Penalty for

warrants for

on his official bond to the party or parties offering them in all not receiving actual damages sustained by such party or parties, and in exemplary damages for at least double the amount of the taxes so refused to be received.

taxes.

Justices of the peace prohibited from issuing process

Sec. 2296. The justices of the peace within the parish and city of New Orleans are prohibited from issuing any process of against city of garnishment against the city of New Orleans and the board of New Orleans metropolitan police, and from serving any citation or interrogatories on the mayor of New Orleans, or any officer of said city or board of metropolitan police or commissioners or officers of said metropolitan police.

or police

board.

Judge of the

third district court to issue

such process.

Defining vagrancy.

D. Sec. 2099. Act 1869, p. 65.

Sec. 2297. When a plaintiff or party has obtained a judgment in any of the said courts of the said justices of the peace, and he has good reason to believe that the city of New Orleans or the metropolitan board or any officers of said city or board in their official capacity, are indebted unto the said judgment debtor, be shall present a petition to the judge of the third district court for the parish of Orleans, with a copy of his judgment, stating the reasons which he has to believe that the said city of New Orleans or board of metropolitan police, or the officers of said city or metropolitan police, are indebted to his judgment debtor, and the cause of said debt, together with his oath that he does not present this petition for the purpose of seizing salaries of officers exempt by law from seizure, or any property, debt or claim exempt from seizure; and if the said judge is of opinion that the process of garnishment is asked for seizing an indebt edness or claim liable to be seized, he shall order the said mayor of New Orleans, president of metropolitan police board, or any other officers, to answer the interrogatories within ten days from the service of the same, and the case shall be tried and judg ment entered for or against the garnishees, according to the existing laws.

D. Sec. 2100.

VAGRANTS.

Sec. 2298. All idle persons who, not having visible means to maintain themselves, apprehended with any picklock or other instrument with the probable intention to feloniously break in and enter any dwelling-house, shop, store, office, church, court-house, outhouse, appurtenant to a dwelling-house, yard or garden, or with any offensive weapon, with probable intention to feloniously assault any person, or who shall be found in any dwelling-house, shop, store, office, church, court-house, outhouse, appurtenant to a dwelling-house, yard or garden, with probable intent to steal or commit any crime or felony, shall be deemed vagrants.

D. Sec. 953, 959, 3877. Act 1869, p. 87.

Sec. 2299. 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 the board of metropolitan police, or any

grants.

commissioner of the said board of metropolitan police, at such Examination place to be designated by the said board, to be examined whether and trial of vaor not there is sufficient ground for such arrest. If the arrest is improper and not justified, the prisoner shall be released and set at liberty immediately. If, after a brief and summary examination, which shall take place within twenty-four hours from such arrest (Sundays and holidays not included), it appears that the arrest was made on sufficient grounds, it shall be the duty of said board, or of said commissioner detailed by said board, to designate a justice of the peace in the metropolitan police district, or recorder of the city of New Orleans, before whom the party charged with vagrancy shall be forthwith sent for examination. and trial, which shall take place within forty-eight hours, to begin from the time the prisoner and papers were receipted for by said justice of the peace or recorder.

D. Sec. 954, 960, 3878.

commitment

Sec. 2300. If after trial the justice of the peace or recorder be satisfied by the confession of the offender or by competent testi- Conviction and mony that such person is a vagrant within the description afore- of vagrants. said, he shall make up and sign a record of conviction thereof, which shall be filed in the office of the board of metropolitan police, and the said justice or recorder shall issue a warrant to commit such vagrant to the work-house 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 of refuge, to be provided by the common council of the city of New Orleans. The cost for maintaining such vagrants, arrested on the right bank Expenses. of the Mississippi river, or other parts of the metropolitan police district, shall be charged to the police juries of the parishes of Orleans (right bank), Jefferson and St. Bernard, and to the cities of Carrollton and Jefferson, respectively, and reimbursed by them to the city of New Orleans.

D. Sec. 961.

Sec. 2301. All vagrants apprehended with any picklock or other instrument with the probable intention to feloniously break Jury trial. in and enter any dwelling-house, shop, store, office, church, courthouse, outhouse appurtenant to a dwelling-house, yard or garden, or with any offensive weapon with probable intention to feloniously assault any person, or who shall be found in any dwelling-house, shop, store, office, church, court-house, outhouse appurtenant to a dwelling-house, yard or garden, with probable intent to steal or commit any crime or felony, shall be sent before a court of competent jurisdiction, and, upon conviction by the verdict of a jury, shall be punished with imprisonment, with or without hard labor, for a period not exceeding two years.

D. Sec. 956, 962, 3886.

claim trial by

Sec. 2302. Any person arrested under the provisions of this When may act shall have the right to a trial by jury before any court of compe- jury. tent jurisdiction; Provided, Such right is claimed before sentence Provided.

Release of vagrants.

Belonging to

by the recorder or justice of the peace before whom the examination shall take place, and it shall then be the duty of said recorder or justice of the peace to commit the prisoner to such court of competent jurisdiction, to be tried by a jury, and upon conviction, all vagrants or persons who do not belong to that class described in and to be punished by this act, shall be punished with impris onment in the work-house, in the city of New Orleans, for a period not exceeding one year; and if such vagrant be a proper object of charity, he shall be sent to some place of refuge to be provided for by the common council of New Orleans.

