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Sec. 2. Be it further enacted, etc., That all laws or parts of laws in eonflict herewith, be and the same are hereby repealed.

TITLE.

MARRIAGE STATISTICS.

Act 125 of 1910, p. 197.

AN ACT providing for the return of marriage statistics.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That all Judges of the City Courts, Justices of the Peace, Clerks of the District Courts and Health Officials throughout the State, shall, on or before the first day of February of each year, return to the Secretary of the State Board of Health, upon suitable blanks, to be provided by the said Board, an abridged statement of all marriage licenses issued by him during the preceding calendar year, specifying in each case:

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8.

9.

10.

Place of marriage.

By whom ceremony was performed.

Number of former marriages and divorces.

11. Names of parents or guardians where either party is under age. Sec. 2. Be it further enacted, etc., That upon neglect or refusal to make such returns, such officer shall, for each such neglect or refusal, forfeit and pay the sum of $100.00 for the use of the proper parish, to be collected as debts of like amount are now collectible.

Sec. 3. Be it further enacted, etc., That the Secretary of the State Board of Health shall annually prepare, from said returns, abstracts and tabular statements of the facts relating to marriage in each parish, and embody them, with the necessary analysis, in his annual report to the State.

MASTER AND WARDENS.

[R. S., Sec. 2217.] Appointment of Master and Wardens for the Port of New Orleans. Repealed by act infra.

TITLE.

REGULATION OF OFFICE.

Act 3 of 1877 (E. S.), 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 two hundred and twenty-nine of the Revised Statutes of Louisiana.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That section two thousand two hundred and seventeen of the Revised Statutes of Louisiana be repealed; and that the Governor, by and with the advice and consent of the Sneate, appoint as Wardens for the Port of New Orleans, two competent persons familiar with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. Be it further enacted, etc., 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. Be it further enacted, etc., That either of said wardens shall, when called upon by the master of any ship or vessel arriving from sea, inspect the manner in which the hatches of said ship or vessel were secured previous to the opening of the same for the purpose of discharge, and shall certify to the condition of the cargo in sight, for which survey and certificate he shall be entitled to three dollars, and for every subsequent survey of the same ship or vessel to one dollar, and for every duplicate certificate to one dollar.

Sec. 4. Be it further enacted, etc., That it shall be the duty of said wardens to note the marks, numbers, description and location of all damaged goods so surveyed, the cause of damage and the character of the dunnage and stowage.

Sec. 5. Be it further enacted, etc., That it shall be lawful for the wardens jointly to survey damaged goods in store, to certify to the nature of such damage, and to order the sale thereof at public auction, to be advertised twice in two daily papers before the sale, for which survey and certificate they shall be entitled to a fee of ten dollars; and if required to attend the sale and to certify to the account thereof they will be entitled to a further fee of five dollars.

Sec. 6. Be it further enacted, etc., That it shall be lawful for the wardens jointly to survey the condition of damaged ships or vessels arriving in the Port of New Orleans, and to certify to the same, and for said survey and certificate they shall be entitled to a fee of ten dollars, and for each subsequent survey of the same to a fee of five dollars.

Sec. 7. Be it further enacted, etc., That it shall be lawful for the wardens to survey damaged cargo on board of any river steamboat arriving in the Port of New Orleans, and to certify to the condition of the same, for wihch survey and certificate they shall be entitled to a fee of five dollars. Sec. 8. Be it further enacted, etc., That section two thousand two hundred and twenty-nine of the Revised Statutes of Louisiana be and is hereby repealed.

Sec. 9. Be it further enacted, etc, That this act shall take effect from the day of its passage.

Note. Many of the provisions of this act are repealed by Act 70, 1896 (See Sec. 4) and its amendments and other acts establishing a Commission for the Port of New Orleans. These acts are all printed under the title "New Orleans," subtitle "Board of Commissioners for the Port of New Orleans."

In 1896 the office of Wardens of the Port was merged into the Port of Commissioners for the Port of New Orleans. Planters Cotton Oil Co. vs. Texas & Pac. Ry. Co., 139 L. 206. (The act referred to is Act 70 of 1896 mentioned above.

[Location of Office, Books.]

[R. S., Sec. 2218.] The Master and Wardens shall keep an office in the city of New Orleans, and shall cause to be made, in a book to be kept for that purpose, an entry of all their proceedings, to which all persons may have access.

[Duties of Warden-Fees.]

[R. S., Sec. 2219.] The Master and Wardens, or any one of them, shall, if called upon by the person commanding any ship or vessel arriving from sea, inspect the manner in which the hatches of such ship or vessel were secured previous to the opening thereof for the purpose of discharge, and shall be present at the opening of the same; and shall, upon every such survey, certify under his hand how the hatches appeared to him; for which certificate he shall be entitled to two dollars, and for every duplicate thereof one dollar.

[To Have No Interest in Pilot Boats, Etc.]

[R. S., Sec. 2220.] Neither the Master nor any of the Wardens aforesaid shall be concerned, directly or indirectly, in

any pilot-boat or with any branch pilot in respect to the business of his trust.

[Fees in Certain Cases.]

[R. S., Sec. 2221.] Whenever goods and merchandise, damaged on board of vessels arriving from sea, belong to different proprietors, but are addressed to the same consignee, it shall be lawful for the Wardens who shall have inspected the same, and ordered and attended the sale of such damaged goods at auction, to demand and receive distinct fees for such property so surveyed and sold, provided the consignee shall require different sets of certificates for each.

[Deputies-Oath.]

[R. S., Sec. 2222.] The Wardens of the Port of New Orleans may appoint Deputies and Clerks, but the Deputies and Clerks shall take the oath prescribed by the Constitution, and shall be sworn truly and faithfully to perform the duties imposed on the Wardens of the Port of New Orleans; and the said Wardens shall be responsible for the acts of their deputies.

