parish; the same to be collected, as other parish taxes, and under the same rules and regulations. The tax so collected shall be paid over by the Tax Collectors in the following manner, to wit: The amount of tax collected in any parish from property situated within the limits of a corporation, for which a separate Board of School Directors have been appointed, shall be paid to the Treasurer of said Board of School Directors. The amount of tax, collected from other property in the parish, shall be paid to the Treasurer of the Parish. Board of School Directors. The funds so realized shall be apportioned by the Board of Parish School Directors among the several Boards of District School Directors in proportion to the number of persons between the ages of six and twenty-one years within their respective districts.

free schools

than authorized

by this act.

[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 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.

70. [SEC. 3063,] The Police Juries shall have power to enact ordinances and regulations, not inconsistent with the laws and Con- 1835–162–5. stitution of the United States, or of this State, to protect their respective parishes against the introduction of all and every kind of tions. contagious or epidemical disease.

each

Police Juries may make quarantine regula

session.

required to prothe original

cure a map of the parish from

United States

surveys.

71. [SEC. 34.] To enable the Collectors of the different parishes, other than the parish of Orleans, to list the lands not included 1870–126, extra within the limits of any incorporated town or village, as required by Police Juries this act, it is hereby made the duty of the Police Jury of parish to procure, at the expense of the parishes, respectively, from the original records of the United States surveys, a correct map, properly authenticated, of each and every township, and part of a township, contained in each parish, with approved field notes of the same, duly certified by the proper officer. Said map and field notes shall be bound in a substantial volume, and shall be deposited with the Recorder of the proper parish, and be accessible to the Parish Surveyor, when called upon to make surveys, as well as to the Tax Collector, when preparing his descriptive rolls for the assessment of taxes.

1870-145.

Ballot boxes,

nished.

72. [SEC. 22.] The Police Jury of each parish in the State, except the parish of Orleans, shall furnish to the Supervisor of

by whom fur. Registration as many ballot boxes as may be requisite for the holding of all elections in the parish, and in the parish of Orleans it shall be the duty of the Common Council of the city of New Orleans to furnish the Supervisor of Registration as many ballot boxes as may be necessary for the holding of all elections in the parish.

One for each poll.

1868-207.

Penalty for refusing to attend as juryman on Coroner's jury.

Expense of post

mortem examinations payable by parish or municipal corporation.

Expenses of inquest, how paid.

73. [SEC. 23.] It shall be the duty of the Supervisor of Registration of each parish to provide, for each election poll or voting place within the parish, one suitable ballot box, at the expense of the parish, if not furnished by the parish.

74. [SEC. 658.] If any person, summoned as a juror, shall fail to appear, without reasonable excuse therefor, he shall forfeit the sum of twenty-five dollars. All forfeitures under this section in New Orleans and Jefferson may be recovered, for the benefit of the Charity Hospital of New Orleans, by suit to be brought by the Administrators of the Hospital. In the country parishes, all forfeitures, recovered under this section, shall be deposited in the parish treasury and for the use of said parishes; suit to be brought before a Justice of the Peace in the name of the Police Jury thereof.

75. [SEC. 660.] The Coroner may summon witnesses at such time and place as he shall direct; the persons summoned shall, for non-attendance or refusal to testify, be subject to the same penalties, to be expressed in the summons, as if 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 inquests shall be held.

76. [SEC. 666.] The expenses of the inquest, with the Coroner's fees, shall be paid by the parish, incorporated city or town, within 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 shall be liable to the penalties of perjury.

77. [SEC. 4.] The officer ordered by the Governor to make the 1870-94, extra arrest, as required by this act, shall be entitled to the same mileage as is allowed Sheriffs when engaged in making arrests, and the further sum of five dollars per day whilst so actually engaged; and

session.

acting under

the special warernor in the ar

rant of the Gov

rest of persons

Payable by Par

on warrant of

Clerk of the

Police Jury.

each person, summoned as a member of a posse comitatus by such Fees of officers officer, shall receive two dollars per day whilst actually engaged as such; such mileage and per diem to be paid by the parish in which the offense was committed, on the warrant of the Clerk of the Police charged with high crimes. Jury, issued on, and in accordance with, the certificate of the officer ordered to make the arrest, sworn to by him to be correct and in ish Treasurer strict accordance with this act, and also attested by the oath of the person entitled to the pay that the same is correct, which certificates shall be received in payment of all parish taxes of the parish liable to pay the same; and the Clerk of the Police Jury of any parish, who shall fail or refuse to issue such warrants, when the forms of law have been complied with, as above required, authorizing the issue of such warrants, shall be liable as such officer, individually, as well as his sureties on his official bond, in the sum of one hundred dollars for each case of refusal, to be collected at the suit of the person entitled to the pay, whose application he refused, one-half to go to the plaintiff and the other half to the school fund of the parish.

Penalty against

Clerk for rewarrants.

fusal to issue

of offender.

the prisoner at

the parish from

sent.

