1855-325. .2450 Until what time certain ordinances The streets of cities and towns not .2451 .2454 .2455 Petition of lot owners. Contracts legalized.. zing subscription for stock .....2456 Ordinance not to take effect until ratified by a majority of voters..2457 .2468 .2469 ..2470 .2471 SEC. 2445. In all elections by the people, for officers under political charters, granted or to be granted by the General Assembly Qualifications of of Louisiana, the qualification of voters shall be the same as those prescribed, at the time being, by the constitution of Louisiana, for the electors of Representatives of the General Assembly. voters. to office. SEC. 2446. All persons shall be eligible to hold office under all Persons eligible political corporations granted or to be granted by the General Assembly of Louisiana, when, by the constitution of the State for the time being, the same class of persons are eligible to the House of Representatives of the General Assembly of this State. Municipal corporations prohibited irom SEC. 2447. It shall not be lawful hereafter, for any municipal corporation within this State, to lay any tax on persons engaged in levying a tax selling articles of their own manufacture, manufactured within this SEC. 2448. The police juries of the several parishes, and the Restriction constituted authorities of incorporated towns and cities in this State, upon police shall not hereafter have power to contract any debt or pecuniary juries and mu liability, without fully providing in the ordinance creating the debt, ties in contractthe means of paying the principal and interest of the debt so contracted. ricipal authori lug debis. nances shall re SEC. 2449. The ordinance or enactment providing for the pay- Until what time ment of the principal and interest of any debt created by any board certain ordi of police or authorities of incorporated towns and cities, shall remain in full force until the debt and interest is paid. SEC. 2450. Whenever police juries or authorities of incorporated towns or cities, shall have provided for the payment of a debt b levying a tax, and shall fail or refuse to cause the tax to be collected for the purpose of paying the debt and interest for which it was imposed, it shall be the duty of the district judge, on motion of the attorney of any of the creditors of the parish or incorporated town or city, after having obtained judgment in their favor, to issue his mandate directed to the sheriff or other tax collector of the parish or incorporated town or city in which the judgment may have been obtained, to proceed forthwith to collect the taxes in the same manner as is prescribed by existing laws; and the same shall be appropriated to the payment of the judgment and costs, the sheriff or other tax collector retaining the commissions allowed by law for the collection of parish taxes, as compensation for his services. main in force. Mode of enforc ug payment of police jur es or debis d e by corporations. vested with BODS co traven SEC. 2451. The city councils of the incorporated cities of this City councils State be, and they are hereby vested with the full power to punish power to punish with a fine, not exceeding the sum of eight hundred dollars, any with fine percontravention of the police regulations by which any individual is ing regulations forbidden to keep in his house or place of residence, more than a certain quantity of gunpowder as fixed by the said police regulations, and to app'y a part of the fines to the informer, and the other part to the benefit of the corporation of the cities. relative to keeping gunpowder. Corporations authorized to pass ordinances SEC. 2452. The authorities of incorporated towns and cities are to protect themauthorized to enact ordinances to protect them from the introduc- seves from contion of contagious and epidemical diseases. tagious diseases. 1855-45. rendered liable SEC. 2453. The different municipal corporations in this State Corporation shall be liable for the damages done to property by mobs or riotous for dama es. assemblages in their respective limits. 1855-182. not to be used SEC. 2454. No railroad, plankroad nor canal shall be constructed cities and towns through the streets of any incorporated city or town, without the consent of the municipal council thereof. SEC. 2455. It shall be lawful for the police juries and municipal contain the following provisions, to wit: Second-The levy of a tax on the landed estate, situated in the parish or municipal corporation, sufficient to pay the amount of the subscription, and specify the rate of taxation, and the time when it shall be payable. without the con sent of the authorities. 