e ect a Senator to fill a vacancy.

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.

SEC. 2. And be it further enacted, That whenever, on the meeting Proceedings to of the Legislature of any State, a vacancy shall exist in the representation of such State in the Senate of the United States, said 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 herein before 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.

Certificate of

election of Sen

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 ator t be certi- chosen as aforesaid to certify his election, under the seal of the fed to the Pres- State, to the President of the Senate of the United States, which certificate shall be countersigned by the Secretary of State of the State.

dent of the

Sena.e.

Credentials.

Approved July 25, 1866.

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

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

fill vacancy in a certain case.

grants,

SEC. 3877. All idle persons who, not having visible means to maintain themselves, live without employment; all persons wander- 1855-190. ing abroad and lodging in groceries, taverns, beer houses, market Definition of va 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.

SEC. 3878. It shall be the duty of any sheriff, constable, policeman, or other peace officer, whenever required by any person, to Adult vagrants, 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 discription 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.

treated

SEC. 3879. If any child shall be found begging for alms or soliciting charity from door to door, or in any street, highway or Juveni'e va public place, such child shall be deemed a vagrant, and any justice how 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

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 pici us per us, probable intention to feloniously assault any person, or who shall

r.puted vaga

bo ds and sus

and ho they

shai be dealt

with.

Second offense, how punished.

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. SEC. 3881. All persons who shall be convicted a second time of any of the offenses mentioned in the preceding section, shall be condemned to imprisonment at hard labor for not more than three years, nor less than six months.

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

1869 $7.

D fining va granicy.

Examination

grants.

VAGRANTS IN THE METROPOLITAN POLICE DISTRICT.

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, out house 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, out house appurtenant to a dwelling house, yard or garden, with probable intent to steal or commit any crime or felony, shall be deemed vagrants.

SEC. 3884. It shall be the duty of any sheriff, constable, policeman or other peace officer, whenever required by any person, to and tri-l of va 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.

Conviction and

vagrauts,

SEC. 3885. If, after trial, the justice of the peace or recorder be satisfied, by the confession of the offender or by competent testicommitment of mony, 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 be a proper object of charity, to some place of refuge to be provided by

the Common Council of the city of New Orleans. The cost for maintaining such vagrants, arrested on the right bank of the Missis- Expenses. sippi river, or other parts of the Metropolitan Police District, shall be charged to the police juries of the parishes of Orleans (right bank), Jefferson and St. Bernard, and to the cities of Carrollton and Jefferson, respectively, and reimbursed by them to the city of New Orleans.

SEC. 3886. All vagrants apprehended with any picklock or other instrument, with the probable intention to feloniously break in and Jury trial. 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, out house appurtenant to a dwelling house, yard or garden, with probable intent to steal or coinmit any crime or felony, shall be sent before a court of competent jurisdiction, and, upon conviction by the verdict of a jury, shall be punished with imprisonment, with or without hard labor, for a period not exceeding two years.

trial by jury.

SEC. 3887. Any person arrested under the provisions of this act shall have the right to a trial by jury before any court of competent When may claim jurisdiction; Provided such right is claimed before sentence by the recorder or justice of the peace before whom the examination shall take place, and it shall then be the duty of said recorder or justice of the peace to commit the prisoner to such court of competent jurisdiction, to be tried by a jury; and, upon conviction, all vagrants or persons who do not belong to that class described in and to be punished by section three thousand eight hundred and eighty-six of this act, shall be punished with imprisonment in the workhouse, in the city of New Orleans, for a period not exceeding one year; and if such vagrant be a proper object of charity, he shall be sent to some place of refuge to be provided by the Common Council of New Orleans.

SEC. 3888. All persons condemned and sentenced by virtue of Release of this act, without a verdict of jury, may be released by the Board of vagrants. Metropolitan Police in the following cases only:

First-If the vagrant belongs to any other parish of the State, Belonging to and the police jury or any municipal corporation of said parish another parish. recommends and claims his release.

Second-If he is from any other State, and his release is recom- Resident of mended and claimed by the city, town or county to which he another State. belongs.

Third-If he is a foreigner, and the Consul or Consular Agent of when a his nation recommends and claims his release upon the assurance foreigner. that he shall leave and not return to the State of Louisiana.

Fourth-If the Board of Metropolitan Police have reasons to presume that the vagrant is repentant and will demean and behave When repentant himself as an unoffending aud law abiding person, and is claimed and vouched for by two responsible citizens and property holders of the Metropolitan Police District that they will furnish said vagrant with permanent employment or work.

boring vagrants,

SEC. 3889. All persons harboring vagrants, knowing them to be such, shall, upon conviction, be fined in a sum not exceeding one Penalty for her hundred dollars nor less than fifty dollars, recoverable in the name and by the Board of Metropolitan Police, before any recorder or justice of the peace as aforesaid.

1867-205.

Person committed o the

SEC. 3890. The City Council of New Orleans is hereby authorized and empowered to compel all vagrants and suspicious persons who may hereafter be committed to the workhouse of said city, Workhous to be under existing laws, to do any public work within the corporate limits of said city, that said City Council may order, and under such regulations as they may ordain, and for a time not to exceed the term of their commitments.

employed on public works.

1868-182.

Change of venue on the part of the State.

CHANGE OF VENUE IN CRIMINAL CASES.

SEC. 3891. Upon the application of the Attorney General or any district attorney or district attorney pro tempore of this State, the judge shall, in any criminal prosecution, change the venue in behalf of the State, and the judge of any court exercising criminal jurisdiction of this State, shall, of his own accord, have full power to change the venue in any criminal prosecution, when, in his judgment, a competent jury of the parish can not be had, and in either case the venue shall be changed to any parish in that or any adjoining district where, in the opinion of the judge, a competent jury is likely to be obtained.