Penalty for shipping gunout notice. Sec. 950. Any person who shall ship or put on board, or cause to be shipped or put on board of any steamboat within powder with this State, any gunpowder, without giving notice thereof, at the time of making the shipment, to the master or clerk of said boat, shall be liable to a penalty of two hundred dollars, which may be sued for and recovered by the owner, captain or clerk of said boat, for his own use and benefit; and in case of any loss of property in consequence of gunpowder being on board of said boat, the shipper that shall have failed to give due notice as herein required shall be liable therefor, or for any injury done to any person or to his family, and in the case of loss of life, the person who shall have shipped the same without giving due notice thereof, shall, on conviction, be adjudged guilty of manslaughter. Their duty when offering jewelry. Right of pur chaser to re turn jewelry, plate and watches. vagrants. D. Sec. 3653. AUCTION SALES. Sec. 951. It shall be the duty of every auctioneer who shall offer for sale jewelry of any kind or description, to announce to the persons present, in a loud voice, whether the same be gold, silver or base metal before proceeding to sell the same; also, whether the article offered is to be sold by the lot or by the piece, and if by the piece, the number of pieces. Every auctioneer who shall offer for sale any jewelry without first making announcement, shall, on conviction thereof, pay a fine of not more than one hundred dollars, nor less than fifty dollars for each offense, and said sale shall not be binding on the bidder. D. Sec. 153-156. Act 1855, p. 76. Sec. 952. The purchaser at an auction sale of any watch, plate or jewelry, shall have the right to return it to the auctioneer at any time within twenty hours from the day of the sale, if the watch, plate or jewelry be not of the quality represented by him, and the auctioneer shall return to the purchaser the price of the article; should he refuse to do so he shall forfeit his license, and be liable to a fine of five hundred dollars. D. Sec. 153-156. VAGRANTS AND SUSPICIOUS PERSONS. Sec. 953. All idle persons who, not having visible means to Definition of maintain themselves, live without employment; all persons wandering abroad, and lodging in groceries, taverns, beer-houses, market-places, sheds, barns, uninhabited buildings, or in the open air, and not giving a good account of themselves; all persons wandering abroad and begging, or who go about from door to door, or place themselves in the streets, highways, passages, or other places, to beg or receive alms; habitual drunkards who shall abandon, neglect, or refuse to aid in the support of their families, and who may be complained of by their families, shall be deemed vagrants. D. Sec. 959, 2298, 8877. Act 1855, p. 130. Sec. 954. It shall be the duty of any sheriff, constable, policeman, or other peace officer, whenever required by any person Adult vagrants, how to carry such vagrant before a justice of the peace of any parish, dealt with. or before any one of the recorders of the city in which he shall be, for the purpose of examination; and if the justice or other officer be satisfied by the confession of the offender, or by competent testimony, that he is a vagrant within the description aforesaid, he shall make a certificate of the same, which shall be filed with the clerk of the court of the parish, and in the city of New Orleans the certificate shall be filed in the office of one of the recorders; and the justice or other officer shall issue a warrant to commit such vagrant, if in the city of New Orleans, to the workhouse of the city, for any time not exceeding six months, there to be kept at hard labor; or if such vagrant be a proper object of charity, to some place of refuge to be provided by the common council of the city; and if in any of the parishes, to the parish jail for not more than six months, and if such vagrant be a proper object of charity, to such place of refuge as shall be provided by the parochial authorities. D. Sec. 960, 2299, 8878. Juvenile va Sec. 955. If any child be found begging for alms or soliciting charity from door to door, or in any street, highway or public grants, how place, such child shall be deemed a vagrant, and any justice of treated. the peace of the parish, or any one of the recorders or aldermen of the city of New Orleans, shall commit him to such place of refuge as may be provided by the parochial authorities; and if in the city of New Orleans, to the house of refuge of the city; and the child shall be there detained, kept, employed, and instructed in such useful labor as he shall be able to perform, until discharged therefrom under the rules of the places of refuge, or bound out as an apprentice by the administrators of such places of refuge, or by the parochial authorities. D. Sec. 3879. reputed vaga suspicious per they shall be Sec. 956. All persons apprehended with