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Act 162,1900-R. S. 3655

the State Board of Health on blanks to be furnished by the said secretary and that a record thereof shall be kept in the State Board of Health office in a separate record book, marked: "Vital Statistics for the Parishes of Louisiana," and compiled at the end of every year and included in the biennial report of the president of the State Board of Health.

[Penalty for Violations of Act.]

SEC. 3. Be it further enacted, etc., That any violations of the provisions of this act by any person or persons charged with its execution shall be guilty of a misdemeanor and shall, on conviction, pay a fine not to exceed fifty dollars ($50) or imprisonment in the parish jail for not more than sixty (60) days, or both, at the discretion of the court, for each and every offense.

[Repealing Clause.]

SEC. 4. Be it further enacted, etc., That all laws or parts of laws in conflict with the provisions of this act are hereby repealed.

See title "Physicians," Act 49, 1894, printed at p. 1235.

See Act 79, 1900, p. 129, providing for appointment and duties of Commissioner of Labor Statistics, printed at p. 995.

STEAMBOATS, VESSELS AND OTHER WATER CRAFT.

3651 to 3653. Liability of owner and captain of steamboats for certain accidents; manner of carrying gunpowder; shipping gunpowder without notice. See Secs. 948 to 950.

[Tiller Ropes-Chains.]

3654. It shall be the duty of the captains and owners or the agent of every steamboat, under the penalties mentioned in the first section, to substitute an iron chain for the rope now used as a tiller rope (Act 365, 1865, 163).

[Liability for Wood Taken.]

3655. Whenever the captain or other person in command of any steamboat shall take, or cause to be taken from any woodyard, any cordwood or wood of any other kind, he shall pay for such wood the price demanded by the owner thereof. case of refusal or neglect to pay the price so demanded, in the current coin of the United States, the owner of the boat shall

In

R. S. 3655-3663

pay the price thereof, together with fifty per cent. on such price, as damages resulting from the non-payment thereof; provided, that such damages shall in no case exceed fifty dollars, unless on proof of damage to a greater extent.

[Affidavit of Owner as Evidence.]

3656. It shall not be necessary for the owner of wood to furnish proof of his claim against any steamboat for cordwood taken, other than his affidavit, setting forth all the material facts connected with the taking of such wood, and refusal to pay therefor, accompanied with a certificate of the judge, or of a justice of the peace, in case of the absence or death of the judge of the parish in which the affiant lives, that he is of good standing as to veracity, and is a citizen of that parish, which affidavit and certificate shall be prima facie evidence; and any person making such affidavit falsely shall be guilty of perjury, and shall, on conviction, be punished according to law.

3657. Claim for cordwood is first privilege on boat. See Sec. 2895.

[Lights to be Carried.]

3658. All captains or commanders of steamboats navigating lakes, rivers, or bayous within the jurisdiction of the State of Louisiana, shall, when running during the night, be compelled to hoist each two lights, both on the hurricane deck, one forward, and the other at the stern, which lights shall be kept up without intermission throughout the night, under the penalty of five hundred dollars for every failure or neglect, to be recovered of the captain or other commanding officer of such steamboat, one-half of which penalty shall be for the use of the informer.

3659. Persons sustaining loss or damage by neglect, etc., have privilege. See Sec. 2896.

3660, 3661. Liability of vessel for costs; number of keepers, etc. See Sec, 779, 780.

3662, 3663. Attempt to cause desertion of crew or interfering with command; jurisdiction of trials. See Secs. 934, 935.

R. S. 3664-Act 145, 1874

3664, 3665. Intimidating crew or shippers; employees leaving before fulfilling engagement. See Secs. 944, 945.

3666, 3667. Seamen's baggage, tools, etc., may not be retained for boarding and lodging; limit (one dollar) recoverable against seamen. See Sec. 3491, 3492.

3668. Privileges for towing, etc. See R. C. C., 3237, Sec. 2.

3669. Privileges on ships, etc., by canal owners, continue only six months. See Secs. 2892, 2893.

[Effect of Record of Bills of Sale, etc.]

3670. In addition to the conveyances and securities now allowed by the laws of this State, all bills of sale, mortgages hypothecations and conveyances of ships, steamboats and other vessels, or parts thereof, made in good faith and for a valuable consideration, shall be valid, and the record thereof, if of vessels of the United States, according to the laws of the United States, or if of a foreign State, according to the laws of such State, shall be notice to all persons (Act 36, 1869, p. 35).

See Fort Pitt National Bank vs. Williams, 43 An. 418.

3671. Prescription of privileges against ships, etc. See Sec. 2817.

3672 to 3674. Provisional seizure of vessels; bonding by intervenor, by defendant. See C. P., Art. 289.

