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to make contracts, etc.

come into their possession by virtue of this section, and the disposition made of the same, unless it shall appear that there are other persons entitled, by will or otherwise, to such property or distributive share thereof. Whenever it shall so appear, the portion only to which the next of kin or said minor orphans would be legally entitled shall be transferred to them or applied to their use, and the remainder shall be received, held and distributed to the parties severally entitled thereto, in the same manner and with the same authority as by law provided in respect to the Public Administrator of the city of New Orleans, except that the said commissioners are hereby authorized to distribute the same after a notice for creditors to appear and put in their claims within one week from the publication of the said notice. The said notice shall be published once in one of the daily papers of the city of New Orleans.

SEC. 1733. It shall be the duty of the Commissioners of ImmigraStatistics to be tion to collect and have published, in English, French and German, published, and such other languages as they may think proper, statistical information setting forth the aims of the commission, and the advantages of soil, climate and productions which Louisiana presents to the enterprising immigrant; to assist any and all immigrants from foreign countries who may desire to settle in Louisiana, by Commissioners giving counsel and information in making contracts for public means of transportation, to bring to the port of New Orleans, at the lowest rates of passage possible, such immigrants as may elect to come to said port, and to make arrangements with steamboats, railroads and other public means of transportation, to convey immigrants who may elect to settle in Louisiana, to their place of destination in a comfortable manner and at the least expense possible; to use every effort to inform, advise and assist immigrants; to visit and examine all vessels landing at the port of New Orleans which have immigrants on board, and to make a register of such immigrants, showing names, ages, places of birth, sex, profession, trade, destination, which register shall be filed in their office; to make a Annual report. report annually to the General Assembly of the State of the number of immigrants who have arrived, with a tabular statement showing ages, places of birth, sex, trade, profession and destination of all immigrants who may have arrived during the year at the port of New Orleans, together with such information and recommendations as in their opinion may promote immigration to the State of Louisiana, together with a full statement of the expenses and operations of the commission; provided, nothing in this section shall be so construed as to make the State liable for the passage money of any immigrant coming into this State or going into the interior.

Register of immigrants.

Immigrant depot

SEC. 1734. It shall be the duty of the Commissioners of Immigration to establish an immigrant depot, in which upon their landing immigrants may receive shelter, and of which said commissioners shall have entire control; to license suitable boarding house keepers in New Orleans, who shall agree to board and entertain immigrants at a rate of compensation to be fixed by them; to establish such care of immi- regulations as may protect the immigrant from fraud and imposition by designing persons, especially in exchanging money and in the purchase of tickets for transportation into the interior of this State or to other States; and to receive, investigate and cause to be redressed all claims for damages by foreign immigrant passengers on account of insufficient accommodation, bad or insufficient food and harsh treatment on shipboard, and they shall have power to seize

grauts.

tion of statistics

formation,

any vessel against which such claims shall be brought, and hold it until such claims for damages may be decided by the proper court. SEC. 1735. It shall be the duty of the Commissioners of Immigration to cause the preparation of a map of the State, showing the Annual publica usual features of a geographical map, geological formations, iso- for general inthermal lines and zo es of the leading staples and most important agricultural products; they shall annually collect and annually publish a volume of such statistics of the agricultural, mineral and geological products, commerce, climatology, health, schools, charitable institutions, railroads, canals, finances, social relations, crimes, etc., of this State, as they, the said commissioners, may deem best suited to inform the people of this and of other States of the resources of Louisiana, and contribute thereby to the growth and prosperity of the State.

SEC. 1736. It shall be the duty of the Commissioners of Immigration to establish a Labor Exchange in a convenient locality, and Labor exchange. in connection with the Immigrant Depot, which shall be open and free of charge to all persons wishing situations, and to all residents in this State wishing laborers; Provided, That said employers and laborers comply with the proper rules and regulations prescribed by the Commissioners of Immigration for the management of said Labor Exchange.

statements of lands.

SEC. 1737. The Commissioners of Immigration shall aid so far as possible both immigrants and such persons residing in this State as Homesteads and wish to avail themselves of the Homestead Act, to procure homes in the country thereby; also to assist in the sale and purchase of lands by furnishing blanks to land owners to be filled with a correct statement as to the location, size, value, title, price, incumbrances, etc., of the tract to be sold, and which, when sworn to by the seller, and attested by the recorder of the parish in which said tract is situated, shall be kept on file at the office of the Commissioners of Immigration, open at all business hours to all parties wishing to inspect or copy the same, free of cost and all charges whatsoever.