any picklock or other instrument, with the probable intention to feloniously break and Who shall be enter any dwelling-house, or with any offensive weapon, with bonds and probable intention to feloniously assault any person, or who shall sons, and how be found in any dwelling-house, outhouse, store, yard, or garden, dealt with. with probable intent to steal, shall be reputed vagabonds, and suspicious persons, and shall, upon conviction, be punished with imprisonment, with or without hard labor, not exceeding three months. D. Sec. 962, 2301, 3880. Sec. 957. All persons who shall be convicted a second time of any of the offenses mentioned in the preceding section, shall be Second ofcondemned to imprisonment at hard labor, for not more than three punished. years, nor less than six months. D. Sec. 3881. fense, how Sec. 958. All persons harboring vagrants or suspicious per- Penalty for sons, knowing them to be such, shall, upon conviction, be fined grants. harboring va Defining vagrants. Duty of sheriffs, con men and other grants. in a sum not exceeding five hundred dollars, nor less than one hundred dollars. D. Sec. 965, 2304, 3882. VAGRANTS IN THE METROPOLITAN POLICE DISTRICT. Sec. 959. All idle persons who, not having visible means to maintain themselves, apprehended with any picklock or other instrument, with the probable intention to feloniously break in and enter any dwelling-house, shop, store, office, church, court-house, outhouse appurtenant to a dwelling-house, yard, or garden, or with any offensive weapon with probable intention to feloniously assault any person, or who shall be found in any dwelling-house, shop, store, office, church, court-house, outhouse appurtenant to a dwelling-house, yard, or garden, with probable intent to steal or commit any crime or felony, shall be deemed vagrants. D. Sec. 953, 2298, 3883. Act 1869, p. 87. Sec. 960. It shall be the duty of any sheriff, constable, policeman, or other peace officer whenever required by any person, to stables, police- carry such vagrant before the board of metropolitan police, or peace officers, any commissioner of the said board of metropolitan police, at relative to va- such place to be designated by the said board, to be examined whether or not there is sufficient ground for such arrest. If the arrest is improper and not justified, the prisoner shall be released and set at liberty immediately. If after a brief and summary examination, which shall take place within twenty-four hours from such arrest, Sundays and holidays not included, it appears that the arrest was made on sufficient grounds, it shall be the Duty of board duty of said board, or of said commissioner, detailed by said of metropoli- board, to designate a justice of the peace in the metropolitan police district, or recorder of the city of New Orleans, before whom the party charged with vagrancy shall be forthwith sent for examination and trial, which shall take place within fortyeight hours, to begin from the time the prisoner and papers were receipted for by said justice of the peace or recorder. tan police. Warrant of committal to workhouse D. Sec. 954, 2274, 2299, 3639, 3884. Sec. 961. If after trial, the justice of the peace or recorder be satisfied by the confession of the offender, or by competent testimony, that such person is a vagrant within the description aforesaid, he shall make up and sign a record of conviction thereof, which shall be filed in the office of the board of metropolitan police, and the said justice or recorder shall issue a warrant to commit such vagrant to the workhouse of the city, for any time when issued. not exceeding six months, there to be kept at hard labor; or if such vagrant be a proper object of charity, to some place of refuge, to be provided by the common council, of the city of New Orleans. The cost for maintaining such vagrants, arrested on the right bank of the Mississippi, or other parts of the metropolitan police district, shall be charged to the police juries of the parishes of Orleans, (right bank,) Jefferson and St. Bernard, and to the cities of Carrollton and Jefferson, respectively, and reimbursed by them to the city of New Orleans. D. Sec. 2300, 3885. prehended or other in probable in crime. Sec. 962. All vagrants apprehended with any picklock or Vagrants apother instrument with the probable intention to feloniously break with picklock in and enter any dwelling-house, shop, store, office, church, court- strument, with house, outhouse appurtenant to a dwelling-house, yard, or gar- tention of den, or with any offensive weapon with probable intention to committing feloniously assault any person, or who shall be found in any dwelling-house, shop, store, office, church, court-house, outhouse appurtenant to a dwelling-house, yard, or garden, with probable intent to steal or commit any crime or felony, shall be sent before a court of competent jurisdiction, and, upon conviction, by the verdict of a jury, shall be punished with