in the execution of the duties of his office, such master or other person having charge of any ship or vessel, or other person whatsoever, shall, for every such offence, forfeit and pay the sum of fifty dollars, to be recovered, with costs of suit, in the name of the treasurer of the [108 municipality of the] city of New Orleans [to which such harbor-master may belong], before any court having cognizance thereof; all which fines, when collected, shall be paid to the said treasurer for the use of the hospital of the said city.

ART. CXXXII.109 If any person, not appointed a branch pilot, shall pilot any ship or other vessel either in or out of the river Mississippi, when a branch pilot offers, he shall forfeit and pay to said branch pilot the sum of thirty dollars, or in default thereof, be condemned to seven days imprisonment.1

111

110

ART. CXXXIII. Every person upon offering to pilot a ship or other vessel over the bars at the different mouths of the river Mississippi, shall, if required, exhibit to the commander of said ship or vessel his branch as pilot aforesaid, and upon his refusing or neglecting to exhibit his branch when demanded, as aforesaid, he shall not be entitled to any remuneration for any service he may render as pilot.112

108 This act, as originally passed, reads "in the name of the treasurer of the city of New Orleans." The office of treasurer of the city of New Orleans was virtually abolished by the act of 8 March, 1836, p. 28, dividing the city into three municipalities, with separate corporate powers, and providing, § 23, p. 37, for the appointment of a treasurer for each municipality. The duties prescribed to the treasurer of the city are devolved, by the act of 1836, upon the treasurer of that municipality to which the harbor-master may belong whose authority is resisted.

109 Part of § 5, act 13 March, 1837, p. 102.

110 The preceding part of this section, not inserted in the text, repealed all laws authorizing branch pilots or others to appoint or employ deputy pilots under them.

111 § 6, act 13 March, 1837, p. 102.

112 The 15th section of the act of 31 March, 1805, 1 D. 516, provides, that “every branch pilot of the port of New Orleans shall be owner or part owner of a pilot boat, of not less than twenty-two feet keel, and seven feet and a half

ART. CXXXIV.113 Whenever any branch pilot shall have, when practicable, refused or neglected to go on board any ship or other vessel, when called by signal or otherwise, he shall lose his commission, and be for ever incapacitated from being commissioned as pilot, and shall moreover be liable to be fined in the sum of five hundred dollars, in default of the payment whereof [he shall] suffer imprisonment for a time not less than three months nor more than six months.

ART. CXXXV.114 No branch pilot shall be allowed to leave his station for more than three consecutive days, unless he shall have obtained a written permission so to do, from the master and wardens of the port, under a penalty of fifty dollars provided, that permission shall, in no case, be granted to more than two branch pilots to leave their station, at one and the same time." 115

ART. CXXXVI.116 [Any harbor-master" of the port of

beam, and to row not less than twelve oars, and shall keep such boat exclu sively employed as a pilot boat; and every such branch pilot, not owning or employing a pilot boat as aforesaid, shall forfeit his office, and in the mean time shall be suspended as aforesaid by any three of the master and wardens aforesaid."

113 § 10, act 13 March, 1837, p. 103.

114 § 8, act 1 March, 1826, 1 D. 522.

115 The last section of this act provides

Section 9. All fines, forfeitures, or penalties provided for or decreed by this act, shall be sued for and recovered in the name of the master and wardens of the port, before any court of competent jurisdiction, and for the use and benefit of the charity hospital of New Orleans.

A subsequent act of 24 January, 1827, 1 D. 522, amending the act of 31 March, 1805, 1 D. 510, further provides

That it shall be, forthwith, the duty of the treasurer of the charity hospital of the city of New Orleans, to sue, in his said capacity, for the recovery of the fines which may be incurred under the provisions of the second and fifth sections of the act to which this is an amendment [arts. CXXXI, CXXXVI]; said fines, when recovered, to be paid to the said treasurer for the use of the said hospital.

116 § 5, act 31 March, 1805, 1 D. 512.