1855-12. municipal cor porations au Police juries and tuorized to subscribe for the stock of certain corporations. Requisites fordinances au thorizing sub scription for stock. Ordinance not to take effect untiated by a majority of SEC. 2457. No ordinance shall be valid or take effect until it shall have been approved and ratified by a majority of the voters on whose property the tax is proposed to be levied, at an election to be voters. long to the taxpay 8, held specially for that purpose. The police jury or municipal corporation shall prescribe the manner of holding such election, and shall cause to be furnished to the commissioners a properly certified list of the authorized voters: and such election shall be preceded by a notice for thirty days, published in one or more newspapers in the parish or municipal corporation where it shall be held. If the ordinance be rejected by a majority of the voters, it shall be lawful at any subsequent period, at intervals of not less than six months, again to take the sense of the voters in the same manner as at the first election. SEC. 2458. The stock subscribed shall not belong to nor be The stock to be administered by the parish or municipal corporation by which the subscription shall be made, but shall belong to the tax who payers, shall have paid therefor, and the tax receipt of each tax payer shall entitle him to a certificate, transferable by delivery, from the corporation to which subscription has been made, for an amount equal to the amount of his tax paid. 1855-130. Embezzlement SEC. 2459. Any officer of this State, or any other person who shall convert to his own use, in any way whatever, or shall use, by of public money way of investment in any kind of property or merchandise, or shall loan, with or without interest, or use in any other manner than as directed by law; any portion of public money which he is authorized to collect, or which may be intrusted to safe keeping or disbursement, or for any other purpose, shall be guilty of an embezzlement of the same. Peralty for em bezz.ing the funds of any parish or city. 1855-178. Police juries and municipal authorities author zed to grant or withhold licenses. The neglect or refusal to pay over, on demand, any public money in his hands, in the manner required by law, shall be prima facie evidence of its conversion and embezzlement; and any officer or other person, and all persons advising, or knowingly and wilfully participating in such embezzlement, shall, upon conviction thereof, pay a fine equal to the amount of money embezzled, besides restoring the same; and shall be imprisoned at hard labor, not less than six months nor more than five years. SEC. 2460. The provisions and penalties of the preceding section shall extend to all officers or other persons, their aiders and abettors, who shall embezzle the funds belonging to any parish or incorporated city, with the collection, safe keeping, or disbursement of which they may be intrusted or charged. SEC. 2461. The police juries of the several parishes, the municipal authorities of the several towns and cities, and the Board of Aldermen and Assistant Aldermen, together with the Mayor of the city of New Orleans, shall have the exclusive power to make such laws and such regulations for the sale or prohibition of the sale of intoxicating liquors as they may deem advisable, and to grant or withhold licenses from drinking houses and shops, within the limits of any city, ward of a parish or town, as the majority of the legal voters of any city, ward of a parish or town may determine by ballot, and the said ballot shall be taken whenever deemed necessary by the police juries of the several parishes, the municipal authorities of the several towns and cities, and the Board of Aldermen and Assistant Aldermen together with the Mayor of the city of New Orleans; Provided, That said election shall not be held more than once a year. SEC. 2462. The State relinquishes all right to grant licenses in Relingnishment any town, city or parish, in which it is not granted by the authorities; whenever any licenses may be granted, the State shall have by the State. power to collect the tax coming to the State, for such licensed drinking houses or shops. SEC. 2463. It shall be the duty of the judges of the several district courts in this State, out of the parish of Orleans, and the judge of Judges to charge grand the criminal court in the parish of Orleans, to call the attention of juries. the grand jury to the laws regulating the sale of intoxicating liquors at each jury term. nances to be SEC. 2464. It shall be the duty of the police juries of the several Laws and ordiparishes, the municipal authorities of the towns and cities, to adopt such regulations as may be necessary for the purpose of carrying out a opted. the provisions of this act. to report de Governor annu SEC. 2465. It shall be the duty of the Auditor of Public Accounts, the presidents of the police juries, and the mayors of the several 1855-552 municipal corporations of this State, to report annually to the Gov- Certain officers ernor, on or before the tenth day of November of each year, all faulters to the persons who may be defaulters to the State, parish or municipal any. corporation, with the amount of said defalcation, and any of said officers who shall fail or neglect to perform this duty shall forfeit Penalty for negthe sum of five hundred dollars, to be sued for and recovered in the said report. name of the State of Louisiana by the district attorney. lecting to make. the size of town SEC. 2466. Whenever land, divided into town lots and sold in conformity with a plan, shall not be of the same extent as that 1855–208. mentioned in said plan, and the difference shall be more than one Variations in thousandth part, it shall be the duty of the State Surveyor, commis- lots, how regu sioned for the parish where said land is situated, to apportion, in lated. conformity with the dispositions of the Civil Code, the surplus or deficit of said land, and to make a plan pointing out, according to such apportionment, the correct dimensions of each square and the breadth of each street; said plan shall be deposited by the surveyor of the parish in the office of parish recorder of the parish where the land is