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 stamps or seals. subjected to the pains and penalties of forgery under the laws of

Penalty for using false

Penalty for

selling un. stamped

meas res and

weights.

this State.

SEC. 2923. It is forbidden to sell, or cause to be sold, measures and weights, unless they have been tried and stamped by persons appointed for that purpose, under the penalties imposed by the second preceding section.

SEC. 3924. The person appointed to inspect and seal weights What assistance and measures may employ assistance when necessary, at their own expense, but shall not commit their functions to a substitute without being subject to dismissal from office by the Governor.

inspectors may

employ.

SEC. 3925. There shall be in this State a dry measure, to be known Barrel, its con- under the name of barrel, which shall contain three and a quarter bushel, according to the American standard, and shall be divided into half and quarter barrels.

tents.

Coal, by what measure sold.

Grain, how so'd.

SEC. 3926. Coal shall be sold by the barrel or bushel measure; 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 corn, fiftyLegal weight of six pounds; of a bushel of oats, thirty-two pounds; of a bushel of barley, thirty-two pounds, and of a bushel of rye, thirty-two pounds. SEC. 3927. It shall be the duty of each inspector in the city of New Orleans, to make quarterly returns, under oath, to the Treasurer by inspectors to of the State, of all moneys collected for fines, together with a written statement thereof.

a bushel

Return to be

made quarterly

the State

Treasurer.

1855-372.

appointed.

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

SEC. 3928. The Governor, with the advice and consent of the Senate, shall appoint an inspector of flour, who shall also fulfill the Inspector to be duties of inspector of weights and measures, for the town of Washington, whose duties, compensation and penalties shall be the same as are now prescribed and are allowed by the existing laws regulating the same for the city of New Orleans.

His duties.

1865-80.

Inspector may

SEC. 3929. The inspectors of weights and measures, throughout the State of Louisiana, shall have the right of appointing one or

appoint deputies more deputies, at their own expense.

1868-80. Appointed by the Governor.

Inspection of weights and measures.

INSPECTION OF WEIGHTS AND MEASURES FOR THAT PORTION OF THE PARISH
OF ORLEANS ON THE RIGHT BANK.

SEC. 3930. The Governor shall, by and with the advice and consent of the Senate, appoint for the parish of Orleans, on the right bank of the river, a suitable person as a sealer of weights and measures, who shall hold the office for the term of two years.

SEC. 3931. It shall be the duty of the person appointed to visit all places of business in his district once in each year, and at any other time when on complaint or by request, his services may be

required, and to inspect all weights and measures in places of business, and when found to correspond with the standard of the State, to seal them, or, 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 said inspector to attend upon all calls made upon him for performing the duties of said office.

standard

SEC. 3932. The inspector for said parish on the right bank shall May procure be authorized to procure a set of weights and measures at the expense weights and of the parochial authorities thereof.

SEC. 3933. The person appointed sealer of weights and measures shall be entitled to receive similar fees to those paid to the inspectors of the city of New Orleans.

measures.

Fees.

Vacancy, how

SEC. 3934. In case of vacancy by death or resignation, the Governor shall have power to appoint, as provided in section 3930 of filled. this act.

authorized to affix stamps.

SEC. 3935. The inspector only shall have the power to stamp the Inspector only weights and measures, and upon the stamps shall be the initials of the inspector's name.

stamped weights

SEC. 3936. No person shall buy or sell any commodity whatsoever by weight or measures which does not correspond with the aforesaid The use of unstandard, or are not stamped, after the said parochial authorities and me sures have procured the standard of weights as aforesaid, nor shall keep prohibited. any such weights and 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 a fine of ten dollars where 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 aforesaid. All weights Penalties. 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. 3937. Fees in all cases to be paid by the owner of the weights and measures inspected or sealed; the stamp shall be Payment of fees imposed and payment required for doing the same only for such as have not been stamped or such as having once been stamped are found so deficient as to require to be regulated with the standard. SEC. 3938. The parochial authorities of said parish are authorized to pass regulations or ordinances relative to the police of weights in authorities and measures to insure within the said parish of Orleans, right bank, the execution of this law relative to weights and measures.

Duty of paro

SEC. 3939. It is forbidden to sell or cause to be sold measures Buying and selland weights unless they have been tried and stamped by the person ing by unstampappointed for that purpose under the penalties prescribed by section prohibited. 3936.

ed weights, eto.,

SEC. 3940. The person appointed to inspect and seal weights and measures may employ an assistant when necessary, at his own ex- Assistant. pense, but shall not commit his functions to a substitute without being subject to a dismissal from office by the Governor.

civi cases not

SEC. 3941. Witnesses in civil cases shall never be compelled to 1865-352. attend any court out of the parish wherein they reside, Fat when Witnesses in their testimony shall be wanted, the court having cognizance of the to be compell d case shall issue their commission authorizing some magistrate, or out of their any person of the parish wherein the witness shall reside, to parish. examine such witness and receive his deposition.

to attend court

he U.suline

SEC. 3942. No member of the religious order called the Saint Ursuline Nuns, established in the city of New Orleans, shall be Testimo y of compelled by any writ or process whatever to appear in any court to Nuns, how give testimony or be examined as witness in any court whatever, taken, 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.

