such lottery, or the sale of any lottery tickets or share of a ticket, or any other writing, certificate, bill, token, or other device, purporting or intended to entitle the holder, bearer, or any other person, to any prize, or share of or interest in any prize to be drawn in a lottery, shall be guilty of a misdemeanor, and on conviction shall suffer imprisonment not to exceed sixty days, or a fine not exceeding one hundred dollars, or both, at the discretion of the court, for each offense; one-half of such fine to go to the informer and the other half to the parish or the city of New Orleans, as the case may be, in which such offence is committed.

SEC. 5. That it shall not be necessary, in the trial of any person or persons for the offence or offences denounced by this act, to prove the existence of any lottery in which any ticket, share, or part of a ticket, device, token, or certificate thereof, purports to have been issued, or the actual signing of any such ticket or share, or device, token, or certificate thereof, nor that any such ticket or share, or device, token, or certificate thereof was signed or issued by authority of any manager of such lottery, or by any person assuming to have such authority, but in all cases it shall be presumed that such ticket, share or interest, device, token, or certificate thereof, was signed and issued according to the purport thereof by proper authority.

Act 25. 1892, p. 35.

AN ACT to prohibit the sale of lottery tickets and lottery drawings or schemes in the State of Louisiana after the 31st day of December, 1893 and providing for the prevention and punishment of all infringements or violation of this act. SECTION 1. That after the 31st day of December, 1893, it shall be unlawful to sell or offer for sale, give or transmit any ticket, certificate, coupon or share in any lottery or drawing scheme whatsoever in the State of Louisiana.

SEC. 2. That it shall be unlawful after the 31st day of December, 1893 to operate or conduct any lottery drawings for the distribution of prizes by lot or chance, or to advertise any such lottery scheme in any public newspaper, circular or otherwise or by personal solicitation, in this State.

SEC. 3. That any person or persons who shall sell, offer or attempt to sell any lottery tickets in this State after the 31st day of December, 1893 or who operates or attempts to operate, conduct or advertise any lottery scheme, after said date, and any person who has in their possession the wheel tickets, schemes or other paraphernalia of any such lottery drawings or schemes in this State shall be gullty of a felony and on conviction thereof shall be fined not less than one hundred dollars nor more than five thousand dollars for each offense and imprisoned with or without hard labor at the discretion of the court.

SEC. 4. That any corporation. association, syndicate, trust, individual or number of individuals who shall sell, advertise, solicit or attempt to operate the sale of lottery tickets or who shall expose such tickets for sale in any house, store, shops, window or in any place or manner, shall forfeit the sum of two hundred dollars to the State of Louisiana for each offense, which forfeit shall be recovered before any court of competent jurisdiction in a suit brought in behalf of the State by the Attorney General or by the district attorneys throughout the State and all such fines, forfeitures and penalties shall be paid into the school fund of the parish where recovered. Provided, that the provisions of this act shall not apply to the premium bonds issued under or provided for under act No. 31 of 1876 nor to the schemes authorized by said act.

SEC. 5. That all laws or parts of laws in conflict herewith be and the same are hereby repealed.

Act 169, 1894, p. 207.

AN ACT to suppress lotteries; to prohibit and punish the promotion, setting up or drawing of any lottery; to prohibit and punish the sale of lottery tickets, or the bonds or shares of stock of any lottery company; to prohibit and punish the advertisement of any lottery, the keeping of a lottery office, the acting as agent, manager, promoter, aider or abetter of any lottery or lottery drawing, the furnishing or renting of any room, house, or premises to be used for lottery purposes, or allowing the use thereof for such purposes; to prescribe penalties, and provide remedies therefor, and to make certain regulations concerning the evidence to be adduced on the trial of causes under this act.

SECTION 1. That whoever shall establish, set up, draw or run a lottery in this State, for himself or for others, as an individual, partner, shareholder, stockholder, officer, manager, or agent, shall, upon conviction, be imprisoned, with or without hard labor, not more than one year and fined not exceeding one thousand dollars, one-half of such fine to go to the informer securing the conviction, and the other half to go to the City of New Orleans, or parish in which the offense is committed, as the case may be.