117 See the act of 8 March, 1841, note 107, ante, substituting three harbor

118

New Orleans] shall have power to order any branch pilot118 whom he may find in the city of New Orleans, to return to his station at the Balize. And any pilot refusing to comply with the said order, or who shall evade the same, or shall refuse or neglect to perform any of the duties imposed upon him [by the act of 31 March, 1805, relative to the pilots of the port of New Orleans], shall, on due proof thereof made to the master and wardens of the said port, be subject to a fine not exceeding fifty dollars, to be recovered, with costs of suit, before any court having cognizance thereof, in the name of the treasurer of the [119 municipality of the] city of New Orleans [to which such harbor-master may belong], for the use of the hospital thereof, or to be rendered incapable of acting as a pilot thereafter, as in the judgment of the said master and wardens may be deemed proper.

masters for the one in existence at the time of the passage of the act in the text.

118 The words "or deputy pilot" in the original act, are omitted; all laws authorizing the appointment or employment of deputy pilots, having been repealed by the first clause of section 5, of the act of 13 March, 1837, p. 102.

119 This act, as originally passed, read-" in the name of the treasurer of the city of New Orleans." See note 108, ante.

11

CHAPTER VII.

OFFENCES AGAINST THE PUBLIC POLICE OR ECONOMY.

CXXXVII. Bigamy. CXXXVIII. Incest. CXXXIX. Celebrating marriage by an unlicensed person—CXL. or except on production of license from parish judge specially authorizing the same. CXLI-III. Nuisances in or upon highways, bridges, rivers, bayous, creeks, bays, or lakes. CXLIV. Commencing or finishing any embankment on the Mississippi in front of another, or constructing any work on the shore of any navigable river tending to alter its course, or increase its rapidity, or render the navigation more difficult, or to embarrass the public use of the same, or of any other public place. CXLV. Receiving compensation for landing any article on, or other lawful use of the shore of any navigable river. CXLVI. Stopping any outlet or natural bayou of the Mississippi. CXLVII. Placing obstructions on any railway, with intent to hinder, impede, or endanger the free passing thereon. CXLVIII. Breach of bond by any innkeeper. CXLIX. Keeping tippling shop, or retailing spirituous or intoxicating liquors, without license. CL. Keeping any disorderly inn, tavern, ale house, tippling house, gaming house, or brothel. CLI. Permitting any game of chance, quarrelling, obscene language, or fighting in his inn, by any innkeeper, without giving information thereof. CLII. Selling, by any innkeeper or retailer of spirits, fermented or intoxicating liquor to any soldier of the United States, knowing him to be such, with

out permission from commissioned officer. CLIII. Selling or giving spirituous or intoxicating liquors to any Indian. CLIV-CLVIII. Gaming. CLIX. Betting on elections. CLX-III. Offences against the laws prohibiting lotteries. CLXIV-CLXVII. Vagabonds and suspicious persons. CLXVIII. Harboring vagrants or suspicious persons, knowing them to be such. CLXIX. Vagabonds found within the state, in violation of bond to leave the same. CLXX. Power of sheriff of parish, or mayor of New Orleans to bind out to service at hard labor, vagrant sentenced to imprisonment. CLXXI. Failure of master of vessel arriving at New Orleans to report name, age, occupation, and means of subsistence of passengers. CLXXII—III. Suffering any passenger, not a citizen of the United States, to land before giving bond. CLXXIV. Refusal of alien arriving in the state to submit to examination, &c., required by law. CLXXV. Penalty on master of vessel suffering any passenger, not a citizen of the United States, to land, with intent to proceed to New Orleans otherwise than in said vessel. CLXXVI. Knowingly entertaining any alien so landed, or failure by any householder in the city or suburbs of New Orleans, to report such alien to mayor or recorders. CLXXVII. Practising as physician, apothecary, or midwife, without license. CLXXVIII. Apprentice or bound servant absconding, or absenting himself from service of master. CLXXIX. Consenting to, or passing act of emancipation, contrary to law. CLXXX. Disrespectful conduct in free persons of color towards whites. CLXXXI. Carrying arms by free colored persons, without certificate of a justice attesting their freedom. CLXXXII -V. Free persons of colour emigrating to this state— CLXXXVI. or being found in any parish, after period assigned for departure from the state-CLXXXVII. or com ing as seamen, or in other capacity attached to any vessel, and not departing with such vessel, or in time fixed by lawCLXXXVIII-IX. or returning to the state after having