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to charge grand juries.

Sec. 928. It shall be the duty of the several district judges Duty of judges to give the preceding section especially in their charges to the trade grand jury at each term of their respective courts.

peaceable as

Sec. 929. Whoever shall maliciously disturb, or cause any disturbance to be made, whereby any peaceable assembling of the Disturbing people is disturbed, shall upon conviction be fined not exceeding semblies. one hundred dollars, and imprisoned not exceeding ten days, and for a second conviction the punishment shall be doubled. Sec. 930. Whoever shall make, or cause to be made, any cut

making cut

off in the Mississippi river, without authority of law, on convic- Penalty for tion, shall be fined not less than one hundred nor more than offs in the Misone thousand dollars, and imprisoned not less than one week sissippi river. nor more than twelve months in the parish jail.

the Mississippi

Sec. 931. It shall not be lawful to stop any outlet or natural bayou of the Mississippi river; should any such be closed, the No outlet of opening of it may at any time be ordered by the State engineer; to be stopped. and any person who may have caused the closing of such outlet

doing.

or bayou shall be liable for all expenses necessary for the reopening of the same, and on conviction, shall be fined not less Penalty for so than one thousand nor more than ten thousand dollars. This section shall not apply to bayous already closed, or that may be hereafter opened by crevasses.

cealed weap

Sec. 932. Whoever shall carry a weapon or weapons concealed on or about his person, such as pistols, bowie-knives, Carrying condirks, or any other dangerous weapon, shall, on conviction, suf- ons. fer fine or imprisonment, or both, at the discretion of the court; and it shall be the duty of the judges of the District Courts in this State to charge the grand jury specially as to this section; Provided, in no case the fine exceed five hundred dollars, and Provided. imprisonment not more than three months in the parish prison.

D. Sec. 897, 915, 1393. Act 1858, p. 32.

Sec. 933. The board of commissioners of Metropolitan police shall have power to issue subpenas, attested in the name of Subpenas. its president, to compel the attendance of witnesses upon any proceeding authorized by its rules and regulations. Each commissioner of the board, the superintendent of police, the chief clerk and deputy clerk, are hereby authorized and empowered to administer oaths and affirmations to any persons summoned and appearing in any matter or proceeding authorized as aforesaid, or to take any deposition necessary to be made under the orders, rules and regulations of the board, or for the purposes of this act. Any willful and corrupt false swearing by any wit- False swearing ness or person to any material fact, in any necessary proceeding before Metrounder the said orders, rules and regulations, or under this act, perjury. shall be deemed willful perjury, and punished in the manner now prescribed by law for such offense.

D. Sec. 2254, 8976. Act 1869, p. 92.

of witnesses

politan police,

Additional

penal offenses

March, 1855, to

board of any

any of the crew

the same with

of the master

ing officer: op

any command

CREWS OF VESSELS, STEAMBOATS, ETC.

Sec. 934. In addition to the crimes and offenses enumerated in the act entitled "An Act relative to crimes and offenses," apmade to the act proved March fourteenth, eighteen hundred and fifty-five, it approved 14th shall be, and is hereby made a penal offense for any master or wit: Going on keeper of a boarding-house for seamen, any servant, agent or other vessel to cause person in his employ, any broker, shipping master or other peror officers to son engaged in the business of procuring or furnishing seamen desert or leave for vessels, or any person or persons whose object is to cause out the consent any person composing a part of the officers or crew of any ship, or command- steamship, steamboat or other vessel within this State, without posing or in- or against the will and consent of the master or other person in terfering with charge thereof, or for any of the above named persons having of the officer in gone on board of any ship, steamship, steamboat, or any other vessel; refus- vessel, to cause any person composing a part of the officers or the boat when crew thereof, to desert from or leave the same without the conordered to do sent of the master or other person in charge thereof, or to oppose or interfere with the execution of any command or authority of the master or officer in charge of such ship, steamship, steamboat or other vessel, or to refuse to leave the same when ordered to do so by the officer in charge thereof, any person or Peed to such persons so offending, shall be punished by a fine not less than offenses-fine, one hundred dollars, nor more than five hundred dollars, or be imprisonment. imprisoned not less than one month, nor more than twelve months, or both, at the discretion of the court.

charge of the

ing to leave

80.

