cer executing the writ. the notices mentioned in section three thousand six hundred and twenty-six, and shall also cause to be recorded, in the office of the recorder of mortgages of the parish where the property may be situated, another of said notices. SEC. 3628. So soon as said notices shall have been recorded, as Duty of the off- provided for in the three thousand six hundred and twenty-seventh section of this act, the sheriff or officer shall enter upon a book in his office, to be known as the "Seizure Book," the description given of the property seized, together v. ith the day and hour of its recordation in the office of the recorder of mortgages, and shall, upon the notice remaining in his hand, make due return of the service and date and hour of its recordation. SEC. 3629. The recording of the description and notice menEffect of record- tioned in the three thousand six hundred and twenty-seventh section, ing notice. shall be deemed and considered as the seizure and possession by the sheriff of the property therein described, and it shall be unnecessary to appoint a keeper thereof. Fees of record 1g, how and by whom paid. 1868-114. of sheriff or SEC. 3630. The fee of the recorder of mortgages, for recording the notice delivered to him by the sheriff, shall be one dollar for each notice, to be paid by the sheriff, and the sheriff shall not be obliged to make any seizure, in the manner prescribed by this act, unless the plaintiff advances to him, in cash, the sum of one dollar, which is to be taxed as part of the costs of suit, and the sheriff shall also be entitled to a fee of fifty cents for each seizure recorded in the seizure book kept in his office. SEC. 3631. The sheriff of the parish of Orleans, or any of his lawful deputies, or any constable of said parish, shall serve all Fees for services notices, subpenas, attachments, or other process, herein authorized to be issued, who shall make due return of the mode and manner of service to the commissioner who issued it, and for which he shall be entitled to demand and receive the following fees, and no more> For serving each notice or subpena, fifty cents. constable. 1869-18. or their nomi For serving each attachment, one dollar. SEC. 3632. In all cases in the parishes of Orleans and Jefferson of property seized under execution, or in pursuance of an order of Parties to suits court, where, under existing laws, an appraisement is required prenees may be ap- vious to sale, it shall be sufficient that the plaintiff in the suit shall praisers sheriff be one appraiser, the defendant another, or such person as the plainto be umpire- tiff or defendant may designate; and in the event of their disagree or auctioneer no appraiser's fee allowed. In succession trator, etc., and auctioneer um allowed apprai sers. ment, the sheriff or auctioneer making the sale shall constitute the umpire; whose decision shall be final, and no fees shall be allowed to any officer or other person for appraising property. SEC. 3633. In all cases where property belonging to succession is to be sold in pursuance of an order of court, where appraisements sales adminis- are required previous to sale, it shall be sufficient that the adminiscreditor appra trator, executor, tutor, or other person representing the succession, sers-sheriff or shall constitute and be one appraiser, and the creditor on whose pire-no fees application the property is sold, or one of the heirs, if sold to effect a partition, shall be and constitute the other, and the sheriff or auctioneer making the sale shall be the umpire, whose decision shall be final, and no fees whatever shall be allowed any of the aforementioned persons, or to any persons whatever for appraising property; SEC. 3634. In the event there are several plaintiffs or several parties, court to defendants, several creditors or several heirs, as aforesaid, then the court shall designate which one of the respective parties shall be parties agree, and constitute one appraiser and which one the other, unless the When several designate ap Fraisers unless property to be parties agree among themselves by whom they shall be represented; Appraisers not and in the event any party shall neglect or refuse to qualify under ing the provisions of this act, then the property to be sold shall be sold sold without without any appraisement whatever. SHERIFFS IN METROPOLITAN POLICE DISTRICT. appraisement. SEC. 3635. The right of the sheriffs of the parishes of Orleans, Jefferson and St. Bernard to appoint or qualify deputies shall be 1868-232. restricted to the number necessary to execute the process of the Restriction of right to appoint courts and to do and perform all such duties as may be required by deputies. law, necessary for the faithful administration of justice in the respective parishes. Police. SEC. 3636. Whenever it becomes necessary in either of the parishes of Orleans, Jefferson or St. Bernard for the