SEC. 1858. All the proceeds of property forfeited and penalties incurred on the subject of the inspection of beef and pork, shall be Penalties, how one-half for the benefit of the Asylum for Orphan Boys, in the city of approp.lated. New Orleans, and the other half for the person prosecuting in the name of the State.

INSPECTION OF FLOUR IN THE CITY OF NEW ORLEANS.

to be app inted

SEC. 1859. The Governor shall appoint, as provided by law, and 1967–297. by and with the advice and consent of the Senate, five Flour Five inspectors Inspectors, who shall constitute and be known as the Board of Flour by the GovInspectors for the city and port of New Orleans; Provided, however, ernor. The Governor shall have power to remove from office any flour Proviso. inspector, upon satisfactory proof made to him of negligence, incompetency, or official misconduct of the same.

Bond five thou

SEO. 1860. Each of said flour inspectors shall give bond, payable to the Governor, or his successor in office, with two sufficient sureties, sand dollars. in the penal sum of five thousand dollars, conditioned for the faithful performance of the duties required of him by law.

SEO. 1861. It shall be the duty of said flour inspectors, when Duty of inspect called upon for that purpose, to inspect any lot or lots of flour in ors. the city and port of New Orleans, on the levee or in store.

SEC. 1862. Such inspection shall consist in a sufficient examination of the flour contained in barrels, or half barrels, or other Inspection. packages, as shall satisfy them as to the grade, soundness, condition, purity and quality of wheat flour contained in each package, and if found sound and in good condition, unadulterated, and of the full weight to each package, they shall brand the same according to the standard classification and weight fixed by them, conjointly with the Chamber of Commerce of the city of New Orleans, or, in case of the non-existence of said chamber, by the Merchants' Exchange Company of New Orleans; for which inspection, with certificate of same, when requested, they shall be entitled to receive, from the party Fees. requesting the inspection, at the rate of five cents per barrel for each and every package so inspected.

when author

ized.

SEC. 1863. Said inspectors shall be authorized, and it shall be their further duty, when, in their judgment, they deem it expedient, Inspection, to examine a sufficient quantity of any lot of flour arriving in the city or port of New Orleans, and offered for sale, or manufactured and put up in packages, or repacked, for sale or shipment in the city. or port of New Orleans, to satisfy themselves as to its soundness, condition, purity and weight, and if it be found by them to be unsound, or adulterated, or in a damaged condition, or of short weight, they shall proceed to inspect the whole lot, and brand each package so found accordingly; and for cach and every package so inspected and branded by them, they shall be entitled to receive from the owner, consignee, manufacturer, or packer of same, a sum at the Fees. rate of five cents per barrel, and no more; Provided, however, That Proviso. any interested party who considers himself aggrieved by the action of any inspector, in carrying out the provisions of this section, may require the approval of the Board of Commissioners of Produce Inspectors to such charge, before payment thereof.

SEC. 1864. For the inspection of flour, the inspector shall be provided with a half-inch barrel auger, with which each barrel of 1855-466. flour shall be bored into, so as to satisfy themselves of the quality of Flour, how inthe flour; and if any flour shall be found, on examination, to contain

spected.

Pexalty soninst a mixture of Indian meal, or any other mixture, the person offering owner in case of the same shall forfeit and pay the sum of four dollars for

mixture.

Penalty for

every

barrel

so mixed, and the flour shall be liable for the payment thereof. SEC. 1865. If any person shall alter or erase any brand or mark of the inspector, every person so offending shall forfeit and pay the brand or mark sum of fifty dollars for every such offense, one-half to the use of person prosecuting for the same.

altering the

of inspectors.

the

1867-327.

INSPECTION OF HAY IN THE CITY OF NEW ORLEANS.

SEC. 1866. The Governor shall appoint, as provided by law, and by and with the consent of the Senate, three Inspectors of Hay for Three inspect the city and port of New Orleans; Provided, however, That the Governor shall have power to remove from office any such inspector upon satisfactory proof made to him of negligence, incompétency or official misconduct.

ors of har to be

appointed by the Governor.

Each of said inspectors shall give bond, payable to the Governor, Bond five thou- 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, as provided by law.

sand dollars.

1868-120.

sale.

