clerks in cases

time for taking an appeal, or by final decision of the supreme Duties of court, it shall be the duty of the clerk of the court of the parish of final judgwhere the cause was tried, to return the said suit, and all the ments. papers belonging to the same, in the same manner as is provided how to bu exefor above, to the parish in which the suit originated, in order that cuted. the judgment be there executed.

Judgment,

Sec. 3910. When an interpreter may be deemed necessary by The judge may the judge, he shall receive the sum of two dollars for each suit in terpreter-bis which he may be called on to act, to be taxed with the cost.

appoint an incompensation.

WARRANTY.

Sec. 3911. Article three hundred and eighty-five shall be amended and re-enacted so as to read as follows: "If the defendant is cast in the action, the judge, when he gives a judgment against such defendant, must render at the same time a judgment in favor of the defendant, against his warrantor, for whatever indemnity may be due to such defendant, as well as for all the loss and damage he may have sustained by reason of the action.

But no sheriff, constable, or other officer of court, shall have the right to recover of any seizing creditor, sued as warrantor, the counsel fees of such sheriff, constable or other officer, incurred by calling such creditor in warranty, unless the latter shall, within ten days only from service of the call in warranty, fail to appear and make defense for the defendant who calls him.

C. P. 385; D. Sec. 552. Act 1853, p. 267.

procured by

Sec. 3912. The governor, at the expense of the State, shall procure or cause to be procured, one complete set of copper weights and weights, to correspond with weights of their like denomination measures to be used by the revenue officers of the United States, in their offices, the governor. together with scales for said weights, and a stamp or seal, with such device as the governor may deem proper; as also one complete set of measures, calculated for dry, liquid and long measures, of the same capacity and length as those of their like denomination used by such revenue officers aforesaid; which set of weights and measures, together with the scales and stamps, shall

weights and

be deposited in the office of the secretary of State, to serve as a general standard of weights and measures in this State.

Act 1855, p. 360.

Sec. 3913. It shall be the duty of the governor to nominate, Inspectors of and, by and with the advice and consent of the senate, appoint measures to be for each of the four districts of the city of New Orleans, a suitaappointed. ble person as a sealer of weights and measures, and he shall appoint in like manner, a person in each of the respective parishes of this Term of office. State, each of whom shall hold the office for the term of two years.

Duty of inspectors.

Penalty for neglect of duty.

Sec. 3914. It shall be the duty of the persons thus appointed, to visit all places of business, in their district or parish, for which they are appointed, once in each year, and at any other time when on complaint or by request, their services may be required, and to inspect all weights and measures used in the places of business, and when found to correspond with the standard of the State, to seal them or to give a written certificate of their correctness; but when found to disagree with the standard of the State, the inspector shall forbid their further use, until they shall have been corrected, approved and sealed. It shall also be the duty of the inspectors to attend upon all calls made upon them for performing the duties of their office.

Sec. 3915. It shall be the duty of each inspector to see that no other weights and measures but those established by law be made use of within the limits of this State; and in case of negligence or breach on the part of the inspector, he shall be condemned to pay a fine not exceeding two hundred nor less than Regulations to one hundred dollars. The common council of New Orleans are be passed by authorized to pass regulations or ordinances relative to the police of weights and measures, to insure within the city of New Orleans the execution of this law.

common coun

cil.

Each parish to be furnished with set of weights and

measures.

Inspectors in
New Orleans to

procure
weights and
measures at

expense of the city.

Fees.

Sec. 3916. Each parish, as soon as practicable, shall be provided, at the expense of such parish, with a set of weights and measures, and a stamp conformably to those herein before set forth, the same to be kept by the parish recorder.

Sec. 3917. The inspectors for the four districts of the city of New Orleans, shall procure a set of weights and measures at the expense of the city.

Sec. 3918. The appointed sealer of weights and measures shall be entitled to and receive the following fees:

For each yearly visit and inspection of a full set of steelyards, or of scales with their weights, or of balances with their weights, or of a bushel measure and its parts, or of a gallon measure and its parts, or a set of yard-sticks, they shall receive twenty-five cents, and no more; for sealing each weight and measure, five cents; for the examination of each platform scale, cotton and tobacco scale, and its apparatus, fifty cents, and for sealing the same, fifty cents; the fees, in all cases, to be paid by the owners of the weights and measures inspected and sealed. The stamp shall be impressed, and payment required for doing the same only

on such as have not been stamped, or such as, having once been stamped, are found so defective as to require to be regulated with the standard.

how filled.

Sec. 3919. In case of vacancy, by death or resignation, the Vacancies governor shall have power to appoint.

measures, how

Sec. 3920. The inspectors only shall have the power to stamp Weights and weights and measures, and upon the stamp shall be the initials of stamped." the inspector's name.

buying or sell

other stand

Sec. 3921. No person shall buy or sell any commodity whatsoever, by weight or measure, which does not correspond with the Penalty for aforesaid standard, or is not stamped after the said parishes ing by any have procured the said standard of weights and measures as ard. aforesaid; or shall keep any such weights or measures for the purpose of buying or selling thereby, under the penalty of fifty dollars for each offense, besides the forfeiture of the weights and measures found to be false; and of a fine of ten dollars when the weights and measures shall be found to be just, though not stamped; said fine to be recovered before any tribunal of competent jurisdiction; one-half to the benefit of the informer, and the other half to the parish in which the offender resides. All weights and measures seized shall be forfeited for the benefit of the stamper, who shall not return them into circulation until he has made them conformable to his standard.

Sec. 3922. Whoever shall make, or cause to be made use of, or shall utter false stamps or seals, shall, on conviction thereof, be Penalty for subjected to the pains and penalties of forgery under the laws of stamps or this State.

using false seals.

selling un

Sec. 3923. It is forbidden to sell, or cause to be sold, meas- Penalty for ures and weights, unless they have been tried and stamped by stamped meas persons appointed for that purpose, under the penalties imposed weights. by the second preceding section.

ures and

ance inspect

Sec. 3924. The person appointed to inspect and seal weights What assistand measures may employ assistance when necessary, at their own ors may emexpense, but shall not commit their functions to a substitute with- ploy. out being subject to a dismissal from office by the governor. Sec. 3925. There shall be in this State a dry measure, to be known under the name of barrel, which shall contain three and a Barrel, its conquarter bushel, according to the American standard, and shall be divided into half and quarter barrels.

tents.

measure sold. Grain, how

Sec. 3926. Coal shall be sold by the barrel or bushel measure; Coal, by what grain shall be sold by the barrel, bushel or weight; the legal weight of a bushel of wheat shall be sixty pounds; of a bushel of sold. corn, fifty-six pounds; of a bushel of oats, thirty-two pounds; Legal weight of a bushel of barley, thirty-two pounds; and of a bushel of rye, thirty-two pounds.

of a bushel.

made quar

Sec. 3927. It shall be the duty of each inspector in the city of Return to be New Orleans, to make quarterly returns, under oath, to the treas- terly by inspec urer of the State, of all moneys collected for fines, together with a State treasuwritten statement thereof.

tors to the

rer.