other deadly weapon concealed in his bosom, coat, or in any other place about him that do not appear in full open view," shall, on conviction thereof, before any justice of the peace, be subject to pay a fine not to exceed fifty dollars nor less than twenty dollars, one half to the use of the state, and the balance to the informer; and should any person be convicted of being guilty of a second offence before any court of competent jurisdiction, [such person] shall pay a fine not less than one hundred dollars, to be applied as aforesaid, and be imprisoned for a time not exceeding six months. states of Connecticut, New-York and Virginia, are in as full possession of this right as we. Yet their jurists recognize the common law principle complained of, in its full extent. In 2 Swift's System, p. 346, the distinction between the right of giving the truth in evidence in criminal prosecutions, and in actions for defamation is laid down as the law of Connecticut, although the author informs us there has been no express recognition of it. The supreme court of the state of New-York admitted the principle in the case of The People v. Croswell; and Judge Tucker, in a work avowedly written with a view of pointing out the discrepancies of the laws of Virginia from the common law, although he warns the student of the necessity of considering the reasonable. ness of the doctrine established in 5 Co. 125, does not hint at any modification of it, peculiar to the American states. 4 Tucker's Black. 150. "In Pennsylvania the principle was abrogated in 1809 by an act of the legislature, Binney, 601—in North Carolina in 1802, c. 8, p. 215, and this is negative evidence that it was enforced in those states before those periods. "If any doubt remained, the absence of any case in which it was overruled in England, or such of the United States, in which no legal provision exists, would be conclusive, especially when it is considered that the French and Spanish laws, which were heretofore in force here, are conformable in this respect to the common law of England. Mais quelque vraie que soit l' injure lorsqu 'elle est faite ailleurs qu'en justice, dans le dessein d' injurier, elle est punissable, quand même elle ferait connaître un crime dont il conviendrait de tirer vengeance pour l' intérêt pub. lic. 31 Repert. Un. et Rais. de Jurisp. Verbo Injure, p. 318. Celui qui a écrit on lu un libelle-ne sera pas reçu a demander a faire preuve des faits contenus dans le libelle. Salviat, Jurisp. Parl. Bord. 350. Ca maguer quiera probar aquel que fizo la cantiga, o rima, o dictado malo, que es verdad aquel mal o denuesto que dixo de aquel contra quien lo fizo, non deue ser oydo, nin le deuen cabar la prueba. 7 Part. tit. 9, ley. 3. New trial refused. 9 See note 2, ante. 10 § 1, act of 25 March, 1813, 1 D. 378. ART. LXXVI. If any person shall voluntarily engage in a duel with rapier or small sword, back sword, pistol, or other dangerous weapon, to the hazard of life, when no homicide shall ensue thereon, and if any person shall by word, message, or any other manner, challenge another to fight in a duel as aforesaid, when no duel shall be fought thereon, every such offender, and every person who shall knowingly be a second, agent, or abettor in such duel or challenge, upon due conviction of either of said offences, shall be punished as a felonious assaulter by fine not exceeding two hundred dollars, and imprisonment not exceeding two years. ART. LXXVII.13 If any person shall accept a challenge to a duel, and shall consent to a fight therein as aforesaid, when no duel shall thereupon ensue, every such offender, and every person who shall knowingly be a second, agent, or abettor in such acceptance of a challenge, upon due conviction, shall be punished by a fine not exceeding one hundred dollars, and imprisonment not more than one year. 11 The words "any person so offending," which occur in this place in the original act, are omitted as useless and ungrammatical. The sense of the passage is in no respect affected by the omission. 12 § 17, act 20 March, 1818, 1 D. 395. 