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Payment of Trustees' Expenses.

2395. [Sec. 11.] The members of the Board of Trustees shall be paid their expenses incurred in attending the meetings of the board, out of the funds of the Institute.

Instruction.

2396. [Sec. 12.] The Institution shall provide all the requisite facilities for acquiring a good literary education, instructions in hygiene and physical culture and an industrial department in which instructions shall be given in such trades as may be best suited to render the pupils self-sustaining citizens.

DEFAULTER.

Procedure Against Defaulter.

2397. [R. S. 1127.] Whenever it shall appear from an official publication that any person, acting as an officer within the State, is a defaulter, it shall be the duty of the judges of the several District Courts to require the district attorney to proceed by rule against him for his removal from office, after ten days' notice.

Judgment.

2398. [R. S. 1128.] If upon the trial it should appear that he is a defaulter, the court shall declare the office vacant, subject to an appeal to the Supreme Court upon the defendant giving bond and security for costs.

Appeal.

2399. [R. S. 1129.] It shall not be lawful for any person to discharge the duties of an officer pending the appeal allowed by section 1128.

Penalty for Violation of Sec. 1129.

2400. [R. S. 1130.] Any person violating Section 1129, on due conviction thereof, shall suffer fine or imprisonment, or both, at the discretion of the court.

Reporting Defaulters.

2401. [R. S. 1131.]

It shall be the duty of the Auditor of Public Accounts, the presidents of the police juries, and the mayors of the several municipal corporations of this State, to re

port annually to the Governor, on or before the tenth day of November of each year, all persons who may be defaulters to the State, parish or municipal corporations, with the amounts of said defalcation, and any of said officers who shall fail or neglect to perform this duty shall forfeit the sum of five hundred dollars, to be sued for and recovered in the name of the State of Louisiana by the district attorney.

Defaulters Not to Be Commissioned.

2402. [R. S. 1132.] It shall not be lawful for the Governor to issue a commission to any person elected or appointed to office who may appear to be a defaulter by the reports on file in his office, unless it shall be proved to his satisfaction that such person was not a defaulter, or that he has paid the amount of his defalcation; such proof shall be made within ninety days from the date of the election at which said person was elected, or the date of the appointment of any such person to office; otherwise the Governor shall order a new election or make a new appointment, as the case may be.

Governor to Report and Publish Defaulters.

2403. [R. S. 1133.] It shall be the duty of the Governor to report to the General Assembly, and cause to be published annually, in the State paper, a list of all persons who may appear to be defaulters by the reports on file in his office.

Failure of Governor to report defaulting Tax Collector to General Assembly does not discharge defaulter's sureties, State ex rel. Dist. Atty. vs. Guilbeau, 37 A. 720.

Auditor to Publish Defaulters.

2404. [R. S. 1135.] It shall be the duty of the Auditor of Public Accounts, on the fifteenth day of December, annually, to publish in the official gazette of the State, for thirty days, the names of all persons who may have become defaulters to the State during the year, with the amount of said defalcation; and no person who shall be published as such shall be entitled to receive his commission until he has exhibited the proper discharge from the Auditor.

The Auditor's failure to publish annual list of defaulters does not discharge defaulter's sureties, State vs. Powell, 40 A. 234.

Defaulter Ineligible to Office.

2405. [R. S. 1136.] No person who at any time may have been a collector of taxes, whether State, parish, or municipal,

or who may have been otherwise intrusted with public money, shall be eligible to the General Assembly, or to any office of profit or trust under the State government until he shall have obtained a discharge for the amount of such collections, and for all public moneys with which he may have been trusted.

Con. 182.

Suspension of Officer in Arrears.

2406. [Sec. 1, Act 9, 1904, p. 11.] Whenever the Auditor of Public Accounts or the Police Jury of any parish, shall notify the Governor, that any officer, charged with the collection or custody of public funds, is in arrears, he shall make immediate demand upon such officer for settlement within a delay not exceding ten days, and in default of his making full settlement within said delay, the Governor shall at once suspend him from office.

Con. 223.

Appointment When Officer Suspended.

2407. [Sec. 2.] Whenever the Governor shall suspend any officer from office under the provisions of Section one of this act, he shall immediately appoint some person having the legal qualifications for such office to perform the functions thereof during such suspension. The person so appointed shall take the cath and give the bond required by law of the suspended officer, and shall exercise and perform all the powers and duties of such office.