SEC. 1867. It shall be the duty of said inspectors of hay to inspect all lots of hay in the city and port of New Orleans, on the All hay to be in- levee or in store; they shall have a proper office, or offices, which spected prior to shall be open from eight o'clock in the morning until four o'clock in the afternoon, where shall be kept a complete record of all inspections of hay made by each inspector, disclosing the date of inspection, the name of the holder or owner of the hay inspected, gross and net weight, tare and classification; Provided, That no hay shall be sold in the city and port of New Orleans until it has been once inspected, as provided for in this act, and that any person who shall sell hay in said city and port, that has not been inspected as aforesaid, shall be liable to a penalty of one dollar for every bale of hay so sold, to be recovered, with costs of suit, in any court of competent jurisdiction.

Penalty for neglect.

1867-327. Inspection.

Fees

1855-465.

SEC. 1868. Such inspection shall consist in such an examination, weighing, classification and branding of hay as shall be determined and fixed upon by the Chamber of Commerce of the city of New Orleans, and for such inspection said inspectors shall be entitled to receive from the party requesting the same the sum of ten cents for each and every bale so inspected, and no more.

INSPECTION OF FLOUR, BEEF AND PORK IN THE PARISH OF JEFFERSON.

SEC. 1869. It shall be the duty of the Governor to appoint a Inspector of suitable person to be Flour, Beef and Pork Inspector in and for the pork for Jeffer- parish of Jefferson.

flour, beef and

son parish.

His foes.

His powers and duties.

SEC. 1870. Said inspector shall be entitled to the same fees as are now allowed to the inspectors of flour, beef and pork in and for the city of New Orleans.

SEC. 1871. He shall have and exercise the same rights, privileges and powers as are conferred by the several laws of this State upon the inspectors of flour, beef and pork for the city of New Orleans.

INSPECTION OF FLOUR AND OF WEIGHTS AND MEASURES FOR THE TOWN OF
WASHINGTON.

appointed.

SEC. 1872. The Governor, with the advice and consent of the Senate, shall appoint an Inspector of Flour, who shall also fulfill the 1855-372. duties of Inspector of Weights and Measures, for the town of In-pector to be Washington, whose duties, compensation and penalties shall be the same as are now prescribed and are allowed by the existing laws His duties. regulating the same in the city of New Orleans.

INSPECTION GENERALLY.

voluntary.

SEC. 1873. It shall be lawful for any owner, agent, consignee, or receiver of produce, to sell or ship the same, with or without inspec- 1855-829. tion; Provided, however, That the said owner, agent, consignee, or Inspection to be receiver, shall be bound to have any produce offered for sale inspected, when inspection shall be demanded by the purchaser. Said inspection, when required, shall be made by the inspector commissioned under the authority of the State.

to be made by

SEC. 1874. The officers of each insurance company incorporated by the laws of this State shall, within one month from the close or 1855-485. expiration of each year of the corporation, cause to be published in Annual report two or more daily newspapers published in the city of New Orleans, insurance comand for the term of at least one month, a full statement, under oath, panies. of the business of the company, which statement shall contain, first, the amount of premium received during the previous year, specifying what amount was received for life insurance, for insurance against fire, what on marine policies, and what on river policies; second, the

Report to be

by the agent of

panies not incorporated.

Penalty for neg

amount of losses incurred during the year, specifying and designating what amount of losses have been incurred by the different kinds of policies as aforesaid; third, the amount of capital, stating the portion of the same invested in securities, and the nature of the securities.

SEC. 1875. Every person acting as agent of an insurance company not incorporated by the laws of this State, and doing fire, marine or made annually river insurance within the city of New Orleans, shall, during the insurance com- month of January of each year, cause a full statement, under oath, of the business of the agency, to be published in the manner and form and for the term, as specified in the preceding section; and for the neglect or refusal so to do, shall forfeit and pay into the city lect or refusal to treasury the sum of one thousand dollars for each and every neglect or refusal. Whenever the parent or principal office of the agency shall publish an annual statement of its affairs, the time mentioned in the first part of this section for the publication of the affairs of the agency, shall be so far changed as to correspond with the annual statement of the insurance company, and shall then be published as aforesaid, within one month from the date of the publication.

make the report.

1855-208.

Orleans to be

tain cases, of the cause of fire, etc.

