and are hereby appropriated for the purposes of public works and improvements, the manner and details of such appropriations to be ordered by the council. SEC. 66. The council shall not, under any pretext whatever, appropriate any funds for the government of the corporation to the full extent of the The council estimated revenues, but shall reserve twenty-five per cent, of said estimated shall reserve twenty five per revenues, which reserve and all sums, rights, interests and credits received cent of the revfrom miscellaneous or contingent sources, shall be appropriated by the enues. per council for the purposes of public improvements, as herein provided for. Real and SEC. 67. That all real and personal property in the city of New Orleans, sonal property whether owned by individuals or corporations, shall, for the purposes of liable to taxathis act, be liable to taxation, subject only to the exemptions in the consti- tion. tution of this State. SEC. 68. The term of real estate, as used in this act, shall be construed Definition of to include land and all buildings, machinery and structures of every kind, the term "real erected upon or affixed to the same, all immovable property, whether so by estate." nature or destination. SEC. 69. The term "personal property" shall be construed to include all Definition of household furniture, moneys, jewelry and plated goods or wares, goods, the term "perchattels, incomes, debts from solvent debtors, whether on account, contract, sonal property" note, due bill, bond, mortgage, certificate, sale, stock or share of stock in any incorporated bank, railroad or other institutions, certificate, or any other obligations, public stock, all stocks, moneyed or otherwise, any general property which is not real and known to the law of the State as movable. SEC. 70. The term income shall be construed to include all moneys, sal- Definition of aries, wages, pay, commissions, brokerage and fees received in compensa- the word "intion for labor and services rendered, all revenues and dividends received come." upon stocks in moneyed corporations not already taxed. Who shall suc SEC. 71. In case of the death, resignation or permanent absence of the ceed the mayor. mayor, the president pro tem. of the council shall act as mayor ad interim. SEC. 72. In all judicial proceedings, where, by law, bond and securities City dispensed are required from litigants, the city of New Orleans shall be dispensed from from giving security. furnishing bond and security. SEC. 73. Whenever the word river is used the Mississippi river is meant, What is meant and where a name of a street is used as boundary the middle of the street by the word is to be taken as the boundary line. "river." and police telegraph. Four telegraph operators, one SEC. 74. The commissioner of police and public buildings shall appoint, with the approbation of the council, one superintendent of the fire Superintendent alarm and police telegraph. The said superintendent shall be a competent of fire alarm telegrapher, shall hold his office for the term of four years, and the salary of said superintendent shall be eighteen hundred dollars a year; he shall give bond in favor of the mayor of the city of New Orleans in the sum of three thousand dollars. The commissioner of police and public buildings, with the consent and advice of the council, shall also appoint four telegraph operators, one lineman and one assistant lineman, and one battery- lineman and one man and messenger. The four telegraph operators shall receive each a sal- assistant lineary of twelve hundred dollars per annum; they shall hold office for the man. term of four years. The lineman shall receive an annual salary of twelve hundred dollars; he shall hold his office for the term of four years. The assistant lineman shall receive an annual salary of one thousand dollars, and shall hold office for four years. The batteryman and messenger shall receive a salary of six hundred dollars, and shall hold office for four years. SEC. 75. For the organization of the first government under this charter the governor is hereby directed to issue his proclamation, ordering an elec- Duty of the tion on the first Tuesday after the first Monday of November, eighteen hun- governor. dred and eighty-two, for mayor, comptroller, treasurer, commissioner of public works and commissioner of police and public buildings, four recorders and thirty councilmen, as provided for by this act. Said terms of mayor, comptroller, treasurer, commissioner of public works, commissioner of po lice and public buildings, four recorders and thirty councilmen, shall end on the Tuesday next following the third Monday in April, eighteen hundred and eighty-four, and the said election to take place every four years thereafter on the Tuesday next following the third Monday in April. Time the first city officers shall assume their duties. Officers elected to prepare the budget for the year 1883. Repealing clause. SEC. 76. The officers elected at the first election to be held under this charter shall assume the duties of their respective offices on the third Monday of November, A. D. eighteen hundred and eighty-two. SEC. 77. The officers herein elected shall prepare the budget