SEC. 2. That in order to prevent a violation of this aet, the corporation, person, persons or agent, so willfully offending shall forfeit and pay for each and every offense, the sum of one hundred dollars ($100.00) to be recovered before any court of competent jurisdiction; one-half of the said sum to be paid to the informant and one-half to the Charity Hospital of the city of New Orleans. SEC. 3. That the provisions of this act shall not apply to narrow gauge railroads under forty miles in length.

SEC. 4. That all laws and parts of laws in conflict herewith are hereby repealed.

BULLETIN BOARDS AT STATIONS.

Act 118, 1890, p. 160.

AN ACT to require Railroad Companies throughout the State of Louisiana to put up bulletin boards in a conspicuous place, at all regular and way stations, along their respective lines, and to keep posted thereon, for the information of the traveling public, or people generally, the time of arrival and departure of all regular trains, and when a train is not on schedule time, the number of hours or minutes said train is behind time, and to provide a penalty for failure to keep up a bulletin board as above described.

SECTION 1. That all Railroad Companies throughout the State of Louisiana are hereby required to put up bulletin boards in a conspicuous place at all regular and way stations where they have a telegraph operator, along their respective lines, and to keep them up continuously, and keep posted thereon for the information of the traveling public or people generally, the time of the arrival and departure of all regular trains, running on their respective lines, and when a train is not on schedule time, the number of hours or minutes that said train is behind time.

SEC. 2. That any railroad company violating the provisions of this act, without just cause, shall for each and every offence pay a fine of not less than one hundred dollars nor more than five hundred dollars, to be recovered in any court of competent jurisdiction within the parish, where said violation may take place. SEC. 3. That all laws and parts of laws in conflict herewith are hereby repealed.

Suit to recover fine is a civil, not a criminal proceeding. State ex rel. District Attorney vs. Judges, 43 An. 1164.

TO PROTECT LIFE AND PREVENT ACCIDENTS.

Act 39, 1882, p. 51.

AN ACT to protect life and prevent accidents on the trains and cars of Railroad Companies throughout the State.

SECTION 1. That all railroads now operating in the State of Louisiana, or which may hereafter operate in said State shall, at a point not less than one hundred and fifty feet from either approach of their bridges, cause stands to be erected, and from the same cause to be hung across the entire width of their track light ropes, properly knotted and hanging so low as to absolutely touch the head or body of any train-hand in ample time to notify him of his near approach to the bridge, and enable him to take the necessary precautionary means to avoid the possibility of injury.

SEC. 2. That the provisions of this act shall be carried out by the railroads now operating in this State within the next ninety days, and by railroads to be hereafter constructed before they go into operation.

SEC. 3. That in the event any railroad company should fail or refuse to comply with the provisions and requirements of this act, that the Governor shall, through the Attorney General of the State, cause such company to be enjoined from operating or running any trains in this State until said provisions and requirements are complied with.

REGULATING LABOR ON STREET RAILROADS.

Act 95, 1886, p. 131.

AN ACT to regulate the hours of labor on and connected with the street railroads, chartered under the laws of this State, and providing penalties for the violation thereof.

SECTION 1. A "Day's Labor," What Constitutes.-That twelve consecutive hours' labor in twenty-four, with reasonable time for meals, shall constitute a day's labor in the operation of all street railroads owned or operated by corporations, incorporated under the laws of this State, whatever motive power may be used in the operation of such railroads.

SEC. 2. Violation Prohibited-Exception.-That it shall be a misdemeanor for any officer or agent of any street railroad company to exact from any of its employees more than twelve consecutive hours' labor in the twenty-four, with one-half hour for dinner, constituting a day; provided, however, that in cases of accident or unavoidable delay, extra labor may be permitted for extra compen

sation.

SEC. 3. Violations-Penalty. That any officer or agent of any of said street railroads, who shall be convicted of violating any of the provisions of this act shall be fined, not less than ten dollars, nor more than fifty dollars, or shall suffer imprisonment in the parish prison, or jail, as the case may be, for not less than one day, nor more than sixty days, or both at the discretion, of the court; said fine to go to the benefit of the Charity Hospital at New Orleans (as amended by Act 71, 1892, p. 91).

NOTE OF DECISIONS.

The cases cited here relate more particularly to matters concerning railway companies alone cases deciding questions common to railway corporations and others are not mentioned, except as they incidentally refer to the subject.

Illegal Contracts.-An arrangement by which two competing systems of railroads agree to divide their earnings on traffic between given points, for which they were previously competitors, is contrary to public policy, and can not be judicially enforced. The court will not decree the nullity of the contract; it will abstain entirely from adjudicating any rights arising under it. Texas & Pacific Railway Company et al. vs. The Southern Pacific Railway Company, 44 An. 970.

