Louisiana Anthology

J. Madison Wells, Governor.
Duncan S. Cage, Spreaker of the House.
Albert Voorhies, President of the Senate.

Acts Passed by the General Assembly of the State of Louisiana.
1865.

No. 2.] JOINT RESOLUTIONS 4

Whereas, It is eminently proper and due both to our constituents and the Government, that this Representative body, fresh from the people of the whole State, the first that has assembled in Louisiana since the surrender, should give a public and unmistakable expression of sentiment in regard to “the situation;” therefore,

1. Be it resolved by the Senate and House of Representatives of the State of Louisiana, 6 in General Assembly convened, That there is no spirit of resistance to Federal authority among the people of Louisiana; that they frankly avowed their purposes and objects in the late struggle for separate government, and having failed in that, they now, with equal frankness, accept, as the inevitable result, the present situation, including the abolition of slavery, the re-establishment of which they do not expect.

2. Be it further resolved, &c., That in the expression that “the Southern people must be trusted,” President Johnson exhibited a thorough acquaintance with Southern character, and eminent wisdom and statesmanship, and that it is our firm resolve to justify this confidence and to sustain the President in his efforts to restore these States to representation in Congress and a position of political equality in the Union.

3. Be it further resolved &c., That the people of Louisiana are unreserved in their purpose of loyalty, and, if permitted, that to the Constitution of the United States and the Union of the States thereunder do they now look for their future political happiness and prosperity.

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No. 6.] JOINT RESOLUTIONS.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana, Recorders authorized to appoint one deputy. in General Assembly convened, That the Recorders of the different parishes in the State of Louisiana shall have the right to appoint one Deputy, for whose acts the said Recorders and their sureties shall be responsible.

Sec. 2. Be it further enacted, &c., That the said Deputies shall take the oath Oath of Office. which the law prescribes in such cases, before entering upon the duties of their office.

Sec. 3. Be it further enacted, &c., That the said Deputies be, and they are hereby empowered Powers of said deputies. to transact all the business which the Recorders may have to attend to in their capacity of Recorders and ex-officio Notaries Public.

Sec. 4. Be it further enacted, &c., That the Recorders, when Duty of Recorders. making their appointments of Deputies, shall obtain in writing the consent of their sureties on their bonds to said appointments, extending their liabilities to the acts of their Deputies, which said written consent shall be deposited with the Clerks of the District Courts of their respective parishes, and certified copies thereof forwarded to the Auditor of Public Accounts.

Sec. 5. Be it further enacted, &c., That this act shall take effect from and after its passage.

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No. 10.] AN ACT

Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened, That it shall not be lawful for any person or persons to carry fire-arms on the premises or plantations of any citizen, without the consent of the owner or proprietor, other than in lawful discharge of a civil or military order; and any person or persons so offending shall be fined Penalty. a sum not less than one dollar nor more than ten dollars, or imprisoned not less than one day nor more than ten days in the parish jail, or both, at the discretion of any court of competent jurisdiction.

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Sec. 2. Be it further enacted, &c., That all laws, or parts of laws, to the contrary notwithstanding, Repealing clause. be and the same are hereby repealed.

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No. 11.] AN ACT

Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened, Persons offending against this Act, before whom tried. That whosoever shall enter upon any plantation without the permission of the owner or agent, shall be deemed guilty of a misdemeanor, and shall be liable to be arrested and brought before any court of competent jurisdiction, and upon proof of the fact shall be fined Fine. in a sum not exceeding one hundred dollars, or imprisoned for a term not exceeding one month, and may, moreover, be required to give bond for good behavior during six months.

Sec. 2. Be it further enacted, &c., That all laws, or parts of laws, Repealing clause. contrary to the provisions of this act, be and the same are hereby repealed.

Sec. 3. Be it further enacted, &c., That this act shall take effect from and after its passage.

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No. 12.] AN ACT

Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That 18 the one hundred and twenty-first section of an act entitled “an act relative to crimes and offences,” approved March 14, 1855, which reads as follows, to-wit:

It shall be the duty of any sheriff, constable, policeman, or other peace officer, whenever required by any person to carry such vagrant before a justice of the peace of any parish, or before any one of the recorders of the city in which he shall be, for the purpose of examination; and if the justice, or other officer, be satisfied by the confession of the offender, or by competent testimony, that he is a vagrant within the description aforesaid, he shall make a certificate of the same, which shall be filed with the clerk of the court of the parish, and in the city of New Orleans the certificate shall be filed in the office of one of the recorders; and the justice or other officer shall issue a warrant to commit such vagrant, if in the city of New Orleans, to the workhouse of the city, for any time not exceeding six months, there to be kept at hard labor; or if such vagrant be a proper object of charity, to some place of refuge, to be provided by the Common Council of the city; and if in any of the parishes, to the parish jail for not more than six months; and if such vagrant be a proper object of charity, to such place of refuge as shall be provided by the parochial authorities.