3675. Effect of record of bills of sale, etc. See Sec. 3670.

EXEMPTION FROM PAYMENT OF WHARFAGE.
Act 145, 1874, p. 261.

AN ACT to encourage the building of steamboats and other water craft in the State of Louisiana.

SECTION 1. That hereafter any steamboat or other water craft wholly built in the State of Louisiana, of more than one hundred tons measurement, shall not pay to any corporation fees for wharfage; provided, that such exemption shall not extend beyond seven years for completion or registry of said vessel.

SEC. 2. That this act shall take effect from and after its passage.

R. S. 3675-Act 73, 1874

EMPLOYMENT OF SAILORS ON LEVEES.

Act 73, 1874, p. 123.

AN ACT to prohibt the unlawful employment of sailors at work upon the levees or banks of the rivers in this State, and to punish violations of this act.

[Sailors Not to Be Employed on Levees.]

SECTION 1. That it shall be unlawful for any captain, master or mate of any seagoing vessel, or for any stevedore to employ sailors at any work on the levees in the State of Louisiana not strictly belonging to and included in regular sailor's duty, as defined and prescribed by the maritime law governing the employment and duty of sailors. [-Penalty Therefor.]

SEC. 2. That any captain, master or mate of any seagoing vessel who shall thus unlawfully employ any sailor within the jurisdiction of this State, or who shall by threats, punishment or duress, force any sailor thus to be employed, shall for each offense, on conviction thereof, be punished by a fine of not less than fifty dollars, or imprisonment for not less than one month, or both, at the discretion of the court. [-Connivance by Stevedore Therein.]

SEC. 3. That any stevedore who shall work or connive at the working of any sailor thus employed shall be punished as provided for in Section 2 of this act.

[Duty of Officers.]

SEC. 4. That all officers of the State or of the city of New Orleans are hereby prohibited from enforcing by capture, arrest or otherwise any unlawful employment of sailors as above prohibited.

[Officers of Vessels Deprived of Aid to Enforce Unlawful Contracts With Sailors.]

SEC. 5. That no captain, master or mate of any seagoing vessel who shall thus unlawfully employ any sailor, shall have the benefit of any law of the State or ordinance of the city of New Orleans heretofore enacted or that shall be enacted for the protection or assistance of captains, masters or mates in the enforcement of their contracts with sailors as against the sailor thus unlawfully employed.

[Repealing Clause.].

SEC. 6. That all laws and parts of laws in conflict with this act be and the same are hereby repealed, and that this act shall take effect from and after its passage.

See Act 93, 1888.
See Act 105, 1888.
See Act 47, 1890.
See Act 133, 1894.
See Act 124, 1890.

Public carriers to pay at point of delivery, printed at p. 1496.
Public carriers to transport troops, etc., printed at p. 1046.
To punish offenses against public carriers, printed at p. 409.
Maximum fares, printed at p. 1503.

Sale of unclaimed freight, printed at p. 1497.
See title "Harbormaster," "Salvage," "Seamen."

R. S. 3676-3684

SUBROGATION.

3676. Of surety who has paid twelve months bond to all rights of original creditor. See Sec. 3723.

SUCCESSIONS.

3677. Administration of successions of non-residents. See R. C. C., Art. 1220.

3678. Security which heirs must give when obtaining property which is in suit. See R. C. C., Art. 1012.

Succession of Conrad, 45 An. 94.

No notice to creditors is necessary when the heirs take the seizin of the succession property from the executors and go into possession by tendering the amount of the movable legacies, but they may, if they choose, exact security. Hart vs. Connolly, 49 An. 557.

[Jurisdiction of Courts.]

3679. The court in which the succession was opened shall have exclusive cognizance of all suits against sureties on bonds of appeal, and all others which they are bound by law to receive or exact from appellants and administrators, tutors, curators and executors generally, and no such suit shall be instituted against the security, until the necessary steps have been taken to enforce payment against the principal.

C. P., Arts. 162, 164.

3680. Creditors may administer successions when heirs, etc., renounce. See R. C. C., Arts. 1224, 1225.

[Disposal of Surplus, Where Succession is Renounced.]

3681. In all cases of renunciations of successions by the heirs, if there shall remain a surplus after payment of all debts, the same shall be paid over to the heirs who have made the renunciation, their heirs and assigns, as the case may be. 3682. Maintenance of heirs while succession is being administered. See R. C. C., Art. 1226.

3683, 3684. Foreign heirs and legatees to pay tax. See R. C. C., Arts. 1221 to 1223, re-enacted by Act 130, 1894, p. 165. See Note 3 "B," p. 1582.

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