fifty dollars, or imprisonment for not less than one month, or both, at the discretion of the court.

SEC. 3. That any stevedore who shall work or connive at the working of any sailor thus employed shall be punished as provided for in section two of this act. SEC. 4. That all officers of the State or of the city of New Orleans are hereby prohibited from enforcing by capture, arrest or otherwise any unlawful employment of sailors as above prohibited.

SEC. 5. That no captain, master or mate of any seagoing vessel who shall thus unlawfully employ any sailor, shall have the benefit of any law of the State or ordinance of the city of New Orleans heretofore enacted or that shall be enacted for the protection or assistance of captains, masters or mates in the enforcement of their contracts with sailors as against the sailors thus unlawfully employed.

SEC. 6. That all laws and parts of laws in conflict with this act be and the same are hereby repealed, and that this act shall take effect from and after its passage.

Act 76, 1880, p. 88.

AN ACT to restrict the employment of sailors and crews of foreign vessels from rolling cotton, handling cargo or laboring on the wharves or levee of the city of New Orleans, beyond the end of the ship's tackle.

SECTION 1. That no sailor or portion of the crew of any foreign sea-going vessel shall engage in working on the wharves or levee of the city of New Orleans beyond the end of the vessel's tackle.

SEC. 2. That any officer, sailor or member of the crew of a foreign sea-going vessel, violating section one of this act, shall be deemed guilty of a misdemeanor, and on conviction shall be imprisoned not more than ten days.

SEC. 3. That the provisions of this act shall not apply to the officers, sailors or others of the crew of foreign vessels hailing from countries having any treaty or treaties with the United States to the contrary. nor to any contract or contracts of which the United States courts have jurisdiction.

AUCTION SALES.

951. Auctioneer's duty when offering jewelry. See Sec. 153. 952. Right of purchasers of jewelry at auction. See Sec. 155.

VAGRANTS AND SUSPICIOUS PERSONS.

953 to 958. Who are vagrants; how they should be dealt with. Juvenile vagrants. Certain persons shall be reputed vagrants. Second offenses, how punished. Harboring vagrants. See Secs. 3877 to 3882.

959 to 965. Vagrants in Metropolitan Police District-are based on Act 87, 1869, p. 87, which was repealed by Act 35, E. S. 1877, p. 57. See Sec. 11 of preface.

968. Interference with State tax collectors. See Sec. 3300.

967. Attempt of Collectors to Act Without Qualifying.-Any State collector, collecting or attempting to collect any licenses or taxes in the name of the State of Louisiana, without having duly qualified and given bond in accordance with law, shall be subject to a fine of not less than one thousand dollars nor more than five thousand dollars, and be imprisoned not less than two nor more than five years at hard labor. It shall be the duty of the attorney general to

prosecute all such cases upon information from the auditor, for which he shall receive a fee of fifty dollars, upon conviction.

968. Opposing or insulting Metropolitan Police officers, is based on Act 92, 1869, Sec. 24, p. 97, which was repealed by Act 35, E. S. 1877, p. 57. See Sec. 11 of preface.

969. Infringement of Certain Ferry Privileges.-If any other person than the said "Curtius Pollard, Henderson Williams," their heirs or assigns, shall, for hire or pay, transport or ferry any person, cattle or goods across the said river, so as to damage, destroy or oppose said ferry or its chartered rights, within the limits specified in this act, such person so offending shall forfeit and pay the sum of fifty dollars for each and every person, animal or package of goods worth twenty dollars, so transported-one-half of which sum shall inure to the party or parties owning the said ferry, and the other half to the treasurer of the parish of Madison, and shall be recoverable before any court of competent jurisdiction; and the party so offending shall be imprisoned in the parish jail for the period of ten days for the first offence, and for the second offence shall be imprisoned not less than twenty nor more than thirty days (Act 75, 1869, Sec. 5, p. 74).

970. Officer of Drainage District, Refusal to Perform Duty.— If any officer of said drainage districts shall refuse to perform any duty required of him by this act, he shall be deemed guilty of a high misdemeanor, and, on conviction thereof, shall be punished by fine or imprisonment, or both, at the discretion of the court (Act 51, 1869, Sec. 8, p. 53).

