page 227
ACT No. 72. AN ACT To amend and re-enact Section 8 of Act 59 of 1930, which Act 59 of 1930 is entitled: "An Act abolishing the offices of justice of peace and constable in the Fifth Ward of the Parish of Ouachita, and creating in their stead the City Court of West Monroe, and the necessary officers of said court, and defining the qualifications, powers and terms of offices, and the time and manner of election or appointment, jurisdiction of said court, manner of taking appeals therefrom, domicile of said court and method of executing process, and providing for salaries and fees of the officers thereof, and providing for the disposition of fines and penalties assessed and collected by said court, and for the care and use of the prisoners awaiting trial and tried and convicted by said court, and to repeal all laws or parts of laws, general or special, in conflict with this Act."
Approved July 12, 1946.
page 235
ACT No. 78. AN ACT To amend and re-enact the title and Sections 3, 7, 8, 10, 12, 13, 15, 17 and 18 of Act 143 of the Legislature of 1942, entitled: "An Act to declare all salt water shrimp and parts thereof in the waters of the State to be the property of the State of Louisiana, and to provide the manner and extent of their reduction to private ownerships; to encourage, protect, conserve, regulate and develop the shrimp industry of the State of Louisiana; to provide penalties for the violation of the provisions of this Act, and to repeal Acts No. 85 of 1904, No. 86 of 1918, No. 68 of 1920, No. 103 of 1926, No. 50 of 1932, No. 193 of 1934, No. 314 of 1940 and all other Acts amendatory thereof and all laws or parts of laws in conflict herewith, and to preserve all rights of action and prosecution heretofore accruing under all prior laws," and to add provisions giving the people of this State a right of civil action for penalties for infractions of this Act; giving jurisdiction to Justices of the Peace and to competent municipal courts in the parish where the offense was committed in cases where the amount involved does not exceed the jurisdiction of such courts, regardless of where the defendant may reside; to provide for proceedings in pursuit of such demands; for execution of judgment; for revocation of all licenses derived from the Department of Wild Life and Fisheries and their suspension so long as the judgment shall not be satisfied; providing for concurrent jurisdiction in the District Courts; authorizing suit for damages in the District Courts where the amount involved shall exceed One Hundred and No/100 ($100.00) Dollars; authorizing a boat licensed hereunder for shrimp fishing to also engage in commercial fishing without the payment of additional boat license; authorizing wholesale and retail dealers in shrimp to engage in retail sale of shrimp, oysters and fish.
Approved July 12, 1946.
page 489
ACT No. 187. AN ACT To amend and re-enact Section 4 of Act 103 of 1898, as amended by Act 29 of 1900, as amended by Act 109 of 1920, and as amended by Act 229 of 1932, entitled: "Al Act abolishing the office of Justice of the Peace and Constable in Ward Four, Caddo Parish, and creating in their stead the City Court of the City of Shreveport, consisting of Judge and Marshal, and defining their qualifications, powers, jurisdiction and term of office; providing for their salaries and fees and place of office and method of executing process."
Approved July 18, 1946.
page 499
ACT No. 190. AN ACT To amend and re-enact the Title (as amended by Act 203 of 1940 and Act 203 of 1944), and Sections 2, 3, 4, 6, 13, 14, 18, 19, 24 and 25 of Act 2 of the Extra Session of 1J33 as amended, entitled "An Act to provide additional revenues for the State of Louisiana by levying excise or license taxes in lieu of all other excise or license taxes thereon except as herein provided, or as may be levied by parishes and municipalities of the State as herein authorized on all beer, porter, ale, fruit juices, or wine sold, handled, used, consumed or distributed in the State of Louisiana of an alcoholic content not exceeding that which is now permitted or which may be hereafter permitted by law, but greater than one-half of one percent of alcohol by volume; fixing the time of collecting cuzh taxes and providing for the expense thereof; prescribing the manner and method of enforcing payment, and fixing penalties for failure to make same; requiring all those engaged in the production, manufacture, sale, use, consumption, handling or distribution of such beer, porter, ale, fruit juices, or wine to make such reports of their business as may be necessary for the proper enforcement of this Act; providing that the proceeds of said taxes collected under the provisions of this Act shall be paid into the General Fund of the said State, and providing that such business shall not be licensed, nor shall this Act be construed as permitting such business to be conducted, in parishes and municipalities where, by a vote of a majority of the duly qualified electors thereof, at an election to be held as herein provided, it has been determined that such business shall not be therein permitted and provided, further, that such parishes and municipalities may impose a wholesale or retail license upon such business, not in excess of the amount allowed by the Constitution; and providing for the issuance of permits to wholesalers and jobbers, and to retailers, for the conduct of such business, by the Supervisor of Public Accounts, and by the respective parishes and municipalities of the State."