sheriffs, or either Sh riffs must apply to Board of them, in the execution of any legal process or warrant within of Metropolitan their jurisdiction to obtain additional force to enable them to do so, they shall make application in writing to the Board of Metropolitan Police, who shall immediately instruct the Superintendent of Metropolitan Police to give to the sher.ff applying for the necessary assistance to enable him to execute the process. nish to Metropo.itan Ponce depaties. SEC. 3637. It is hereby made the duty of the sheriffs of the parishes of Orleans, Jefferson and St. Bernard, within five days after Sheriffs to furthe passage of this act, to furnish the Board of Metropolitan Police with a list of the names of all the deputies in their employ, together Board a list of with a statement of the duties they perform; and thereafter whenever either of said sheriffs shall make an appointment of a deputy, he shall, before the deputy enters upon the discharge of his duties, make like report to the Board of Metropolitan Police. tion or tumult SEC. 3638. Upon all occasions of emergency or apprehension of riot, tumult, mob, insurrection, or pestilence, all power and authority & lice powers in shall be vested in and exercised exclusively by the Metropolitan Police case of insurrec Board; and on days of election they shall exercise exclusive control, make all rules and regulations for the preservation of order at the polls, and enforce the same through the agency of the Metropolitan Police force; and it is hereby declared to be a misdemeanor for any sheriff or deputy, in either of the parishes of Orleans, Jefferson or St. Bernard to do any act or exercise any authority by virtue of any appointment or commission as sheriff or deputy, prohibited by this act; and any sheriff or deputy so offending shall, on conviction, suffer the penalties prescribed in section twenty-six of an act entitled "An Act to create a Metropolitan Police District," approved September fourteen, eighteen hundred and sixty-eight. SEC. 3639. It shall be the duty of any sheriff, constable, policeman, or other peace officer, whenever required by any person to 1869–67. carry such vagrant before the Board of Metropolitan Police, or any Examination commissioner of the said Board of Metropolitan Police, at such trial of vagrants 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. SLANDER AND LIBEL. 1855-894. The truth may SEC. 3640. Whenever any civil suit for slander, defamation, or for a libel, shall be instituted in any court of this State, it shall be be plead in ju lawful for the defendant to plead in justification the truth of the tification in an slanderous, defamatory or libelous words or matter, for the uttering slander or libel. or publishing of which he may be sued; and in the trial of the issue in cuch suit, to maintain and prove his said plea by all legal evidence. acti: for SEC. 3641. In all prosecutions for libel, the truth may be given In prosecutions in evidence; and if it shall appear that the matter charged as libelous is, and was published with good motives and for justifiable ends, the party shall be acquitted. for libel the truth may be given in evi. dence. 1855-121. Attorneys liable for slanderous words. 1855-130. Penalty. SEC. 3642. No client or other person shall be held liable or responsible for any slanderous or libelous words uttered by his attorney at law, but attorneys shall be themselves liable and sible for any slanderous or libelous words ut ered by them. respon SEC. 3643. Whoever shall maliciously defame any person by making, writing, publishing, or causing to be published, any manner of libel, shall, on conviction thereof, suffer fine and imprisonment, or both, at the discretion of the court. STATISTICS. SECTION. Statistics to be published.........3644 Appointment of an engineer......3646 SECTION. Terms of compensation.. .3647 1829-106. Statistics to be SEC. 3644. It shall be the duty of the Commissioners of Emi published. gration to collect and have published, in English, French and to mae cun German, and such other languages as they may think proper, statistical information setting forth the aims of the commission, and the advantages of soil, climate and productions, which Louisiana presents to the enterprising emigrant; to assist any and all emigrants from foreign countries who may desire to settle in Louisiana, by giving counsel and information in making contracts for public means Commissioners of transportation, to bring to New Orleans, at the lowest rates of tracts, etc. passage possible, such emigrants as may elect to come to said port, and to make arrangements with steamboats, railroads, and other public means of transportation to convey emigrants who may elect to settle in Louisiana, to their place of destination in a comfortable manner and at the least expense possible; to use every effort to inform, advise and assist emigrants; to visit and examine all