Jury, the same may be so remitted or abated only when the Judge of the parish shall recommend the same to the Police Jury, and the Police Jury shall consent to the same; and when the same shall have been imposed under an ordinance of any city or other municipal corporation, then said fine or imprisonment may be so abated or remitted only upon the recommendation of the Mayor or other chief magistrate thereof, and the consent of the least numerous branch of the municipal legislative body, and not otherwise.

1869-138.

Corporation may contract

holson pave

ment, assess property, etc.

24. [SEC. 2469.] Whenever any town or corporation in the State of Louisiana desires to use the patent Nicholson pavement, upon a petition made in accordance with the charter thereof or otherwise, for laying Nie- for the purpose of improving the streets, said corporation is hereby authorized, by resolution or ordinance, to fix the price to be paid for said pavement, and let the same under contract to the licensee of said patent; and said corporations are hereby authorized and empowered to assess the front of each owner's property for one-third of the cost of said pavement, and the cost of the same against said owner shall give to said corporation a lien and privilege on said property, and above all others except for taxes; and one-third of such improvement shall be paid by the corporation.

owners.

25. [SEC. 2470.] When the owners of one-fourth of the propPetition of lot erty which fronts upon any street in a city, town, or corporation, in the State of Louisiana, shall petition the Council thereof, in writing, to change the nature and quality of the pavement of said street, when the contract for paving has not been completed, said Council shall have the right to release the contractor from the contract, and adopt the mode of pavement so petitioned for; provided, that the contractor shall assent to the release in writing.

ized.

26. [SEC. 2471.] All contracts which may have been heretofore Contracts legal. made by any city or town for the laying of the patent Nicholson pavement, are hereby confirmed and legalized, where the error, if any, in said contracts arose from want of power in the city authorities to contract for said patented pavement.

1870-47.

Per capita tax prohibited.

LIMITATIONS TO MUNICIPAL TAXATION.

27. [SEC. 1.] Hereafter neither Police Juries nor other parish authorities, nor the officers of any municipal corporation shall have or exercise the power to ordain, levy or collect a per capita tax for any purpose whatsoever.

taxes to be

28. [SEC. 2.] Hereafter neither Police Jurors, nor other parish authorities shall make appropriations or expenditures for the purpose Special road of making or repairing the public roads or bridges in their respective levied. parishes, until provisions for the payment of such appropriations or expenditures have been made by laying a special tax on all the real and personal property in the parish, and payment for work performed or material furnished for making or repairing roads or bridges shall not be made from or out of any other fund or funds of the parish. 29. [SEC. 3.] When the Police Jury, or other parish authority of any parish, in which there is a municipal corporation or corpora- Road fund coltions, shall cause to be assessed and collected a tax for road pur- ish Collector poses, the amount of tax so collected from property situated within pal corpora the limits of said municipal corporation, less the expense of collecting the same, shall be paid over, by the Collector of parish taxes, to the Treasurer of said corporation; and the authorities of said municipal corporation shall expend the said fund for the purpose of making or repairing the roads, streets or bridges of said municipal corporation.

lected by Par

within munici

tions to be paid over to their

Treasurers.

tra session.

cipal taxation

on assessed

30. [SEC. 8.] No city or other municipal corporation shall levy a tax for any purpose, which shall exceed two per centum on the 1870-126-Exassessed cash value of all the property therein listed for taxation; Limit to muninor shall the Police Jury of any parish levy a tax for parish purposes, two per centum except to pay indebtedness incurred prior to the passage of this act, cash value of during any year, which shall exceed one hundred per centum of the thorize State tax for that year, un'ess such excess, whether levied by village, the voters. cities or parochial authorities, shall first be sanctioned by a vote of a majority of the voters of said village, city or parish, at an election held for that purpose. No per capita tax, except the poll tax author- Per capita tax. ized by the Constitution, shall be assessed or collected in this State.

EXPENSES OF POST MORTEM EXAMINATIONS AND INQUESTS.

less

by a majority of

31. [SEC. 660.] The Coroner may summon witnesses at such time and place as he shall direct; the persons summoned shall, for 1868–207, non-attendance or refusal to testify, be subject to the same penalties, post mortem

to be expressed in the summons, as it they had been served with a subpena on behalf of the State to attend a Justice's Court. It shall be the duty of the Coroner, if adjudged necessary either by himself or by a majority of the jury, in order to ascertain the cause of death, to order a post mortem examination, whether surgical only, or chemical also, to be made on the body of the subject of the inquisition, by competent medical practitioners; and the expense of such post mortem examination shall be paid by the parish or municipal authorities within whose jurisdiction the inquest shall be held.

Expenses of

examinations

payable by enicipal corporations, in cer

tain cases.

paid.

32. [SEC. 666.] The expenses of the inquest, with the Coroner's Expenses of in- fees, shall be paid by the parish, incorporated city or town within quest, etc., how which the inquest shall be held, when the Coroner shall make out an account of the expenses of the inquest, and certify under oath that the charges are no more than allowed by law; and in case the charges in the certified account exceed those allowed by law, he overcharging. shall be liable to the penalties of perjury.