D. Sec. 963, 3880, 3887.

Sec. 2303. All persons condemned and sentenced by virtue of this act without a verdict of jury, may be released by the board of metropolitan police in the following cases only:

First-If the vagrant belongs to any other parish of the State, another par- and the police jury or any municipal corporation of said parish

ish.

Resident of

recommends and claims his release.

Second-If he is from any other State, and his release is recomanother State. mended and claimed by the city, town or county to which he belongs.

When a foreigner.

ant.

Third-If he is a foreigner, and the consul or the consular agent of his nation recommends and claims his release upon the assurance that he shall leave and not return to the State of Louisiana.

Fourth-If the board of metropolitan police have reason to preWhen repent-sume that the vagrant is repentant, and will demean and behave himself as an unoffending and law-abiding person, and is claimed and vouched for by two responsible citizens and property holders of the metropolitan police district, who will furnish said vagrant with permanent employment or work.

Penalty for

harboring vagrants.

right to ap

D. Sec. 964, 3888.

Sec. 2304. All persons harboring vagrants, knowing them to be such, shall, upon conviction, be fined in a sum not exceeding one hundred dollars nor less than fifty dollars, recoverable in the name and by the board of metropolitan police, before any or justice of the peace as aforesaid.

D. Sec. 965, 3889.

recorder

DUTY OF SHERIFFS IN METROPOLITAN POLICE DISTRICTS.

Sec. 2305. The right of the sheriffs of the parishes of Orleans, Restriction of Jefferson and St. Bernard to appoint or qualify deputies shall be point deputies. restricted to the number necessary to execute the process of the courts, and to do and perform all such duties as may be required by law necessary for the faithful administration of justice in the respective parishes.

D. Sec. 3635. Act 1869, p. 232.

Sec. 2306. Whenever it becomes necessary in either of the parishes of Orleans, Jefferson or St. Bernard, for the sheriffs, or either of them, in the execution of any legal process or warrant

apply to board

within their jurisdiction, to obtain additional force to enable him Sheriffs must to do so, he shall make application in writing to the board of met- of metropoliropolitan police, who shall immediately instruct the superintendent tan police. of metropolitan police to give to the sheriff applying the necessary assistance to enable him to execute the process.

D. Sec. 3636.

nish to metro

board a list of

Sec. 2307. It is hereby made the duty of the sheriffs of the parishes of Orleans, Jefferson and St. Bernard, within five days Sheriffs to furafter the passage of this act, to furnish the board of metropolitan politan police police with a list of the names of all the deputies in their employ, deputies. together with a statement of the duties they perform; and thereafter, whenever either of said sheriffs shall make an appointment of a deputy, he shall, before the deputy enters upon the discharge of his duties, make like report to the board of metropolitan police.

D. Sec. 3637.

in case of in

Sec. 2308. Upon all occasions of emergency or apprehension of riot, tumult, mob, insurrection, or pestilence, all power and au- Police powers thority shall be vested in and exercised exclusively by the metro-surrection or politan police board, and on days of election they shall exercise tumult. exclusive control, make all rules and regulations for the preservation of order at the polls, and enforce the same through the agency of the metropolitan police force; and it is hereby declared to be a misdemeanor for any sheriff or deputy, in either of the parishes of Orleans, Jefferson or St. Bernard, to do any act or exercise any authority, by virtue of any appointment or commission as sheriff or deputy, prohibited by this act; and any sheriff or deputy so offending shall, on conviction, suffer the penalties prescribed in section 2258 of this act.

D. Sec. 3638.

MILITIA,

Companies,

Sec. 2309. In any parish of this State, one or more compabattalions, etc., nies, battalions or regiments of uniformed militia may be organmay be organized, armed and instructed in accordance with the provisions of

Companies,

this act.

D. Sec. 1658. Act 1868, p. 44.

Sec. 2310. Whenever, in any parish, not less than twenty nor more than sixty citizens between the ages of eighteen and fortyhow formed. five years, shall form themselves into a company, and shall uniform themselves in such style as shall have been approved by the gov ernor, and shall apply for permission to organize such company, and to be exempt from duty in any other militia corps, the gov ernor shall have the authority, in his discretion, to approve such organization, and to commission from its members a captain, firstlieutenant and second-lieutenant, and the said captain shall have authority to appoint, by warrant, the non-commissioned officers of such company, and such company shall become a portion of the militia of the State.

Battalions.

Regiments.

D. Sec. 1654.

Sec. 2311. Whenever in any parish not less than two nor more than five such companies shall be organized and approved by the governor, he shall have authority to organize the same as a battalion, and commission a major, adjutant and quartermaster thereof, and such battalion shall become a portion of the militia of this State.

D. Sec. 1655.

Sec. 2312. Whenever not less than six nor more than ten such companies shall have been organized and approved by the governor, it shall be lawful for the governor to organize the same into a regiment and commission a colonel, a lieutenant-colonel, and surgeon thereof, and such regiment shall become a portion of the militia of this State.

D. Sec. 1656.