SEC. 3943. Any witness who may have been summoned to attend Witness not any of the courts of this State to testify in a civil case, and shall compe led to appear and testify have, attended, claimed and received a certificate therefor, shall at subsequent not again be compelled to obey any summons for attending said not he has court in said case at a subsequent term, until he be paid by the been aid for atparty by whom he was summoned.

te m of court

tending at previous term.

peace may sum

plication of a

SEC. 3944. Whenever it shall be necessary to take the depositions of witnesses in this State, under commissions from any other Justices of the State or Territory, to be used as evidence in suits depending therein, mon witnesses it shall be lawful for any justice of the peace within this State, on to testify on apthe application to that effect, made by the commissioners of such commissioner. State or Territory, to use, if necessary, the same compulsory process to cause witnesses to appear and depose as in cases arising under the jurisdiction of any of the courts of this State.

the presiding

SEC. 3945. In every case now pending, or which may hereafter be instituted in any of the courts of this State, which are by law Testimony of provided with clerks, in which the judge of the court may be a judge, now material witness, the clerk of the court shall administer the oath to taken. 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.

Witnesse in criminal cases

allowed one dol. six indquarter

lar a day and

cents mileage.

185-352

SEC. 3946. Witnesses in all criminal prosecutions shall be paid 1861-181. one dollar for each day they may be detained on the trial of such cause, and six and a quarter cents for every mile they may necessarily travel, going and coming; Provided, That this act shall not take effect in the parishes of Orleans and Jefferson. SEC. 3947. Witnesses who are summoned to testify in prosecutions pending in other parishes than those in which they reside, shall receive a compensation of five cents for every mile they may necessarily travel in going and returning, and two dollars for every day they may be necessarily in attendance upon the court; and the sheriff shall receive five cents for every mile he may necessarily travel going and returning in executing any attachment issued for witnesses residing out of the parish.

Mile ge of wit

nesses testifying other parishes which they re

than those in

side. Sheriff's milage

SEC. 3948. No sheriff, deputy sheriff, police officer or juror, Certain persons while attending court as such, shall be allowed any compensation for not charge 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.

attenda..ce us

witness.

SEC. 3949. Every witness who shall attend upon a summons the Pay of witnesses Supreme Court upon the trial of a clerk be ore said court, shall re

in Supreme

Court,

1855-151. Witnesses for

the accused to

ceive 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.

SEC. 3950. When any prisoner or defendant, charged with having committed any crime or misdemeanor, shall swear that any witness then in the parish where he is to be tried, is material for his defense, be bound verto and that he has reason to fear and verily believes that he is about appear at court. to depart therefrom, it shall be lawful for the justice before whom the complaint was made, or for the court by which the prisoner or defendant is to be tried, to bind over the witness for his appearance before the court in the same manner as the witnesses on the part of the prosecution are bound over.

Witnesses for the state to be bound over to

SEC. 3951. When any person is brought before any justice of the peace charged with having committed an offense against the laws of the State, it shall be the duty of the justice to take in writing the appear at court. depositions of all the material witnesses on behalf of the State, and also to take their recognizance or bond in such sum as may be reasonable, conditioned for their appearance before the court having jurisdiction of the offense, there to give evidence in the case, and not to depart without leave of the court, which depositions and recognizances or bonds shall be forthwith returned to the clerk's office of the court having jurisdiction of the case. They shall also deliver to the clerk of said court the money, goods or chattels stolen, the weapons used, the bills or obligations forged, or any other property or piece of evidence that may be used on the trial; and it shall be his duty to receive and keep the same in safe and sure custody, subject to the order of the court, taking care to preserve the identity of the same.

SEC. 3952. In all criminal prosecutions in which the punishment Witnesses from to be inflicted may be death or imprisonment at hard labor in the other parishes penitentiary, witnesses may be compelled to attend the sessions of attend in certain the court from any parish of the State, if the prosecuting attorney

compe led to

cases,

served by the

sheriff of the

parish where

or any citizen, or the accused, shall state on oath what is expected to be proved by the witness, and the court, or judge in vacation, upon examination of the case and the affidavit shall, in his discretion, determine that the attendance of the witness is indispensable to the trial, and for that purpose the court before which a prosecution is pending, may cause to be issued subpenas and attachments to its officers, as the case may require.

SEC. 3953. It shall be the duty of the sheriff of the parish in Subpenas to be which the witness resides, to serve the subpenas and make due returns thereof without delay. In the parishes of Orleans and Jefferson, the sheriffs thereof may reciprocally serve all such wituess resides, subpenas in either of said parishes, but where attachments become necessary in order to coerce the attendance of witnesses, they shall be executed by the sheriff of the parish in which the prosecution is pending.