971. Sheriff May Call for Assistance in Certain Cases.-The sheriff or his deputy, or the coroner or constable, in whose hands any warrant to arrest a person accused of any crime has been placed, shall have the right, and it is hereby made his duty, if he should deem it necessary to assist or enable him to execute any such writ, to summon as many persons as to him may seem necessary in making such arrest; and all such persons so summoned by any of said officers, not under eighteen nor over forty-five years of age, who shall fail or refuse to render such aid and to obey the officer in executing such writ, shall, on conviction thereof, be fined in a sum of not less than one hundred nor more than five hundred dollars, and be imprisoned in jail not less than one month nor more than six months, at the discretion of the court; and it is hereby made the duty of all such sheriffs, deputies, coroners, constables or other persons authorized to make arrests, to report to the next grand jury any such delinquency or failure to assist such officer (Act 123, 1868, Sec. 2 p. 161).

ACCESSORIES.

972. Accessories Before the Fact.-Whoever shall be convicted as accessory before the fact to any crime or offence shall suffer the same kind and extent of punishment, according to the circumstances of the case, as might lawfully be inflicted upon the principal offender for such crime or offence (Act 120, 1855, p. 130).

A person indicted under a statute (R. S. 791) which makes no provision for accessories, and under an indictment charging certain persons (of whom the accused was one), were present, aiding and abetting, etc., may be convicted as a principal. State vs. Littell et als., 45 An. 655, and he is liable to the same punishment as the principal. State vs. Hunter & Frank, 43 An. 160. The conviction of the principal is prima facie evidence of the guilt of the accessory. Id. See Sec. 853.

973. Accessories After the Fact.-Whoever shall be convicted as accessory after the fact to any crime or offence shall suffer fine or imprisonment, or both, at the discretion of the court.

PUNISHMENT.

974. Power of Judges in Certain Cases.-The judge shall have the power to sentence any person who may be convicted for a second or third offence to double and triple the penalty imposed by law; and for a fourth offence the person so convicted may be sentenced to perpetual imprisonment.

975. Sentence of Death, How Executed in Orleans. In all cases where the sentence of death shall have been pronounced upon any person in the parish of Orleans it shall be executed by hanging the person by the neck until he be dead within the enclosure of the prison of the parish, in the presence of the sheriff and at least four witnesses residing therein, who shall duly attest the same under oath, which attestation shall be returned by the sheriff to the court which pronounced the sentence.

See Sec. 983 and Act 79, 1884, printed under it.

CRIMINAL PROCEEDINGS.

976. Crimes, etc., How Construed.-All crimes, offenses and misdemeanors shall be taken intended and construed, according to and in conformity with the common law of England; and the forms of indictment (divested, however, of unnecessary prolixity), the method of trial, the rules of evidence, and all other proceedings whatsoever in the prosecution of crimes, offenses and misdemeanors,

changing what ought to be changed, shall be according to the common law, unless otherwise provided (Acts 1805, p. 440, Sec. 33;)

Only the acts denounced as crimes by statute are crimes in Louisiana, and it is only to acts so denounced that R. S. 976 refers when it declares that all crimes shall be taken, intended and construed, according to the com

mon law of England. State vs. Gaster, 45 An. 636. The use of the word "feloniously" in an indictment is necessary only when it is used in the statute to describe a crime, or where the statute refers to a common law offence by name, and the use of the word was essential at common law to describe the offence. State vs. Matlock, 48 An. 664; see also State vs. Callahan, 47 An. 496; Same vs. Stewart, Id. 417, 425; State ex rel. District Attorney vs. Judge, 48 An. 109; State vs. Desforges et al., Id. 74.

977. Prosecutions, When by Information.-Prosecution for offenses not capital may be by information, with the consent of the court first obtained. (Act. 121, 1855, 151).

Const., Art. 5. State vs. Terrebonne et al., 45 An. 26.

WHEN BY JURY OF FIVE.

Act 35, 1880, p. 35.

AN ACT to provide for the trial of offenses where the penalty is not necessarily imprisonment at hard labor or death.

