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R. S. 3940-Act 147, 1888 COAL AND COKE BOAT GAUGERS, ETC.

Act 147, 1888, p. 207. An Act entitled an act for the appointment of two coal and coke boat

gaugers, to fix their compensation, and to define their duties. [ Appointment of Gaugers.]

SECTION 1. That there shall be appointed by the Governor, by and with the advice and consent of the Senate, two coal and coke boat gaugers, who shall have their offices in the city of New Orleans ; provided, however, that the Governor shall have the power to remove from office any coal and coke boat or barge gauger upon satisfactory proof made to him of negligence or official misconduct.

[Bonds They Shall Give.]

Sec. 2. Each of said gaugers shall give bond, payable to the Gov. ernor or his successor in office, with two sufficient sureties, in the penal sum of five thousand dollars, conditioned for the faithful performance of the duties required of him by law.

[Duty of Said Officers.]

Sec. 3. It shall be the duty of said gaugers when called upon for that purpose, to gauge any coal or coke boat or barge in the port of New Orleans or the State of Louisiana.

[Method of Measurement.]

SEC. 4. Such gauging shall consist in reducing the length, breadth and depth, inside measurement, of boats or barges, deducting all obstructions and displacements, into cubic inches and dividing said cubic inches by twenty-six hundred and eighty-eight (2,688), thus ascertaining the net measurements in bushels. Two and six-tenths (2.6) bushels shall constitute a barrel.

[Duty to Respond Promptly to Calls—Certificates.]

SEC. 5. In all cases it shall be the duty of the gaugers, or either of them, to respond promptly to any call made for their or either of their services, and to furnish a full and detailed certificate of gross measurements of the boat or barge gauged, and the allowance made for obstructions and displacements. [Fees.]

SEC. 6. The fee for gauging or regauging shall be ten dollars ($10) for each boat, and five dollars ($5) for each barge, to be paid by the seller, except as in hereafter provided. [Regauge.]

Sec. 7. The purchaser of any boat or barge of coal or coke, shall have the privilege of calling upon the said gauger or gaugers to regauge boats or barges in all cases where the original gauge is not

R. S. 3940- Act 137, 1894 satisfactory, and such regauge shall be adopted as the correct measure. If the original gauge shall be found to be correct, then the purchaser shall pay the fee for regauging; but if the regauge shows a less measure then the seller shall pay the fee.

(Coal and Coke Not to Be Sold Without Inspection.)

Sec. 8. No boat load of coal or coke shall be sold in this city or State until it has been inspected as provided for in this act. And any person who shall sell a boat load of coal or coke that has not been gauged as aforesaid, shall be liable to a penalty of fifty dollars ($50) for each boat or barge so sold, to be recovered, with costs of suit, in any court of competent jurisdiction, for the benefit of the Charity Hospital of New Orleans.

[Term of Office.]

Sec. 9. The term of office of said gaugers shall be four years. This act to take effect from and after its passage.

Inspection under this act is compulsory, does not violate Const., Art. 46, is pot a regulation of commerce, and does not impose an impost duty. State vs. Pittsburg, etc., Co., 41 An. 465.


Act 137, 1894, p. 172. An Act to compel the weighing or gauging in the State, of all bitumi

nous or anthracite coal or coke sold in Louisiana by boat, barge or car load.

[Gauge of Coal-Fee.] SECTION 1.

Be it enacted by the General Assembly of the State of Louisiana, That all anthracite or bituminous coal sold in this State shall be gauged or weighed by the State coal and coke gaugers in the State, whose fees, duties and responsibilities shall remain as now fixed by law, provided the fee for weighing shall not exceed one cent per ton (as amended by Act 58, 1902, p. 82). (Standard Measure.] Sec. 2.

That the standard measures for the bituminous and an. thracite coal in this State shall be the barrel containing 6,988 cubic inches and the


Act 64, 1898, p. 89.

An Act to adopt a standard for the measurements of saw logs and

providing penalties for the violation of the same. SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That what is known as Scribner's Lumber and Log BookDoyle's rules, which is as follows:

Take four off the diameter of log and multiply the square of half the remainder by the length of log; divide the product by four; quotient will show the number of feet contained in the log; be and the same is hereby adopted as the standard scale for the measurement of saw logs; provided, that Scribner's rule may be used by agreement of both parties. Provided said measurement shall not apply to cypress timber.