A railroad corporation is a quasi-public agent. As such it is its duty to establish its stations at locations most convenient to the public. An agreement by the corporation to establish its depot at particular points for a consideration is illegal as against public policy. Heirs of Burney vs. Ludeling, 47 An. 74.

Fences and Appliances.-Railroad companies are not compelled to fence their tracks, nor does it assume the obligation to fence the entire track because it fences a part. Tillottson vs. Texas & Pacific Railway Company, 44 An. 95; Stevenson vs. Railway Company, 35 An. 498. It need use only such appliances as are in common use, and ordinarily sufficient to protect their own and other property from danger. Gamble vs. Illinois Central Railway Company, 48 An. 1180. See Edrington vs. Louisville, etc., Railway Company, 41 An. 96; Meyer vs. V., S. & P. Railway Company, Id. 639.

Rate of Speed.—In the absence of statutory regulations of the rate of speed, the rule is the highest rate compatible with the safety of the passenger. Houston vs. V., S. & P., 39 An. 796. See Peyton vs. Texas & Pacific. 41 An. 861.

Defective Track. Rutherford vs. Shreveport & H. Railway Company, 41 An. 793, and see Lane vs. Illinois Central Railway Company, 43 An. 833.

Crossings-Duty to Stop, Look and Listen.-White vs. Vicksburg, etc., Ry. Co., 42 An. 990; Herlish vs. L., N. O. & T. Ry. Co., 44 An. 280; Brown vs. Tex. & Pac. Ry. Co., 42 An. 350.

Miscellaneous.-Position of crew-engine running backward-Hamilton vs. Morgan, etc., Co., 42 An. 824. Deaf mute-Shexnayder vs. Tex. & Pac. Ry. Co., 46 An. 248. Walking on track in full view of engine-Houston vs. V. S. & H. Ry. Co., 39 An. 796. Duty of train crew to avoid injuring persons-Sullivan vs. V., S. & P., 39 An. 800. Damage by fire-Edrington vs. Louisville, etc., Co., 41 An. 96; Meyer vs. Vicksburg, etc., Co., Id. 639; Stoner vs. Tex. & Pac. Ry. Co., 45 An. 115; Gumble vs. Ill. Cent. Ry. Co., 48 An. 1180. Going on premises of corporation by implied permission-Settoon vs. Tex. & Pac. Ry. Co., 49 An. 810; Ballinger vs. same, 47 An. 722; Burbank vs. Ry. Co., 42 An. 1156.

Fares. A railroad company may make reasonable regulations as to manner of paying fares. McGowan vs. Morgan, etc., Ry. Co., 41 An. 732.

Interstate Commerce Law.-A claim for damages against a railroad company under the Interstate Commerce Law (24 U. S. Stat. at Large, p. 382) is not within the jurisdiction of the State courts. Copp vs. Louisville, etc., Ry. Co. 43 An. 511.

Compliance with Municipal Ordinances.-Signals, State vs. Cozzens, 42 An. 1069; Curley vs. Ill. Cent. Ry. Co., 40 An. 810.

Street Railways.-Tracks in common, Railroad Co. vs. Railroad Co., 48 An. 856; 44 An. 54, Id. 485; Compensation for use, Canal, etc., Co. vs. St. Charles Ry. Co., 44 An. 1069; Sale of franchise by municipality, Railroad Co. vs. Watkins, 48 An. 1550; Canal, etc., Ry. Co. vs. Crescent City Co., 41 An. 561; Duty to repair streets, State ex rel. City vs. Traction Co., 48 An. 567; State vs. N. O. City & L. Ry. Co., 42 An. 550, 44 An. 562; Exclusive privilege to use streets, N. O. City & L. Ry. Co. vs. City, 44 An. 728, Id. 748; Right to forfeit franchise, N. O. City & L. R. Co. vs. City, 44 An. 748; See Canal & C. Ry. Co. vs. City, 39 An. 709; City may regulate fares, Foreman vs. N. O. City & L. Ry. Co,, 40 An. 446; Robira vs. Same, 45 An. 1368.

See title "Expropriation," at p. 389, and notes, p. 391.

66

See title Municipal Corporations," at p. 562, and note at p. 580.

See Act 79, 1896. Cities, etc., may grant use of streets, etc., printed at p. 573. See Act 10, 1896. Proportion of cost railroads shall pay for paving street, printed at p. 571.

