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Act 45, 1894, p. 50. AN Act authorizing women in certain cases to be appointed to the

tutorship of minor children. SECTION 1. That in all cases where minor children are left without father or mother and unprovided with a tutor, and where there is no male relation entitled to or who will accept the tutorship of said minors on complying with existing laws, it shall be lawful for the court having jurisdiction of the succession of the last deceased parent of the minors to appoint to the tutorship of said minors, upon the advice of a family meeting, any female person, over twenty-one years of age, who is related to said children within the fourth degree, as now fixed by the Civil Code of this State, the same as in all other cases providing for the appointment of tutors; provided the father or mother of said minors dying last shall have left a will, entrusting his or her minor children to the care and keeping of said female relation, or directing that they be raised by her.

SEC. 2. That in all cases where said female relation shall be a married woman her husband shall be bound in solido with her for all acts of tutorship committed or omitted by her and for which she is or may be legally responsible.

SEC. 3. That all laws or parts of laws in conflict with or inconsistent with this act be and the same are hereby repealed, and that this act shall take effect from and after its passage.

See Act 21, 1890. Sale of bonds at private sale, printed at p. 1788.

See Act 41, 1894. Surety companies as bond for tutor, printed under title “Insurance Companies," printed at p. 896.

See Act 76, 1900. Estate pays premium, printed under same title, at p. 899.
See titles “Minors,” “Mortgage,' "Succession."


An Act to regulate the times and manner of holding election for Sen.

ators in Congress. That the legislature of each State which shall be chosen next preceding the expiration of the time for which any Senator was elected to represent the said State in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress, in place of such Senator so going out of office, in the following manner: Each house shall openly, by a viva voce vote of each member present, name one person for Senator in Congress from said State, and the name of the person so voted for, who shall have a

R. S. 3875 majority of the whole number of votes cast in each house shall be entered on the journal of each house by the clerk or secretary thereof; but if either house shall fail to give such majority to any person on said day, that fact shall be entered on the journal. At twelve o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two houses shall convene in joint assembly, and the journal of each house shall then be read, and if the same person shall have received a-majority of all the votes in each house, such person shall be declared duly elected Senator to represent said State in the Congress of the United States; but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required ky this act, the joint assembly shall then proceed to choose, by a viva voce vote of each member present, a person for the purpose aforesaid, and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day, during the session of the legislature, and take at least one vote until a Senator shall be elected.

Sec. 2. That whenever, on the meeting of the Legislature of any State, a vacancy shall exist in the representation of such State in the Senate of the United States, said Legislature shall proceed, on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy, in the manner hereinbefore provided for the election of a Senator for a full term; and if a vacancy shall happen during a session of the Legislature, then on the second Tuesday after the Legislature shall have been organized, and shall have notice of such vacancy.

Sec. 3. That it shall be the duty of the Governor of the State from which any Senator shall have been chosen as aforesaid to certify his election, under the seal of the State, to the President of the Senate of the United States, which certificate shall be countersigned by the Secretəry of the State.

Approved July 25, 1866.

[Issue of Credentials.]

3875. Whenever any Senator in the Congress of the United States shall be chosen, copies of the resolutions of the Senate and House of Representatives, testifying such choice, signed by the President of the Senate and Speaker of the House of Representativs, shall be delivered to such person so chosen a Senator, as evidence of such choice.

R. S. 3876-3878 [Vacancies, How Filled.]

3876. Whenever a seat of a Senator shall become vacant during the recess of the Legislature, the Governor may make a temporary appointment until the next meeting of the Legislature, which shall then fill such vacancy in the manner before mentioned.


[Definition of Vagrants.]

3877. All idle persons who, not having visible means to 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 public 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 com

plained of by their families, shall be deemed vagrants (Act 120, 1855, 149).

See State vs. Burns, 45 An. 34.

[Vagrants, How Dealt With.]

3878. It shall be the duty of any sheriff, constable, police man, or other peace officer, whenever required by any person, to carry such vagrant before a justice of the peace of any parish, 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

R. S. 3879-3881

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. [Minors as Vagrants.]

3879. If any child be found begging alms, or soliciting charity from door to door, or in any street, highway or public place, such child shall be deemed a vagrant, and any justice of the peace of the parish, or any recorder of the city of New Orleans, shall commit such child to such a 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, or to some asylum in accord with the religious belongings or training of the child, or to the Society for the Prevention of Cruelty to Children; and the said child shall be there detained, occupied, employed or instructed in such labor as it shall be able to perform, until discharged therefrom under the rules of the place of refuge, or bound out by apprenticeship by the administrator of such place of refuge, or by parochial authorities (as amended by Act 28, 1892, p. 37).

Act of 1892 amends Sec. 955, which is like Sec. 3879. It was thought best to print amended section here. [Suspicious Persons, etc.]

3880. All persons apprehended with any picklock or other instrument, with the probable intention to feloniously break and enter any dwelling house, or with any offensive weapon, with probable intention to feloniously assault any person, or who shall be found in any dwelling house, out house, store, yard or garden, 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.

See Act 107, 1902. Vagabondage, etc., Sec. 11, printed at p. 448. [Second Conviction, How Punished.]

3881. All persons who shall be convicted a second time of any of the offenses mentioned in the preceding section, shall be condemned to imprisonment at hard labor for not more than three years, nor less than six months.

R. S. 3882-3903

[Harboring Vagrants, Penalty.]

3882. All persons harboring vagrants or suspicious persons, knowing them to be such, shall, upon conviction, be fined in a sum not exceeding five hundred dollars nor less than one hundred dollars.

3883 to 3890. Vagrants in the Metropolitan Police District (Act 87, 1869, p. 87), repealed Act 35, E. S. 1877, p. 57.


3891 to 3900 relate to change of, in criminal cases, on part of State (Constitution, Art. 169), of defendant's application therefor. Duty of clerk and sheriff. Not granted second time. Sentence, how executed. Transference of prisoner. Sureties and prisoner to appear before court to which cause transferred. See Secs. 1021 to 1030.


3901. In all civil actions pending in any court of this state, the judge thereof shall have power to change the venue, upon motion made in open court, upon cause shown, as hereinafter provided, and to remove the action from one parish to another in the district wherein they are pending, or to a parish in an adjoining district (Act 245, 1855, 303).

New Orleans, etc., Railroad Co. vs. Rabasse, 44 An. 178.

[Judge May Grant in Vacation.]

3902. The judge shall have power in vacation to grant an order for a change of venue; provided, it be by the consent of parties, or upon application of one of the parties, ten dars' written notice having been given to the adverse party of the time and place of the application. [Application, How Made.]

3903. In all cases, except those where the parties consent, the party applying shall present to the judge a petition in writing, stating the substantial reasons he has to believe that from the undue influence of the adverse party, from prejudice

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