Shall be amended and re-enacted so as to read as follows:

That upon complaint made on oath before a justice of the peace, mayor, or judge of the district court, or other proper officer, that any person is a vagrant within the description aforesaid, it shall be Judges to issue their warrant to Sheriff, etc. the duty of such justice, judge, mayor, or other officer, to issue his warrant to any sheriff, constable, policeman, or other peace officer, commanding him to arrest the party accused and bring him before such justice of the peace or other officer; and if the justice or other officer be satisfied by the confession of the offender, or by competent testimony, that he is a vagrant within the said description, he shall make a certificate of the same, which shall be filed with the clerk of the court of the parish, and in the city of New Orleans the certificate shall be filed in the office of one of the recorders; and the said justice or other officer shall require the party accused to enter into bond, payable to the Vagrants to furnish bond for good behavior. Governor of Louisiana, or his successors in office, in such sums as said justice or other officer shall prescribe, with security to be approved by said officer, for his good behavior and future industry, for the period of one year; and upon his failing or refusing to give such bond and security, the justice or other officer shall issue his warrant to the sheriff or To be detained or hired out for not more than twelve months. other officer, directing him to detain and to hire out such vagrant for a period not exceeding twelve months, or to cause him to labor on the public works, roads and levees, under such regulations as shall be made by the municipal authorities; Proviso Provided, That if the accused be a person who has abandoned his employer, before his contract expired, the preference shall be Vagrants in New Orleans. given to such employer of hiring the accused; and provided further, that in the city of 20 Proceeds to be paid into the parish treasury. New Orleans the accused may be committed to the workhouse for a time not exceeding six months, there to be kept at hard labor, or to be made to labor on the public works, roads or levees. The proceeds of hire in the cases herein provided for, to be Duty of persons hiring vagrants. paid into the parish treasury for the benefit of paupers; and provided further, that the person hiring such vagrant shall be compelled to furnish such clothing, food and medical attention as they furnish their other laborers.

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No. 15.] AN ACT

Whereas, The fencing that formerly enclosed the plantations Preamble. in the neighborhood of Port Hudson has been destroyed by the armies encamped there during the late war; and

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Whereas, The owners of said plantations, many of whom are preparing to cultivate the same, will not be able to enclose them in time for that purpose;

Section 1. Be it enacted by the Senate and House of Representatives Cattle not allowed to run at large. of the State of Louisiana, in General Assembly convened, That no horses, mules, neat cattle, or other live stock of a nature to injure crops of cotton, sugar cane, corn, or other object of agricultural production, shall be permitted, east of the Mississippi river, to run at large within five miles of the fortifications at Port Hudson, distance to be computed from the nearest point of said fortifications to any other point within the radius contemplated.

Sec. 2. Be it further enacted, &c., That persons having live stock of any or all of the kinds Persons to keep their stock within enclosures.
Penalty, how recoverable. enumerated, within the limits mentioned, shall keep the same within enclosures, under a penalty of ten dollars for each and every animal found outside the same. Said penalty recoverable by writ before any justice of the peace of the ward in which the party delinquent may reside.

Sec. 3. Be it further enacted, &c., That this act shall be in force When to take effect and for what time. from and after its passage, and shall have effect until the close of the year one thousand eight hundred and sixty-seven.

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No. 16.] AN ACT

Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened, Persons liable for damages and subject to fine. That any one who shall persuade or entice away, feed, harbor or secrete any person who leaves his or her employer, with whom she or he has contracted, or is assigned to live, or any apprentice who is bound as an apprentice, without the permission of his or her employer, said person or persons so offending shall be liable for damages to the employer, and also upon conviction thereof shall be subject to pay a fine of not more than five hundred dollars, nor less than ten dollars, or imprisoned in the parish jail for not more than twelve months, nor less than ten days, or both, at the discretion of the court.

Sec. 2. Be it further enacted, &c., That it shall be the duty of the judges Duty of Judges. of this State to give this act especially in charge to the grand juries at each jury term of their respective courts.

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Sec. 3. Be it further enacted, &c., That all laws or parts of laws Repealing clause conflicting with this act, be, and the same are hereby repealed, and that this act shall take effect from and after its passage.