vessels landing at the port of New Orleans which have emigrants on board, and to make a register of such emigrants, showing names, ages, Register of emiplaces of birth, sex, profession, trade, destination, which register shall be filed in their office; to make a report annually to the Gen- Annual report. eral Assembly of the State of the number of emigrants who have arrived, with a tabular statement showing ages, places of birth, sex, trade, profession and destination of all emigrants who may have arrived during the year at the port of New Orleans, together with such information and recommendations as in their opinion may promote emigration to the State of Louisiana, together with a full statement of the expenses and operation of the commission; Provided, Nothing in this section shall be so construed as to make the State liable for the passage money of any emigrant coming into this State or going into the interior. grants. tion of statistics SEC. 3645. It shall be the duty of the Commissioner of Emigration to cause the preparation of a map of the State, showing the Annual publica usual features of a geographical map, geological formations, iso- frg neral i thermal lines and zones of the leading staples and most important formation. agricultural products; they shall annually collect and annually publish a volume of such statistics of the agricultural, mineral and geological products, commerce, climatology, health, schools, charitable institutions, railroads, canals, finances, social relations, crimes, etc., of this State, as they the said commissioners may deem best suited to inform the people of this and of other States of the resources of Louisiana, and contribute thereby to the growth and prosperity of the State. SEC. 3646. The Governor is hereby authorized to appoint a special engineer, whose duty it shall be, under his direction, to compile a 1868–226. geographical, historical and statistical map of the State; said map Appointment of not to be less than five feet by three feet in size, to contain such information as the Governor in his judgment may direct, and before publication to receive his sanction and autographic approval. an engineer. SEC. 3647. The special engineer thus created shall receive no regular salary or compensation for his services, but shall be bound Terms of comby the terms hereinafter to be made as a part of the provisions of this act. pe..sation. SEC. 3648. The copyright of said map shall be vested in the especial engineer, and he shall receive from the State, on the com- Engineer to pospletion of the work, the sum of twenty dollars per copy for each sess copyright. map, to be furnished as per schedule to follow, and for the purpose of aiding in the expenses of engraving and publication. But the said engineer shall be required to enter into good and acceptable bond and security, in the full sum received, for the delivery to the Number of copies ordered by the State and compensation therefor. parish officers. State, without further compensation than that which is hereinbefore and hereinafter provided and for the use and benefit of the State, of such number of the copies of said map as will carry out the following schedule for distribution, viz: the Secretary of State, to whom the maps will be delivered, shall cause three copies to be furnished to each parish in the State, to become the property of said parish, and for use respectively in such offices as the parish authorities may direct; also shall furnish one hundred copies to the Superintendent of Public Education, to be distributed to the different public schools throughout the State as the Superintendent may order and direct. He shall also supply the different State offices at the capital each with a copy, and shall be furnished such additional copies as will enable the Governor to exchange for maps of the other States and Territories of the United States, and maps so received in exchange shall become a part of the property of the State Library. SEC. 3649. It shall be the duty of the different parish officers Assistance from throughout the State to afford said engineer every facility for obtaining such information as he may require in compilation of said work. SEC. 3650. On the completion of the work, the Governor shall Manner of pay. authorize the Auditor to issue his warrant for the sum to be received under the provisions of this act. ment. STEAMBOATS, VESSELS AND OTHER WATER CRAFT. SECTION. SECTION. Penalties in case of accidents.....3651 Jurisdiction for the trial of persons without notice.................3653 Proviso.... .3655 ..3655 .3663 .3664 accused Penalty for interfering by intimidation or threats with the crew of any steamboat, or with persons desiring to sh p on any steamboat...... Penalty against persons for leaving a steamboat before complying with engagement..... .......3665 Seamen's baggage, tools, etc., not liable to be retained for boarding and lodging.. ...3606 |