Penalty for

1870-12-Extra session.

free schools

by this act.

PUBLIC SCHOOLS.

33. [SEC. 37.] There shall be no public free schools within the State, not under the control of the boards of school directors herein No other public provided for. The city of New Orleans and other incorporated than authorized cities or towns, as well as all parochial authorities, are prohibited from organizing or maintaining separate public schools from those organized under this law, and controlled by the boards created hereby. It shall not be competent for any municipal or parochial authority to levy or collect any tax or impost to sustain schools, not controlled by the boards acting under and by authority of this law.

1855-278.

not belonging

to persons re

siding in the

1. [SEC. 2474.] No neat cattle and hogs shall be brought within the limits of this State for the purpose of grazing or herding the Hogs and cattle same, unless such cattle and hogs are owned by some person or persons who are citizens of, or residents in, this State, or who are State or owning the owners or cultivators of a plantation or farm within the State, and all such neat cattle and hogs that may hereafter be brought into this State in violation of the provisions of this act, shall be forfeited to the parish in which the same may be kept for the purpose of grazing or herding.

plantations

therein, not to be grazed in this State.

Penalty.

Certain cattle

and hogs to be

sold to citizens

2. [SEC. 2475.] Any neat cattle and hogs that are now kept within the limits of this State for the purpose of grazing or herding, and that are not owned by any citizens or residents of this State, or forfeited unless who are the owners and cultivators of a plantation or farm within of this State, or persons owning the State, shall be forfeited to the parish in which they may be kept, property therein, within six unless the same shall be removed from the State, or sold to some months. person or persons who are citizens or residents of the State, or who are the owners and cultivators of a plantation or farm within the State, within the period of six months from the promulgation of this act.

pensation of

3. [SEC. 2476.] The District Attorney of each Judicial District, or the District Attorney pro tempore, of any parish, shall, upon being Duty and cominformed, by affidavit or otherwise, of any violation of this act, District Attor proceed, by information and other legal proceedings, to have the ney or District forfeiture of such neat cattle determined, and for which the District tempore. Attorney shall be entitled to one-fourth of the said forfeiture.

Attorney pro

Rules governnegotiable re

ing the issue of

ceipts.

1. [SEC. 2477.] No cotton press owner or lessee, wharfinger, or other person, shall issue any receipt or other voucher for any goods, 1868–193. wares, merchandise, grain, flour, or other produce or commodity to any person or persons, purporting to be the holder, owner or owners thereof, unless such goods, wares, merchandise, grain or other produce or commodity shall have been actually received into store or upon the premises of such cotton press, wharfinger or other person, and shall be in the store or on the premises, aforesaid, or under his control at the time of issuing such receipt.

only for articles in control.

2. [SEC. 2478.] No cotton press owner or lessee, wharfinger, or Receipts given other person, shall issue any receipt or other voucher upon any goods, wares, merchandise, grain, flour or other produce or commodity, to any person or persons, for money loaned or other indebtedness, unless such goods, wares, merchandise, grain, flour or other produce or commodity shall be, at the time of issuing such receipt, in the custody of such cotton press owner, or lessee, wharfinger, or other person, and shall be in store, or upon the premises and under his control, at the time of issuing such receipt or other voucher, as aforesaid.

Duplicate receipts.

required.

3. [SEC. 2479.] No cotton press owner or lessee, wharfinger, or other person, shall issue any second or duplicate receipt for any goods, wares, merchandise, grain, flour, or other produce or commodity, while any former receipt for any such goods, wares, merchandise, grain, flour, or other produce or commodity, as aforesaid, or any part thereof, shall be outstanding and uncanceled, without writing across the face of the same, "Duplicate."

4. [SEC. 2480.] No cotton press owner or lessee, wharfinger or Written release other person shall sell or incumber, ship, transfer, or in any manner remove or permit to be shipped, transferred or removed beyond his control, any goods, wares, merchandise, grain, flour, or other produce or commodity, for which a receipt shall have been given by him, as aforesaid, whether received for storing, shipping, grinding, manufacturing or other purpose, without the written assent of the person or persons holding such receipt.

Shipping receipts or bills of lading.

Holder of receipt to be deemed the owner of the merchandise.

5. [SEC. 2481.] No master, owner, or agent of any boat or vessel of any description, forwarder, or officer or agent of any railroad, transfer or transportation company, or other person, shall sign or give any bill of lading, receipt, or other voucher or document, for any merchandise or property by which it shall appear that such merchandise or property has been shipped on board of any boat, vessel, railroad car or other vehicle, unless the same shall have been actually shipped and put on board, and shall be, at the time, actually on board, or delivered to such boat, vessel, car, or other vehicle, to be carried or conveyed, as expressed in said bill of lading, receipt or voucher or document.

6. [SEC. 2482.] Cotton press receipts given for any goods, wares, merchandise, grain, flour or other produce or commodity stored or deposited with any cotton press, wharfinger or other person, or any bill of lading given by any forwarder, boat, vessel, railroad, transportation or transfer company, may be transferred by indorsement thereon, and any person to whom the same may be