Approved July 18, 1946.
page 540
ACT No. 196. AN ACT To amend Sections 1, 4, 14, 15, 17, 18, 19, 20, 21, 22, 25, 26, 28, 29, 30, and 34 of Act 145 of 1942, as amended by Act 21 of 1944, as amended by Act 46 of 1944, as amended by Act 124 of 1944 and as amended by Act 166 of 1944, entitled: "An Act to conserve and protect fish and all other aquatic life of commercial or economic value, existing in this State including alligators, commercial salt water shrimp and oysters when not regulated by other statutes; declaring the title to same vested in the State in its sovereign capacity; to regulate the time, manner, extent and conditions under which the taking, possessing, transporting and dispensing of same shall be lawful; to fix penalties for the violation of the provisions of this Act; and to repeal Acts 104 of 1918; No. 68 of 1932, No. 132 of 1938 and all laws or parts of laws in conflict herewith, and to preserve all rights of action and prosecution heretofore accruing under all prior laws;" to add provisions to Section 34 for the seizure, and forfeiture of vessels, air planes, vehicles and all other forms of transport used in illegal taking or transportation of commercial fish, or in appropriate cases to provide instead of forfeiture for the suspension of such forms of transport; to enjoin, suspend and punish operators of such forms of transport; for proceedings and compromises therein; to provide for the recovery of civil penalties as well as inflicting criminal penalties for infractions of this Act; giving .jurisdiction to any Justice of the Peace and to competent municipal courts in the parish where the offense was committed in cases where the amount involved does not exceed the jurisdiction of such court, regardless of where the defendant may reside; to provide for proceedings in pursuit of such demands; for execution of judgment; for revocation of all licenses derived from the Department of Wild Life and Fisheries and their suspension so long as the judgment shall not be satisfied; providing for concurrent jurisdiction in the District Courts; authorizing suit for damages in the District Courts where the amount involved shall exceed One Hundred and No/100 ($100.00) Dollars; authorizing a boat licensed hereunder to engage in shrimp fishing without the payment of additional boat license; authorizing wholesale and retail dealers in fish to engage in the retail sale of shrimp and shucked oysters.
Approved July 18, 1946.
page 558
ACT No. 197. AN ACT To amend and re-enact Sections 1, 2 3, 4, 6. 8, 12 and 15, of Act 80 of 1926, as amended, entitled: "An Act Declaring wild non-game quadrupeds, or fur-bearing animals, and alligators within the State, and the skins taken from such animals to be the property of the State, until then shall have been paid to the State of Louisiana through the Department of Wild Life and Fisheries, a tax levied thereon by the provisions of this Act; levying an annual license tax on those engaged in the buying of hides and skins taken from wild fur-bearing animals and alligators within the State; prohibiting the conduct of such business without such license; levying a tax on the hides and skins taken from wild fur-bearing animals and alligators within the State; fixing the time when, by whom, and under what conditions, such tax shall be paid; defining the time and making an open season for the trapping of all fur-bearing animals, and the taking and killing of alligators ; and fixing the manner in which such trapping shall be done, limiting the number of traps that can be used by one trapper, and providing for daily visits to set traps; defining non-game quadrupeds; to prohibit persons, firms, corporations or associations from shipping or selling hides or skins taken from wild fur-bearing animals or alligators within the State unless said tax is paid thereon ; requiring all persons dealing in hides and skins taken from wild fur-bearing animals and alligators within the State to keep a record of all receipts and sales of said hides and skins, and to make sworn report of same to the Department of Wild Life and Fisheries; to define trappers, fur dealers, fur buyers resident and non- resident; giving the right to the Department of Wild Life and Fisheries to confiscate all illegally taken pelts of fur-bearers, or pelts on which the tax is not paid; providing for the disposition of monies taken in under the provisions of this Act; making it unlawful to have in possession immature non-game quadrupeds and defining same; to provide penalties for the violation of this Act and to repeal all conflicting laws;" to provide for the recovery of civil penalties as well as inflicting criminal penalties for infractions of this Act; giving jurisdic- tion to any Justice of the Peace and to competent municipal courts in the parish where the offense was committed in cases where the amount involved does not exceed the jurisdiction of such Court. regardless of where the defendant may reside; to provide for proceedings in pursuit of such demands; for execution of judgment; for revocation of all licenses derived from the Department of Wild Life and Fisheries and their suspension so long as the judgment shall not be satisfied; providing for concurrent jurisdiction in the District Courts; authorizing suit for damages in the District Courts where the amount involved shall exceed One Hundred and No 100 ($100.00) Dollars."
