The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1871-07-01
Laws of the State Of Louisiana.
BY AUTHORITY.
Extra Session Of 1870.
NO. 90,
AN ACT


of Louisiana in general assembly convened.
That all idle persons [vho. not having visi-
BILE means to maintain themselves, live with
out employment all persons wandering
abroad, and lodging in taverns, groceries.
beer houses, onthouses. market places,
sheds, or barns, or in the open air. and not
giving a good account of themselves; all
persons wandering abroad and begging. or
who 60 about from door to door, or place
themselves in the streets, highways, passa-
ges, or other public places, to beg or receive
aims, shall be deemed vagrants.
SEC. O.. Be it further. enacted, etc, That
it shall be the duty Of any sheriff, constable,
policeman, or other peace officer, whenever
grant before the Board of Metropolitan Po-
lice. or any commissioner of the said Board
of Metropolitan Police, at sucl. place to be
designated by the said board to be exam
ined, whether or not there is sufficient
grounds for such arrest. If the arrest is
improper and not justified, the prisoner
shall be released and set at liberty imme-
diately. If, after brief and summary ex-
animation which shall take place within
twenty four hours from such arrest, Sun
days and holidays not included, it appears
that the arrest was made on sufficient
grounds, it shall be the duty of said board,
or of said commissioners detailed BY said
board, to designate justice of the peace
in the parish OF Orleans, or the recorder Of
the city of New Orleans, before whom the
party charged with vagraney shall be forth
with sent for examination and trial, which
shall take place within forty eight hours
to begin from the time the pri:oner and
papers were receipted for by said justice OF
the peace or recorder
SEC. 3. Be it further enacted, ETC., That
IL, after trial. the, justice of the peace or re-
corder be satisfied, by the confession of the
offender, or by competent testimony, that
such person il vagrant within the descrip-
tion 4foresaid, he shall make up and sign a
record of conviction thereof, which shall
BE- filed in the office of the Board of Metro
politan Police. And said justice or recorder
shall issue warrant to commit such va
grant to the Workhonse of the city for anv
time not exceeding six months, here to be
kept at hard labor; or, if sucl, vagrant be
a proper object Of charity, to some place of
refuge to be provided by the Common
Council of the city of New Orleans. The
cost for maintaining said vagrants arrested
on the right bank of the Mississippi river,
shall be charged to the police jury OF The
right hank of tfie parish Of Orleans, reim-
bursed by them to the city Of New Orleans.
t. SEC. 4. b. it further enacted, etr., That
if any child shall be found begging for aims,
or soliciting charity from dnor to door, or
in any street, highway or public place, such
child shall be deemed vagrant, and any
recorder or justice of the peace, in the city
of New Orleans or parish of Orleans, shall
commit him or her to such place nf refuge
as may be provided by the city or parochial
authorities, and the child shall be there de-
tanned, kept, employed and instructed in
such useful labor as he or she shall be able
to perform until discharged therefrom.
SEC. 3. Be it further enacted, etc, That
al vagrants apprehended with any picklock
or other instrument. with the probable in
tention, to feloniously break in and enter
any. dwelling house, shop, store, office,
church, courthouse, onthouse appurtenant
to dwelling house, yard or garden, or with
any offensive weapon with probable inten-
tion to feionionsly assault any person, or
who shall be found in any dwelling house,
yard or garden, with probable intent to
steal or commit any crime or, felony, shall
be sent before the First District Court for
the parish Of Orleans. and, npon conviction
by the verdict ofa jury. shall be punished
with imprisonment, with or without hard
labor, for period not exceeding two years.
Sec. 6. Be it further enacted, etc, That
any person arrested under the provisions Of
this act. shall have the right to trial by
inry before the First District Court for
the parish Of Orleans; provided, such righ,
is claimed before sentence BY the recorder
or Justice of the peace Of the city of New
Orleans. or parish Of Orleans, before whom
the examination shall take place; and it
shall be the duty Of said recorder or justice
Of the peace to commit the prisoner to the
First District Court for the parish of Or
leans, to be tried by jlry, and upon com
viction, all vagrants or person who do not
belong to that class described in, and to be
furnished fpunished] by section five Of this
act. shall be punished with imprisonment
in the Workhouse of the city Of New Or
leans for the period not exceeding one year
and. If such vagrant be proper object Of
charity, he shall be sent to some place oi
refuge, to be provided for BY the Common
Council Of New Orleans. sat.5
SEC. Il Be Ii further enacted, etc, That
all persons condemned and sentenced by
virtue of this act, without verdict ofjnry,
NAV be released by the Board Of Metropolis
tan Police, in the following cases only
First--If the vagrant belongs to any other
parish OF the State, and the police jury o,
any municipal corporation of said parish
recommends his release. /. ss
| Second--Tf he is from any other Stats
| ii his release IL recommended and claimed
by the city. town or county to which hs
belongs. ss .t9sI g 5
Third-Ifhe is foreigner, and the con.
sui or consular agent Of his nation recon.
mends and claims his release, and not Il
return to the State of Louisiana.
Fsurth-If the Board of Metropolitan Pc,
lice have reason to presume that the sagran'
is repentant and will dernean himself arc
| behave hirnselfas an unoffendiag and law
abiding person, and is claimed and vouchet
| for by two resposibie citizens and property
holders Of the parish or city Of New Or,
leans, that they will furnish said vagran
with permanent ernployrnen and work.
SEC. g. Be It further enacted, etc, Tha
all persons harboring vagrants, knowing
them to- be such, shall. upon conviction. b,
fined in a.suin not exceeding one hundred
dollars nor less thaa fifty dollars. recovera
Bile in the same, andsby the Board Of Me
tropolitan Police, before any recorder 0
Justice Of the peace of the city of New Or
i leans LIE @Nsta