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nance 10091 Council Series, approved July 10, 1895, so far as it may find said plan desirable and practicable, with the right, however to modify the same as in its judgment circumstances may require.

It shall have power to make rules and regulations for the protection and conservation of all works under its control, both completed and uncompleted, and of all works necessary or incident thereto, and any violation of the rules and regulations established by the said commission, and duly promulgated in the official journal, shall be punished by a fine not exceeding $25 for each offense, or by thirty days imprisonment for each offense, or by both, in the discretion of the Recorder.

It shall be the duty of the City of New Orleans, at the request of said commission, to transfer to the custody and control of the said commission so much of the existing drainage plant or plants of the City of New Orleans as the said commission may deem necessary for their purposes; provided, however, that the said City of New Orleans shall always, out of her general budget, provide the necessary funds to run all drainage machines now in existence or that may hereafter be established by the commission, the true intent and meaning of this act being that the funds of the commission shall be applied only to the construction of permanent public works, and no part thereof shall be applied to the operation of said works.

Nothing in this section shall be construed as compelling the commission to take charge of any of the present existing systems unless in their judgment it may be advisable to do so.

Sec. 5. Be it further enacted, etc., That all work done or supplies and materials ordered by said commission, of every kind and nature, except emergency work in times of extreme peril from storm or flood, shall be let by contract to the lowest responsible bidder, by sealed proposals, or by public auction, as the commission may determine, after at least thirty days' advertisement in two newspapers in the City of New Orleans, on approved specifications, one of which specifications shall always be that the contractor shall give bond, with security satisfactory to the commission in at least one-fifth of the amount of his bid for the faithful performance of his contract; and in case the work estimated by the said specifications shall exceed the sum of fifty thousand dollars, bids for the same shall be similarly advertised in New York and Chicago, as well as in the City of New Orleans.

In all cases the right shall be reserved by the commission to reject any and all bids.

Sec. 6. (Amd.). Be it further enacted, etc., That the works performed by said commission shall, so far as possible, be done in such manner as to benefit all parts of the city without discrimination as to locality, and in order to raise funds for the purpose of doing such work speedily and on an extensive scale, said Drainage Commission of New Orleans shall have the power to issue and dispose of its negotiable bonds to an amount not exceeding one million, five hundred thousand dollars, in denominations of $1,000 each, bearing interest at the rate of five per centum per annum, payable semi-annually, to be sold by said commission at not less than par. Said bonds shall have forty years to run from November 1st, 1897, and shall when issued, and not before, be executed by the President and attested by the Secretary under the seal of the commission; shall be payable to bearer, and shall have semi-annual interest coupons attached bearing the engraved signature of the President. Such bonds may also be registered under such regulations as said commission may prescribe. All moneys and funds dedicated and applied by this act to the purposes thereof are primarily consecrated to the payment of the interest on said bonds; and the redemption of the principal thereof, as hereinafter provided, but any surplus of said funds inuring to said commission from taxes

of 1899, 1900, 1901 and 1902, and from other sources prior to January 1st, 1903, not required to pay current interest on said bonds, may be used for the general purposes of said commission. The commission, after year 1920 shall have the right, and it shall be its duty, to call in and pay not exceeding two hundred thousand dollars of said bonds in July of each year, and in the order of their issue, beginning with number one. The numbers of the bonds so called in, together with notice that said bonds will be paid on the ensuing first of January, and that interest thereon will then cease, shall be published in a New Orleans newspaper for thirty days. Said commission may also agree with any holder of said bonds that the same may be called in at any time after November 1, 1899. Any bonds which may be hereafter authorized in excess of the above amount of $1,500,000 shall be subordinate to issue above limited.

(As amended by Act No. 63 of 1898.)

Sec. 7. (Amd.). Be it further enacted, etc., That all the provisions of this act, respecting the dedication and application of funds and moneys shall constitute a contract primarily with the holder or holders of said bonds, as aforesaid, to the extent aforesaid, and also with each and every person or corporation that may have entered into contracts with the said Commission; and the obligation of said contracts as to dedication and application of funds and moneys shall not be impaired, and may be enforced by any holder of said bonds, or by any contract creditor of said Commission, by proceedings of mandamus and injunction, or by other proper proceedings in court.