of receipts and expenses for the year eighteen hundred and eighty-three within one month of their installation in office. SEC. 78. All laws in conflict, inconsistent or contrary to the provisions of this act, be and the same are hereby repealed. See Act 1870, p. 40, No. 14-taxes and licenses; Act Ex. S. 1870, p. 1, No. 1-amending Act 1866; Act Ex. S. 1870, p. 10, No. 5-mandamus and fi. fa.; Act Ex. S. 1870, p. 12, No. 6-education; Act Ex. S. 1870, p. 30, No. 7– Orleans and Carrollton; Act Ex. S. 1870, p. 104, No. 45-transfer records; Act Ex. S. 1870, p. 188, No. 76-New Orleans and Jackson railroad sale; Act Ex. S. 1870, p. 196, No. 84-city park; Act Ex. S. 1870, p. 213, No. 94— police tax; Act 1871, p. 1, No. 99-vagrants (D. sec. 3883-3590); Act 1871, p. 193, No. 82-justice of the peace; Act 1871, p. 194, No. 83-city park; Act 1871, p. 233, No. 100—floating debt; Act 1871, p. 243, No. 103 -floating debt; Act 1872, p. 124. No. 73-police tax; Act 1872, p. 31, No. 101-waterworks; Act 1873, p. 102, No. 48-schools; Act 1873, p. 123, No. 67-bridges; Act 1873, p. 170, No. 95, repealed by Act 1877, p. 199, No. 131; Act 1874, p. 54, No. 23-boundary St. Bernard; Act 1874, p. 60, No. 26-fifth justice's court; Act 1874, p. 65, No. 31-private markets; Act 1874, p. 78, No. 41– taxes; Act 1874, p. 119, No. 71-Carrollton; Act 1874, p. 17, No. 57-coroner; Act 1874, p. 228, No. 128-police tax; Act 1874, p. 229, No. 129—seyenth justice, criminal court; Act 1876, p. 10, No. 12-police; Act 1876. p. 35, No. 16-drainage; Act 1876, p. 51, No. 26-district attorney's fees; Act 1876, p. 116, No. 73-streets; Act 1876, p. 54, No. 31-bonded debt; Act 1875, p. 11, No. 13; p. 35, No. 16-police. Act 1877, p. 75, No. 57-premium bonds. Act Ex. S., 1877, p. 19, No. 14-slaughterhouse, board of health. 66 66 46 66 66 66 66 66 66 66 66 p. 220, No. 144-slaughterhouse. p. 21, No. 16-small-pox hospital. p. 28, No. 23-education. p. 115, No. 78-education. p. 51, No. 33-waterworks. p. 57, No. 35-police. p. 86, No. 55-criminal sheriff. p. 112, No. 75-vacancies. p. 19, No. 14-board of health. p. 126, No. 87-city park. p. 127, No. 88-to sue in courts. p. 128, No. 90-justices of peace. p. 127, No. 89-tax suits, costs. p. 128, No. 91-justices and constables. p. 208, No. 137-payment of taxes. NEAT CATTLE AND HOGS. Hogs and cattle belonging to residents of plantation owners therein, not SEC. 2474. No neat cattle and hogs shall be brought within the limits of this State for the purpose of grazing or herding the same not unless such cattle and hogs are owned by some person or persons the State or who are citizens of or residents in the State, or who are the owners or cultivators of a plantation or farm within the State. And all such to be grazed in neat cattle and hogs that may hereafter be brought into this State in violation of the provisions of this act shall be forfeited to the par- Penalty. ish in which the same may be kept for the purpose of grazing or herding. Act 1855, p. 278. this State. Certain cattle sold to citizens SEC. 2475. Any neat cattle and hogs that are now kept within the limits of this State for the purpose of grazing or herding, and that and hogs to be are owned by any citizens or residents of this State, or who are the forfeited unless owners and cultivators of a plantation or farm within this State, shall of this State or persons owning be forfeited to the parish in which they may be kept, unless the same property herein shall be removed from the State or sold to some person or persons months. who are citizens of or residents of the State, or who are the owners and cultivators of a plantation or farm within the State, within the period of six months from the promulgation of this act. within six Duty and compensation of district attorney or district tem. SEC. 2476. The district attorney of each judical district, or the district attorney pro tempore of any parish, shall, upon being informed by affidavit or otherwise of any violation of this act, proceed by information and other legal proceedings to have the forfeiture of such attorney pro neat cattle determined, and for which the district attorney shall be entitled to one-fourth of the said forfeiture. D. sec. 977. NEGOTIABLE RECEIPTS AND BILLS OF See Act 1876, p. 113, No. 72. negotiable re SEC. 2477. No cotton press owner or lessee, wharfinger or other person shall issue any receipt or other voucher for any goods, wares, Rules governmerchandise, grain, flour, or other produce or commodity, to any per- ing the issue of son or persons purporting to be the holder, owner or owners, thereof, ceipts. unless such goods, wares, merchandise, grain or other produce or commodity shall have been actually received into store or upon the Receipts given only for articles in control. Duplicate receipts. premises of such cottonpress, wharfinger or other person, and shall C. C. 2643 (2613), 3158 (3125); Act 1868, p. 193; Act 1876, Ex. S., p. 113, SEC. 2478. No cottonpress owner or lessee, wharfinger or other person, shall issue any receipt or other voucher, upon any goods, wares, merchandise, grain, flour, or other produce or commodity, to any perSon or persons, for money loaned or other indebtedness, unless such goods, wares, merchandise, grain, flour or