Penalty at

be arrested

D. Sec. 946, 3662. Act 1859, p 87.

Sec. 935. Any person or persons accused of any of the of Offenders may fenses provided for in the preceding section, may be arrested and tried in any parish of the State, in which the ship, steamship, steamboat or other vessel on which such offense has been committed, may moor.

and tried in where the of

the parish

fense is committed.

to command

ing officer to arrest and

D. Sec. 947, 988, 3663.

Sec. 936. Any master or person in charge of any ship, steamPower granted ship, steamboat, or other vessel upon which the offenses enumerated in the 934th section of this act may be committed, shall have power to seize and arrest any person or persons so offendfore a magis- ing and take them before a magistrate to be dealt with according to the provisions of this act.

bring him be

trate.

he was permit

D. Sec 3483.

Sec. 937. On the trial of any person under this act, for havOffender ing gone on board any ship, steamship, steamboat or other vesbound to prove sel without permission first had and obtained from the proper ted to go on officer, it shall be incumbent upon him to prove that he had resel, otherwise ceived the permission required; in default of his proving this, found guilty. he shall be considered as having entered without permission, and be found guilty accordingly.

board the ves

D. Sec. 3484.

witness by the

Notice to be

Sec. 938. When the testimony of any master or officer of any ship, steamship, steamboat or other vessel, or if any transient Summoning of person shall be deemed by a magistrate, before whom a pros- examining ecution has been commenced under this act, necessary to be magistrate. used on the trial of the case before the district court, such magistrate shall have power after five days' notice to the party accused, to summon and cause such witness to appear before the given to the judge of the first district court of New Orleans or before the accused. district judge of any other parish in this State, in which a prosecution may have been commenced under this act, to give evidence in the same manner as if examined in open court; the accused at the time of such examination shall be assigned counsel by the judge, if he have none, and shall have the right to cross-examine the witness; the evidence thus given shall be re- Evidence to be duced to writing, and shall be signed by the witness, certified reduced to writing, sealed to, and sealed up by the judge before whom it is taken, and up and sent to shall be used on the trial of the case before the district court; judge. Provided, the magistrate before whom the prosecution was com- Proviso. menced shall make oath that the witness is not at the time of trial within the jurisdiction of the court.

D. Sec. 3485.

Right of crossexamination reserved to the accused.

the trying

in disregarding

Sec. 939. In addition to the crimes and offenses enumerated in the act entitled "An Act relative to crimes and offenses," Harboring or secreting seaapproved March fourteenth, A. D., eighteen hundred and fifty- men who have five, it shall be, and is hereby made a penal offense for any per- ping articles signed shipson, either on shipboard or on shore, to harbor or secrete a sea- or aiding them man who shall have signed shipping articles to proceed on a articles by voyage or to inveigle or procure such seamen to desert or dis- made a penal regard the articles which he has signed; any person or per- ishable by fine sons so offending shall, on conviction, be punished by fine and and imprisonimprisonment at the discretion of the judge who tries the case, the fine not to exceed three hundred dollars and the imprisonment not to exceed three months.

D. Sec. 3480, 3486.

them signed,

offense, pun

ment.

rant may be

tain cases for

Sec. 940. Any magistrate may, on complaint on oath being made by the master of a vessel, or some person in his behalf, Search warthat a seaman or boy apprenticed has deserted from his vessel, issued in cerand that he is harbored, secreted or detained, issue a warrant harbored or under his hand and seal to cause search to be made in any place men upon the wherein said seaman or boy apprentice may be harbored or se- oath made by creted, and shall cause such seaman or apprentice, when found, sel or his agent. to be delivered to the master of the vessel to which he belongs.

D. Sec. 3487.

secreted sea

master of ves

ping articles

Sec. 941. On the trial of any person under the two preceding sections of this act, a copy of the articles of any vessel Copy of shipauthenticated by the affidavit of the captain, sworn to before admitted as any magistrate, shall be admissible in evidence to prove the act, that any seaman whose name appears subscribed thereto, has actually signed said articles.

D. Sec. 3488.

evidence.

Penalty

against mas

to employing any one but

ping masters.

Sec. 942. The owner, master or agent of any vessel, steamer or other sea-going water-craft, who shall employ any other person ters of vessels than a licensed shipping-master, as provided in this act, for the shipment of any seaman, steward, cook or other person employed licensed ship-on such vessel, steamer or other water-craft (other than officer thereof), such owner, master or agent shall, on conviction thereof, pay, in solido, a fine of five hundred dollars, recoverable before any court of competent jurisdiction in the name of and for the benefit of the charity hospital, with lien and privilege for the payment thereof on such vessel, steamer or other sea-going water-craft. Act 1859, p. 36.