And in case such Drainage Commission shall cease to exist for any cause prior to the full payment of said bonds in principal and interest or shall fail to comply with the provisions of this act in regard to the application of said funds and money, the Board of Liquidation of the city debt shall be charged with the right and duty of applying said funds and moneys to the payment of said bonds in principal and interest according to the provision and intent of this act. (As amended by Act No. 63 of 1898.)

Sec. 8. (Amd.) Bt it further enacted, etc., That said Commissioners shall have power to employ such engineers and counsel as it may find necessary in the progress and execution of its work, and shall have the power to expropriate property according to existing laws, by legal proceedings in its name, in the parishes of Orleans, Jefferson or St. Bernard, and the right in all streets and in and over all lands of the State in the parish of Orleans and in the City of New Orleans, and in and over all lands of the State in the parishes of Jefferson and St. Bernard, is hereby granted to said Commission for any of its works, said Commission shall also have the right to arrange its power houses and the disposition of the electric energy thereby generated in such way and to construct such machinery, conductors, motors, flushing apparatus and other appliances as will give to the City of New Orleans sufficient electric power to light the whole of the said city with electric lights after the expiration of the present contract for lighting said city, in the year 1902; and further, to enable the City of New Orleans to flush gutters from the Mississippi River.

(As amended by Act No. 63 of 1898 and Act No. 72 of 1900.) Sec. 9. Be it further enacted, etc., That it shall be the right and duty of the Board of Commissioners of the Orleans Levee District in the exercise of its obligations under Act 79 of 1892, to co-operate with the Drainage Commission, in executing the plans of said commission, and in order to make such co-operation more effective the said Board of Commissioners of the Orleans Levee District shall have the power and authority to continue the levy of the tax of one mill on the dollar provided for in Section 5 of Act 93 of 1890, until the completion of the levee and drainage systems of the City of New Orleans.

Sec. 10. Be it further enacted, etc., That the said Commission shall semi-annually beginning on the first day of January, 1897, make to the Common Council of the City of New Orleans, a full and detailed report of all sums received and sums expcnded, the purposes for which expended, and a statement of the progress and character of the work contracted for and performed during the previous six months; and the said Commission shall, from time to time, if so required by the Council, present special reports as they may be demanded.

Sec. 11. Be it further enacted, etc., That no member of the said Commission shall receive any compensation whatever for his services as a commissioner, except traveling expenses incurred in behalf of the Commission.

Sec. 12. Be it further enacted, etc., That no member of said Commission shall ever be interested in any contract or in the profits of any contract made by said Commission, nor for six months after the termination of his connection with the Commission, under the penalty of the absolute nullity of said contract, nor shall any member of said Commission ever be surety for any contractor or officer of the Commission.

Sec. 13. Be it further enacted, etc., That all laws and parts of laws in conflict with this act are repealed, and this act shall be liberally construed to effect its object.

Approved July 9th, 1896.

ACT NO. 68 OF 1898.

AN ACT.

(To Prevent the Aulteration of Candy.)

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That no person, shall by himself, his servant or agent, or as the servant or agent of any other person or corporation, manufacture for sale, or knowingly sell or offer to sell any candy adulterated by the admixture of terra alba, baryter, talc or other mineral substance, by poisonous colors or flavors or other ingredients deleterious or detrimental to health.

Sec. 2. Be it further enacted, etc., That whoever violates any of the provisions of this act shall be punished by a fine not exceed ing one hundred dollars ($100), nor less than fifty dollars ($50) The candy so adulterated shall be forfeited and destroyed under direction of the court.

Sec. 3. Be it further enacted, etc., That all acts or parts of acts, inconsistent with the provisions of this act, be and the same are hereby repealed.

Approved July 11th, 1898.

ACT NO. 85 OF 1898.

AN ACT.

To regulate the sale, gift or exchange at retail of cocaine, and to provide penalties for its violation.

Be it enacted by the General Assembly of the State of Louisiana, That it shall be unlawful in this State to sell, give or exchange at retail any cocaine, except upon the written prescription, each time, of an authorized practicing physician, other than a physician owning,

controlling or in any manner connected with the store offering the cocaine for sale, barter or gift, provided that nothing herein shall be construed to interfere with or prevent the sale or barter of patent or proprietary medicines.

