land by any

party interested

of the State under such return of the collector, and shall recharge the collector with the taxes allowed thereon and costs, together with fifty per cent. damages, to be collected as any other tax for which such collector may be in default.

SEC. 258. If any person interested in any lot or lands forfeited Redemption of to the State shall, after the date of the collector's return, pay to the Treasurer of the State the taxes for which the same were returned, and all the taxes subsequently accrued on such land, and twentyfive per cent. damages thereon, and twenty-five per cent. additional for every year or part of year after one year, the Auditor upon proof thereof, shall execute and deliver to such person a certificate of redemption of the same, under the seal of his office, which shall be held and taken as evidence of the redemption of such lands; and the lands with the name of the person redeeming the same, and the amount paid, shall be entered on his record of the lands across the entry of the same; and the Auditor shall be entitled for each separate piece of property, from the owner thereof, for such certificate, to the sum of two dollars, and no more.

Annual sale of forfeited lands.

Recorder to re

lands.

SEC. 259. The Auditor shall, annually, on the first Monday in May, cause to be sold by the State collector of the parish or district in which the forfeited lands may be situated, for cash, to the highest bidder, all land forfeited to the State, which shall not have been redeemed within two years. The State collecter shall give thirty days' notice of all such sales by public auction in the official paper of the State, or in the official paper of the parish or district, when there is one, if not, then in some paper published in the parish or district, or where there is no newspaper, notice thereof is to be posted up at the courthouse of the parish. The money so collected shall be paid into the treasury as other taxes.

SEC. 260. It shall be the duty of the Auditor, annually, on or before the first day of June, to certify to the recorder, to whom the cord redeemed delinquent list may have been returned, a list of the lands in such parish or district, which have been redeemed during the preceding year, with the date of the redemption of each tract; and it shall thereupon be the duty of the recorder to enter the redemption so certified on the list of forfeited lands, deposited in his office opposite each tract so redeemed.

SEC. 261. The recorder shall be paid on the warrant of the AudiFees of recorder tor of Public Accounts at the rate of twenty cents per hundred words, for each delinquent list in full compensation.

Uncollectable

taxes.

Payment into

SEC. 262. Whenever any State collector shall make it appear to the satisfaction of the recorder of his parish, or in the city of New Orleans or parish of Orleans, right bank, or Jefferson, of the Auditor, that any person assessed for taxes within his parish or assessment district has become insolvent or left the parish without leaving sufficient property to pay his taxes, the parish recorder shall certity the same to the Auditor of Public Accounts, with the list of persons so taxed and the amount due, and for which amount the Auditor shall credit the collector.

SEC. 263. The several collectors of State taxes, in making their returns to the Auditor of Public Accounts, of money collected for State treasury. State taxes to be paid into the State Treasury, shall state in such return the amount collected for State taxes on lands and other objects for taxes levied for school purposes, and also the poll tax.

collectors in

SEC. 264. Within the first five days of every month it shall be the duty of tax collectors in and for the parish of Orleans and parish of Returns of tax Jefferson, to have their respective accounts settled for all taxes Orleans and collected or moneys received during the preceding month, and to Jefferson. pay the same over to the State Treasurer, and for that purpose the collectors shall make and transmit to the Auditor of Public Accounts a statement whether they have or have not collected any taxes or licenses within the preceding month; and, with an oath taken and subscribed, appended thereto, that the same contains a faithful account of all taxes collected and amount received, if any, from licenses to persons pursuing trades, professions, and occupations; and it shall be the duty of the several collectors of the State taxes in all other parishes of the State, to have their accounts settled, and to make a payment and statement in like manner, within the first five days of April, July and October, for all taxes collected and moneys received for licenses for the preceding term.

Penalty for

SEC. 265. If any collector shall fail or neglect to make settlement as provided for in this act, and to pay the amount due into the treasury, and obtain the Treasurer's receipt therefor, he shall forfeit neglect to make the commission allowed him by law, and interest at the rate of two return of taxes per cent. per month on the sum withheld, to be computed from the time the same ought to have been paid until actual payment, and the Auditor of Public Accounts shall charge such delinquent accordingly.

collected.

of

SEC. 266. The recorders of mortgages of the different parishes of this State are hereby authorized to cancel all bonds or mortgages registered against State tax collectors or assessors, upon the produc- Cancellation tion of a certificate from the Auditor of Public Accounts of their lectors. having paid into the State treasury all moneys collected by them, by virtue of their office aforesaid, and for the faithful collection whereof the bonds or mortgages, as the case may be, were given, or for the faithful performance of their duties as assessors, when certified by the Auditor that they have fulfilled said duties in accordance with law; Provided, That the Auditor shall not give a quietus to any collector until he is satisfied that the delinquent list returned is correct. SEC. 267. Whenever any person charged with the collection of parish taxes shall fail to pay over the taxes collected by him, within thirty days after being required to do so by the police jury, or other parochial authority, by a written demand served by any constable of Suit on bond of the parish, the police jury, or other parochial authority, shall have collectors. the right, on filing in the office of the clerk of the District Court, a certified copy of his bond, and the return of the constable, showing the demand made on him, to obtain from the clerk an execution against the collector for the amounts which he may have so collected and failed to pay over, which execution shall have the same force and effect as the distress warrant or execution, when issued by the Auditor, and any property sold under it shall be sold for cash, without the benefit of appraisement.

successors.