SEC. 2. That whoever shall sell, barter, exchange, give, or otherwise dispose of, or offer to sell, barter, exchange, give, or otherwise dispose of, or shall have in his possession with intent to sell or offer for sale, to barter, exchange, give, or otherwise dispose of, directly or indirectly, personally or through an agent or agents, for himself or others, individually or as agent, officer or manager, any lottery ticket or fractional part thereof or lottery policy or combination, or device, or any other writing, certificate or token purporting or intended to entitle the holder or bearer, or any other person, to any prize or premium, or share or interest in any prize or premium drawn or to be drawn, or pretended to have been drawn or to be drawn, shall upon conviction suffer imprisonment in the Parish Prison or jail, as the case may be not exceeding sixty days, or fined not exceeding One Hundred Dollars or both, at the discretion of the Court for each offense, one-half of such fine to go to the informer securing the conviction, and the other half to go to the city of New Orleans, or the Parish where said offense is committed as the case may be.

The sale of each ticket shall constitute a separate offence; each day that such tickets are offered and held for sale shall constitute a separate offense; and the prosecution for one offence under this Section shall be no bar to the prosecution for another, whether it be alleged to have occurred before or after the first one prosecuted.

SEC. 3. That if any newspaper published or circulated in this State shall contain an advertisement of any lottery whatever or any space or matter intended to advertise or call attention to a lottery in such manner as may be calculated to promote its business, the publisher, proprietor, owner, manager, whether as an individual, employee, or corporate officer, shall upon conviction, be fined not less than fifty nor more than five hundred dollars, or be imprisoned not less than ten days nor more than sixty days, or both, for each offence, one-half of such fine to go to the informer securing the conviction and the other half to the city of New Orleans or parish where the offence is committed, as the case may be; and the issuance of each separate daily or weekly edition of the newspaper containing such advertisement shall be considered a separate offence.

SEC. 4. That if any person shall act as agent for any lottery or lottery company, or shall assume to act wherever said lottery may be located or pretended to be located, or if he shall receive any money or other thing of value for any such lottery or lottery company, or pretended lottery or lottery company, or as such agent deliver to any person any ticket or tickets, prize or premium, or if he shall pay a prize or premium won or pretended to have been won, in any drawing or pretended drawing, in any lottery, real or pretended, he shall, upon conviction be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned not less than one month nor more than six months, or both, for each offence, one-half of such fine to go to the informer securing conviction, and the other half to the city of New Orleans or parish, as the case may be.

SEC. 5. That whoever shall keep a lottery office or shop, in any place or manner, or shall rent a house, room, or space to be used for that purpose, or shall allow any house, room, or space upon any property owned, leased or controlled by him or her, individually or as agent, officer, manager, or stockholder, to be used as a lottery office or shop, or as as a place for drawing or promoting or carrying on a lottery, or for selling lottery tickets or for any other purpose calculated to aid and assist in carrying on a lottery or conducting its business, shall upon conviction, be fined not less than fifty nor more than five hundred dollars, or imprisoned not more than six months, or both, one-half of such fine to go to the informer securing conviction, and the other half to the city of New Orleans or parish where the offence is committed; each or any of said acts shall be considered a separate offence each day of the time during which said house, room, or space may be used for the purpose or purposes herein specified.