Penalty for

acting as shipping master without license.

terfering by

or threats with the crew of

any steamboat or with per

Sec. 943. Any person acting as a shipping master, or engaging the services of any seaman, steward, cook or other person employed on board of any sea-going vessel, without having first been duly licensed to that effect, shall, upon conviction, be sentenced to not less than three, and not more than six months' imprisonment in the parish jail of the parish wherein said offense shall have been committed.

Sec. 944. Any person or persons who may, by violence or Penalty for in- threats, or in any manner intimidate and prevent another from intimidation shipping upon any steamboat within this State, or who shall thus interfere with or prevent any person who is one of the crew of a steamboat from discharging his or her duty, or unlawsons desiring fully interfere with any laborer who may be taking cargo on board or discharging cargo from a steamboat within the State of Louisiana, shall be deemed guilty of a misdemeanor, and upon conviction before any justice of the peace of this State or recorder of the city of New Orleans, be fined not less than twenty dollars and costs of prosecution, and imprisoned not less than twenty days in the parish jail.

to ship on any steamboat.

Penalty against per

D. Sec. 3489, 3664. Act 1855, p. 142.

Sec. 945. Any person who may ship upon a steamboat in the customary manner, to do service on said boat either by the

sons for leav- month or voyage, in the capacity of an officer, engineer, pilot,

ing a steam

boat before

complying with his

engagement.

tempting to

clerk, mate, carpenter, cook, steward, cabin boy, watchman, fireman, deck hand, or laborer, who may abandon the boat before having fulfilled his engagements, or who may refuse to do his duty in the capacity for which he shipped or engaged to perform, before the completion of the voyage or the term of his engagement, without lawful cause, shall, besides forfeiting all claims to the wages due for such service, be liable to the owner or owners of said steamer for any damages which they may sustain by said abandonment or refusal to do duty.

D. Sec. 3490, 3665.

Sec. 946. In addition to the crimes and offenses enumerated Penalty for at- in the act entitled "An Act relative to crimes and offenses," cause deser- approved fourteenth of March, eighteen hundred and fifty-five, it ships, steam- shall be and it is hereby made a penal offense for any person or interfering persons to go on board of any ship, steamboat, steamship, or other

tions from

boats, etc., or

mand of such

vessel within this State, for the purpose of causing any person with the comcomposing a part of the officers or crew of such ship, steamship, vessel. steamboat, or other vessel to desert, leave or quit such ship, steamship, steamboat, or other vessel, without or against the will and consent of the master or other officer in charge thereof, or after having gone on board of any ship, steamship, steamboat or other vessel, to cause any person composing a part of the officers or crew thereof to desert therefrom or leave the same without the consent of the master or person in charge thereof, or to oppose or interfere with the execution of the command or authority of the captain or officer in charge of any such ship, steamship, steamboat, or other vessel, or to refuse to leave the same whenever ordered to do so by the master or other officer in charge thereof; any person or persons thus offending shall be punished by a fine not less than fifty dollars nor more than five hundred dollars, or be imprisoned not less than one month nor more than twelve months, or both, at the discretion of the

court.

D. Sec. 934, 3662. Act 1858, p. 171.

Jurisdiction

persons

Sec. 947. Any person accused of being guilty of any of the offenses provided for in the preceding section, may be arrested for the trial of and tried in any parish of the State in which the ship, steam- accused under ship, steamboat, or other vessel on which such offense may have this act. been committed, may moor.

D. Sec. 935, 3663.

case of acci

Sec. 948. Any accident, except such as is impossible to be foreseen or avoided, that may happen to any steamboat, from Penalties in racing, carrying higher steam than may be allowed by law, run- dents. ning into or foul of another boat, or that may occur whilst the captain, pilot, or engineer is engaged in gambling or attending any game of chance or hazard, or whenever an accident happens from the boat being overloaded, the owner of the boat shall be responsible for all loss or damage, and shall be barred from the recovery of freight or insurance, and the officer violating the provisions of this section shall be subject to a fine of not less than five hundred, nor more than two thousand dollars, and imprisonment for not less than three months, nor more than three years; and in the event of loss of life being the result of such accident, then said officers shall be adjudged guilty of manslaughter.

D. Sec. 3651. Act 1855, p. 468.

quired when received on

Sec. 949. When gunpowder is shipped on board of a steamboat, it shall be stored away at as great a distance as possible Formalities refrom the furnace, and a written notification of the fact shall be gunpowder is placed in three conspicuous parts of the boat, and in the event board. of such notification not being so exhibited, then for any loss of property, or life for which the powder may be deemed the cause, the owner and captain shall be liable to the penalty provided in the preceding section.

D. Sec. 3652.

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