Assemblage of negroes prohibited. any other assemblies but those of his or her own slaves, and from allowing his or her said slaves the liberty to dance during the night.

Sec. 4. And be it further enacted, That the testimony of slaves under oath, How negro testimony to be received. shall be received in the manner prescribed in the fifth section of the second part of the Black Code: entitled “Of crimes and misdemeanors,” against free negroes, mulattoes or mulattoes, 190 unless said slaves be the slaves of said free negroes, mulattoes or mustees.

Sec. 5. And be it further enacted, That any provision contained in the act, entitled Repealing clause. “An act prescribing the rules and conduct to be observed with respect to negroes and other slaves of this territory,” as comes within the purview of this act, shall be and the same is hereby repealed.

Approved, April 14th, 1807.

Text prepared by:

• Bruce R. Magee

Source

Territory of Orleans. Acts Passed at the First Session of the First Legislature of the Territory of Orleans, Begun and Held in the City of New-Orleans, on the 25th Day of January, in the Year of Our Lord One Thousand Eight Hundred and Six, and of the Independence of the United States of America the Thirtieth. Bradford & Anderson, 1807. Louisiana Digital Library, Louisiana Purchase Bicentennial Collection, louisiana digital library.org/ islandora/ object/ lapur-lapur%3A2328. Accessed 23 Oct. 2026.

Territory of Orleans. Acts Passed at the First Session of the First Legislature of the Territory of Orleans, Begun and Held in the City of New-Orleans, on the 25th Day of January, in the Year of Our Lord One Thousand Eight Hundred and Six, and of the Independence of the United States of America the Thirtieth. Bradford & Anderson, 1807. HathiTrust Digital Library, University of Michigan copy, babel. hathitrust. org/ cgi/ pt?id=mdp.35112203962842. Accessed 23 Oct. 2026.

Territory of Orleans. Acts Passed at the Second Session of the First Legislature of the Territory of Orleans, Begun and Held in the City of New-Orleans, on the 12th Day of January, in the Year of Our Lord One Thousand Eight Hundred and Seven, and of the Independence of the United States of America the Thirty-First. Bradford & Anderson, 1807. Louisiana Digital Library, Louisiana Purchase Bicentennial Collection, louisiana digital library.org/ islandora/ object/ lapur-lapur%3A1765. Accessed 23 Oct. 2026.

Territory of Orleans. Acts Passed at the Second Session of the First Legislature of the Territory of Orleans, Begun and Held in the City of New-Orleans, on the 12th Day of January, in the Year of Our Lord One Thousand Eight Hundred and Seven, and of the Independence of the United States of America the Thirty-First. Bradford & Anderson, 1807. HathiTrust Digital Library, University of Michigan copy (second session begins at sequence 233), babel. hathitrust. org/ cgi/ pt?id=mdp.35112203962842& seq=233. Accessed 23 Oct. 2026.

L’Anthologie  Louisianaise