SEC. 6. That in addition to the penalties imposed by this act, and independent of the prosecutions which may be instituted under the same, each person

doing any of the acts herein forbidden shall forfeit the sum of two hundred dollars for each offence as herein defined to be recovered by suit; and it shall be the duty of the Attorney General in the city of New Orleans, and of the District Attorneys throughout the State, to bring the necessary suits to recover such forfeitures, and to enjoin any and all persons from violating this law, and from carrying on a lottery business in violation of the law. Each and every person doing any act herein denounced in connection with, or in the aid or service of any lottery or pretended lottery shall be liable, in solido, for any and all he forfeitures herein declared, and may be proceeded against and enjoined in the one suit, or in different suits, as the Attorney General or District Attorney may determine. Parties violating, disregarding, or evading any injunction herein authorized shall be punished for contempt of court by a fine not exceeding one hundred dollars or imprisonment not exceeding thirty days, or both, for each offence, one-half of such fine to go to the informer securing the imposition thereof, and the other half to the city of New Orleans or parish, as the case may be.

SEC. 7. That it shall not be necessary on the trial of any civil suit or criminal prosecution under this act to prove the existence of any lottery in which any ticket, share or part of a ticket device, token, or certificate thereof, purports to have been issued, or the actual signing of any such ticket or share, or device, token or certificate thereof, was signed or issued by authority of any manager of such lottery, or by any person assuming to have such authority, but in all cases it shall be presumed that such ticket, share or interest, device, token or certificate thereof, was signed and issued according to the purports thereof, by proper authority; nor shall it be necessary to prove that such ticket, share, device, token or certificate purported anything upon its face, but any paper, token, device, or understanding given and received as a pledge, that in some event a prize or premium will be paid to the holder shall be considered as a lottery ticket for the purposes of this Act; nor shall it be necessary to prove the actual sale of lottery tickets in a house, office, or premises, but any sign, tickets, sheets, bulletins, or other device, used to indicate that tickets are kept for sale, or to give information as to the result of any drawing or pretended drawing, shall be taken and accepted as sufficient proof of the keeping of a lottery office or shop.

SEC. 8. That it shall be the duty of the several sheriffs throughout the State and of the police in the several cities throughout the State to investigate when notified of the infraction of this law, and to arrest, without warrant, all persons found by them selling lottery tickets, keeping lottery offices or shops or running or drawing a lottery, or surrounded by the evidences of conducting a lottery, and to seize all wheels, tickets, sheets, baskets, balls, tables, property, and paraphernalia used in the conduct of such lottery business, and take persons, property, and paraphernalia before the proper magistrate or recorder, who shall commit the offenders for examination or trial, and hold the property and paraphernalia as evidence. All such property and paraphernalia as shall be the mere instruments of crime shall upon the order of the Judge of the Criminal Court of New Orleans, and of the District Court in the country parishes, be destroyed when it is no longer needed as evidence, and all property found in use for such unlawful purpose having a value for other and lawful purposes, shall be sold under the orders of the Court, and the proceeds paid to the parish or city, as the case may be.

SEC. 9. That it shall be the duty of all cities and towns throughout the State, in the exercise of its police power in the suppression of nuisances, to make and enforce ordinances against all lotteries, the keeping of lottery shops, the sale of lottery tickets, and the payment of lottery prizes or premiums, and the Attorney General and District Attorney shall have the power by civil proceeding to compel the performance of their duties in this regard by the various municipal officers and functionaries.

SEC. 10. That if any person licensed to carry on business in this State, or any corporation domiciled or doing business in this State shall sell or authorize or conduct the sale, for himself or itself, or for others, the bonds or shares, or certificates of stock, of any lottery company, or of lottery tickets of any lottery, wherever the same may be located or be pretended to be located such person shall forfeit his license and such corporation shall forfeit its charter; and it shall be the duty of the Attorney General or proper District Attorney to bring the necessary suit to forfeit the charter, to revoke the license, and to enjoin the sales

and the conduct of the business herein denounced; or he may in his discretion, sue out such injunction without demanding the forfeiture.

SEC. 11. That the provisions of this act shall not be construed as affecting the legality or prohibiting the premium bond plan now in operation in the city of New Orleans.

SEC. 12. That this act take effect from and after its passage, and all laws contrary thereto be repealed as to the future; but all laws on the same or similar subject matters shall be continued in force as to acts done, and penalties and forfeitures incurred, previous to the adoption of this act.