Approved July 18, 1946.
page 647
ACT No. 216. AN ACT To carry into effect the second paragraph of Section 30 of Article III of the Constitution; to provide for the purchase, from the lowest responsible bidder, by contract and under the regulations prescribed in this act, of all stationery, printing, paper and other supplies necessary for use in all departments of the State government, and to that end to provide for and regulate public printing for both houses of the State Legislature, the printing of bills and resolutions, the journals and calendars, and all other forms required for both houses; and furnishing of stationery, paper and all office supplies for the State of Louisiana and for all public boards, state institutions, public corporations, departments and agencies thereof; to regulate and prescribe the manner in which the same shall be done, defining the manner in which contracts shall be let; to classify the various kinds of printing and contracts to be made; creating a Board of State Printing and defining its powers and duties, and repealing all laws in conflict herewith.
Approved July 18, 1946.
page 825
ACT No. 273. AN ACT To amend and re-enact Section 2 of Act No. 23 of 1938, as amended by Act No. 296 of 1942, entitled "An Act abolishing the offices of the Justice of the Peace and Constable in the Second Ward of the Parish of Jefferson Davis, and in their stead, creating, establishing and validating the present City Court of the City oF Jennings and recognizing and retaining in office, and confirming all official acts of, the Judge and Marshal of said Court, commissioned, qualified and acting; defining the qualifications, powers, jurisdiction and terms of offices of the officers of said Court; and providing for their salaries and fees, places of offices and method of executing process."
Approved July 18, 1946.
page 827
ACT No. 274. AN ACT To amend and re-enact Section 5 of Act 51 of 1902 (as amended by Act 12 of 1910, Act 24 of 1920, Act 224 of 1928, and Act 245 of 1938) entitled: "An Act abolishing the offices of Justice of the Peace and Constable in Ward Three (3), Calcasieu Parish, and creating in their stead the City Court of the City of Lake Charles, consisting of a Judge and Marshal, and defining their qualifications, powers, jurisdiction and term of office, and providing for their salaries and fees, and method of executing process."
Approved July 18, 1946.
page 1003
ACT No. 310. AN ACT To amend and re-enact Section 4 of Act 157 of the Regular Session of the Legislature of the State of Louisiana of 1926 as amended by Act 10 of the Regular Session of the Legislature of 1928 entitled "An Act to abolish the office of Justice of the Peace and create instead a municipal court in Ward One of Lincoln Parish; to designate and provide for the election of its officers and for officers pro tempore, and prescribe their qualifications, powers, duties, and compensation; to fix its domicile, define its jurisdiction, provide for service and execution of its process, and for appeals from said Court; and to repeal laws in conflict herewith." Due notice of the intention to apply for the passage of this Act having been published for thirty days as required by Section 6 of Article IV of the Constitution of the State of Louisiana for the year 1921, and evidence thereof having been exhibited to the Legislature.
Approved July 18, 1946.
page 1061
ACT No. 332. AN ACT To amend and re-enact Sections 1, 4 and 15 of Article I; Sections 2, 5 and 6 of Article II; Section 5 or Article III; and Section I of Article IV of Act 273 of. 1926, as amended by Act 194 of 1934, as amended by Act 85 of 1936, as amended by Act 257 of 1938, as amended by Act 117 of 1940, as amended by Act 144 of 1942, as amended by Act 235 of 1944, entitled: "An Act to conserve and protect wild birds and wild game quadrupeds located in this State, declaring title to same vested in the State in its sovereign capacity; to prohibit or regulate the time, manner, and extent and condition under which the taking, possessing, transporting and disposing of same shall be lawful; to fix penalties for the violation of the provisions of this Act, and to repeal certain laws or parts of laws;" and to add provisions giving the people of this State a right of civil action for penalties for infractions of this Act; giving jurisdiction to any Justice of the Peace and to competent municipal courts in the parish where the offense was committed in cases where the amount involved does not exceed the jurisdiction of such courts, regardless of where the defendant may reside; to provide for proceedings in pursuit of such demands; for execution of judgment; for revocation of all licenses derived from the Department of Wild Life and Fisheries and their suspension so long as the judgment shall not be satisfied; providing for concurrent jurisdiction in the District Courts; authorizing suit for damages in the District Courts where the amount involved shall exceed one hundred ($100.00) dollars.