13 § 18, ibid, 396. CHAPTER VI. OFFENCES AGAINST PUBLIC TRADE. LXXVIII-LXXXI. Fraudulent bankruptcy. LXXXII. Refusal of insolvent to deliver his effects to provisional syndics-LXXXIII. or to surrender his property to his creditors when ordered by court. LXXXIV. Failure of syndics to make a statement of their business when required by three or more creditors. LXXXV. Obtaining money or other property under false pretences, with intent to defraud, or aiding another therein. LXXXVI. Procuring money or other property by tutor, curator, or husband, by granting mortgage or privilege on property subject to legal mortgage in favor of minors, absent and interdicted persons, or married women, where the legal mortgage is not recorded, without declaring it subject to the same. LXXXVII. Knowingly stamping by any clerk, inspector, or other officer, weights and measures not corresponding with the legal standard. LXXXVIII. Buying or selling by, or keeping for such purpose, weights or measures not corresponding with legal standard, or not stamped. LXXXIX. Making or using false stamps or scales. XC. Selling unstamped measures or weights. XCI. Offering tobacco for sale before inspection. XCII. Altering or erasing brand or mark of inspectors of tobacco in New Orleans. XCIII. Inspector acting as broker or agent for the sale of tobacco. XCIV. Illegally affixing brand or mark on tobacco, or extortion in inspector. XCV. Offer ing flour for sale before inspection. XCVI. Extortion in inspector of flour in New Orleans. XCVII. Mixing indian meal or other substance with flour. XCVIII. Exporting flour, purchased in New Orleans, without inspection at the time of exportation. XCIX. Altering or erasing any brand or mark, other than the original brand or mark, of inspectors of flour in New Orleans. C. Purchasing flour, other than for his private use, by such inspector. CI. Exporting, or attempting to export from New Orleans, beef or pork not inspected within thirty days preceding, or receiving the same by any captain of a vessel. CII. Offering salted beef or pork for sale in New Orleans before inspection-CIII. or shipping coastwise on account of importer or original owner, without inspection, when such articles shall have remained more than a month in New Orleans, or without exhibiting manifest and copy required by law, or receiving such articles by any master of a vessel. CIV. Taking out or shifting any beef or pork when packed and branded in New Orleans, or putting in other beef or pork, for sale or exportation, or altering or defacing inspector's brand or mark. CV. Buying or selling by inspector or repacker, more beef or pork than necessary for his own consumption. CVI. Neglect, fraud, or misconduct in any such inspector. CVII. Extortion in inspector of flour and pork at St. Francisville. CVIII. Mixing indian meal or other substance with flour offered for inspection there. CIX. Altering or erasing brand or mark of inspector of flour and pork at St. Francisville. CX. Purchasing by such inspector more flour and pork than sufficient for his family CXI. Selling spirits in New Orleans before being guaged. CXII. Neglect in guager to mark any barrel, cask, puncheon, or hogshead as required by law. CXIII. Buying or selling spirits by any guager, as broker or consignee. CXIV. Selling or disposing of hay in bales in New Orleans, before being branded and marked as required by law. CXV. Neglect of weigher to brand bales as re use. quired by law. CXVI. Falsifying weight, or effacing CXVII. Weigher being in- marks or brands of weigher. terested in any sale of hay. or vendue by any person not duly appointed auctioneer, nor an officer of any court of the United States, or of this state. CXIX. Selling as deputy to any auctioneer effects subject to duty, unless by a clerk or partner in case of sickness or disability of auctioneer. CXX. Receiving by auctioneer higher or other commission than allowed by lawCXXI. or selling any slave or real estate without producing from register of mortgages certificate showing whether the same be hypothecated, and to what amount. CXXII. Executing or passing by any notary or other person, deed of sale of property sold at auction, before charges of sale are paid. CXXIII-IV. Trading as pedler or hawker without license-CXXV. or without affixing to water craft or vehicle label required by law. CXXVI. Refusal to exhibit license as pedler or hawker, or acting as such in violation of the law of 1820. CXXVII. Acting as shipping master before giving bond required by law. CXXVIII. Master or owner of any ship, steamboat, or other craft while in New Orleans, employing any person who has not given such bond to ship any seaman, cook, or steward. CXXIX. Shipping seaman by master of vessel or agent, in any port of entry in the state, without requiring certificate of discharge, or complying with law of 11 Jan., 1822. CXXX. Knowingly receiving or harboring deserter from merchant vessel, by any tavern, lodging, or boarding-house keeper. CXXXI. Resisting harbor masters of New Orleans in the execution of their office. CXXXII. Piloting by one not a branch pilot, any vessel in or out of the Mississippi, when a branch pilot offers. CXXXIII. Neglect or refusal of pilots at mouths of Mississippi to exhibit branch to commander of vessel, when required. CXXXIV. Neglect or refusal of branch pilot to board vessel when called -CXXXV. or leaving his station contrary to law. |