What constitutes a lottery. State vs. Boneil 42 An. 1110, Id. 1207; See State vs. Dobard, 45 An. 1414. Sale of ticket, when complete. Collins vs. La. Lottery Co., 43 An. 9.

LOUISIANA SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN.

OFFICERS AND AGENTS AS SPECIAL POLICE.

Act 112, 1892, p. 151.

AN ACT relative to the Louisiana Society for the prevention of Cruelty to Children; Their Officers, Agents, and the duties of Municipal Corporations with respect thereto.

That it shall be lawful for and the duty of the Mayor of any incorporated city or town, and the police Jury of any parish of this State, to appoint and commission as special police officers the officers of the Society for the prevention of Cruelty to Children, and such other agents as such society may nominate; and such Officers and Agents being so commissioned shall have the usual power of policemen and peace Officers; provided, that no city, town or parish shall be liable hereunder for any compensation to such officers and it shall be the duty of the police force of all incorporated cities and towns in the State as occasion may require to aid any such corporation for the prevention of Cruelty to Children, its members or agents in the enforcement in its respective locality of all laws which are now or may hereafter be enacted for the prevention of Cruelty to Children.

Act 32, 1892, and Act 60, 1894, society to receive all fines collected through its efforts, printed at p. 396.

Act 79. 1894, suit for removal of child from custody of parent, tutor, etc., may be conducted by society. See title "Minor."

MARRIAGES.

2202. Who may grant licenses. See R. C. C., Art. 99. 2203. All ministers of the gospel may celebrate marriages. See R. C. C., Art. 102.

2204. Ministers must first obtain license. See R. C. C., Art.

2205. Celebrant to prepare duplicate acts of the celebration and make returns. See R. C. C., Art. 105.

Act 28, E. S. 1877, Secs. 11, 13. Recording of act in parish of Orleans, printed under title "Quarantine," subtitle "Boards of Health."

2206. Violations of Revised Statutes, Secs. 2205, 2206.All violations of any of the provisions of the two preceding sections shall be punished by a fine not exceeding one thousand dollars.

2207, 2208. Judges of district and parish courts and justices of the peace may celebrate marriages. See R. C. C. 103.

2209. Construction of Arts. 101, 102 of C. C. now embodied in said articles.

2210. Bigamy, what constitutes. See Sec. 800.

2211. Certain Notaries May Celebrate.-From and after the passage of this act, the regularly commissioned notaries of this State, in and for the parish of West Feliciana, during their term of office, shall be empowered to perform within said parish the ceremony of marriage, under the formalities required by law, and said ceremony, when performed by them, shall have the same legal effect as when performed by any other person or persons authorized by existing laws to perform the same (Act 74, 1850, p. 42).

2212 to 2216 relate to legalization of certain marriages, their force and effect, benefits of acquets and gains and to legalization of consensual marriages. See Secs. 2174 to 2198 inclusive.

See titles "Legitimization, "Divorce."

MASTER AND WARDENS.

2217. Appointment of master and wardens of the port of New Orleans. Repealed by

Act 3, E. S. 1877, p. 4.

AN ACT to regulate the office of Wardens for the port of New Orleans, and to repeal sections two thousand two hundred and seventeen and two thousand and two hundred and twenty-nine of the Revised Statutes of Louisiana.

SECTION 1. That section two thousand two hundred and seventeen of the Revised Statutes of Louisiana be repealed; and that the Governor, by and with the advice and consent of the Senate, appoint as Wardens for the port of New Orleans, two competent persons familiar with sea service; and that said Wardens shall hold their offices for a term of two years.

SEC. 2. That said Wardens shall keep an office in a central position, and shall cause to be made, in a book or books kept for that purpose, an entry of all their surveys, to which all persons may have access at reasonable times; and that certified copies of said entries, under the official signature of either of said Wardens, shall be admissible in evidence without further proof.

SEC. 3. That either of said Wardens shall, when called upon by the master