1838-109-4. Solitary confinement. 1869-56. Prior lease of Penitentiary ratified and approved. 1870-84. Substitution of new lessees. lease. 27. [SEC. 2864.] Hereafter solitary confinement in the Penitentiary is abolished, except in enforcing obedience to the police regulations thereof. 28. [SEC. 2865.] The lease of the Penitentiary executed between his Excellency, Governor Joshua Baker and Messrs. John M. Huger and Charles Jones, approved by Major General W. S. Hancock, and dated March eighteenth, one thousand eight hundred and sixty-eight, be and is hereby ratified and confirmed, subject to the provisions and stipulations of this act. 29. [SEC. 1.] Samuel L. James, C. B. Buckner and T. Bynum, having purchased from Messrs. Huger and Jones the lease of the Louisiana Penitentiary, passed and executed between his Excellency Governor Joshua Baker, on the one part, and Huger and Jones on the other, dated March eighteenth, one thousand eight hundred and sixty-eight, and ratified by act approved March fifth, one thousand eight hundred and sixty-nine, the said S. L. James, C. B. Buckner and T. Bynum, or their assigns, be and the same are hereby substituted and placed instead of John M. Huger and Charles Jones, as lessees of the Louisiana State Penitentiary. 30. [SEC. 2.] The lease entered into on the eighteenth of March, Ratification of one thousand eight hundred and sixty-eight, as aforesaid, and ratified by act approved March fifth, one thousand eight hundred and sixtynine, be and the same is hereby changed and altered in the following terms, to wit: Instead of "working the Penitentiary on joint account of the State of Louisiana and the lessees, that is to say, half of the net profits to go to the State, and half to the lessees," the said lessees shall in lieu thereof pay into the treasury of the State of Louisiana the sum of five thousand dollars for the first year, six thousand dollars for the second year, seven thousand dollars for the third year, and so on, increasing one thousand dollars per year, over each preceding year, till the expiration of the lease, said payment to be made to the Treasurer, as aforesaid, on the first of January each year. Rate. Extension of lease. 31. [SEC. 3.] The said lease, with the modifications and changes made in the foregoing sections of this act, be and the same is hereby extended for the period of twenty-one years from the passage of this act, and it shall be the duty of the Governor to effect this lease with the said S. L. James, C. B. Buckner and T. Bynum, in accordance with the terms, stipulations and conditions set forth in the foregoing sections of this act; the lease of the eighteenth of March, one thousand eight hundred and sixty-eight, to remain the same and in effect until the Governor shall extend the same, in conformity with this act. Board of Con control of the gious regula victs. 32. [SEC. 2866.] The Board of Control of the Penitentiary shall have the direction and control of the health and religious regula- 1869–56. tions of the convicts. They shall take care that the food and rations trol to have of the convicts shall not be less than those prescribed by the United health and reliStates army regulations for soldiers, and that the clothing of the fion of con convicts shall be comfortable, suitable and adapted to their employment; provided, that nothing in this act shall be construed into a right to impair their efficiency in their labor, or to interfere in the employment of the convicts in accordance with the terms of the lease; and it shall be the duty of the Board to see that no unusual or excessive mode of punishment be introduced into the penitentiary discipline; and should the lessees, on due notice from the Board, Excessive punpersist in violating the provisions of this section, the President of hibited. said Board shall prosecute the lessees, and, on conviction, they shall be subject to a fine of not less than one hundred dollars, nor more than one thousand dollars, at the discretion of the court. ishment pro 33. [SEC. 2867.] As part of the improvement which shall be made with the consent of the Board of Control, under the sixth Buildings to be erected, and reitem of the lease, the lessees shall complete the cotton and woolen pairs made. factory buildings already commenced; shall remove and rebuild the foundry to the rear of the main building, and construct it with the view of using it as a machine shop for the manufacture of agricul tural implements; shall thoroughly repair the department for female convicts; and shall construct a brick wall fifteen feet in height around the penitentiary grounds, and generally make such repairs as may be indicated by the Board of Control. The Board of Control shall appoint the physician, who shall have the entire control over his department. be furnished. 34. [SEC. 2868.] In order to carry out fully the seventh item in said contract, the lessees of the Penitentiary are required to procure Machinery to and place in the buildings prepared for the purpose two hundred looms, with all the necessary machinery for preparing and finishing cotton cloths, and such machinery as may be thought advisable by the lessees for preparing woolen cloths; provided, that before said purchase shall be made, a detailed estimate of the cost of such machinery shall be made out and filed in the office of the Auditor of Public Accounts; and provided, that the whole cost of such machinery shall not exceed the sum of three hundred thousand dollars. Rights of married women................... 123 Registration of mortgages and pri Tacit mortgages and privileges after Rights of married women. CONSTITUTIONAL PROVISION. ART. 123. The General Assembly shall provide for the protection of the rights of married women to their dotal and paraphernal property, and for the registration of the same; but no mortgage or privilege shall hereafter affect third parties, unless recorded in the parish where the property to be affected is situated. The tacit ileges after Jan- mortgages and privileges now existing in this State shall cease to have effect against third persons after the first day of January, eighteen hundred and seventy, unless duly recorded. The General Registration of Assembly shall provide by law for the registration of all mortgages Tacit mort gages and privuary 1, 1870. mortgages and privileges. 