Penalty against any officer for respecting the public schools. Penalty for fail ure to deliver SEC. 118. [50.] A failure on the part of any district, parish or State officer to perform the duties imposed upon him in this act, and in the manner herein specified, is hereby declared a misdemeanor in failure of duty office, upon conviction whereof such officer shall be punished by a fine of not less than fifty and not exceeding one hundred dollars, and by imprisonment in the parish prison for a term of not less than thirty days, and not exceeding three months. All prosecutions for offenses against this section shall have precedence over all other cases before any Justice of the Peace, or Parish or District Court. 119. [SEC. 63.] The Board of School Directors appointed under and by virtue of this law shall at once apply to the person or persons now controlling the public schools in said city for possession Directors in the of the books, furniture, apparatus and appendages in the possession leans. of the said Board of School Directors for said city; that if said person or persons, or any person or persons, shall usurp control of the public schools aforesaid, or shall fail or refuse to deliver said books, furniture, apparatus and appendages aforesaid, or shall assume or pretend to act as School Directors for the city of New Orleans, in violation of law, he or they shall be deemed guilty of a misdemeanor, and shall upon conviction of the fact, be fined each one thousand dollars, and imprisoned at the discretion of the court. 120. [SEC. 874.] It shall not be lawful for the Auditor to countersign bills for any banker or banking company, to an amount in the aggregate, beyond the amount of stocks or bonds deposited, at their rate of value estimated under this law. A violation of this provision, shall subject the Auditor, on conviction, to a fine of five thousand dollars, and imprisonment for ten years at hard labor. books, etc., to Board of School city of New Or 1855-214. Penalty for Ausigning bills ditor counter beyond the amount of stocks deposited curators for tail ure to have 121. [SEC. 1100.] Before any person shall be appointed curator or representative of any person interdicted or absentee, the bond 1869-114. required to be given, in order to obtain such appointment, shall be Penalty against recorded in the book of mortgages in the parish of the domicile of bonds recorded. the person to be appointed curator, and a certificate to that effect, presented to the Judge, must precede the appointment, on pain of nullity of such appointment. It shall be the duty of such curator, and of any relation or friend of the person interdicted or absentee, to have such bond recorded in any and every parish in the State in which the curator is the owner of mortgageable property; and in the event of the failure of the curator to have such bond recorded, as above required, on conviction thereof he shall be fined in a sum of not less than one hundred dollars, and imprisoned at the discretion of the court; and the recording of such bond shall operate a mort 1869-76. Punishment of failure of duty. gage on all the mortgageable property then or subsequently owned by such curator from the date of the recording of the bond. 122. [SEC. 883.] Any grand juror, at any time of court, when a grand jury is impanneled, who shall fail to inform the grand grand jurors for jury of any violation of the criminal laws of this State, or of any crime committed within the parish for which he is impanneled as a grand juror, since the sitting of the last preceding grand jury in that parish, which may have come to his personal knowledge, or of which he may have been informed, upon due conviction thereof, shall, if it be an offense not punishable in the penitentiary, of which he has not given information, be fined in a sum of not less than fifty nor more than five hundred dollars; and if it be an offense which may be punished by death or imprisonment in the penitentiary, he shall be punished by imprisonment in the penitentiary at hard labor for not less than one nor more than five years. Grand jurors witnesses on trial of one of their number for failure of duty. 123. [SEC. 884.] In order to prosecute the offense prescribed in the above section of this act, or to defend the charge, any member of the grand jury shall be a competent witness to testify either before the grand jury or on the examination or trial of the case. 124. [SEC. 885.] The several Judges of the courts in this State Judges to make before whom criminal cases are tried, shall give this act specially in charge to each grand jury impanneled before them. special charge to grand jury. 1869-49. 