and shall be liable to imprisonment for not more than three months and deprivation of his office of tutor.

15. [SEC. 3865.] When heirs of a succession hold property in common, and it is the wish of any one of them, or of a minor repreTutor or tutrix sented by his tutor or tutrix, to effect a partition on the advice of a

1869-207.

the representa

tive of minor in family meeting, duly convened according to law, to represent the

private sales.

1869-114.

Adjudication

in favor of minor to be recorded.

minor or minors, said property may be sold at private sale for its appraised value, said appraisement to be made and the terms of said sale to be fixed by the family meeting, and said proceedings to be homologated by the Judge of probate of the parish in which the said minor resides.

16. [SEC. 3870.] When mortgageable property has been adjudicated to either parent of the minor, the act of adjudication shall be recorded in the book of mortgages in the parish in which the property is situated, and it shall operate a mortgage and vendor's privilege; the amount of the value of the property, as stipulated in the act, shall operate a mortgage against such property in favor of the minor; and no such adjudication shall have any legal or binding effect until such record is made.

Election of

CONSTITUTIONAL PROVISION.

ART. 47. In the year in which a regular election for a Senator of the United States is to take place, the members of the General United States Assembly shall meet in the hall of the House of Representatives on the second Monday following the meeting of the General Assembly, and proceed to said election.

Senator.

July 25, 1866.
What Legisla

tures of States

and when to elect Senators in Congress.

AN ACT TO REGULATE THE TIMES AND MANNER OF HOLDING ELECTIONS FOR
SENATORS IN CONGRESS.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Legislature of each
State which shall be chosen next preceding the expiration of the
time for which any Senator was elected to represent the said State

tion.

in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress, in the place of such Senator so going out of office, in the following manner: Each House shall openly, by a viva voce vote of each member present, Mode of elecname one person for Senator in Congress from said State, and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each House, shall be entered on the journal of each House by the Clerk or Secretary thereof; but if either House shall fail to give such majority to any person on said day, that fact shall be entered on the journal. At twelve o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two Houses shall convene in joint assembly, and the journal of each House shall then be read, and if the same person shall have received a majority of all the votes in each House, such person shall be declared duly elected Senator to represent said State in the Congress of the United States; but if the same person shall not have received a majority of the votes in each House, or if either House shall have failed to take proceedings, as required by this act, the joint assembly shall then proceed to choose, by a viva voce vote of each member present, a person for the purpose aforesaid, and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both Houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day, during the session of the Legislature, and take at least one vote until a Senator shall be elected.

to fill a vacancy

SEC. 2. And be it further enacted, That whenever, on the meeting of the Legislature of any State, a vacancy shall exist in the repre- Proceedings to sentation of such State in the Senate of the United States, said elect a Senator Legislature shall proceed, on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy, in the manner hereinbefore provided for the election of a Senator for a full term; and if a vacancy shall happen during the session of the Legislature, then on the second Tuesday after the Legislature shall have been organized and shall have notice of such

vacancy.

ator to be certi

SEC. 3. And be it further enacted, That it shall be the duty of the Governor of the State from which any Senator shall have been Certificate of chosen, as aforesaid, to certify his election, under the seal of the election of SenState, to the President of the Senate of the United States, which certified to the Presficate shall be countersigned by the Secretary of State of the State. Senate. Approved July 25, 1866.

ident of the

1. [SEC. 3875.] Whenever any Senator in the Congress of the United States shall be chosen, copies of the resolutions of the Senate Credentials to and House of Representatives, testifying such choice, signed by the

1855-364.

be delivered to Senator elect.

Governor may fill vacancy in

President of the Senate and Speaker of the House of Representatives, shall be delivered to such person so chosen a Senator, as evidence of such choice.

2. [SEC. 3876.] Whenever a seat of a Senator shall become vacant during the recess of the Legislature, the Governor may a certain case. make a temporary appointment until the next meeting of the Legislature, which shall then fill such vacancy in the manner before mentioned.

1855-130. Definition of vagrants.

VAGRANTS AND SUSPICIOUS PERSONS.

