1855-178. Police Juries and municipal authorities authorized to grant or withhold licenses.

1. [SEC. 1211.] 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. 2. [SEC. 1212.] The State relinquishes all right to grant licenses Relinquishment in any town, city or parish, in which it is not granted by the authori ties; whenever any licenses may be granted, the State shall have power to collect the tax coming to the State, for such licensed drinking houses or shops.

by the State.

Judges to

charge Grand Juries.

3. [SEC. 1213.] 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 the Criminal Court in the parish of Orleans, to call the attention of the grand jury to the laws regulating the sale of intoxicating liquors at each jury term.

4. [SEC. 1214.] It shall be the duty of the Police Juries of the Laws and ordi- several parishes, the municipal authorities of the towns and cities, to adopt such regulations as may be necessary for the purpose of carrying out the provisions of this act.

nances to be adopted.

1855-130.

Keeping grog shop without license.

1870-145. Closing of drinking

5. [SEC. 1215.] Whoever shall keep a grog or tippling shop, or retail spirituous liquors, without previously obtaining a license from the Police Jury, town or city authorities, on conviction, shall be fined not less than one hundred, nor more than five hundred dollars, and in default of payment, shall be imprisoned not less than fifteen days, nor more than four months.

6. [SEC. 41.] The Supervisors of Registration, or Commissioners of election, shall, on the day of election, close all drinking saloons on elec- saloons, dram shops, groggeries or places where liquor is sold by the

tion days.

may arrest

for neglect of

glass or bottle, situated within a radius of two miles of any poll or voting place. And said Supervisors or Commissioners of election. shall have the power to call on any Sheriff, Constable or Police officer to enforce this regulation. If such Sheriff, Constable or Police officer shall refuse to obey any order issued under the authority of Commissioners this section, the Commissioner or Supervisor giving the order shall Sheriffs, etc., summarily arrest and imprison such Sheriff, Constable or Police duty. officer, such imprisonment not to extend beyond the hour of closing the polls. And such Sheriff, Constable or Police officer so refusing to obey such order shall be deemed guilty of a misdemeanor in office, and upon conviction thereof, shall be punished by imprisonment for a term not to exceed six months, nor less than three months, and by a fine of not more than ($500) five hundred dollars, nor less than ($100) one hundred dollars.

7. [SEC. 42.] The Governor, any Justice of the Peace, Alderman, Mayor, Judge, or any State officer who may be present at, or have knowledge of any drinking saloon, dram shop, groggery, or place where liquor is sold by the glass or bottle, which is open contrary to the provisions of the foregoing section within the limits therein prescribed, may in writing order any Police officer or Constable to seize any such liquors, or any carriages or vessels containing the same, or any booths or tents erected within said limits for the purpose of exposing such intoxicating liquors for sale.

Penalty for neglect of duty by such Sheriff,

etc.

Peace officers to

issue warrant

for closing

drinking houses

liquors.

8. [SEC. 43.] The Constable or Police officer to whom such order shall be delivered, shall thereupon seize all such liquors, Officers to seize carriages, vessels, and the materials of any such tent or booth and hold and detain the same until twenty-four hours after the close of the election, then to be delivered on demand to the owner or the person from whom they were taken, on the payment of ten dollars for the safe keeping of said articles.

etc.

9. [SEC. 44.] If these effects be not thus demanded, the same shall be sold at public auction by the Police officer or Constable sale of liquors, making the seizure, and the proceeds of such sale, after deducting costs of sale and safe keeping, shall be paid to the owner of the articles sold, or the person from whom the same were taken.

28 Failure to levy a sufficient tax, etc.. 53

Copy transmitted to State Board.... 33 Children of different sub-districts... 59