SEC. 268. All State collectors be and they are hereby required to turn over to their successors in office, in a reasonable time, to be collectors to allowed by the Auditor, a complete delinquent list of all taxpayers deliver bills to in their respective districts or parishes that have not paid their taxes. SEC. 269. For every infringement of this law, the party so offending shall be liable, for refusing to turn over his delinquent list, when Penalty for not required, to a fine of one thousand dollars, for which his bondsmen delivering deshall be liable; and for neglect or refusal to keep a correct list of all successor, etc.

linquent list to

On failure of

collectors their securities may collect,

Attempting to collect without

taxes paid, the Auditor shall be and he is hereby authorized to deduct one dollar for each name not properly credited, to be deducted from his fees of collection.

SEC. 270. In case of the death or absence of the State collectors, or tax collectors for the city and parish of Orleans, or of their failure, from any cause, to pay the taxes into the treasury at the period prescribed by law for their final settlement, their securities shall be authorized to take into possession the list of the taxes remaining unpaid, and collect the same, in the same manner as the collector could do, until his successor is appointed, when the securities shall make a final settlement with the Auditor, as provided in settlement of State collectors.

SEC. 271. Any State collector, collecting or attempting to collect any licenses or taxes in the name of the State of Louisiana, without being qualified. having duly qualified and given bond, in accordance with law, shall be subject to a fine of not less than one thousand dollars, nor more than five thousand dollars, and be imprisoned not less than two nor more than five years at hard labor. It shall be the duty of the Attorney General to prosecute all such cases, upon information from the Auditor, for which he shall receive a fee of fifty dollars, upon conviction.

Collectors to de

liver delinquent

lists to record

ers, etc.

SEC. 272. All outgoing State collectors shall hand over to the recorders of their respective parishes their delinquet lists of all unpaid taxes, as soon as they retire or are removed from the office of State collector; and all tax collectors for the city and parish of Orleans shall hand over their delinquent lists to the Auditor, and the recorder or Auditor shall thereupon hand over said rolls to the newly appointed State collector or duly elected tax collector, as the case may be, as soon as he is officially notified by the Auditor that said collector has been duly qualified, in accordance with law.

SEC. 273. In the city of New Orleans, all tax collectors, upon Delinquent lists retiring or removal from office, shall hand in their delinquent lists in New Orleans. to the Auditor, as follows: In the First and Second Districts, within fifteen days; in the Third and Fourth Districts, within ten days from the date of their removal or resignation, or expiration of their term of office, under a penalty of one thousand dollars.

Failure to comply.

Gambling houses.

All tax collectors failing to comply with this and the preceding section of this act, shall forfeit all commissions due them.

SEC. 274. There shall be levied and collected an annual amount, as license from the proprietor of every gambling house, five thousand dollars. The Auditor shall cause all such establishments violating this law to be closed up, until the law is complied with.

Auditor may appoint, with ap

57

1855-214.

Free banking authorized.

SEC. 275. Any person or association of persons, or corporation formed in compliance with the following provisions, may transact the business of banking in this State, and establish offices of discount, deposit and circulation for that purpose, upon the terms and conditions, and subject to all the liabilities and penalties herein described.

SEC. 276. Bankers and banking corporations, carrying on the Powers granted. business of banking, shall have power to discount bills, notes and other evidences of debt, to receive deposits, to buy and sell gold and silver bullion, foreign coins and bills of exchange, to lend money on real and personal security, and to exercise all incidental powers necessary to carry on the business; but the aggregate amount of the shall not be less capital stock of the banker or corporation shall not be less than one hundred thousand dollars.

Capital stock

than $100,000.

SEC. 277. Any person or persons, more than five, associating Number of per- themselves for the purpose of banking, may constitute themselves a sons necessary corporation, with power and authority:

for banking.

ing corpora

tions.

First. To have and enjoy succession by a corporate name, to be Powers of bank- selected by themselves, for a period that shall be expressed and limited in the articles of association, not exceeding twenty years, and by that corporate name to sue and be sued, plead and be impleaded, appear, answer and prosecute, in any and all courts of justice and elsewhere.

Second. To hold, receive, purchase and convey, by and under their corporate name, such property, real and personal, as may be indispensable to the objects of the association. The real estate which such corporation may lawfully purchase, hold and convey,

shall be:

I. Such as may be necessary for the proper transaction of their business;

II. Such as shall have been mortgaged to them in good faith as security for loans;

III. Such as shall have been conveyed to them in satisfaction of debts previously contracted bona fide in the course of their business; and

IV. Such as they may purchase at sales under judgments of mortgages held by themselves, or in which they may have an interest, by being subrogated to rights, according to article two thousand one hundred and fifty-seven of the Civil Code; but they shall not have power to hold any real estate, acquired in any way, except such as may be required for the transaction of their business, for a longer time than five years.

Third. To make and use a corporate seal, to be described in the articles of association.