See Act 84, 1880. Special elections to aid railway enterprises, etc., printed at p. 373; see other acts on same subject, printed at pp. 374 and 375, and note at p. 376. Act 133, 1888. Summary remedies against corporations, printed at p. 152. Public lands, Congressional grants, etc.; see note at p. 707.

Act 14, 1890, train robbery a crime.

Act 47, 1890, offences against property of carriers. Both acts printed at p. 240. See Sec. 833, amended by Act 67, 1896, counterfeiting.

See Sec. 918, amended by Act 77, 1886, placing obstruction on track.

RECONVENTION.

3064. When plaintiff resides out of State or in another parish, reconvention may be had for any cause. See Code of Practice, Art. 375, part 2.

RECORDER.

3065. One in each parish; Const., Art. 121, makes clerk of District Court in each parish ex-officio Recorder.

3066. Powers and Duties.-They shall have power within their several parishes to make inventories, appraisements, partitions, receive wills, make matrimonial contracts, conveyances, protests, and generally all contracts and instruments of writing; to hold family meetings and meetings of creditors; to receive acknowledgments of instruments under private signature; to administer oaths in all cases connected with the discharge of their duties; to affix the seal upon the effects of deceased persons, and to raise the same; and all acts executed by them, in conformity with the provisions of article two thousand two hundred and thirty-one of the Civil Code, shall be. authentic acts. They shall also be recorder of mortgages, register of conveyances and marriage contracts, recorder of births and deaths, and of marks and brands (Act 53, 1865, 140).

3067 to 3079, providing for the election of Recorder; bond, oath, location of office, deputies, office hours, vacancies, etc., are obsolete; under Const., Art. 121, clerk of District Court in each parish is ex-officio Recorder; for Sec. 3077, see Sec. 2606.

3080. Archives of Office-Acts of Notaries.-The acts of notaries, when deposited in the office of the parish recorder, shall form a part of the archives of his office, and shall be immediately recorded by him as follows: If the act contains a conveyance of real estate without a mortgage, in a book of conveyances; if it contains a conveyance with a mortgage, it must be recorded in the mortgage book; and it shall be the duty of the recorder to grant copies of the original act deposited with him as aforesaid, under his signature and seal of office, which shall be considered legal evidence of the contents of the original acts.

3081. Time of Receipt to be Endorsed in Acts.-It shall be the duty of the recorder to endorse on the back of each act transmitted to him the time it was received by him, and to record the same without delay in the order in which they were received; and such acts shall have effect against third persons only from the date of their being deposited in the office of parish recorder.

3082. Registry to be Open for Inspection.-It shall be the duty of the recorder of mortgages for the parish of Orleans, as well as the several parish recorders, always to keep open to the inspection of every person who may wish to examine the same during office hours, the register of mortgages and privileges.

3083. Method of Indexing.-It shall be the duty of parish recorders to keep for each of the record books which he is required by law to keep, a double index, well bound; in one part of which shall be fairly entered, in the order of dates, the names and surnames of every vendor, obligor or mortgagor, the name of the party plaintiff, or first party to all acts and writings of record in such offices in each act recorded; and in the other part of which shall be entered in the same manner the names and surnames of every purchaser, grantee, obligee, or mortgagee, of all parties defendant to every judginent on record, and party of the second part to all instruments required by law to be recorded in such offices, or that may hereafter be recorded, together with the page of the book in which the act is recorded, and the number which shall have been affixed to said act, if it remained on file in the recorder's office (Act 170, 1867, 313).

3084. Double Indexes to be Provided. In those parishes in which double indexes have not been kept heretofore, or where there are none now extant, it shall be the duty of parish recorders to make out such indexes within one year following the promulgation of this act, and in the manner and form prescribed in the foregoing section for all record books now being in their respective offices, and for all other archives and papers as shall be found therein. For which services they shall receive a compensation of three cents for each entry made on said indexes, to be paid by the parish treasurer on the certificate of the district judge, attesting that the work has been completed according to law and the number of entries made on said indexes.

3085. Failure to Comply with Preceding Sections.-Any parish recorder failing to comply with the provisions of the two preceding sections shall be liable to a fine of five hundred dollars, to be recovered before any court of competent jurisdiction.

3086. Recording of mortgage to preserve privilege of married women for the preservation of their dotal or paraphernal rights. See Sec. 3988.

3087. Recording of bonds of tutors and certificates of inventory of minors' property. See Sec. 2360.

3088. Recording of bond of curator, etc., a condition precedent to appointment. See Sec. 1100.

3089. Recording of inventory of property of minor or interdict, or statement of its value under oath, operates as a mortgage on property of intermeddler. See Sec. 1101.

3090 to 3092. Minors have mortgage on property of natural tutrix' husband; recording adjudication of minor's property; re