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1870-47.

or incorporated town or city, after having obtained judgment in their favor, to issue his mandate directed to the sheriff or other tax collector of the parish or incorporated town or city in which the judgment may have been obtained to proceed forthwith to collect the taxes in the same manner as is prescribed by existing laws; and the same shall be appropriated to the payment of the judgment and costs, the sheriff or other tax collector retaining the commissions allowed by law for the collection of parish taxes as compensation for his services.

SEC. 449. Hereafter neither police juries or other parish No parochial authorities, nor the officers of any municipal corporation shall or municipal have or exercise the power to ordain, levy or collect a per capita levy per capita tax for any purpose whatsoever.

corporation to

tax.

taxes.

SEC. 450. Hereafter neither police juries nor other parish Special road authorities shall make appropriations or expenditures for the purpose of making or repairing the public roads or bridges in their respective parishes until provisions for the payment of such appropriations or expenditures have been made by laying a special tax on all the real and personal property in the parish, and payment for work performed or material furnished for making or repairing roads or bridges shall not be made from or out of any other fund or funds of the parish.

Road fund.

1877-47, extra

SEC. 451. When the police jury or other parish authority of any parish in which there is a municipal corporation or corpo rations shall cause to be assessed and collected a tax for road purposes, the amount of tax so collected from property situated within the limits of said municipal corporation, less the expense of collecting the same, shall be paid over by the collector of parish taxes to the treasurer of said municipal corporation, and the authorities of said municipal corporation shall expend the said fund for the purpose of making or repairing the roads, streets or bridges of said municipal corporation.

SEC. 452. No police jury of any parish nor any municipal session. corporation in this State shall make any appropriation of money Police juries for any year which separately or together with any other appro corporations priations of the same year shall be in excess of the actual revenue propriations for that year of the said parish or municipal corporation.

and municipal

Claims not to exceed rev. enues of the year.

How the rev

applied.

SEC. 453. No police jury of any parish nor municipal corporation in this State shall approve any claim or make any expenditure which shall separately or toge her with other claims approved or expenditures made be in excess of the actual revenues of that year.

SEC. 454. The revenues of the several parishes and municipal enues are to be corporations of this State, of each year, shall be devoted to the expenditures of that year; provided, That any surplus of the said revenues may be applied to the payment of the indebtedness of former years

Police juries

pay parish offi

stead of fees.

SEC. 455. The police juries of the several parishes of this may contract to State may and they are hereby authorized and empowered to cers salaries in contract for fixed and determined sums of money with those offi cers who receive in compensation for services under existing laws, fees, commissions or mileage from the said parishes; prorided, The compensation allowed shall not exceed fifty per centum of the fees allowed by the laws of the State.

SEC. 456. No evidence of indebtedness or warrant for the No warrant to be issued except payment of money shall be issued by any officer of any parish or against money municipal corporation in this State, except against money actu- in the treasury. ally in the treasury of the said parish or municipal corporation. Any person violating the provisions of this section shall, on conviction, be punished by imprisonment or fine, or both, at the discretion of the court; provided, That this section shall not apply to the certificates issued to jurors and witnesses for their services in the courts.

power to punish

sons contraven

SEC 457. The city councils of the incorporated cities of this City councils State are vested with full power to punish with a fine, not vested with exceeding the sum of eight hundred dollars, any contravention with fine perof the police regulations by which any individual is forbidden to ing regulations keep in his house or place of residence more than a certain relative to quantity of gunpowder, as fixed by the said police regulations, powder. and to apply a part of the fines to the informers, and the other part to the benefit of the corporation of the cities.

LEVY OF TAX FOR PUBLIC IMPROVEMENTS.

keeping gun

In what man

may levy

ments.

SEC. 458. Whenever one-tenth of the property taxpayers of Const. Art. 209, any parish, city, incorporated town or municipality in this State 1882-177. shall petition the police jury, city, town or municipal authorities ner political to levy an increased rate of taxation for the purpose of construct- corporations ing public buildings, bridges without draws and works of public special tax for improvements in such parish, city, town or municipality, the said public improve police jury, city, town or municipal authorities shall order a special election for that purpose, and shall submit to a vote of the property taxpayers of such parish, city, town or municipality entitled to vote under the election laws of the State the rate of taxation and the purpose for which it is intended; provided, That said election be held under the general election laws of the State at that time in force, and at the polling places at which the last preceding general election was held, and not sooner than twenty days after the official publication of the petition and ordinance ordering the election, which shall be made in the same manner provided by law for judicial advertisements.

