Duties of physician and chaplains.

Books to be

SEC. 2032. The duties of the physician and chaplains shall be prescribed by the board of control, and shall be so performed as to secure constant attention to the health and moral and religious instruction of the convicts.

SEC. 2033. The board of control are hereby authorized to furnished con- furnish such books as they may consider useful to the convicts, not to exceed annually the sum of one hundred dollars, chargeable to the current expenses of the institution.

victs.

1848-extra ses Bion-3-2.

Clerk to keep register of births.

1841-43-8.

Convicts for life to labor Bepaiately

from the others

1842-520-6.

How rewarded for good conduct.

1838-109-4. Solitary con. finement.

1869-56.

Prior lease of penitentiary. ratified and approved.

1870-84.

of new lessees.

SEC. 2034. It shall be the duty of the clerk of the penitentiary to keep a register of the births in the penitentiary.

SEC. 2035. The convicts in the penitentiary whose sentences have been commuted from death to imprisonment, either for life or for a term of years, shall no longer be permitted to labor in company with the other convicts, but shall be employed apart from them, and as soon as the necessary changes in the cells can be made, shall be confined and made to labor alone, on the plan in force at the Eastern penitentiary of Pennsylvania; those changes to be made under the direction of the board of directors.

SEC. 2036. For the purpose of encouraging exemplary conduct in the convicts, and as a reward for the same, the board of directors shall have power to remit a small portion of the term of any convict.

It shall in no case exceed two days per month, and one month shall intervene between each remission; a book shall be kept by the clerk, in which shall be recorded a brief statement of the circumstances and reasons of each remission, and the name of the convict, which book is to be submitted to the inspection of the directors and the committees of the Legislature.

SEC. 2037. Hereafter solitary confinement in the penitentiary is abolished, except in enforcing obedience to the police regulations thereof.

SEC. 2038. The lease of the penitentiary executed between his Excellency, Governor Joshua Baker and Messrs. John M. Huger and Charles Jones, approved by Major-General W. S. Hancock, and dated March 18, 1868, is hereby ratified and confirmed, subject to the provisions and stipulations of this act.

SEC. 2039. Samuel L. James, C. B. Buckner and T. Bynum, Substitution having purchased from Messrs. Huger and Jones the lease of the Louisiana penitentiary passed and executed between his Excellency, Governor Joshua Baker, on the one part, and Huger and Jones on the other, dated March 18, 1868, and ratified by act approved March 5, 1869, the said S. L. James, C. B. Buckner and T. Bynum, or their assigns, are hereby substituted and placed instead of John M. Huger and Charles Jones, as lessees of the Louisiana State Penitentiary.

Ratification of lease.

SEC. 2040. The lease entered into on the 18th of March, 1868, as aforesaid, and ratified by act approved March 5, 1869, is hereby changed and altered in the following terms, to-wit: Instead of "working the penitentiary on joint account of the State of Louisiana and the lessees, that is to say, half of the net profits to go to the State, and half to the lessees," the said lessees shall in lieu thereof pay into the treasury of the State of Louisiana the sum of five thousand dollars for the first year, thousand dollars for the second year, seven thousand dollars for

six

the third year, and so on, increasing one thousand dollars per year, over each preceding year, till the expiration of the lease, said payment to be made to the Treasurer, as aforesaid, on the 1st of January each year.

Rate.

lease.

SEC. 2041. The said lease, with the modifications and changes Extension of made in the foregoing sections of this act, is hereby extended for the period of twenty-one years from the passage of this act, and it shall be the duty of the Governor to effect this lease with the said S. L. James, C. B. Buckner and T. Bynum, in accordance with the terms, stipulations and conditions set forth in the foregoing sections of this act; the lease of the 18th of March, 1868, to remain the same and in effect until the Governor shall extend the same, in conformity with this act.

session.

compounders to

SEC. 2042. The Governor of the State of Louisiana shall 1878—222, extra select and appoint a suitable person to act as amicable com- Amicable pounder on behalf of the State, and Messrs. S. L. James & Co. be appointed to shall select a person to act on their behalf in the same capacity, adjust indebted ess of peniwhich persons shall proceed, within thirty days after their ap- tentiary to the pointment, to examine the accounts existing between the State State. and the lessees of the Louisiana State Penitentiary; to ascertain and fix what amounts are due the State as rents on said lease, and also, what amounts are due the lessees as credits for improvements or otherwise, and determine the balance due the

State.

umpire.