other produce or commodity shall be at the time of issuing such receipt in the custody of such cottonpress owner or lessee, wharfinger or other person, and shall be in store, or upon the premises and under his control, at the time of issuing such receipt or other voucher as aforesaid. Act Ex. S. 1876, p. 113, No. 72, sec. 2. SEC. 2479. No cottonpress owner or lessee, wharfinger or other person shall issue any second or duplicate receipt for any goods, wares, merchandise, grain, flour or other produce or commodity, while any former receipt for any such goods, wares, merchandise, grain, flour, or other produce or commodity as aforesaid, or any part thereof, shall be outstanding and uncanceled, without writing across the face of the same, "duplicate." SEC. 2480. No cottonpress owner of lessee, wharfinger or other person shall sell or encumber, ship, transfer or in any manner remove, Written release or permit to be shipped, transferred or removed, beyond his control, required. any goods, wares, merchandise, grain, flour, or other produce or commodity, for which a receipt shall have been given by him as aforesaid, whether received for storing, shipping, grinding, manufacturing or other purpose, without the written assent of the person or persons holding such receipt. Shipping receipts or bills of lading. SEC. 2481. No master, owner or agent of any boat or vessel of any description, forwarder, or officer or agent of any railroad, transfer or transportation company, or other person, shall sign or give any bill of lading, receipt or other voucher or document for any merchandise or property, by which it shall appear that such merchandise or property has been shipped on board of any boat, vessel, railroad car or other vehicle, unless the same shall have been actually shipped and put on board, and shall be at the time actually on board or delivered to such boat, vessel, car or other vehicle, to be carried or conveyed as expressed in said bill of lading, receipt, voucher or document. SEC. 2482. Cotton press receipts given for any goods, wares, merchandise, grain, flour or other produce or commodity, stored or deposited with any cotton press, wharfinger or other person, or any bill owner of the of lading given by any forwarder, boat, vessel, railroad, transporta- Holder of receipt to be tion or transfer company, may be transferred by endorsement therein; deemed the and any person to whom the same may be transferred shall be deem- merchandise. ed and taken to be the owner of the goods, wares, merchandise, grain, flour or other produce or commodity therein specified, so far as to give validity to any pledge, lien or transfer made or created by such person or persons; but no property shall be delivered except on surrender and cancellation of said original receipt or bill of lading, with the endorsement of such delivery thereon. In case of partial delivery Receipts that all cottonpress receipts or bills of lading, however, which shall have are not negotiathe words "not negotiable" plainly written or stamped on the face thereof, shall be exempt from the provisions of this section. D. sec. 335, 2887, 2904. ble exempt. violation of this act. SEC. 2483. Any cottonpress owner or lessee, wharfinger, forwarder or other person, who shall violate any of the provisions of this act, Penalties for shall be deemed guilty of a criminal offence, and, upon indictment and conviction, shall be fined in any sum not exceeding five thousand dollars, or imprisonment in the penitentiary of this State not exceeding five years, or both. And all and every person or persons aggrieved by the violation of any of the provisions of this act may have and maintain an action at law against the person or persons, corporation or corporations, violating any of the provisions of this act, to recover all damages, immediate or consequential, which he or they may have sustained by reason of any such violation as aforesaid, before any court of competent jurisdiction, whether such person or persons shall have been convicted of fraud as aforesaid under this act or not. D. sec. 823. cable to all bills SEC. 2484. All the provisions of this act shall apply and be applicable to bills of lading and to all persons or corporations, their agents This act appli or servants, that shall or may issue bills of lading of any kind or de- of lading. scription, the same as it the words "forwarded and bills of lading" were mentioned in every section of this act. SEC. 2485. All receipts, bills of lading, vouchers or other documents, All receipts, issued by any cotton press owner or lessee, wharfinger, forwarder or bills of lading, etc., negotiable other person, boat, vessel, railroad, transportation or transfer compa- by endorsement ny, as by this act provided, shall be negotiable by endorsement in blank or by special endorsement, in the same manner and to the same extent as bills of exchange and promissory notes now are. SEC. 2486. No printed or written conditions or clauses inserted in or attached to any cottonpress receipt or bill of lading, which in any way limits the liability imposed by this act, shall have any effect or force whatsoever. SEC. 2187. So much of the preceding sections of this act as forbids No evasion permitted. |