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SEC. 1738. Whenever any person shall wish to accuse a public officer before the Legislature, he shall address the House of Repre- 1855-370. sentatives a memorial containing a brief exposition of the acts of Memorial to be such public officer which are supposed to be contrary to law; the Legislature.

presented the

referred to a committee of the House.

memorial shall be sworn to and signed by him who presents it; and shall contain a list of the individuals who can give information relative to the facts set forth, with a notice of the several charges which each individual included in the list can substantiate by his testimony.

SEC. 1739. Whenever a memorial of the nature of the one menMemorial to be tioned shall be submitted to the House of Representatives, it shall be referred to a committee, who, after having examined the memorial and the accompanying documents, shall cause the public officer accused, as aforesaid, with the witnesses for the prosecution, to be cited to appear at a subsequent period, either during the same session of the Legislature, or any subsequent session thereof, according as said committee may deem expedient, taking into consideration the time that the General Assembly still has to sit.

Action of the committee.

Testimony in certain cases may be taken by commission.

attendance of

The accused may also, on his part, apply to the committee to obtain the necessary citations for the witnesses he may wish to summon in his defense.

SEC. 1740. At the appointed time, the committee shall proceed to swear and examine the witnesses, both for and against the accused, whose testimony shall be taken down in writing; they shall then make their report to the House of Representatives, and shall declare in the conclusion whether they are of opinion that the charges are well founded; in which case the House itself, after having obtained all necessary information, shall decide whether it be expedient to proceed by means of impeachment or by address.

In case the committee shall make a report in favor of the accused, the adoption of the report by the House shall be sufficient, and the accused shall be discharged, and can never after be brought before the Legislature for the same acts with which he has been already charged.

SEC. 1741. Whenever in the opinion of the committee, the witnesses shall reside at such a distance that their attendance at the seat of government must give rise to great expense and loss of time, the said committee shall prepare interrogatories and take their testimony by commission, as in judicial proceedings of the parish in which the witness may reside, who shall, on the receipt of the interrogatories, cause to appear before him the witness to whom they are propounded, and having administered the oath to him, shall take down in writing his answers and make him sign them.

The interrogatories thus prepared by the committee shall, previous to their being sent as aforesaid, be communicated to the accused or his counsel, who shall have a right to add his cross interrogatories, to which the witness is equally bound to answer.

The accused on his part shall be allowed to submit to the committee such interrogatories as he may wish to be propounded to witnesses in his behalf, and it shall be the duty of the committee, after having added such cross interrogatories as they shall deem proper, to direct the whole as aforesaid, that it may be proceeded upon in the same manner.

SEC. 1742. The magistrate to whom the interrogatories shall be Power of mag's. directed, as stated in the foregoing section, may employ all such trace to emoce means as are allowed by law to compel a witness to appear, and may condemn to a fine of not less than fifty dollars and not exceeding one hundred, or to an imprisonment not exceeding ten days, any witness for or against the accused, who being duly cited,

witnesses.

shall have refused to attend, or who having attended, shall refuse to answer to the interrogatories or sign his answer.

in certain cases

SEC. 1743. Whenever the culpability of a public officer shall be ascertained, either by the sentence of the Senate, or by the concur- Costs be paid rence of both Houses, agreeably to the constitution, all the costs by the officer arising from the investigation and prosecution of his suit shall be impeached. paid by said officer, which shall be recovered by a suit to be instituted against the party condemned, by the district attorney; and in order that the provisions of this section shall have full effect, it shall be the duty of the Secretary of the Senate and the Clerk of the House of Representatives, to make out a full statement of all costs incurred in the prosecution which shall come to their knowledge, and hand over the same to the district attorney.

SEC. 1744. In case the public functionary against whom an accusation shall be brought, should resign his office pending the Costs in certain inquest which shall have been ordered by the House, he shall be cases, how paid. bound to pay all the costs which shall have been incurred until that time, to be recovered in the manner provided by section 1743. SEC. 1745. All accusations pending before the Legislature at the time of their adjournment, shall be prosecuted and continued by the posed of. next Legislature.

Accusations pending at the

time of adjourn

ment, how dis

INJUNCTION.

SECTION.