Scope of Act.

2408. [Sec. 3.] This act shall not be construed as modifying, limiting or restraining the power of the Governor, under existing laws to remove for cause any Tax Collector appointed by him, or as in any way affecting the penalties provided for failure to make settlement within the time prescribed by law.

Defaulting Tax Collector.

2409. [Sec. 39, Act 175, 1898, p. 366.] Whenever any tax collector or ex-officio tax collector becomes a defaulter as shown by the books of the Auditor of Public Accounts, the Governor is hereby authorized to suspend such defaulting collector from office until such time as full and complete settlement has been made of all taxes and licenses by him collected.

Upon the Governor being notified that any of the tax collectors of the State are defaulters he shall call upon such default

ing officer to make good the amount demanded of him within ten days, and upon his failing to respond to such notice he shall immediately suspend him from office.

The provisions of this act shall in no wise abridge, repeal or modify the penalties under existing laws for failure to make settlements within the time prescribed by law.

When a tax collector or ex-officio tax collector is suspended as herein provided, the Governor shall have the power to direct the Auditor to take charge of all books, rolls and papers connected with his office as tax collectors until he makes proper settlement or his successor qualifies; and the Governor shall direct the District Attorney to institute suit to remove any sheriff from office who may be suspended as ex-officio tax collector under this act. Nothing in this act shall be construed to modify or restrain the power of the Governor or to remove any tax collector appointed by him.

Board Created.

DENTISTRY.

2410. [Sec. 1, Act 88, 1900, p. 136.] To carry out Article 297 of the Constitution requiring the General Assembly to provide for the protection of the people from unqualified practitioners in dentistry, the Louisiana State Board of Dentistry is hereby created with power to sue and be sued, to have a seal and a domicile, to adopt by-laws for its own government and regulations for carrying out the provisions and purposes of this act; and, generally with all powers and faculties necessary for the effectual carrying out of the purposes of this act.

Composition of Board.

2411. [Sec. 2.] The said Board shall be composed of five members to be appointed as follows:

The Governor shall appoint the five members of said Board, and fill all vacancies from the published list of registered dentists in the State. The term of office of the members of said Board shall be seven years and until their successors are appointed and qualified. But the members of the Board of Examining Dentists under Acts 32 of 1880, and 32 of 1894, shall constitute the first Board under the present act. They shall, however, be reappointed by the Governor, one for the term of two years, one for the term of three years, one for the term of four years, one for the term of five years and one for the term of six years.

Members of said Board shall qualify by taking the oath required of State officers. They, including the president, shall receive no pay except ten dollars per day for each day they are actually engaged on the business of said Board and five cents per mile for each mile necessarily traveled in going to and returning from meetings.

Officers of Board.

2412. [Sec. 3.] The officers of said Board shall be a president, to be chosen from among its members, and a secretary, exofficio treasurer; and such officers or agents as may be necessary to carry out the purposes of said act, and that the compensation or salary of said officers, including the secretary, even if the latter be a member of the Board, shall be fixed by said Board.

Records of and Payments by Board.

2413. [Sec. 4.] Said Board shall keep a record of all its acts and proceedings and of all receipts and disbursements of money, and shall make bi-annually to the Governor a full report.

Money accruing to said Board shall be received by the secretary and be at once deposited in some good and solvent bank. All payments by said Board shall be made by checks signed by the president and by the secretary, and the stub of said checks shall be kept, and each stub shall specify what the check corresponding to it was drawn for. The records of said Board shall at all times be subject to inspection by persons having an interest. The secretary shall give bond in favor of the Governor in the sum of one thousand dollars. (Amd. Act 132, 1902, p. 229.)

Meetings of Board.

2414. [Sec. 5.] Said Board shall in its by-laws fix the dates for its regular meetings which shall not be fewer than two yearly, and said Board shall not change said dates except at a regular meeting with all members present. For all other business three members shall constitute a quorum. Due notice of all called meetings shall be given to members. The first meeting, for the purpose of organizing, shall be held in New Orleans on the first day of August, 1900.

Expenses of Board.

2415. [Sec. 6.] The expenses of said Board shall be defrayed out of fees to be exacted from persons, colleges and students applying for certificates and licenses and out of fines imposed for violations of this act.

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