1855-343. and privileges. 1. [SEC. 2888.] The lessee shall be entitled to retain, out of the property subjected by law to the lessor's privilege, his clothes and Certain effects linen, and those of his wife and family, his bed, bedding and bedstead, and those of his wife and family, his arms, military accoutrements, and the tools and instruments necessary for the exercise of the trade or profession by which he gains his living and that of his family. not subject to the lessor's privilege. 1867-297. Privileges on ships, etc., by canal owners. 2. [SEC. 2892.] Hereafter the owner or owners of all private canals, within the limits of the State of Louisiana, shall have a privilege of equal rank with those granted by article three thousand two hundred and four of the Civil Code, on all ships, steamboats, barges, flatboats or other vessels for the payment of the toll or canal fees. continue six 3. [SEC. 2893.] Said privilege shall exist on said ships, steam- Privilege to boats, barges, flatboats or other vessels, for six months from the months. date the toll or fees became due. 4. [SEC. 2895.] The claim against steamboat owners for cordwood shall be the first privilege against steamboats for and during the term of eight months from the time that such claim accrues, as regards all boats running beyond the limits of the State, and three months for boats running within the limits of the State. 1855–468. to be a privilege Claim for wood damages 5. [SEC. 2896.] In all cases where any loss or damage has been caused to the person or property of any individual by any careless- Privilege for ness, neglect, or want of skill, in the direction or management of caused by collisions, etc. any steamboat, barge, flatboat, water craft or raft, the party injured shall have a privilege to rank after the privileges specified by the Civil Code, article three thousand two hundred and four, and continue for the same length of time, and in the same manner provided for other privileges by the said article of the Civil Code upon such steamboat, barge, flatboat, water craft or raft, for the amount of the loss or damages sustained, and may proceed by attachment or in rem to recover the same. Before so proceeding, he, or if he be absent, his agent or attorney shall swear to the amount of the loss or damage sustained, and file a bond with a good and sufficient security in favor of the owners of the steamboat, barge, flatboat, water craft or raft, whosesoever they may be, whether their names be known or not, for a sum exceeding by one-half the amount of that which is claimed as a security for the payment of such damages as the owners may recover against him in case it should be decided that the attachment or proceeding was wrongfully obtained. It shall be sufficient for the oath required to be taken by the agent or attorney to be to the best of his knowledge and belief. 6. [SEC. 2897.] In addition to the privileges enumerated in title twenty-first of the Civil Code of this State, a special privilege is 1868–June 9. hereby granted in favor of attorneys at law for the amount of their Privilege of atprofessional fees on all judgments obtained by them, to take rank judgments, as first privilege thereon. upon torneys on all Notes protested to be a lien. 7. [SEC. 2898.] The protest of the notes first protested shall 1855-214. constitute a lien for the benefit of the creditors of the bank the assets of the bank not in the hands of the Auditor. 8. [SEC. 2903.] Whenever a conflict cf privilege arises between 1855-491. creditors, all the suits and claims shall be transferred to the court by whose mandate the property was first seized either in mesne process or on execution, and said court shall proceed to class the privileges Conflict be. tween creditors ferred to the seizing. to be trans court first 1866-266. Sale of property pawned. 1869-113. Mortgage, etc., on property expropriated. session. Taxes a lien. and mortgages according to their rank and privilege, in a summary manner, after notifying the parties interested. 9. [SEC. 2907.] In all pledges of movable property, it shall be lawful for the pledger to authorize the sale or other disposition of the property pledged, in such manner as may be agreed upon by the parties, without the intervention of courts of justice. 10. [SEC. 710.] Whenever any immovable property which is incumbered with mortgages or privileges of any kind, whether conventional, legal or judicial, shall be expropriated by any corporation, the same shall pass to such corporation free and clear of all incumbrances, but the amount decreed to be paid therefor shall be paid by such corporation into the court by which the expropriation shall be made, and shall be a fund to be distributed to the mortgage and privileged creditors according to their priority. 11. SEC. 39.] All licenses and taxes assessed by law on the 1870-126, extra property of any person, firm, company or corporation, are hereby declared a lien and privilege on the movable, and a mortgage on the immovable property of such person, firm, company or corporation, for his or their entire tax, any alienation thereof or incumbrance thereon notwithstanding, and shall exist in favor of the State for the amount of the State taxes assessed, and in favor of the parish for the amount of the parish taxes assessed, and shall be paid by preference over all other liens, privileges, mortgages and incumbrances. 1866-266. 12. [SEC. 2490.] All pledges of movable property may be made by private writing, accompanied by actual delivery, and the delivery Movable prop- of property, on deposit in a warehouse, shall pass by the private erty, how pawned. assignment of the warehouse receipt, so as to authorize the owner to pledge such property; and such pledge so made, without further formalities, shall be valid, as well against third persons, as against the pledgers thereof, if made in good faith. |