District judge to grant injunctions 1746
Parish judges to grant injunctions
in absence of the district judge. 1747
Bond to be required by them.....1748
Certain cases in which injunctions
may be granted....
Cases in which injunctions may be
granted..

.1749

1750

SECTION.

.1753.

Bond to be furnished before injunc-
tion can issue......
Judgment which may be rendered
against principal and surety.....1754
Damages when a third person en-
joins
.1755
Seizure and sale of property by col-
lector in certain cases
.1756
Concurrent jurisdiction of Third
District Court......

Certain cases in which injunctions
can not be granted for the whole
amount of judgment.............. .1751 | Exclusive jurisdiction of Third

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1757

.1758

.1759

to grant injunc

SEC. 1746. The district judges shall have authority to administer oaths; to grant, at chambers, all orders relating to surrenders by 1855-491. insolvent debtors, and the appointment and administration of District judge syndics; orders of arrest, attachment, sequestration, provisional tions. seizure and injunction, and all orders relating thereto; writs of habeas corpus, orders of seizure and sale on executory process, orders for commissions to take testimony; and generally all orders not required by law to be granted in open court, in cases of which they have jurisdiction.

346

1868-12

to grant injunc

of the district

judge.

INJUNCTION.

SEC. 1717. The several parish judges shall have the power, in the absence of the district judge from the several parishes, or when Parish judges he is interested, to act in cases before the District Court in granting tions in absence orders of arrest, attachment, sequestrations, provisional seizures and orders of seizure and sale; to issue writs of possession and distringas; to grant orders setting aside sequestrations, and fixing the amount of the bonds therefor; to grant injunctions in all cases where it is legal to do so; to grant appeals and fix the amount of bonds thereof when the same is not fixed by law; to issue commissions to take testimony of witnesses residing out of the parish, and to appoint a commissioner to execute the same; and to fix the return day thereof; and to appoint tutors or curators ad hoc in all cases; and parish judges are empowered to grant these orders or writs when application is made to them in proper form according to the laws of this State therefor, and when the party or his attorney makes oath that the district judge is absent from the parish, or that, being interested, he is unable to give the orders.

1855-324.

SEC. 1748. When the sale of specific property is enjoined by the defendant or any third party, the bond shall be for an amount oneBond to be re- half over and above the estimated value thereof, as certified to by quired by them. the officer making the seizure.

Certain cases in

which injunctions may be granted.

be granted.

SEC. 1749. Injunctions may be granted on the application of any purchaser, whose property is seized for the payment of the price of a thing sold to him, whenever suit has been instituted against him for the recovery of the property.

SEC. 1750. Injunctions may be granted in all cases to stay execuCases in which tion when payment is alleged to have been made after judgment injunctions may rendered, when compensation is pleaded against the judgment, or where the sheriff is proceeding on the execution contrary to some provision of law, upon the petitioners making affidavit of the facts alleged, in order to obtain the injunction, and upon complying with the requisites prescribed by law.

Certain cases in which injunc

tions can not be

granted for the

whole amount judgment.

nished under

SEC. 1751. No judgment or execution shall be enjoined on an allegation of compensation, set-off, or subsequent payment, except for the amount of such sum plead in compensation, set-off, or payment, as shall be established by the defendant, according to law. And such judgment for any surplus that may exist, shall be executed in all respects, as if no such injunction had been granted.

SEC. 1752. Whenever an injunction is granted in any case proBond to be fur- vided in the preceding section, it shall be the duty of the judge to require from the person claiming such injunction, a bond and security in double the amount of the sum alleged to have been paid, conditioned for the payment of damages, in case the injunction shall have been wrongfully sued out.

preceding section.

nished before

SEC. 1753. It shall be the duty of the several clerks of the DisBond to be fur- tricts Courts, before they issue any writ of injunction, to take from the party requiring the same a bond, with one or more good securities, in the amount fixed by the judge granting the order, conditioned as the law requires.

injunction can issue.

Judgment

which may be
rendered
against prin-
cipal and surety

SEC. 1754. On the trial of injunctions, the surety on the bond shall be considered as a party plaintiff in the suit; and in case the injunction be dissolved, the court, in the same judgment, shall condemn the plaintiff and surety, jointly and severally, to pay to the defendants interest at the rate of eight per cent. per annum, on the amount of the judgment, and not more than twenty per cent. as damages, unless damages to a greater amount be proved; and the

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