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SEC. 379. All bonds given by said assessors and tax collectors shall operate as a legal mortgage on all the real estate of each of Bond amortsaid assessors and tax collectors in favor of the State for the gage. amount of their several bonds; and shall be conditioned for the faithful performance of their duties, as assessors or tax collectors, and for the just and full payment of all sums of money into the State treasury that may come into their possession as tax collectors aforesaid.

bond vacates

office.

SEC. 380. In case any State collector, assessor or tax collector shall fail, refuse, or neglect to give bond and security, as above Failure to give required, within thirty days after date of his appointment, his office shall be deemed vacant, and such vacancy shall be filled by the Governor, by and with the advice and consent of the Senate, if the Senate be in session; if not, then the appointment to continue until the adjournment of the next meeting of the General Assembly, or until his successor is appointed and qualified, but such an appointment shall not exonerate the assessor or collector failing to qualify from any liabilities incurred by him.

SEC. 381. Every State collector, assessor and tax collector shall, before entering upon the duties of his office, take and subscribe Oath of office. the oath of office prescribed by the constitution and laws of this State, and file the same with the Auditor of Public Accounts.

recognize tax

SEC. 382. The Auditor of Public Accounts shall not recognize Auditor not to any State collector, assessor, or tax collector until his bond and collectors or asoath of office are filed in the Auditor's office, and his bond recorded sessors until in the mortgage office of the parish for which he is appointed.

bond filed.

BRANDS AND MARKS OF ANIMALS,

for recording

brands.

SEC. 383. It shall be the duty of the recorders of the several 1855-39. parishes of this State to keep a book for the purpose of recording Parish recorder therein the brands and marks of animals, and upon the request of to keep a book any person owning cattle or other animals in his parish, to inscribe marks and in the book the brands and marks used by such person. SEC. 384. It shall be his duty, in case there shall be the same Duty of recorder brands or marks belonging to different persons, to give notice to to notify them immediately of the date of recording of each, and the person Brands alike." whose brand or mark shall have been first recorded shall have the right to the same without alteration.

persons having

SEC. 385. The recorder shall be entitled to demand and receive twenty-five cents for each and every brand and mark, or brand or Recorder's fees. mark alone, when only one is used; and whenever a certificate of the recorder is required, he shall be entitled to demand and receive twenty-five cents for the same.

These provisions shall not be so construed as in any manner to interfere with the central office for the recording of marks and brands for certain parishes, heretofore established at Vermilionville, in the parish of Lafayette.

CEMETERY.

1855 -118.

Cemeteries ex

empt from taxation and from

seizure and sale

for debt.

prescribe the

burial lots, etc.

SEC. 386. All public cemeteries for the purpose of interment, with the monuments erected thereon, whether owned by religious or charitable corporations or associations, by municipal corporations or by individuals, shall be forever exempt from taxation and from seizure and sale for debt, and shall never be susceptible of mortgage, whether legal or conventional.

SEC. 387. All religious denominations and congregations of this The proprietors State, and all other associations which now own, or may hereafter of cemeteries to own, any portion of land destined as a place for the interment of the mode of selling dead, shall have the right to sell, convey and transfer such parts, fractions, or lots of the same, as may be necessary and proper for interments; the acts of sale, conveyance and transfer shall be passed under such form as may be prescribed by the by-laws or special resolutions of the religious denominations and congregations or other associations.

Sale of burial

recorded.

Acts of sale so made shall be equally authentic and impart full proof as if they had been passed before a notary public and two lots need not be witnesses. It shall not be necessary to record them in any public office, nor shall it be lawful for the recorder of mortgages in any city or parish of this State, to record or certify the existence of any privilege or mortgage bearing on said lots. The lots shall be forever free from taxation and from seizure, attachment or sequestration for debts of any owner, whether belonging to the succession of deceased persons, or to surviving friends.

