under five dol he make it appear by the minutes of the Board that he voted against it. 142. [SEC. 887.] It shall be unlawful for any individual or Issue of notes association of individuals, authorized or not authorized to carry on lars prohibited. the business of banking, or for any body politic or corporate within the State of Louisiana, to make, emit, issue, or cause to be issued, pay out or receive in payment, any bill of credit, bank note, promissary note, issued within or without the limits of the State of Louisiana, or any other instrument of writing, to be used as money or as a circulating medium, in a less amount or of a less denomination. than five dollars. Any individual or association of individuals, or body politic or corporate, so offending, shall on conviction, forfeit for each and every offense the sum of twenty dollars, for the use of the parish in which the offense may have been committed. Penalty. 1859-167. Fictitious names abolished in partnerships. Penalty for offending. Partnership. 143. [SEC. 2668.] Hereafter no person shall transact business in the name of the partner not interested in his firm, and when the designation "and Company" or " & Co.," is used, it shall represent an actual partner or partners. 144. [SEC. 2669.] Any person, offending against the provisions of the foregoing section, shall upon conviction thereof, be deemed guilty of a misdemeanor and be punished by a fine not exceeding one thousand dollars, recoverable before any court of competent jurisdiction. Witnesses in Examinations of Persons Charged with High Crimes. 145. [SEC. 2.] In the examination of the cases provided for in 1870-94-Extra the foregoing section, it shall be the duty of the examining Judge to cause to be subpenaed all such witnesses as may be required by the nesses to attend Governor, the District Attorney or the District Attorney pro tempore, the examination or other person in the interest of the State, and their attendance session. Failure or refusal of wit and testify in of persons charged with high crimes. Penalty. enforced by attachment, if necessary, whose testimony shall be reduced to writing, sworn to and subscribed by them; and at the close of the examination the examining Judge shall deliver it to the Clerk of the court for such parish, and the same shall be competent evidence for the grand jury on their examination of the case, and in case of the death or absence from the State of the witnesses, shall be competent evidence on the trial of such accused before a petit jury or court. Upon the failure or refusal of any witness subpenaed in accordance with this section, to attend such examination and give testimony, he shall, upon due conviction, be fined one thousand dollars, and imprisoned in the parish jail for not less than three months. Offenses Relative to the Insane. 1855-453. Persons enter ing any of the closures, etc., of Duties of the 146. [SEC. 1772.] If any person shall, without permission, enter any of the buildings or inclosures appropriated to the use of the patients, or shall make any attempt to do so, or shall enter anywhere upon the premises belonging to said Asylum, and commit or attempt buildings, into commit any trespass or depredation thereon, or if he shall, either the Asylum, how punished. from within or without the inclosure, annoy or disturb the quiet of any patient confined therein, upon conviction thereof before the Mayor or any Justice of the Peace in the town of Jackson, he shall Mayor or any be condemned to pay a fine not less than five nor more than one hundred dollars for the use of said Asylum, subject to appeal to the District Court as in other cases. And the District Court shall have concurrent jurisdiction over the offending party, and, ing judgment, may impose a fine and imprisonment in the parish Court. jail for a term not less than ten nor more than thirty days or both, at the discretion of the court. in pronounc so, or Justice of the Peace in the town of Jackson relative to persons thus offending. Jurisdiction of the District Persons seduc to escape from the Asylum, how punished. 147. [SEC. 1773.] If any person shall abduct or seduce any patient to elope or escape from said Asylum, or shall attempt to do shall aid or assist therein, every such person shall, upon conviction in any patient thereof, be condemned to pay a fine of not less than fifty dollars nor more than five hundred dollars, for the use of said Asylum, and at the discretion of the court be imprisoned in the parish jail not less. than one month nor more than six months, or both, at the discretion of the court. Physicians in Practice. Penalty for practicing medicine without making affidavit 148. [SEC. 2679.] Any practitioner failing to comply with the requirement of section twenty-six hundred and seventy-seven of 1861-113. this act, shall not be permitted to collect any fees or charges for services rendered by legal process, and moreover shall be liable to a penalty of twenty dollars for each and every violation thereof, said of graduation. sum or sums be collected by indictment or information, as in other cases provided by law. CONSPIRACY. 1870-49-Extra session. 149. [SEC. 5.] Whoever shall conspire with another person or persons to commit or to procure the commission of the crime of mur- Conspiracy to der, rape, robbery, burglary, arson, perjury or forgery, on conviction bery, burglary, thereof, shall be imprisoned at hard labor not exceeding two years forgery. der, rape, robarson, perjury, Penalty. tering any house, planta tion or farm for same purpose. nor less than six months, and fined not exceeding two thousand dollars nor less than five hundred dollars, at the discretion of the court. 150. [SEC. 6. Whoever shall conspire with another person or Penalty for en- persons to commit or procure to be committed the crime of murder, rape, robbery, burglary, arson, perjury or forgery, and in pursuance of said conspiracy shall enter or approach any dwelling house, school house, church house, out house, storehouse, barn, cotton gin house, plantation or farm, or make any assault upon any person, or disturb any peaceable assembly, shall, on conviction thereof, be imprisoned at hard labor not exceeding ten years nor less than one year, and fined not exceeding two thousand dollars, at the discretion of the court. spiracy to com battery. 151. [SEC. 7.] Whoever shall conspire with another person or Penalty for con- persons to commit the crime of assault and battery, or by violence mit assault and or threats of violence to compel any person or persons to leave any town, city or parish, or any place where such person may lawfully be, on conviction thereof shall be fined or imprisoned, or both, at the discretion of the court, the fine not to exceed one thousand dollars and the imprisonment not to exceed one year. 1870-132. False accounts. Assistants to ad REGISTRATION AND ELECTIONS. 