SEC. 459. A special tax may be levied by any parish, city, incorporated town or municipality in the State, for the construction and erection of public buildings, bridges, with or without a draw, and other works in the parishes where such towns and cities are situated, when a majority of the property taxpayers of such parish, city, incorporated town or municipality voting at such election shall have voted therefor.

SEC. 460. Publication of the result of said election shall be made by ten days' advertisements immediately thereafter, and the police juries, city, town and municipal authorities shall have the same power to enforce the collection of any special tax that may be authorized by said election as by law provided for the collection of other taxes.

PAROCHIAL AND MUNICIPAL AID TO PUBLIC WORKS.

Const. Art. 242, 1880-108.

In what man

SEC. 461. Whenever one-third of the property taxpayers of any parish, city or incorporated town in this State shall petition ner parishes the police jury, municipal or town authorities of their parish, city and towns may levy special tax or town to levy a special tax in aid of any work of public improve- in aid of railment or railway enterprise, the said police jury, municipal or town public works.

ways and other

1882-60.

Manner of proceeding to incorporate a town or city.

Notice to be

the election.

authorities shall order a special election for that purpose and submit to the property taxpayers of their parish, city or town enti tled to vote under the general election laws of the State, the rate of taxation and the purpose for which it is intended; provided, said election be held under the general election laws of the State at that time in force and at the polling places at which the last preceding general election was held, and not sooner than thirty days after the official publication of the petition and ordinance ordering the election, both of which shall be made in the same manner as provided by law for judicial advertisements.

SEC. 462. A special tax may be levied by any parish, city or incorporated town in this State to aid the construction and erection of public buildings, bridges and other works of public improvement, to be erected and constructed within the limits of said parish, city or town by a vote of the majority of the property taxpayers in number and value; provided, however, the property taxpayers of any parish may levy a special tax to aid in building bridges over streams dividing their parish from any contiguous parish or State, and the property taxpayers of any city or incorporated town may levy a special tax in aid of works of public improvement or railway enterprises extending beyond the corporate limits of their city or town, but not beyond the limits of the parish in which said city or town may be situated.

SEC. 463. A special tax may be levied by any parish, city or incorporated town in this State in aid of any work of public im provement or railway enterprise extending within or beyond the limits of the State, when a majority of the property taxpayers in number and value shall vote therefor.

SEC. 464. Police juries or municipal authorities ordering elec tions under this act shall, ten days after each election, make public and official promulgation of the result, and shall have the same power to enforce and collect any special tax that may be authorized by said election, as may be by law conferred upon them, for the collection of other taxes.

INCORPORATION OF TOWNS.

SEC. 465. Whenever a petition, signed by a majority of the property tax-payers of any town or village, setting forth their desire to be incorporated, the boundaries of the proposed corporation shall be presented to a justice of the peace of the ward in which it is situated, or if there be none, to a justice of the peace in an adjoining ward. It shall be his duty to immediately order an election for a mayor and five trustees of the proposed incorporated town, provided, there be two hundred inhabitants living within the proposed limits.

SEC. 466. The said election shall be preceded by a notice of given prior to ten days in one or more newspapers published in the said town, or if there be none, by posting as required in sheriffs' or constables' sales, the said notice to set forth specifically the manner in which it is to be conducted.

Justice to designate com.

SEC. 467. The said justice of the peace shall designate the polling places and commissioners of election, as well as the manmissioners, etc. ner of making the returns and counting the votes.

Who shall

SEC. 468. At all such elections all persons qualified to vote vote at such under the election laws of the State, and living within the pro- election. posed limits, shall be entitled to vote for mayor and trustees.

missioned by the Governor.

SEC. 469. As soon as the result of the election shall have Officers elect been promulgated by the justice of the peace under which it is ed to be comheld, the Governor shall commission as mayor and trustees the persons who shall have received the highest number of votes for these offices respectively, and when they shall have qualified by taking the oath prescribed by the Constitution, they shall constitute the first mayor and council of the proposed incorporated town, and shall hold their offices until their successors shall have been elected under the proposed charter and shall have qualified. SEC. 470. It shall be the duty of the mayor and council thus elected to immediately prepare a charter for the said town or submitted to city, and to submit the same to the electors living within the proposed limits thereof, qualified under the election laws of the State, for adoption or rejection, the said election to be preceded by a notice or proclamation for thirty days, which shall be published in the manner set forth in Sec. 466, and shall contain the proposed charter or act of incorporation in full.