[Sale of Damaged Goods.]

[R. S., Sec. 2223.] No damaged goods brought to the port of New Orleans by any seagoing vessel, shall be sold at public auction, except under the order and supervision of the master and wardens of the port of New Orleans, and any auctioneer selling any such goods without said order, shall be subject to a fine of fifty dollars, to be sued for and paid over, as provided in the previous section.

[Rights of Parties to Compromise.]

[R. S., Sec. 2224.] Nothing in this act shall in any manner prevent all parties interested in any damaged goods, arriving at the port of New Orleans, from compromising all claims for damage without a sale, even when ordered by the master and wardens.

[Master, Etc., to Board and Examine Vessels.]

[R. S., Sec. 2225.] It shall be the duty of the Master and Wardens of the port of New Orleans, or any one of them, on being required by the captain or other interested party to proceed on board of any seagoing vessel, river steamboat or barge, and examine the hatches or stowage, and condition of the cargo, and shall cause to be made in a book kept for that purpose a record of all their proceedings, to which all persons may have access, and that said Master and Wardens, for every survey of hatches, shall be entitled to demand and receive five dollars; for every subsequent survey of cargo, three dollars; and for each certificate issued, one dollar.

[Hatches to be Opened in Presence of Warden.]

[R. S., Sec. 2226.] If, after the arrival in port of any seagoing vessel, the hatches shall be first opened without a member of the Board of Wardens be present, and the cargo or any part thereof shall come from on shipboard in a damaged condition, these facts shall be presumptive evidence that such damage occurred in consequence of improper stowage or negligence on the part of the person in charge of said vessel, and such default shall be chargeable to the owner, consignee, master or other persons in interest (as part owner or master) of said vessel, each and all of whom shall be primarily liable for such damage. Provided, That stress of weather or accident does not render it necessary that the hatches of a vessel shall be opened after said vessel may be in charge of a pilot at this port.

[River Craft Exempted From Survey, Etc.]

[R. S., Sec. 2227.] Nothing in this act requiring hatches to be surveyed by the Port Wardens shall be construed to apply to river boats or barges.

[Fees for Survey.]

[R. S., Sec. 2228.] The Master and Wardens may demand and receive the same fees, to be paid by the parties calling survey, when a compromise is made, that they would receive had no compromise been effected.

[R. S., Sec. 2229.] Master, etc., to Offer Services. Repealed by Act 3, E. S. 1877, printed supra.

[Penalty for Unlawfully Acting as Master, Etc.]

[R. S., Sec. 2230.] It shall be unlawful for any person other than the said master and wardens, or their legally constituted deputy, to make any survey of hatches of seagoing vessels coming into the said port of New Orleans, or to make any survey of damaged goods coming on board such vessel, whether such survey be made on board or on shore, or to give certificates on orders for the sale of such damaged goods at auction, or to do any other of the acts and things prescribed by law for the said master and wardens to do and perform; and the person doing said illegal and forbidden acts, his instigators and encouragers, shall be liable and bound to pay in solido to the said master and wardens one hundred dollars damages, with costs, for each of said illegal and forbidden acts so done; and should such illegal and forbidden act be done at the instance, procurement and instigation of the master, owner or owners, or agent of such vessel, then the said vessel, her master and owners shall be liable and bound to pay the said master and wardens the said amount of one hundred dollars damages, which amount, in each and all of the cases above named may be recovered by the said master and wardens, by civil suit, before any court having jurisdiction of the

parties and amount, and in case of several violations of the provisions of this act by the same party or parties, it shall not be indispensable to institute a separate suit for each violation, but the said master and wardens may have and maintain their suit, before any court having jurisdiction of the parties and amount for the aggregate amount of damages, for which the defendant or defendants may be liable under the provisions of this act.

[R. S., Sec. 2231.] Master and Wardens to Approve Bond of Branch Pilots. R. S., Sec. 2688, Title "Pilots."

[R. S., Sec. 2232.]

tion of Certain Acts.

Master, etc., to Sue Pilots for ViolaR. S., Sec. 2695, Title "Pilots."

[R. S., Sec. 2233.]

Master, etc., to Hear Complaints of Captains of Misconduct of Pilots. R. S., Sec. 2699, Title "Pilots."

[R. S., Sec. 2234.] Master, etc., to Suspend Any Branch Pilots Not Owning and Employing Pilot Boat. R. S., Sec. 2702, Title "Pilots."

[R. S., Sec. 2235.] Master, etc., to Determine Value of Pilots' Extra Services When Master, etc., of Vessel Cannot Agree. R. S., Sec. 2690, Title "Pilots."

Note. See Titles "Harbor Master," New Orleans; subtitle "Commissioners, Port of New Orleans."

METROPOLITAN POLICE DISTRICT.

[R. S., Secs. 2236 to 2308, inclusive.] Are based on Acts 92, 1869; 44, 1869, and 87, 1869, which acts were in terms repealed by Act 35, E. S. 1877, p. 57. Acts 60, 1869, and 65, 1869, on which some of the sections were based, though not repealed in terms, were so repealed in fact. The whole subject is obsolete by repeated changes in the legislation relating to municipal corporation, administrative and judicial systems of the State.

MILITIA.

[R. S., Secs. 2309 to 2315, inclusive.] Provide for the formation of companies of militia in the various parishes, their combination into regiments, etc.; prescribe instruction, etc. All these provisions have been superseded or repealed by subsequent acts. These acts are 22, E. S. 1877, p. 269; 133, 1898, p. 203, amended by Act 46, 1900, p. 57; 181, 1904, p. 371. The last general act, which repealed the Act of 1904, is

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