152. [SEC. 18.] Any Supervisor or Assistant Supervisor of Registration who shall swear to a false account, shall be deemed guilty of perjury, and upon conviction thereof shall be subject to the pains and penalties by law provided for perjury. 153. [SEC. 21.] The respective Supervisors and Assistant SuperSupervisors and visors of Registration shall each have the power to administer oaths minister oaths. to any person claiming the right to be registered, or in regard to any other matter or thing required to be done or inquired into by any of said officers under this act; and any willful false swearing by any person, in relation to any matter or thing concerning which they shall be interrogated by any of said officers, shall be punished as perjury. False swearing. tered persons. 154. [SEC. 26.] The Supervisor of Registration for each parish shall Oaths of regis require every person, before he is registered as a voter, to take and subscribe any of the following affidavits, as the case may require, and the Supervisor of Registration is hereby authorized to administer said oaths: Forms of oath. "I,, do solemnly swear (or affirm, as the case may be), that I am twenty-one years of age, was born (or naturalized, as the case may be), in the United States and am subject to the jurisdiction thereof, and have been a resident of the State of Louisiana since day of and resident of this parish since the the of day and that I am not disfranchised for any of the causes stated in the first paragraph of article ninety-nine of the Constitution of this State. "And I do further solemnly swear (or affirm, as the case may be), that I did not hold any office, civil or military, for one year or more, under the organization styled The Confederate States of America;' that I never registered myself as an enemy of the United States; that I never acted as leader of guerrilla bands during the late rebellion; that I never, in the advocacy of treason, wrote or published newspaper articles or preached sermons during the late rebellion; that I never voted for or signed an ordinance of secession in any State." The last paragraph of the above affidavit shall be dispensed with where the person applying for registration shall produce and exhibit to the Supervisor of Registration the certificate of the Secretary of State, showing that he has relieved himself from the disability contained in the clauses of said affidavit, by voluntarily writing and signing a certificate setting forth that he acknowledges the late rebellion to have been morally and politically wrong, and that he regrets. any aid and comfort he may have given it, and showing that such certificate has been filed in the office of the Secretary of State, and been published in the official journal, as is required by article ninetynine of the Constitution, and the act of the General Assembly, prescribing the necessary forms for such certificate, and the registry and publication thereof. The taking and subscribing the affidavits required by the preceding part of this section, shall not prevent the Supervisor of Registration from receiving other evidence, showing that the party applying for registration is not entitled to register; and they shall have a right to examine under oath, to be administered by themselves or other competent authority, any witness to prove any fact pertinent to the right of any one to register, and shall decide from the evidence whether the party so applying is entitled to register. If any person, applying to register, claims to be relieved from the disabilities contained in the second clause of the aforesaid affidavit, under the proviso to article ninety-nine of the Constitution, he shall be required to take and subscribe the following affidavit, and thereupon he shall be admitted to registration; "I, -, do solemnly swear (or affirm, as the case may be), that prior to the first day of January, eighteen hundred and sixty eight, I favored the execution of the laws of the United States, popularly known as the reconstruction acts of Congress, and openly and actively assisted the loyal men of the State in their efforts to restore Louisiana to her position in the Union." Any person who shall swear falsely to any of the foregoing False affidavit. affidavits, or any clause thereof, shall be deemed guilty of perjury, and on conviction thereof shall be punished as prescribed by law. Penalty. Injunction, mandamus, etc. Penalty for offi cials misconduct of Judges elections. 155. [SEC. 33.] The decision of any Supervisor of Registration on all questions of erasure from, or addition to, the registry, and on all questions relative to the registry of voters, shall be final, and shall not be subject to any revision or correction by any Parish or District Judge. No Parish or District Judge shall interfere by writ of injunction, or mandamus or other order of court, to compel any Supervisor, or Assistant Supervisor of Registration to register, or prohibit him from registering any person. Any Judge so interfering shall, upon conviction thereof, be subject to a fine of not less than in interfering in five hundred dollars, and imprisonment for not less than six months, and shall be liable to impeachment and removal from office; provided, that nothing herein contained shall be so construed as to deprive any person of any right of action he may lawfully have against any Supervisor for any illegal or wrongful refusal to register such person; and provided further, that should the State Registrar, or any Supervisor or Assistant Supervisor of Registration willfully and maliciously, with intent to deprive any citizen of his right of suffrage, he being entitled thereto, refuse to grant him registry and certificate thereof, after he shall have complied with the requirements of this act, or if said State Registrar, Supervisor or Assistant Supervisor of Registration, shall maliciously erase the name of any registered voter, who is really entitled to vote, from the lists or records of registered voters with like intent, he shall, if convicted, be deemed guilty of felony, and be liable to imprisonment in the penitentiary for a term not exceeding five years, or to a fine not exceeding five thousand dollars, or to both, and be likewise liable to private action at law by the person injured for exemplary damages. Lists to be for Registrar. 156. [SEC. 36.] It shall be the duty of the Supervisor of Registration in each parish of the State, except the parish of Orleans, warded to State within ten days after an election to prepare and forward to the State Registrar of Voters a list of the voters of his parish registered by him since the last opening of the books in his parish, duly sworn to and certified by him, and then to redeposit the registration books with the Clerk of the court of the parish, taking his receipt for them, which shall be forwarded to the State Registrar of Voters in New Orleans. Books rede posited with Clerk. |