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No. 19.] AN ACT

Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened, That it shall be the duty of Sheriffs, Justices of the Peace and other civil 30 Sheriffs, etc., to report to Clerks of Courts lists of orphans or persons unable to provide for themselves. officers of this State, to report to the Clerks of the District Courts of their respective Parishes, and in the Parish of Orleans (left bank) to the Mayor of the City of New Orleans, and on the right bank to the President of the Police Jury, on the first Monday of each month, for each and every year, all persons under the age of eighteen years, if females, and twenty-one, if males, who are orphans, or whose parent, parents, or tutor, have not the means, or who refuse to provide for and maintain said minors; and, thereupon, it shall be the duty of the Clerks of the District Courts, Mayor and President of the Duty of Clerks, etc. Police Jury aforesaid, to examine whether the party or parties, so reported from time to time, come within the purview and meaning of this Act, and if so, to apprentice said minor or minors, in manner and form as prescribed by the Civil Code of the State of Louisiana; provided, that orphans coming under the provisions of this Act Orphans to select their employers. shall be authorized to select said employers when they have arrived at the age of puberty, unless they shall have been previously apprenticed; provided, that any indenture of apprentice or Indentures made before J. P. and witnesses, and recorded. indented servant, made before a Justice of the Peace and two disinterested witnesses, and the original deposited with and recorded by the Recorder of Mortgages for the Parish, in To be recorded. a book provided for that purpose, shall be valid and binding on the parties, and when made by the Clerk, shall be also deposited with the Recorder of Employer to pay expenses. Mortgages, and all expenses for passing said acts of indenture shall be paid by the employer.

Sec. 2. Be it further enacted, &c., That persons who have attained the age of majority, Persons, foreign or native, allowed to bind themselves for five years. whether in this State or any other State of the United States, or in a foreign country, may bind themselves to services to be performed in this country, for the term of five years, on such terms as they may stipulate, as domestic servants and to work on farms, plantations or in manufacturing establishments, which contracts shall be valid and binding on the parties to the same.

Sec. 3. Be it further enacted, &c., That in all cases, when the age of the minor cannot be Age, how determined when doubtful. ascertained by record testimony, the Clerks of the District Courts, Mayor and President of the Police Jury, or Justices of the Peace aforesaid, shall fix the age, according to the best evidence before them.

Sec. 4. Be it further enacted, &c., That all laws or parts of laws conflicting with the provisions of this Act, be, and the same are hereby repealed, and that this Act take effect from and after its passage.

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No. 20.] AN ACT

Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened, That hereafter any person who shall employ any laborer or apprentice, Employing laborer or apprentice already under contract a misdemeanor. who is already under contract for service for any period of time to any other person, and before such time of service shall have elapsed, so as to deprive such first employer of the services of such laborer or apprentice, shall be deemed and held guilty of a misdemeanor, and shall, upon conviction thereof, before any court of competent jurisdiction, be punished by a fine of not less than ten nor more than five hundred dollars, for each and every offense, or imprisonment in the parish jail for a period not exceeding thirty days, at the discretion of the court, and shall be liable for damages to the party injured.

Sec. 2. Be it further enacted, etc., That any person who shall discharge from his employment any laborer or apprentice, during the term of service agreed upon between such employer and such laborer or apprentice, or at the expiration of such term of service, shall, upon the request of said laborer or apprentice, give to him or her a written certificate of such discharge, Certificate of discharge to be given. and upon refusal to do so, shall be deemed guilty of misdemeanor, and upon conviction thereof, shall be subject to the penalties prescribed in the first section of this act.

Sec. 3. Be it further enacted, etc., That it shall be the duty of the Judges of this State Duty of Judges. to give this act especially in charge to the Grand Juries at each jury term of their respective courts.

Sec. 4. Be it further enacted, etc., That this act shall take effect from and after its passage.

No. 27.] JOINT RESOLUTION.

Be it resolved by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened, That the sum $11,750 appropriated for the relief of charitable institutions. of eleven thousand seven hundred and fifty dollars, be, and is hereby appropriated as temporary relief to the following Charitable Institutions, the sums hereinafter named, out of any sums not otherwise appropriated:

• House of the Good Shepherd, seven hundred and fifty dollars $ 75000
• New Orleans Female Orphan Asylum, one thousand dollars 1,00000
• St. Vincent Infant Orphan Asylum, fifteen hundred dollars 1,50000
• St. Elizabeth Asylum, five hundred dollars 50000
• St. Anna’s Asylum, five hundred dollars 50000
• St. Joseph Asylum, seven hundred and fifty dollars 75000
• Protestant Orphan House, one thousand dollars 1,00000
• Louisiana Retreat, five hundred dollars 50000
• St. Mary’s Orphan Boys’ Asylum, two thousand dollars 2,00000
• The Orphan Girls’ Asylum of the Immaculate Conception, seven hundred and fifty dollars 75000
• The Female Orphan Asylum, Baton Rouge, five hundred dollars 50000
• The Female Orphan Asylum, Donaldsonville, one thousand dollars 1,00000
• The Orphan Boys’ Asylum, Jefferson City, Nayades street, one thousand dollars 1,00000
• Total: Eleven thousand seven hundred and fifty dollars $11,75000

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No. 34.] AN ACT

Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened, That in order to secure to the State some return for the cost of clothing and feeding the large number of convicts now under sentence of 54 the courts for high crimes, and in order that their labor may be made useful to the State, the Governor be and is hereby empowered to have said prisoners removed to the State Penitentiary, at Baton Rouge, there to be confined and controlled as hereinafter provided in this act.