125. [SEC. 970.] If any officer of said drainage districts shall refuse to perform any duty required of him by this act, he shall be Penalty against deemed guilty of a high misdemeanor, and on conviction thereof age districts for shall be punished by fine or imprisonment, or both, at the discretion officers of drain refusal to per Jorm duty. 1855-438. Inspectors of Tobacco prohibited from ing in tobacco. of the court. 126. [SEC. 1837.] The Inspectors themselves, and the persons employed by them, are prohibited from dealing or trading in tobacco, either in their own names or in the names of others, in any manner dealing or trad- whatever, or from being connected with or having any interest in the business of other persons dealing in tobacco, or from putting up loose tobacco in bales or hogsheads, or from being interested in any manner in the warehouse rented by them for the storage of tobacco, or from having any interest in the drayage of tobacco to and from the warehouses. Penalty. Upon conviction of the violation of any of the above prohibitions, the Inspector, or other person so offending, shall be deprived of his office, and shall be subjected to a fine of not less than five hundred nor more than two thousand dollars; and any Inspector, upon conviction of making willfully a false or fraudulent inspection, or accepting a bribe in relation to the discharge of the duties of his office, shall be deprived of his office, and shall suffer imprisonment in the penitentiary not less than three months nor more than two years. Ineligibility to Office. Penalty for 1alsely taking the oath of eligibility to office. Penalty for re fusing to vacate if ineligible. 127. [SEC. 2589.] If any person shall falsely and corruptly take 1868-46. the oath or oaths, in either of the clauses in section two thousand five hundred and eighty-seven of this act, such person shall, on conviction thereof, be imprisoned at hard labor in the penitentiary of See OFFICE. this State for a term of not less than five nor more than ten years. 128. [SEC. 2592.] If any person elected or appointed to any office, State, parish or municipal, in this State, shall fail to show his eligibility to such office, as is required by this act, and if his office has, according to the requirements of this act, become vacant, and another person has been elected or appointed to such office, and been authorized to enter on the discharge of the duties of such office, and should such person, whose office has become vacant, as aforesaid, fail to deliver over to the person so authorized to discharge the duties of such office, upon demand, all the books, papers, archives, records, property or other effects office, or willfully resist or obstruct such person in the discharge of the duties of such office, upon due conviction thereof, he shall be punished by imprisonment in the common jail not less than three nor more than twelve months, and fined not less than one hundred nor more than one thousand dollars. Intrusion Into, or Usurpation of Office. 129. [SEC. 882.] If the defendant shall refuse to deliver over such books or papers upon demand, he shall be deemed guilty of a 1868-199. misdemeanor, and, upon prosecution thereof by indictment or in- Penalty for reformation, and upon conviction fined not less than two hundred the office and dollars, or imprisoned, at the discretion of the court, not exceeding to receive them. one year. fusing to deliver books to person legally entitled Offices of Con in certain cases. [SEC. 14.] The offices of all Constables now holding such office in any parish in the State, are hereby declared vacated imme- 1870-104. diately upon the appointment of the Chief and Deputy Constables stables vacated for such parish; and hereafter no person shall assume to exercise the power or perform the duties now or hereafter prescribed by law for Constables, except such persons as shall be appointed under the provisions of this act. Any person violating the provisions of this Punishment for section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars, and imprisonment for not less than three months for each and every such violation. violation. 1855-366. Penalty for acting as Sheriff before qualifying. 1870-126-Extra session. Intrusion into office of Tax Collector. Mode of pro 131. [SEC. 3540.] Any person who shall presume to act as Sheriff before he shall have qualified according to law, shall forfeit and pay five hundred dollars. Should any Sheriff or Collector of taxes, after receiving his commission from the Governor, proceed to exercise any of the duties, or avail himself of any of the rights appertaining to his office as Collector, or as Sheriff, before giving all the bonds and security required by law for the collection of taxes, or discharge of duties as Sheriff, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not less than one thousand dollars, and imprisoned not less than six months, at the discretion of the court. 