SEC. 2043. In case said amicable compounders should fail to Compounders agree, they are hereby authorized to select a third person by may a point agreement, who shall be constituted an umpire to decide and settle the matters in dispute between them; and when so decided, said decision shall stand as the settlement of said amicable compounders.

SEC. 2044. When an agreement shall have been arrived at by said amicable compounders, they shall communicate the same to the Governor in writing, over their signatures, who shall cause a notarial act of pledge to be prepared, on which said S. L. James & Co. shall acknowledge that they are indebted to the State in the sum of the indebtedness settled by the amicable compounders, and the amount to fall due, and that they have given their promissory note, payable in two years from date, bearing eight per cent. interest from date until paid, and that they have pledged for the payment of the same a certain claim against the New Orleans Pacific railroad, which shall be therein named and specifically set forth, which contract the said S. L. James & Co. shall not be allowed to change, alter or abrogate or annul without the consent of the Governor, until the same shall have been fulfilled or the said railroad completed or become unable to comply with the contract on their part.

After agreement lessees to pledge to the

sign act of

State.

and act of

SEC. 2045. The said S. L. James & Co. shall, concurrently Lessees to with said act of pledge, execute the promissory note therein furnish note recited, and shall cause to be executed a certificate of acknowl- pledge by New Orleans Pacifie edgment on the part of the New Orleans Pacific railroad, of what railroad. sums are due and which will become due to said lessees of said penitentiary, under their contract with said railroad, and shall deliver the said notes and said certificate to the Governor of the State, after said certificate shall be indorsed and transferred to the Governor of the State, and said indorsement and pledge

Duty of the Governor on

receiving note, pledge, etc.

Lessees'

rights and

claims to be

thereafter recognized and acknowledged by the said railroad company as binding on them.

SEC. 2046. The Governor, after having received said act of pledge and the said promissory notes and certificate and transfer, shall deposit the same with the Treasurer of the State, whose duty it shall be to collect from time to time the respective amounts as they fall due, and the Governor shall, after the reception of the documents aforesaid, cause to be discontinued any legal proceedings which may now be pending against the said lessees, and in the event of the non-payment of any note, or notes, when due, the Governor shall cause suit to be instituted thereon.

SEC. 2047. All the rights, claims and earnings by virtue of any lease of the machinery now in the penitentiary, on the part subrogated to of the lessees to sub-lessees, shall be subrogated to the State until the amounts now due or falling due by present lessees to the State shall be liquidated.

State.

Provision in

1869-56.

Board of con

trol to have

control of the health and reIlgious re ula

SEC. 2048. In case the penitentiary should on any account be case the peni left without proper custodian and keeping, by the abandonment tentiary should be left without of the same by said lessees, in violation of said contract or othercustodian. wise, then the Governor of the State shall have authority to take such measures for the safe keeping, maintenance and employment of the convicts therein, as may be necessary, which authority shall cease within twenty days after the assembling of the Legislature, at its next regular or called session thereafter. SEC. 2049. The board of control of the penitentiary shall have the direction and control of the health and religious regulations of the convicts. They shall take care that the food and rations of the convicts shall not be less than those prescribed by the United States army regulations for soldiers, and that the clothing of the convicts shall be comfortable, suitable and adapted to their employment; provided, That nothing in this act shall be construed into a right to impair their efficiency in their labor, or to interfere in the employment of the convicts in accordance with the terms of the lease; and it shall be the duty of the board to see that no unusual or excessive mode of punishment be introduced into the penitentiary discipline; and should the lessees, on due notice from the board, persist in violating the provisions of this section, the president of said board shall prosecute the lessees, and, on conviction, they shall be subject to a fine of not less than one hundred dollars, nor more than one thousand dollars, at the discretion of the court.

tion of convicts.

Excessive punishment prohibited.

Buildings to

SEC. 2050. As part of the improvement which shall be made be erected, and with the consent of the board of control, under the sixth item of repairs made. the lease, the lessees shall complete the cotton and woolen factory buildings already commenced; shall remove and rebuild the foundry to the rear of the main building, and construct it with the view of using it as a machine shop for the manufacture of agricultural implements; shall thoroughly repair the department for female convicts; and shall construct a brick wall fifteen feet in height around the penitentiary grounds, and gener ally make such repairs as may be indicated by the board of control. The board of control shall appoint the physician, who shall have the entire control over his department.

be furnished.