Approved July 19, 1946.
page 1128
ACT No. 354. AN ACT Abolishing the offices of the Justice of the Peace and Constable in the First Ward of the Parish of Acadia, and creating in their stead the City Court of the City of Rayne, and the necessary officers of said court, and defining the qualifications, powers and term of offices, and the time and manner of election or appointment, jurisdiction of said court, manner of taking appeals therefrom, domicile of said court and method of executing process, and providing for salaries and fees of the officials thereof, and providing for the disposition of fines and penalties assessed and collected by said court, and for the care and use of the prisoners awaiting trial and tried and convicted by said court, and to repeal all laws or parts of laws, general or special, in conflict with this act.
Approved July 19, 1946.
page 1204
ACT No. 384. AN ACT To amend and re-enact the Title and Sections 4, 5, 6, 11, 24, and 28, as amended, of Act 15 of the Regular Session of 1934 entitled "An Act To regulate the traffic in malt, vinous, spirituous, alcoholic or intoxicating liquors, containing more than six (6%) per centum of alcohol by volume as defined in this Act, and, as incidental to such regulation, to provide additional revenue for the State of Louisiana by the levying of an excise or license tax, in lieu of all other such excise or license taxes thereon, except as herein provided, or as may be levied by parishes and municipalities of the State as authorized by law, on all such malt, vinous, spirituous, alc3holic or intoxicating liquors containing more than six (6%) per centum of alcohol by volume, sold, handled, used, consumed, stored or distributed in the State of Louisiana; to define "alcoholic beverages"; to define "liquors", "sparkling wine", "still wine" and "beer"; to define "dealers", "manufacturers", 'wholesale dealers" and "retail dealers"; to define "Supervisor", "stamp" and "person"; to provide for the collection of said tax by summary process where necessary; to require the use of stamps as evidence of the payment of said tax; to provide against evasions of the tax; to provide for rules and regulations for the enforcement of the provisions of this Act, and the collection of the tax levied thereby; to provide for the licensing of dealers under this Act and for the regulation of their business, in aid of the enforcement of the tax; to provide for the seizure, forfeiture and sale, as contraband goods of the taxable articles held, owned and possessed in violation of this Act. and for the filing, trial and settlement of claims, respecting the same; providing for the search of suspected places, and for the examination of books and records, and for the search, seizure, forfeiture and sale of property in which the taxable articles are being illegally transported; providing that all taxes collected under the provisions of this Act, less costs of collection, shall be paid into the State Treasury and credited to the "Property Tax Relief Fund"; providing that such liquor business shall not be licensed nor shall this Act be construed as permitting such business to be conducted in parishes, wards and municipalities where, by vote of a majority of those duly qualified electors voting at an election to be held as provided, in House Bill No. 25 of the regular session of 1934 (Act No ......... of 1934), it has been determined that such business shall not be therein permitted; providing that parishes and municipalities may impose wholesale and retail licenses upon such business; providing for the issuance of permits by the Supervisor of Public Accounts to manufacturers, wholesalers, jobbers, solicitors and retailers for the conduct of such business, and by the respective parishes and municipalities of the State; providing for the regulation of such business by the parishes and municipalities of this State; providing penalties for the violation of this Act, for violation of regulations issued hereunder by the Supervisor of Public Accounts, and for the violation of ordinances and regulations of the parishes and municipalities pursuant to this Act; providing that if any section or other part of this Act be declared unconstitutional by a Court of last resort, such decision shall not affect or impair the validity or constitutionality of any other part thereof; and to repeal all laws or parts of laws contrary to or inconsistent with the provisions of this Act, excerpt Act No. 2 of the Extra Session of 1933, and the provisions of House Bill No. 345 of this present legislative session should the same be enacted into law."
Became law by limitation
page 19
ACT No. 317. House Bill No. 416. A JOINT RESOLUTION Proposing an amendment to Section 51 of Article VII of the Constitution of the State of Louisiana, relative to the jurisdiction and powers of City Courts.
NOTE: The above was No. 15 on the ballots voted on through out the State on November 7, 1944, and carried by the following vote.
FOR ..................................... 92,979 votes
AGAINST ............................... 57,009 votes