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trators to be

SEC. 388. Within twenty days after the meeting of the General Assembly each year, the Governor shall nominate, and, with the 1855-203. advice and consent of the Senate, appoint eight administrators of Eight administhe Charity Hospital at New Orleans, who, together with the Gov-appointed annuernor of the State, shall compose the board of administrators. The ally by the Governor shall be in perpetuity president of the board. They shall at their first meeting elect a vice president, who shall perform the The Governor to duties of president in his absence. A quorum for the transaction of be President of business shall be four administrators, who shall have power to elect,

Governor.

the board.

in the absence of the president and vice president, a president pro Vice President. tempore. They shall assemble on the first Monday of each month,

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and oftener if the president thinks fit or business requires it.

SEC. 389. They shall have full power and authority to manage

and administer the Hospital, to repair and improve its property, of Their powers. whatever nature it may be, to rent and lease the same, and to enter into any kind of contracts (sales of real estate excepted), to accept, in behalf of the Hospital, all donations and legacies, also to sue and implead and to be impleaded, in all affairs and actions whatever, before any of the courts of the State.

SEC. 390. They shall have the power to order, establish, alter and put into execution all by-laws and ordinances which they think best Their powers. suited to the interest and better regulation of the Hospital, if such by-laws and ordinances be not contrary to the laws of this State, to the constitution of the United States, nor to the police ordinances of the corporation of New Orleans; and to appoint the several persons they may judge necessary for the service of the Hospital. At each monthly meeting they shall designate two of their own members, whose duty it shall be, either jointly or separately to visit the Hospital at least twice in every week, to inspect the service of the same, and to enforce the execution of the regulations, on all which they shall make their report to the board.

SEC. 391. They shall appoint a treasurer, to be continued at their own will, who, before he enters upon the functions of his office, shall Treasurer to be give a bond and security to the satisfaction of the board of administrators.

appoin ed.

SEC. 392. It shall be the duty of the treasurer to recover all sums due to the Hospital; to keep a correct statement of its His duties. property, claims and revenues, and to make all necessary payments authorized by the board, and not otherwise, and finally to return

Power in certain cases to vacate seat of absent members. Power to fill vacancies.

the board.

every year to the board a minute account of his receipts and expenditures, which after being carefully examined by a special committee, shall, if found just and correct, be approved by the board.

SEC. 393. The board shall have power to declare the seat of any member vacant who shall absent himself from three successive monthly meetings, without leave, and to fill all vacancies that may occur in the board.

SEC. 394. The administrators shall, within the first ten days after Annual report of the annual meeting of the General Assembly, make a report to each branch thereof, which report shall contain a faithful account of the receipts and disbursements of the institution, and a faithful statement of all property, both real and personal, owned or claimed by the Charity Hospital.

Register to be

kept by the clerk

Tableau to be annexed to their annual report.

SEC. 395. A register containing the family and christian names of each and every patient who shall have been admitted into the Hospital, also his last place of residence, if known, the disorder with which he may have been afflicted, the time of his death or discharge, and whether cured or not, shall be kept by the clerk of the establishment, under the superintendence of the administrators; and it shall be their duty to annex to their annual report to the General Assembly a tableau extracted from this register, exhibiting the nature of the diseases attended to at the Hospital during the preceding year, the number of patients admitted, the number of persons dead, cured, or gone out of the Hospital for any other cause, the country in which they were born, and the number remaining at the end of the year. SEC. 396. All money coming to the Hospital shall be exclusively Money coming appropriated to the use of the patients, but the administrators may, to the hospital, from time to time, make such changes in or additions to the Hospital as they may deem expedient, whenever the revenues may permit the same to be done.

how appro

priated.

1857-99.

concerts, theatres and cir

cuses, for benefit

Hospital.

Duty of the

Mayor of the city of New Orleans.

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SEC. 397. For every public ball or concert, the sum of ten dollars shall be paid to the treasurer of the Hospital, and, annually, for Tax on balls and each theatre, one hundred dollars; for each circus, one hundred and fifty dollars; for every menagerie, fifty dollars; for every show, of the Charity twenty-five dollars. And it shall be the duty of the Mayor of the city of New Orleans, in authorizing any of these exhibitions, previously to require the receipt of the treasurer of the Hospital for the payment of the said sums respectively, and in case he should issue any license without such receipt, the city of New Orleans shall be liable therefor; and every manager or lessee of such theatre shall, annually, in addition to the sum of one hundred dollars, give at such time as the treasurer of the Hospital may designate, giving one Performance for month's notice to such manager or lessee, a theatrical performance for the benefit of the Hospital, and the receipts of such performance, deducting the necessary expenses, shall be paid over to the treasurer of the Hospital; and in default of a compliance with the provisions of this section, the said manager or lessee shall be fined in a sum of five hundred dollars, for the benefit of the Hospital, recoverable before any court of competent jurisdiction by the treasurer thereof.

the benefit of

the hospital.