SEC. 2051. In order to carry out fully the seventh item in said Machinery to contract, the lessees of the penitentiary are required to procure and place in the buildings prepared for the purpose two hundred looms, with all the necessary machinery for preparing and finishing cotton cloths, and such machinery as may be thought advisable by the lessees for preparing woolen cloths; provided, That before said purchase shall be made, a detailed estimate of the cost of such machinery shall be made out and filed in the office of the Auditor of Public Accounts; and provided, That the whole cost of such machinery shall not exceed the sum of three hundred thousand dollars.

SEC. 2052. Hereafter it shall not be lawful for the lessees of 1875–54. the State penitentiary to employ the convicts of said penitentiary how and where Convictson any public or contract work outside the walls of the State employed. penitentiary; but that hereafter all convicts shall be detained and kept at hard labor, if so sentenced, within the walls of the State penitentiary.

SEC. 2053. Hereafter it shall be deemed a misdemeanor for Penalty for any person or persons who shall take convicts without the walls violation of the regulation. of the State penitentiary for the purpose of performing any labor of any kind whatsoever, and on conviction thereof said person or persons shall be fined a sum not exceeding one thousand dollars, and imprisoned not exceeding two years; and the lessee or lessees permitting the same to be done shall ipso facto forfeit their lease, and pay a fine of not less than five thousand dollars. SEC. 2054. The lessees of the State penitentiary be and are 1880-105. hereby authorized and instructed to immediately make all repairs Lessees to repair the peninecessary at present and which may become necessary in the tentiary. future, on the buildings of the State penitentiary.

How the neo

relation thereto

SEC. 2055. The necessary repairs shall be made only as required and under the supervision of the board of control essary repairs to the penitenof the State penitentiary; and that whenever the members of tiary shall be said board of control shall have certified that the necessary for; duties of made and paid repairs have been satisfactorily made, and that the cost thereof is the Auditor in correct, and such certificate has been furnished to the Auditor of the State, he, the Auditor, shall credit the lessees of the State penitentiary with the amount of cost, and such amount shall be deducted from any sums of money which may be due or become due the State of Louisiana by the lessees of the State penitentiary for rent.

Registry of privileges.

1867-297.

ART. 176. No mortgage or privilege on immovable property shall affect third persons unless recorded or registered in the parish where the property is situated in the manner and within the time as is now or may be prescribed by law, except privileges for expenses of last illness and privileges for taxes, State, parish or municipal; provided, Such privilege shall lapse in three years. ART. 177. Privileges on movable property shall exist without registration for the same, except in such cases as the General Assembly may prescribe by law after the adoption of this constitution.

SEC. 2056. Hereafter the owner or owners of all private Privileges on canals within the limits of the State of Louisiana, shall have a ships, etc,, by privilege of equal rank with those granted by article 3204 of the Civil Code on all ships, steamboats, barges, flatboats or other vessels for the payment of the toll or canal fees.

canal owners.

SEC. 2057. Said privilege shall exist on said ships, steamboats, barges, flatboats or other vessels, for six months from the date the toll or fees became due.

SEC. 2058. The claim against steamboat owners for cord wood shall be the first privilege against steamboats for and during the term of eight months from the time that such claim accrues, as regards all boats running beyond the limits of the State, and three months for boats running within the limits of the State.

SEC. 2059. In all cases where any loss or damage has been caused to the person or property of any individual by any carelessness, neglect or want of skill in the direction or management of any steamboat, barge, flatboat, water craft or raft, the party injured shall have a privilege to rank after the privileges specified by the Civil Code, article 3204, and continue for the same length of time, and in the same manner provided for other privileges by the said article of the Civil Code upon such steamboat, barge, flatboat, water craft or raft, for the amount of the loss or damages sustained, and may proceed by attachment or in rem to recover the same. Before so proceeding, he, or if he be absent, his agent or attorney shall swear to the amount of the loss or damage sustained, and file a bond with a good and sufficient security in favor of the owners of the steamboat, barge, flatboat, water craft or raft, whosoever they may be, whether their names be known or not, for a sum exceeding by one-half the amount