SEC. 2. Be it further enacted, etc., That any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars, nor more than one hundred dollars, or imprisoned in the parish jail not less than thirty nor more than ninety days.

SEC. 3. Be it further enacted, etc., That all laws or parts of laws in conflict herewith be and the same are hereby repealed.

Act 147, 1900, p. 231. An Act to adopt a standard scale for the measurement of saw logs

throughout the State of Louisiana. SECTION 1. Be it enacted by the General Assembly of the State Louisiana, That what is known as the Doyle's rule, or scale, shall be the standard rule for the measurement of saw logs in this State ; provided, that this act shall not prevent the use of a different rule or scale when both the seller and the buyer prefer to use a different scale.

SEC. 2. Be it further enacted, etc., That all laws or parts of laws in conflict herewith are hereby repealed.

SEC. 3. Be it further enacted, etc., That this act shall take effeet

R. S. 3941-3944


[Not Residing in Parish, etc.]

3941. Witnesses in civil cases shall never be compelled to attend any court out of the parish wherein they reside, but when their testimony shall be wanted, the court having cognizance of the case shall issue their commission authorizing some magistrate or any person of the parish wherein the witness shall reside, to examine such witness and receive his deposition (Act 292, 1855, 352).

C. P., Art. 134.

[Saint Ursuline Nuns.]

3942. No member of the religious order called the Saint Ursuline Nuns, established in the city of New Orleans, shall be compelled by any writ or process whatever to appear in any court to give testimony or be examined as a witness in any court whatever, but the deposition of such member shall be taken in the convent of the said Ursuline Nuns, under such rules, regulations and restrictions as are prescribed for the taking of testimony when the witness resides in any other parish than that in which the suit is pending.

[Fees for Attendance to Be Paid, etc.]

3943. Any witness who may have summoned to attend any of the courts of this State, to testify in a civil case, and shall have attended, claimed and received a certificate therefor, shall not again be compelled to obey any summons for attending said court in said case, at a subsequent term, until he be paid by the party by whom he was summoned; provided, said witness shall have made a demand for payment in writing upon the party who had him summoned, or his attorney, when he resides out of the parish, not less than thirty days before the first day of said subsequent term at which his attendance may be then required (as amended by Act 28, 1882, p. 42).

C. P., Art. 134.

3944. Deposition of resident witnesses for use in courts of another State; justices of the peace may take. See Sec. 604.

R. S. 3945-3951 [Testimony of Presiding Judge, etc.]

3945. In every case now pending, or which may hereafter be instituted in any of the courts of this State, which are by law provided with clerks, in which the judge of the court may be a material witness, the clerk of the court shall administer the oath to the judge, and shall take down his evidence in writing, if required by either party in the cause; and in such courts as may not be provided with clerks, it shall be lawful for any officer authorized by law to administer the oath to and take down the evidence of the judge in writing, and the clerk or other officer shall certify and sign the evidence, and the same shall be filed and used as evidence in the cause; provided, however, that the above formalities may be dispensed with by consent of parties in all cases, and the evidence of the judge taken in any other manner and form that may be agreed upon by them.

3946, 3947. Fees in criminal cases. Superseded by Act 7, 1877, Sec. 4, as amended by Act 17, 1896, printed at p. 1165.

See Act 37, 1890. Certificates of attendance, printed at p. 183.
See Act 19, 1884. Experts as witnesses; fees; printed at p. 184).

[Sheriff Not to Reserve Fees as Witness.]

3948. No sheriff, deputy sheriff, police officer or juror, while attending court as such, shall be allowed any compensation for attendance as a witness in any criminal case; nor shall any person be allowed for such an attendance more than is allowed in one case in the same day, or mileage for more than one case at a time.

[Fees of Witnesses Before Supreme Court.]

3949. Every witness who shall attend upon a summons the Supreme Court upon the trial of a clerk before said court, shall receive the sum of two dollars for every twenty miles he may necessarily travel in going to and returning therefrom, and the like amount for every day he shall attend, to be paid by the State upon a warrant signed by two of the judges, and attested by the clerk of the court.

3950, 3951. When witnesses for accused and State may be bound over to appear. See Secs. 1014, 1015.

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