imprisonment, with or without hard labor, for a period not exceeding two years. D. Sec. 956, 2301, 3886. have the right Sec. 963. Any person arrested under the provisions of this Vagrants to act shall have the right to a trial by jury before any court of of trial by jury. competent jurisdiction; Provided, such right is claimed before Provided. sentence by the recorder or justice of the peace before whom the examination shall take place, and it shall then be the duty of said recorder or justice of the peace to commit the prisoner to such court of competent jurisdiction, to be tried by a jury; upon conviction all vagrants or persons who do not belong to that class described in and to be punished by section nine hundred and sixty-two of this act, shall be punished with imprisonment in the work-house, in the city of New Orleans, for a period not exceeding one year; and if such vagrant be a proper object of charity, he shall be sent to some place of refuge to be provided for by the common council of New Orleans. aud D. Sec. 2302, 3887. grants, in what Sec. 964. All persons condemned and sentenced by virtue of Release of vathis act without a verdict of jury, may be released by the board of Metropolitan police in the following cases only: First. If the vagrant belongs to any other parish of this State, and the police jury or any municipal corporation of said parish recommends and claims his release. Second.-If he is from any other State, and his release is recommended and claimed by the city, town or county to which he belongs. Third.-If he is a foreigner and the consul or consular agent of his nation recommends and claims his release upon the assurance that he shall leave and not return to the State of Louisiana. Fourth.-If the board of Metropolitan police have reasons to presume that the vagrant is repentant, and will demean and behave himself as an unoffending and law-abiding person, and is claimed and vouched for by two responsible citizens and property holders of the Metropolitan police district that they will furnish said vagrant with permanent employment or work. D. Sec. 2303, 3888. cases permitted. Penalty for grants. Sec. 965. All persons harboring vagrants, knowing them to harboring va- be such, shall, upon conviction, be fined in a sum not exceeding one hundred dollars nor less than fifty dollars, recoverable in the name and by the board of Metropolitan police, before any recorder or justice of the peace as aforesaid. Interference with collectors. Penalty for attempting to being quali fied. D. Sec. 958, 2304, 3889. Sec. 966. All persons interfering or attempting to interfere with State collectors in the discharge of their duties as prescribed in this act, shall be liable to fine and imprisonment, at the discretion of the court of their district. D. Sec. 3300. Act 1869, p. 146. Sec. 967. Any State collector, collecting or attempting to collect without 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 be imprisoned not less than two nor more than five years at hard labor. It shall be the duty of the attorney general to prosecute all such cases upon information from the auditor, for which he shall receive a fee of fifty dollars, upon conviction. Penalty for opposing or in officers. D. Sec. 136, 271, 3326. Sec. 968. It shall be a misdemeanor punishable by imprisonment for a term not exceeding two years, or by a fine not exsulting police ceeding five hundred dollars ($500) for any person, without justifiable or excusable cause, to use or to incite any person to use personal violence upon any of the commissioners, officers or members of the Metropolitan police force when in the discharge of their duties, or for any person to make use of abusive or threatening language to any of the said commissioners, officers or members of the said police force, or for any person not an officer or a member of said police force, to falsely represent himself with a fraudulent design upon persons or property as being such an officer or member, or upon any time of day to have, use, wear or display, without authority, any shield, badge, buttons, numbers or other insignia or emblem, such as are officially worn by the officers and members of the Metropolitan police force. Fraudulent badges, etc. fringing ferry D. Sec. 2258. Act 1869, p. 92. Sec. 969. If any other person than the said "Curtis Pollard, Penalty for in- Henderson Williams," their heirs or assigns, shall for hire or Privileges of pay transport or ferry any person, cattle or goods across the Jard and Hen- said river, so as to damage, destroy or oppose said ferry or its derson Wil liams." chartered rights within the limits specified in this act, such person so offending shall forfeit and pay the sum of fifty dollars for each and every person, animal or package of goods worth twenty dollars so transported, one-half of which sum shall inure to the party or parties owning the said ferry, and the other half to the treasury of the parish of Madison, and shall be recoverable be |