situated; and public notices shall be given by said surveyor in the State paper, during thirty days, directing all persons interested to present their opposition to the original plan deposited as aforesaid with the parish recorder, which opposition shall be referred to and be decided by the district courts; and said original plan, when not opposed within the delay aforesaid, or when modified Their descripin the opposition filed, shall be registered by said recorder in his on and menoffice, and shall be authentic evidence of the description and dimen- tablished. sions of said property. bons. how es in New Onens of the cause of a SEC. 2467. It shall be the duty of any one of the recorders of New Orleans, or justices of the peace, to whom application shall be Aproces verbal made for that purpose, to visit any building where a fire may have to be evidence, happened, immediately after the fire shall have been extinguished, in certain cases. and inquire into the origin and cause of said fire, examine all wit- are. nesses whom the owner or insurers of the property destroyed may desire to have examined under oath, and make and preserve a true and correct record or proces verbal of their testimony, a copy of which record or proces verbal, certified by such recorder or justice, shall be admitted in evidence in any civil action. The party occupying or owning the property, his agent, or any one having the property in charge at the time of the fire, shall be notified by the recorder or justice of the examination. SEC. 2468. In suits pending on appeal, in which a police jury or municipal cor municipal corporation is plaintiff or defendant, it shall be the duty parties, to be of the Supreme Court, if in session in the district where the appeal tried by pre eris pending, on the affidavit of the attorney representing the police cases. 1855-313. Suits in which plice uries aud porations are ence in certain 1869-138. Corporation pivement, assess property, etc. jury or corporation, that the cause is one of serious public interest, and in which a speedy decision is desirable, to set the cause for hearing by preference. SEC. 24 9. Whenever any town or corporation in the State of Louisiana desires to use the patent Nico.son pavement, upon a petimay contract for tion made in accordance with the charter thereof or otherwise, for laying Nicolson the purpose of improving the streets, said corporation is hereby authorized, by resolution or ordinance, to fix the price to be paid for said pavement, and let the same under contract to the licensee of said patent; and said corporations are hereby authorized and empowered to assess the front of each owner's property for onethird of the cost of said pavement, and the cost of the same against said owner shall give to said corporation a lien and privilege on said property, and above all others except for taxes; and one-third of such improvement sha:l be paid by the corporation. Owners. SEC. 2470. When the owners of one-fourth of the property which Petition of lot fronts upon any street in a city, town or corporation in the State of Louisiana shall petition the council thereof, in writing, to change the nature and quality of the pavement of said street, when the contract for paving has not been completed, said council shall have the right to release the contractor from the coutract, and adopt the mode of pavement so petitioned for; Provided, That the contractor shall assent to the release in writing. ized. SEC. 2471. All contracts which may have been heretofore made Contracts legal- by any city or town for the laying of the patent Nicolson pavement, are hereby confirmed and legalized where the error, if any, in said contracts arose from want of power in the city authorities to contract for said patented pavement. 1868-171. Remiss on of SEC. 2472. Whenever any court or officer exercising judicial functions in any parish or municipal corporation in this State, shall, by virtue of any aw of the State or ordinance of the police jury of a fines prohibited. parish, or common council, or other like municipal legislature of any city or town in this State, adjudge against any person any term of imprisonment or any fiue for any offense against the State, or for any violation of the ordinances of such parish, city or other municipal corporation, it shall not be competent for such court or judicial officer to remit any portion of such fine or imprisonment, nor to alter or amend the sentence, judgment or order whereby such fine or imprisonment shall have been adjudged. police jury or common council, SEC. 2473. Whenever it shall or may be alleged that any fine or Abatement by imprisonment so imposed is excessive, or that, for any reason, the same ought to be abated or remitted, in whole or in part, it shall be done, in case it be a fine or imprisonment imposed under a law of the State, in the manner which may be directed by law; and if it be a fine or imprisonment imposed by the ordinances of a police jury, the same may be so remitted or abated only when the judge of the parish shall recommend the same to the police jury, and the police ury shall consent to the same; and when the same shall have been 'mposed under an ordinance of any city, or other municipal corpora'ion, then said fine or imprisonment may be so abated or remitted only upon the recommendation of the Mayor or other chief magisrate thereof, and the consent of the least numerous branch of the nunicipal legislative body, and not otherwise. |