1. [SEC. 3877.] All idle persons who, not having visible means to maintain themselves, live without employment; all persons wandering abroad and lodging in groceries, taverns, beer houses, market places, sheds, barns, uninhabited buildings, or in the open air, and not giving a good account of themselves; all persons wandering abroad and begging, or who go about from door to door, or place themselves in the streets, highways, passages, or other public places, to beg or receive alms; habitual drunkards who shall abandon, neglect or refuse to aid in the support of their families, and who may be complained of by their families, shall be deemed vagrants.

how dealt with.

2. [SEC. 3878.] It shall be the duty of any Sheriff, Constable, policeman, or other peace officer, whenever required by any person, Adult vagrants, 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.

grants, how

3. [SEC. 3879.] If any child shall be found begging for alms or soliciting charity from door to door, or in any street, highway or Juvenile va public place, such child shall be deemed a vagrant, and any Justice treated. of the Peace of the parish, or any one of the Recorders or Aldermen of the city of New Orleans, shall commit him to such place of refuge as may be provided by the parochial authorities, and, if in the city of New Orleans, to the House of Refuge of the city; and the child shall be there detained, kept, employed and instructed in such useful labor as he shall be able to perform, until discharged therefrom under the rules of the places of refuge, or bound out as an apprentice by the administrators of such places of refuge, or by the parochial authorities.

Who shall be bonds and sus

reputed vaga.

picious persons, shall be dealt

with.

4. [SEC. 3880.] All persons apprehended with any picklock or other instrument, with the probable intention to feloniously break and enter any dwelling house, or with any offensive weapon, with probable intention to feloniously assault any person, or who shall and how they be found in any dwelling house, out house, store, yard or garden, with probable intent to steal, shall be reputed vagabonds and suspicious persons, and shall, upon conviction, be punished with imprisonment, with or without hard labor, not exceeding three months. 5. [SEC. 3881.] All persons who shall be convicted a second time of any of the offenses mentioned in the preceding section, Second offense, how punished. shall be condemned to imprisonment at hard labor for not more than three years, nor less than six months.

Penalty for harboring vagrants.

6. [SEC. 3882.] All persons harboring vagrants or suspicious persons, knowing them to be such, shall, upon conviction, be fined in a sum not exceeding five hundred dollars nor less than one hundred dollars.

1869-87. Defining va grancy.

Examination and trial of vagrants.

vagrants.

VAGRANTS IN THE METROPOLITAN POLICE DISTRICT.

7. [SEC. 3883.] All idle persons who, not having visible means to maintain themselves, apprehended with any picklock or other instrument, with the probable intention to feloniously break in and enter any dwelling house, shop, store, office, church, courthouse, outhouse appurtenant to a dwelling house, yard or garden, or with any offensive weapon, with probable intention to feloniously assault any person, or who shall be found in any dwelling house, shop, store, office, church, courthouse, outhouse appurtenant to a dwelling house, yard or garden, with probable intent to steal or commit any crime or felony, shall be deemed vagrants.

8. [SEC. 3884.] It shall be the duty of any Sheriff, Constable, policeman or other peace officer, whenever required by any person, to carry such vagrant before the Board of Metropolitan Police, or any Commissioner of the said Board of Metropolitan Police, at such place to be designated by the said Board, to be examined whether or not there is sufficient ground for such arrest. If the arrest is improper and not justified, the prisoner shall be released and set at liberty immediately. If, after a brief and summary examination, which shall take place within twenty-four hours from such arrest (Sundays and holidays not included), it appears that the arrest was made on sufficient grounds, it shall be the duty of said Board, or of said Commissioner detailed by said Board, to designate a Justice of the Peace in the Metropolitan Police District, or Recorder of the city of New Orleans, before whom the party charged with vagrancy shall be forthwith sent for examination and trial, which shall take place within forty-eight hours, to begin from the time the prisoner and papers were receipted for by said Justice of the Peace or Recorder.

9. [SEC. 3885.] If, after trial, the Justice of the Peace or ReConviction and corder be satisfied, by the confession of the offender or by competent commitment of testimony, that such person is a vagrant within the description aforesaid, he shall make up and sign a record of conviction thereof, which shall be filed in the office of the Board of Metropolitan Police, and the said Justice or Recorder shall issue a warrant to commit such vagrant to the Workhouse of the city for any time not exceeding six months, there to be kept at hard labor; or if such vagrant