SEC. 471. The mayor and council shall immediately canvass the votes cast at such election, and if it shall appear that a majority of the qualified voters of the town or village have voted in favor of the adoption of the proposed charter or act of incorporation, it shall become its permanent charter, and shall be proclaimed as such by the mayor thereof.

Charter to be

the people.

If charter re

ceive a majority

of votes to be declared adopt

ed.

Proceedsnga

SEC. 472. It shall be the duty of the officers named in this act to carry out strictly its provisions. In case of the refusal of to be had in any one of them so to do, any one of the signers of the petition case the officers may sue out a writ of mandamus before any judge of competent th provisions jurisdiction, commanding him to perform his duty in the premises. of this act.

CHANGE OF MUNICIPAL CHARTERS.

fail to carry out

ters of cities

SEC. 473. The charter of any city or town in the State of 1880-138. Louisiana (the city of New Orleans excepted) may be changed or Manner of amended in the following manner, viz: Whenever a petition, changing charsigned by one-third or more of the property taxpayers of any and towns. city or town, setting forth the desired changes or amendments, is presented to the council, it shall be the duty of the city or town council to order a special election in such form and manner that the people may vote for or against each proposed amendment, alteration or change separately; i. e., first proposed amendment for approval or against approval, and in like manner as to the others; and if a majority of the qualified electors at such election shall approve and ratify such amendment or amendments, the same shall be appropriately numbered and become a part of the charter and be proclaimed as such by the mayor or other executive head.

How elections

SEC. 474. The city or town council shall prescribe the manner of holding such election; provided, it shall be held at the polling shall be held. places of the preceding general election and in conformity with existing laws as far as applicable.

Public notice of such election to be given.

How salaries

SEC. 475. Every such election shall be preceded by notice for thirty days in one or more newspapers published in the town or city, if there be one. In case there be none, then by posting, as required in sheriffs' or constables' sales, when there is no newspaper published; such notice shall contain proposed changes, alterations and amendments properly numbered.

SEC. 476. Salaries of officers and compensation of employes and compensa, may be increased or reduced under the provisions of this act, and employes notwithstanding the term for which the officer or officers, ed or diminish employe or employes may have been appointed or elected shall not have expired.

may be increas

ed.

How often such elections may be held.

Mayor and

councilmen of

to act promptly on the pro

SEC. 477. Elections under the provisions of this law shall not be held in any town or city oftener than once every twelve months.

SEC. 478. It shall be the duty of the mayor and council of any city or town, on the reception of any petition as aforesaid, any city or town promptly to carry out all the provisions of this act. In case of his or their refusal so to do, any one or more of the signers of visions of this the petition may sue out a writ of mandamus, before any judge of competent jurisdiction, commanding them to perform their duty in the premises.

act.

1857-61.

II. PRIVATE CORPORATIONS IN GENERAL.

SEC. 479. Every corporation organized, or which may hereCorporations after be organized under and by virtue of any law of this State, shall establish its domicile at some place within the State of Louisiana, and not elsewhere.

to establish

their domicile in Louisiana.

Meetings.

SEC. 480. Every such corporation shall hold all its meetings elections, etc., for the transaction of business appertaining to its corporate purplace of domi poses or capacity, whether of its stockholders at large, for cile, under pain election of officers, or other purposes, or of its directors, mana

to be held at the

of nullity.

1855-485.

Railroad companies may mortgage their roads in whole or in part.

Effect of the

mortgaged.

gers, trustees, or other officers charged with the direction of its affairs, at the place of domicile of said corporation, and any such meeting held elsewhere, and any business transacted at any meeting held elsewhere, shall be unlawful and of no effect.

SEC. 481. Any railroad company established under the laws of this State may, to secure the payment of any obligation contracted by said company for the construction of the road, mortgage their road, in whole or in part; and such mortgage, if made of the entire road, shall bear upon the entire road, though the same be not completed at the time the mortgage was made; and such mortgage may also be made to bind the appurtenances of said road, its warehouses, depots, water stations, locomotives, etc.

SEC. 482. A mortgage made by any of the companies shall mortgage upon bind the road, its warehouses, depots, water stations, locomothe property so tives, and other appurtenances, that may be mortgaged in the several parishes where the same may be, by the record of the mortgage in the parish where the principal office or domicile of the road may be; and such mortgage need not be reinscribed to continue it in force.

Mortgages,

where recorded.

Corporation charter when forfeited, how proceeded against.

SEC. 483. Whenever the charter of any corporation in this State shall be decreed forfeited by any competent court, the district attorney of the district shall forthwith inform the Governor of the fact, who shall thereupon appoint a liquidator to take charge

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