132. [SEC. 81.] Any Tax Collector, or person collecting, or attempting to collect any licenses or taxes, in the name of the State of Louisiana, without having duly qualified and given bond in accordance with law, shall be subject to a fine of not less than one thousand dollars, nor more than five thousand dollars, and to be imprisoned not less than two nor more than five years at hard labor. It shall be the duty of the Attorney General in the parish of Orleans, and of the District Attorney in the other parishes or districts of the State, upon information from the Auditor of Public Accounts, to prosecute all such cases in their respective parishes or districts, for which a fee of fifty dollars upon each conviction shall be paid to the Attorney prosecuting. Defaulters. 133. [SEC. 1127.] Whenever it shall appear from an official pub1855-268. lication that any person, acting as an officer within the State, is a ceeding against defaulter, it shall be the duty of the Judges of the several District and Parish Courts to require the District Attorney or District Attorney pro tempore to proceed by rule against him for his removal from office after ten days' notice. defaulters. Duty of Judges. Courts, in certain cases, to declare the office vacant. Persons not to 134. [SEC. 1128.] If upon the trial it should appear that he is a defaulter, the court shall declare the office vacant, subject to an appeal to the Supreme Court upon the defendant giving bond and security for costs. 135. [SEC. 1129.] It shall not be lawful for any person to discharge duties discharge the duties of an officer pending the appeal allowed by the eleven hundred and twenty-eighth section of this act. of office pend ing appeal. Penalty, 136. [SEC. 1130.] Any person violating the eleven hundred and twenty-ninth section of this act, on due conviction thereof, shall suffer fine or imprisonment, or both, at the discretion of the court. Altering, Falsifying, Defacing, Embezzling, Stealing, Destroying, or Stealing or ords of courts. 137. [SEC. 873.] Whoever shall feloniously take away, alter, falsify, or otherwise avoid any record, writ, process, or other 1855-130. proceeding in any court in this State, by means whereof any judg- falsifying recment shall be reversed, made void, or not take effect, or who shall acknowledge, or procure to be acknowledged in any of the courts of this State, any recognizance, bail or judgment, in the name of any person not privy or consenting to the same, on conviction shall be fined not exceeding three thousand dollars, and be imprisoned at hard labor not exceeding two years. This section shall not extend to the acknowledgments of judgments by attorneys at law while in the due discharge of their duties. ing, etc., of 138. [SEC. 875.] Whoever shall deface, alter, falsify or embezzle any record, enrollment or matter or instrument recorded, or registry Defacing, alterthereof, with intent to defraud, shall upon conviction, pay a fine not records. exceeding one thousand dollars, and be imprisoned at hard labor not more than two years. 1 139. [SEC. 876.] Whoever shall steal, willfully destroy or falsify any notarial record, act or document, shall be fined not exceeding two stealing, dethousand nor less than one thousand dollars, and suffer imprison- notarial recment at hard labor or otherwise, not more than two nor less than ords, etc. one year. stroying, etc., of session. nal records. 140. [SEC. 1.] Whoever shall feloniously or maliciously take away, destroy, secrete, alter, falsify, mutilate or deface any bill of 1870-49-Extra indictment, information, bond, or any part of any record in any Injury to crimicriminal proceeding in this State, and all persons aiding, abetting or assisting therein, shall, on conviction, be imprisoned at hard labor for a period not exceeding twenty years, and fined not exceeding two thousand dollars. Issue of Bank Notes. 141. [SEC. 886.] It shall not be lawful for any bank to issue any note or other obligation for circulation except such as are payable in gold or silver on demand; and any officer of any bank issuing any note contrary to the intent and meaning of this section, and any Director who shall by his vote authorize such issue, shall, on conviction, be punished by fine not less than five hundred dollars nor more than five thousand, or imprisonment not exceeding two years, or both, at the discretion of the court. Each Director present shall be presumed to have voted for and authorized the issue, unless Penalty. 1855-130. Penalty for notes not paya banks issuing ble in specie. |