1858-78. Board of administrators to have a seal of office. 1859-170. Surplus funds in the hands of the

treasurer of the Board of Health

SEC. 398. The board of administrators of the Charity Hospital of New Orleans, be and they are hereby authorized to have a seal of office, which seal shall be known as the seal of the Charity Hospital of Louisiana.

SEC. 399. The surplus funds remaining in the hands of the to constitute a treasurer of the board of health, on the first day of January of each Charity Hospital year, shall constitute a revenue to the Charity Hospital.

revenue to the

Duty of the

Board of Health

SEC. 400. It shall be the duty of the treasurer of the board of health, upon the first day of January of each year, to correctly treasurer of the balance his accounts for the preceding year, and to pay all surplus to balance his money remaining in the treasury of the board of health to the treas- accounts and urer of the Charity Hospital; Provided, That the sum of one thou- money, less sand dollars be retained by him for any immediate necessity which $1000. may occur to the board of health.

pay surplus

1861-202.

the board of ad-.

SEC. 401. No member of the board of administrators of the No member of Charity Hospital at New Orleans, shall hold any office of profit or ministrators of emolument in said institution, and no officer or member of said the Charity Hosboard shall in any manner be connected with any contract to be out by the board.

let

pital of New Or

leans shall hold

any office in said institution.

contracts.

SEC. 402. All contracts for construction shall be let out by said board by causing specifications to be made of the work to be done Letting out of and the materials to be furnished, and advertising the same for one month previous to the letting out of said contract in two newspapers published in the city of New Orleans, and parties wishing to take such contracts shall send in their sealed proposals, directed to the president of the board, which shall be opened at a public meeting of the board by the president, on a day previously fixed, and said contracts shall be awarded to the lowest solvent bidder, who shall give bond and security for the faithful execution of the same according to published specifications.

provided for by

SEC. 403. Hereafter no contract shall be made, no debt or liability incurred by any member of the board, or any officer of the Hos- No contract to pital, unless provided for by the annual appropriations made by the be made unless Legislature, or the other revenues of said institution, and any con- annual approtract made, or debt, or liability incurred, without being expressly by the Legisla authorized by law, or for which no appropriation has been made, ture. shall not be binding on the State, and the State shall in no manner be responsible for the same.

priations made

fusing to attend

SEC. 404. If any person summoned as a coroner's juror shall fail to appear, without reasonable excuse therefor, he shall forfeit the 1868-207. sum of twenty-five dollars. All forfeitures under this section in Penalty for reNew Orleans and Jefferson, may be recovered for the benefit of the as coroner's Charity Hospital of New Orleans, by suit to be brought by the jury men. 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 parish, by suit to be brought before a justice

of the peace in the name of the police jury thereof.

ing or refusing

sages.

SEC. 405. Any operator, clerk, director, messenger, or other person in the employ of any telegraph company, having an office or 1855-146. station in this State, who shall refuse or omit to send or deliver any Telegraphsdispatch or message on which the charges or fees shall have been penalty for fail paid or offered to be paid, or for the payment of which a contract to send messhall have been made; or cause or direct to be detained or delayed such dispatch or message in order to give precedence to a message or dispatch subsequently brought to the office or station; or who shall in any way give precedence of time in sending or delivering any dispatch or message belonging to a director, officer, stockholder of such company, or other person, over any dispatch or message previously offered for transmission; or who shall reveal, make use of or make public, any dispatch or message, shall on conviction be fined not less than fifty nor more than one thousand dollars, one-half to the Charity Hospital of New Orleans, and the other half for the use

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