SECTION 1. That it shall be the duty of the sheriff, immediately after the arrest and commitment of any person charged with an offense not necessarily punishable by imprisonment at hard labor or death, to notify the district attorney of such arrest.

SEC. 2. That district attorneys may file informations in the office of the clerk of the district court, which said filing shall be as valid as if made in open court. SEC. 3. The judges of the district courts, at terms other than regular jury terms, shall have authority to order a special jury, the number by them to be designated, for the trial of all criminal cases where the penalty is not necessarily imprisonment at hard labor or death.

SEC. 4. That in all trials held under the provisions of this act, said trial shall be before a jury composed of five persons; provided, that the accused may waive trial by jury and be tried by the court; and provided further, that in all such trials the accused shall be entitled to challenge five jurors peremptorily and any number for cause; and provided further, that the State shall be entitled to challenge three jurors peremptorily and any number for cause.

SEC. 5. That all laws or parts of laws contrary to or inconsistent with this act be and the same are hereby repealed.

Const., Art. 7.

The act is constitutional. State vs. Demouchet, 40 An. 205.

Const., Art. 29, is not violated by this act, which has no relation to Act 44, 1877 (Jury Act). State vs. Wright, 45 An. 57.

WHEN WITHOUT JURY IN ORLEANS.

Act 18, 1890, p. 14.

AN ACT to provide for the trial by the court without a jury of all criminal cases in the parish of Orleans in which the penalty is not necessarily imprisonment at hard labor or death and in which the consent of the accused is first had and obtained.

Whereas, Legal notice of the intention to apply for the passage of this law

has been given in the manner required by Article 48 of the Constitution of this State, and evidence thereof has been exhibited to the General Assembly.

SECTION 1. That in all cases of indictment or information originating and filed in the Criminal District Court of the parish of Orleans and city of New Orleans when the penalty is not necessarily imprisonment at hard labor or death, the accused shall be called upon immediately after arraignment or before he is required to file any motion, plea, or other defense, to decide and declare in open court whether he will waive the trial by jury to which he would otherwise be entitled under the Constitution and laws of this State and consent to be tried by the judge alone; whereupon the answer or decision of the accused shall be entered upon the minutes of the court; and if the accused shall decide and elect to waive trial by jury, and to be tried by the judge alone, the court shall fix and try the case without a jury according to such rules as it may prescribe.

SEC. 2. That all laws and parts of laws in conflict with or contrary to the provisions of this act be and the same are hereby repealed.

The act is constitutional. State vs. Robinson, 43 An. 383. See Hollinger vs. Davis, 146 U. S. 314.

978. Effect of Conviction.-No conviction for any crime or offense shall work corruption of blood, or subject the offender to any other forfeiture or penalty than such as is declared and specified by law (Act. 121, 1855, 151).

979. Costs of Conviction.-Every judgment of conviction shall subject the person convicted to the payment of all costs of the prosecution, whether so stated in the sentence or not. But in no case shall any person be subject to the payment of costs in any criminal prosecution when acquitted by the court or jury.

Act 136, 1880, Secs. 9, 10, printed at pp. 178, 179.
Act 19, 1886, and note, printed at p. 186.

980. Imprisonment for Failure to Pay Fine.-Every person being adjudged to pay a fine, shall, in default of payment or recovery thereof, be sentenced to be imprisoned for a period not exceeding one year.

981. Insolvent Laws for Fine and Costs.-Whenever a person is sentenced to imprisonment for a given time, and to pay a fine and costs, and to stand committed until they are paid, and he has not the means to make the payment, he may, after having served the time for which he was sentenced, be enabled to take the benefit of the insolvent laws for the fine and costs, or either of them.

A person sentenced to pay a fine of $200 and costs, and in default of payment to imprisonment, is not entitled to a release from imprisonment, because, after being imprisoned, he made a cession of his property, which was accepted by the court. His sentence is in the alternative, and R. S. 981 does not apply. State ex rel. Cawley vs. Judge, 45 An. 948.

982. Limitation on Discretion of Court.-Whenever the punishment of fine and imprisonment are left by law at the discretion of any court, the fine shall not exceed one thousand dollars, nor the imprisonment two years.