Be it futher enacted, etc., That every violation hereof shall be a misdemeanor and punishable upon conviction by a fine of not more than $100 and not less than $25, and imprisonment not exceeding thirty days, or both, in the discretion of the court.

Approved July 12th, 1898.

ACT NO. 89 OF 1898.

AN ACT.

Requiring the owners of animals dying from epidemic, infectious or contagious disease to cause the dead carcass of same to be burned to prevent the spread of such disease, and provide penalties for violation of this act.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That it shall be and is hereby made the duty of the owners of all animals dying from epidemic, contagious or infectious diseases to cause the same to be burned or buried immediately after death; the carcass of any animal or animals to him belonging which have died from an epidemic, infectious or contagious disease.

Sec. 2. Be it further enacted, etc., That any person who knowingly neglects or refuses to burn or cause to be burnt the carcass of any animal dying from an epidemic, infectious or contagious disease, shall be guilty of a misdemeanor and upon conviction thereof shall pay a fine of not more than twenty-five dollars or suffer imprisonment in the parish jail for not more than twenty days or both, at the discretion of the court, the provision of this act shall not apply to range stock.

Approved July 12th, 1898.

ACT NO. 90 OF 1898.

AN ACT.

To prohibit the throwing of dead animals into the rivers, bayous, and lakes of this State; and providing penalties for the violation of this act.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That it shall be unlawful for any person or persons to throw or cause to be thrown into the rivers, bayous, or lakes of this State the carcass of any dead animal.

Sec. 2. Be it further enacted, etc., That any person or persons found guilty of throwing into the rivers, bayous or lakes of this State any dead animal contrary to the provisions of this act, shall be guilty of a misdemeanor and upon conviction shall be fined not more than twenty-five dollars or imprisoned in the parish jail not more than one month, or both, at the discretion of the court.

Approved July 12th, 1898.

ACT NO. 109 OF 1898.

AN ACT.

Making it a misdemeanor to skin any dead cow, bull, steer or brute, the property of another, for the purpose of taking said skin and appropriating it to his own use and benefit, without the consent of the owner.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That whoever shall skin any dead cow, bull, steer or brute, the property of another, for the purpose of taking said skin and appropriating it to his own use and benefit, without the consent of the owner thereof, shall be guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall suffer fine or imprisonment or both, at the discretion of the court, provided that the owner shall have the right to claim the skin where found, without stopping the criminal prosecution.

Sec. 2. Be it further enacted, etc., That all laws or parts of laws inconsistent herewith are hereby repealed.

Approved July 13th, 1898.

ACT No. 111 OF 1898.
AN ACT

Requiring all persons owning or controlling steam plants operated in incorporated cities or towns containing fifty thousand (50,000) inhabitants or more to provide such plant with the necessary appliances to properly consume the smoke of said plant. The appliance adopted to be such as will consume not less than seventy-five (75) per centum of the smoke, and providing penalties for the neglect or failure to comply with the requirements of this act.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the owner, manager, director or agent of all steam plants, now existing, or which may hereafter exist within incorporated cities or towns of this State, containing fifty thousand (50,000) or more inhabitants shall, within nine (9) months after the passage of this act, provide for the use of said steam plant, smoke consumers, or other necessary appliances competent to consume not less than seventy-five per centum of the smoke resulting from the burning of fuel used in providing motive power for such plant, and shall have the appliance in operation within nine (9) months after the passage of this act.

Sec. 2. Be it further enacted, etc., That immediately on the pass. age of this act, the owner, manager, director or agent, or person or persons controlling steam plants now in operation, or which may be hereafter operated within incorporated cities or towns, containing fifty thousand (50,000) inhabitants or more, shall provide their plant with smoke consumers, in accordance with the provisions of this act, and the failure to place smoke consumers, or other necessary and suitable appliances in said plant within the time prescribed by this act, shall subject the person responsible for the control or management of said steam plant to a fine of twenty-five ($25) dollars, or thirty (30) days' imprisonment for each and every day that said plant is operated thereafter without the appliance, said fine to be recoverable before any court of competent jurisdiction.

Sec. 3. Be it further enacted, etc., That this law shall take effect from and after its passage.

Approved July 13th, 1898.

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