SEC. 1876. It shall be the duty of any one of the recorders of New Orleans, or justices of the peace, to whom application shall be A protest in New made for that purpose, to visit any building where a re may have evidence, in cer. happened, immediately after the fire shall have been extinguished, and inquire into the origin and cause of said fire, examine all witnesses whom the owners or insurers of the property destroyed may desire to have examined under oath, and make and preserve a true and correct record of proces verbal of their testimony, a copy of which record or proces verbal, certified by such recorder or justice, shall be admitted in evidence in any civil action. The party occupying or owning the property, his agent, or any one having the property in charge at the time of the fire shall be notified by the recorder or justice of the examination.

1859-142.

Weekly state

SEC. 1877. It shall be the duty of the several banks and insurance companies, incorporated in this State, on the first Monday of January next, and annually thereafter, to cause to be published in ments of un- some newspaper printed in the city of New Orleans, once a week, settled balances, for four weeks in succession, a list of the names of all parties who to be published may have in such institution any unclaimed or uncalled for sum of by banks and in- money, specifying the amount thereof, beginning from the several

claimed and un

how and when

surance com

panies in New Orleans,

Same publication to be made by all incorporated institu

dates of their incorporation, where the same are of three years' standing, or more, at the time of such publications, whether the same arise from deposits, dividends, interest scrip, or result from the nonpayment of any drafts, bills of exchange, certificates of deposit, or otherwise, drawn in favor of such person or persons, and not subsequently paid by such institution, or as in the case of certificates of scrip not subsequently paid or delivered to the owner thereof; also all interest on scrip due and unpaid for more than three years since the same became demandable; and generally all indebtedness of such institutions, in any manner whatever, of more than three years' standing, or where the evidence of the fact of the indebtedness is exclusively in possession of such institutions.

SEC. 1878. The said duty of publication, according to the provisions of this act, is hereby imposed upon all incorporated institutions receiving tions of this State, receiving deposits or declaring dividends on money, scrip, or other evidences of indebtedness; and the same shall be verified by the affidavits annexed thereto of the president and

deposits or declaring dividends.

cashier, where they are made by a bank, and of the president and secretary when made by an insurance company.

make said pub

so omitting to

SEC. 1879. Each and every omission to advertise in accordance Omission to with the provisions of this act shall subject the corpore on so lication subjects offending to a fine of one thousand dollars, recoverable before any the corporation court of competent jurisdiction, at the domicile where such corpora- ane. tion is established, in the name of and for the benefit of the Charity Proviso. Hospital of New Orleans; Provided, The publication herein directed Provisions of is only required when the sum exceeds ten dollars. SEC. 1880. This act shall not apply to the incorporated savings porated savings banks of this State.

SEC. 1881.

as a license:

this act not to apply to incor

banks of this State.

There shall be levied and collected an annual amount 1869-146.

Licenses.

Insurance com

From each insurance company, whether incorporated or not by the laws of this State and transacting an insurance business herein; panies. from each banking company or agency, unless exempted by their charter, one thousand dollars.

surance compa

SEC. 1882. The Mutual Aid and Benevolent Life Insurance Association and the Workingmen's Mutual Life Insurance Society 1869-174. of Louisiana, being institutions formed for benevolent purposes, be Certain inand the same are hereby exempted from the payment of all license nies exempt taxes, and this act shall take effect and be in force from and after from license tax. its passage.

SEC. 1883. All debts shall bear interest at the rate of five per 1855-352. cent. from the time they become due, unless otherwise stipulated.

Rate of legal interest.

Rate of conven

SEC. 1884. Article two thousand eight hundred and ninety-five of the Civil Code shall be so amended that the amount of conventional tional interest. interest shall in no case exceed eight per cent., under pain of forfeiture of the entire interest so contracted.

sue for interest

SEC. 1885. If any person hereafter shall pay on any contract a Right given to higher rate of interest than the above, as discount or otherwise, the when higher same may be sued for and recovered within twelve months from the rate than allowtime of such payment.

ed has been paid

holders of pro

SEC. 1886. The holder of any circulating note which may have 1855-214. been protested for non-payment, shall be entitled to damages at the Damages due rate of twelve per cent. per annum, in lieu of interest, until final pay- tested paper of ment, payable out of the general fund of the insolvent party.

free banks.