Sec. 2. Be it further enacted, &c., That the Governor be autho- Board to be appointed. authorized to appoint, by and with the advice and consent of the Senate, for the term of two years, for the general supervision of said Penitentiary, five competent citizens, residing in the vicinity of the prison, to be styled: “The Board of Control of the Louisiana Penitentiary,” who shall have direction and complete control in the management of the same.

Sec. 3. Be it further enacted, &c., That the members of said To meet twice a month. Board of Control shall meet at least twice in each month at the office of the Penitentiary, and hold their sessions from day to day until all the business connected with the prison be disposed of. Compensation to each member $250. Each member of the Board, for his services, shall receive as full compensation the sum of two hundred and fifty dollars per annum, to be drawn semi-annually on the warrant of the President of the Board.

Sec. 4. Be it further enacted, &c., That the Board of Control, President and other officers to be selected by the Board. independent of selecting its own President, shall have the right to select a chief warden, a physician, a clerk, a captain of the guard, and such other subordinates as may be absolutely necessary to maintain order among the prisoners and guarantee their safe keeping.

Sec. 5. Be it further enacted, &c., That it shall be the duty of Duty of the Clerk. the clerk to keep accurate accounts of all moneys received and expended, of the provisions and clothing furnished the prisoners, the cost of the same, and report quarterly to the Board of Control; and it shall be the duty of the latter to transmit the same, with their report, annually, to the Governor at least ten days before the Salaries, how fixed. meeting of the General Assembly. For his services, the clerk shall re- ceive a salary to be fixed by the Board of Control, to be drawn quarterly on the warrant of the President of the Board. The com- pensation of the chief warden, the physician, the officer over the guard, and the police necessary to perform the duty of guarding the prisoners, shall be fixed by the Board, and the sums paid as provided for in the case of the clerk; provided, that the salaries so fixed by the Board shall first be transmitted to the Governor for his approval.

Sec. 6. Be it further enacted, &c., That immediately after the appointment of the Board of Control, the Governor shall direct them at once to prepare the Penitentiary for the reception of all Transfer of prisoners. prisoners now under sentence in the State for penitentiary offenses, and that when the building is so prepared they immediately inform the Governor, who shall then direct all sheriffs to forward convicts in their charge to the State prison for confinement.

Sec. 7. Be it further enacted, &c., That it shall be the duty of Treatment of prisoners. the Board of Control to see that the prisoners have good and wholesome food, comfortable clothing and medical attendance; they are to provide rules and regulations for the enforcement of strict discipline, but in no instance to allow unnatural or brutal punishment. Prisoners shall be made to labor from sunrise to sunset throughout 56 the year, and shall be employed exclusively in rebuilding and repairing the prison, the manufacture of brick, such cotton and woolen stuffs as the present machinery can make, such mechanical pursuits as necessary for the use of the prison, and if the Board of Control deem it proper, a tannery may be established and operated within the enclosure.

Sec. 8. Be it further enacted, &c., That the sum of fifty thousand dollars be appropriated out of any moneys in the Treasury $50,000 appropriated. not otherwise appropriated, for carrying into effect the provisions of this act, and that the same be paid to the President of the Board of Control on the warrant of the entire Board.

Sec. 9. Be it further enacted, &c., That this act take effect from and after its passage.

Sec. 10. Be it further enacted, &c., That all laws on this subject in conflict with this act be and are hereby repealed.

Text prepared by:

• Bruce R. Magee

Source

Cage, Duncan S., Albert Voorhies, and J. Madison Wells. Acts Passed by the General Assembly of the State of Louisiana, at the Extra Session, Held and Begun in the City of New Orleans, on the 23d of November, 1865. J. O. Nixon, State Printer, 1866. Tulane University Libraries, https:// library. search. tulane.edu/ discovery/ fulldisplay? context= L&vid= 01TUL_INST: Tulane& docid= alma994551 5886506326.

Missing pages. The Tulane University Library's copy of this document has gaps in the pagination. Our thanks to the Law Library of Louisiana for supplying pages 12-13, 41-48.

L’Anthologie  Louisianaise