him to appear before him, to show cause why such certificate should not be granted; the Justice shall examine, in a summary way, into the circumstances of the case, and if he finds that the seaman is entitled to his discharge, he shall give judgment to that effect; and if the discharge has been previously demanded and refused, he shall add to the judgment an order that the defendant pay to the complainant ten dollars for his damages, and pay the costs of the proceedings; and a copy of so much of the judgment as orders the discharge, shall be given to the complainant, which shall have all the effects of a legal discharge. taverns, etc., serters from vessels. Going on board cause any of the officers or crew leave the vessel without the commander; to to desert or consent of the oppose or intercommand of the G. [SEC. 3480.1 If the keeper of any tavern, lodging or board- 1855-130. ing house, shall knowingly receive, harbor or lodge or conceal any Keepers of deserter from any merchant vessel, he shall, on conviction, pay a fine harboring deof one hundred dollars, or be imprisoned not exceeding thirty days. merchant 7. [SEC. 3481.] It shall be, and is hereby made a penal offense for any master or keeper of a boarding house for seamen, any ser- 1859–87. vant, agent, or other person in his employ, any broker, shipping of any vessel to master, or other person engaged in the business of procuring or furnishing seamen for vessels, or any person or persons whose object is to cause any person composing a part of the officers or crew of any ship, steamship, steamboat or other vessel within this State, without or against the will and consent of the master or other person in charge thereof, or for any of the above named persons having gone on board of any ship, steamship, steamboat, or any other vessel, to cause any person composing a part of the officers or crew thereof to desert from or leave the same without the consent of the master or other person in charge thereof, or to oppose or interfere with the execution of any command or authority of the master or officer in charge of such ship, steamship, steamboat, or other vessel, or to refuse to leave the same when ordered to do so by the officer in charge thereof; any person or persons so offending shall be punished by a fine not less than one hundred dollars nor more than five Penalty. hundred dollars, or be imprisoned not less than one month nor more than twelve months, or both, at the discretion of the court. fere with any same, or to re fuse to leave, when ordered to do so. Offenders may be arrested and 8. [SEC. 3482.] Any person or persons, accused of any of the offenses provided for in the preceding section, may be arrested and tried in any parish of the State in which the ship, steamship, steamboat, or other vessel on which said offense has been committed, may the offense is moor. tried in any parish where committed. 9. [SEC. 3483.] Any master or person in charge of any ship, steamship, steamboat, or other vessel, upon which the offenses Power granted to commanding enumerated in this act may be committed, shall have power to seize officer to arrest and arrest any person or persons so offending, and take them before a magistrate to be dealt with according to the provisions of this act. offender and bring him before a magistrate. Offenders bound to prove permission to board the ves sel; otherwise to be found guilty. Summoning witnesses by magistrate. Notice to be given to the accused. 10. [SEC. 3484.] On the trial of any person under this act for having gone on board any ship, steamship, steamboat, or other vessel, without permission first had and obtained from the proper officer, it shall be incumbent upon him to prove that he had received the permission required; in default of his proving this, he shall be considered as having entered without permission, and be found guilty accordingly. 11. [SEC. 3485.] When the testimony of any master or officer of any ship, steamship, steamboat, or other vessel, or of any other the examining transient person shall be deemed by a magistrate, before whom a prosecution has been commenced under this act, necessary to be used on the trial of the case before the District Court, such magistrate shall have power, after five days' notice to the party accused, to summon and cause such witness to appear before the Judge of the First District Court of New Orleans, or before the District or Parish Judge of any other parish in this State in which a prosecution may have been commenced under this act, to give evidence in the same manner as if examined in open court; the accused at the time of such examination shall be assigned counsel by the Judge, if he have none, and shall have the right to cross-examine the witness; the evidence thus given shall be reduced to writing, and shall be signed by the witness, certified to and sealed up by the Judge before whom it is taken, and shall be used on the trial before the District Court; provided, the magistrate before whom the prosecution was commenced shall make oath that the witness is not at the time of trial within the jurisdiction of the court. Right of ac cused to have counsel and cross-examine witnesses. Evidence to be reduced to writing, sealed up and sent to the trying Judge. Proviso. 12. [SEC. [SEC. 3486.] It shall be, and is hereby made a penal offense for any person, either on shipboard or on shore, to harbor signed shipping or secrete a seaman who shall have signed shipping articles to Harboring or secreting seamen who have articles, or aid regarding them, made a penal offense. ing them in dis- proceed on a voyage, or to inveigle or procure such seaman to desert or disregard the articles which he has signed; any person or persons so offending, shall, on conviction, be punished by fine and imprisonment, at the discretion of the Judge who tries the case, the fine not to exceed three hundred dollars, and the imprisonment not to exceed three months. Penalty. tain cases. 