78. [SEC. 5.] The officer directed to make the arrest, in accordance with the requirements of this act, shall be responsible for the Safe keeping safe keeping of the prisoner or prisoners until the sentence of the examining court is complied with, and he shall have the use of any jail in the State to enable him to do so; provided, that after the sentence of the examining court, if the accused is required to be kept in jail, the jail of the parish in which the offense was committed shall be used therefor, unless it is unsafe, or there be none in such Maintenance of parish; then any other safe jail may be used, the parish in which the expense of the offense was committed to pay the expense of guarding and which he was maintaining the prisoner in any parish to which he may be conveyed. 79. [SEC. 1777.] The Sheriff of East Feliciana, or his Deputy, shall, within reasonable delay, convey said person feigning insanity, 1861-217. to the parish of his domicile, for which duty the Sheriff shall have the right to demand the same fees which are now allowed by law for the of convicts to the Penitentiary of the State, which conveyance shall be paid out of the parish treasury, on the order of the President of the Police Jury of the parish of the domicile of the person rejected by the Board of Administrators, or the proper authority in the parish of Orleans.

President of

Police Jury to of Sheriff's exturning persons feigning insanity to the parish

order payment

penses for re

of their resi

dence.

80. [SEC. 2018.] The Police Jury of each parish, or any officer or officers that may hereafter exercise the proper authority in any 1868–60. parish, shall designate the house, room or place of holding the The place for Parish Courts, and if the same place should also be designated for court to be dethe holding of the District Court, in the event of the sessions of the lice Jury, etc.

holding the

signated by Po

1868-8.

Parochial print

ing and advertising to be done by the official journal.

1870-161.

fees.

two courts coming on at the same time or running into each other, the District Court shall have preference, and the Parish Court shall give way to the District Court, except in the parish of Jefferson, in which parish the Parish Court shall be held in the courthouse, in a separate room from the District Court.

81. [SEC. 3000.] In any of the parishes of this State other than the parish of Orleans, the Governor, Lieutenant Governor and Speaker, etc., or a majority of them, shall also select and contract with journals published in such parishes to publish either the laws of the State or the journals of the General Assembly, or both, as may be deemed necessary and proper, and also be and hereby are empowered to designate certain journals to perform and publish the parochial and judicial printing and advertising of the parishes respectively in which such journals may be published. In case no paper is published in any parish in this State, such publication may be authorized to be made in a paper published nearest thereto. Such selection and contract shall be for the same period prescribed by section two thousand nine hundred and eighty-seven of this act. Each paper, so contracted with, shall be the official journal of the parish wherein it shall be published, and all parochial and judicial printing and advertising for or in said parish shall be done by and published in said journal, and after such selection and contract and notice thereof to the Police Jury, Clerk of Court, and Sheriff of said parish, every publication and advertisement in any other paper than the one so selected shall, during the term of such selection and contract, be null and void for any legal purpose.

82. [SEC. 12.] If any Clerk, Sheriff, Recorder or Notary Public in the State shall presume to demand and collect any other or Penalty for de- greater fees than are particularly and specially herein set forth, he manding illegal shall be deemed guilty of a misdemeaner, and, on conviction thereof, his office, from the date of conviction, shall be deemed vacant, ipso facto, and be filled as provided by law for filling vacancies in such office; and he shall be decreed, in addition, to refund any amount he may have collected in excess of his legal fees, and be further fined in the sum of not less than fifty nor more than one hundred dollars for each overcharge, at the discretion of the court, for the use of the parish. This fine may be sued for by the Police Jury of the sued for by Po parish, or any person aggrieved, for the use of the parish, independ

Penalty may

lice Jury.

be

ent of the prosecution for misdemeanor, in any court having jurisdiction; but the fine shall not be assessed but once in each case, and the civil suit shall not bar the criminal proceeding provided for in

this section.

Absentees and

placed upon the

residents.

1. [SEC. 2810.] The laws of prescription now existing, whereby absentees and non-residents of the State are entitled to longer 1848-60. periods than persons present or residents in the State, before pre- non-residents scription can be acquired against them, are abolished; and hereafter me footing as absentees and non-residents of the State are to stand on the same footing in relation to the laws of prescription, as persons present or residents of the State; provided, that this section shall not apply to any prescription of one year or less.

Limitation of

which proseси

tion may be

carried on.

2. [SEC. 2814.] No person shall be prosecuted, tried or punished for any offense, willful murder, arson, robbery, forgery and counter- 1855–151. feiting excepted, unless the indictment or presentment for the same time within be found or exhibited within one year next after the offense shall have been made known to a public officer having the power to direct the investigation or prosecution. Nor shall any person be prosecuted for any fine or forfeiture, under any law of this State, unless the prosecution for the same shall be instituted within six months from the time of incurring such a fine or forfeiture. Nothing herein contained shall extend to any person absconding or fleeing from justice.

3. [SEC. 2816.] The Sheriffs and their securities shall be able to prescribe against their acts of misfeasance, non-feasance, costs, 1855-366. offenses, and quasi offenses, after the lapse of two years from the day of the omission or commission of the acts complained of.

Prescription in

favor of Sheriff's and securities.