13. [SEC. 3187.] Any magistrate may, on complaint, on oath Search warrant being made by the master of a vessel or some person in his behalf, issued in cer- that a seaman or boy apprenticed has deserted from his vessel, and that he is harbored, secreted or detained, issue a warrant under his hand and seal to cause search to be made in any place wherein said seaman or boy apprentice may be harbored or secreted, and shall cause such seaman or apprentice, when found, to be delivered to the master of the vessel to which he belongs. any ping articles admitted as 14. [SEC. 3488.] On the trial of any person under the two preceding sections of this act, a copy of the articles of any vessel, Copy of shipauthenticated by the affidavit of the captain sworn to before magistrate, shall be admissible in evidence to prove the fact that any seaman, whose name appears subscribed thereto, has actually signed said articles. 15. 1858-142. Penalty for intertering by intimidation or the crew of any with persons on any steam [SEC. 3489.] Any person or persons who may, by violence or threats, or in any manner intimidate and prevent another from shipping upon any steamboat within this State; or who shall thus interfere with or prevent any person, who is one of the crew of a threats with steamboat, from discharging his or her duty; or unlawfully interfere steamboat or with any laborer who may be taking cargo on board or discharging desiring to ship cargo from a steamboat, within the State of Louisiana, shall be boat. deemed guilty of a misdemeanor, and upon conviction before any Justice of the Peace of this State or Recorder of the city of New Orleans, be fined not less than twenty dollars and costs of prosecution, and imprisoned not less than twenty days in the parish jail. leaving a steamcomplying with person for boat before his engagement 16. [SEC. 3490.] Any person who may ship upon a steamboat, in the customary manner, to do services on said boat, either by the Penalty against month or voyage, in the capacity of an officer, engineer, pilot, clerk, mate, carpenter, cook, steward, cabin boy, watchman, fireman, deckhand, or laborer, who may abandon the boat before having fulfilled his engagements, or who may refuse to do his duty in the capacity for which he shipped or engaged to perform before the completion of the voyage or the time of his engagement, without lawful cause, shall, besides forfeiting all claims to the wages due for such service, be liable to the owner or owners of said steamers for any damages which they may sustain by said abandonment or refusal to do duty. for any debt Seamen's bag. gage, luggage, tools, etc., not 17. [SEC. 3491.] No keeper of a public or lodging house for seamen in this State shall withhold or detain any chest, bed or bed- 1859–106. ding, clothes, or tools, or other effects of any seaman, alleged to be due by the seaman; and on examination, any magistrate liable to be remay, by warrant, cause the detained property to be seized and deliv- boarding and ered to the seaman. 18. [SEC. 3492.] No keeper of a public or lodging house for seamen in this State shall, at any time, recover from a seaman any debt exceeding one dollar, and no other person shall be entitled to recover from any seaman a debt exceeding one dollar, after he has signed articles to proceed to sea, until the voyage for which he shipped is ended. tained for lodging. Amount recov erable by lodg ing house keep er or other per son. ART. 46. Returns of all elections for members of the General Assembly shall be made to the Secretary of State. Election returns made to the Secretary of State. Election re- turns made by State to the Speaker of the House.. General Asamine and sembly to ex count the votes. ART. 48. The supreme executive power of the State shall be vested in a Chief Magistrate, who shall be styled the Governor of the State of Louisiana. He shall hold his office during the term of four years, and, together with the Lieutenant Governor chosen for the same term, be elected as follows: The qualified electors for Representatives shall vote for Governor and Lieutenant Governor at the time and place of voting for Representatives; the returns of every election shall be sealed up and transmitted by the proper returning officer to the Secretary of State, who shall deliver them to the Speaker of the House of Representatives on the second day of the session of the General Assembly then to be holden. The members of the General Assembly shall meet in the House of Representatives to examine and count the votes. The person, having the greatest number of votes for Governor, shall be declared duly elected; but, in case of a tie vote between two or more candidates, one of them shall immediately be chosen Governor by joint vote of the members of the General Assembly. The person, having the greatest number of votes polled for Lieutenant Governor, shall be Lieutenant Governor; but, in case of a tie vote between two or more candidates, one of them shall be immediately chosen Lieutenant Governor by joint vote of the members of the General Assembly. ART. 68. There shall be a Secretary of State who shall hold his office during the term for which the Governor shall have been Secretary of elected. The records of the State shall be kept and preserved in term of office the office of the Secretary; he shall keep a fair register of the official acts and proceedings of the Governor, and, when necessary, shall attest them; he shall, when required, lay the said register, and all State-His and duties. |