page 28
ACT No. 8. AN ACT To amend and re-enact the Title and Sections 1 and 2 (as amended by Act No. 190 of 1946) and Section 5 of Act 2 of the Extra Session of 1933 as amended, entitled (as amended by Act 190 of 1946), "An Act to provide additional revenues for the State of Louisiana by levying excise or license taxes and to permit parishes and municipalities of the State to levy certain excise or license taxes 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 per cent of alcohol by volume; fixing the time of collecting such taxes and providing for the expense thereof; to prescribe the manner and method of enforcing payment, and fixing penalties for failure to make same, and penalties for violating other provisions of this Act; to provide qualifications a licensee shall possess to obtain a permit; to provide offenses or acts which licensee must not commit -on premises; to provide authority for municipal officers, police juries and the Collector of Revenue to withhold issuing of state and local permits; to provide authority for persons to petition for the withholding of permits, and trial of the petition by Board of Tax Appeals; to provide appeal from withholding of State and local permits to District Court, and appeal to District Court from Board of Tax Appeals on petitions to withhold permits; to provide authority and manner of suspending or revoking permits by Board of Tax Appeals; to provide appeals to District Courts from Board of Tax Appeals in cases involving the suspending and revoking of permits; to provide authority for Collector of Revenue and Board of Tax Appeals to make rules; to provide jurisdiction of courts; to require all those engaged in the production, manufacture, sale, use, consumption, handling or distribution of 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; to require every wholesale dealer in beer, porter, ale, fruit juices, or wine to furnish a surety bond under the regulations as provided herein; to provide that the proceeds of said taxes collected under the provisions of this Act shall be paid into the General Fund of the State to be apportioned first to the Public Schools of the State, and, secondly, the residue, if any, to be alloted to various charitable institutions of the State; to provide that parishes and municipalities may impose a wholesale and retail license upon such business, not in excess of the amount allowed by the Constitution and the provisions of the Act; providing that the State shall not issue any permits for the operation of the business to be licensed in parishes or municipalities wherein the business described in this Act has been prohibited by a referendum vote held under the laws of the State; and providing for the issuance of permits to wholesalers and jobbers, and to retailers, for the conduct of such business, by the Collector of Revenue, and by the respective parishes and municipalities of the State; and providing for the definition of the terms "dealers," "Collector of Revenue," "Collector," "grocery store," and "drug store"; and to repeal any and all laws or parts of laws in conflict herewith."
Approved June 7, 1948.
page 185
ACT No. 56. AN ACT To amend and re-enact Section 6 of Act 272 of 1928, as amended by Act 178 of 1938, entitled, "An Act to abolish the offices of Justice of the Peace and Constables and create instead a City Court in Ward One of Natchitoches 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."
Approved June 20, 1948.
page 233
ACT No. 75. AN ACT To amend and re-enact Section 3 of Act No. 23 of 1938, as amended by Act No. 296 of 1942, as amended by Act No. 273 of 1946, 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 June 23, 1948.
page 257
ACT No. 90. AN ACT To amend and re-enact Section 3 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; tq 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.
June 25, 1948.
page 353
ACT No. 115. AN ACT To amend and re-enact Section 5 of Act 57 of 1877 (as amended by Act 275 of 1914, Act 52 of 1920, Act 149 of 1938, and Act 148 of 1944) entitled: "An Act authorizing the Governor to appoint additional Police Juries in country parishes; directing Police Juries to re-district their respective parishes into Police Jury wards, and these wards into one or more Justice of the Peace and election wards, and fixing the numbers of members, and time and manner of their election, the mode of filling vacancies in the Police Jury and vacancies which may hereafter occur; fixing the compensation of Police Juries; providing forfeitures for their neglect of duty, and the mode of enforcing the same; repealing Act No. 97 approved April 27, 1871, entitled 'An Act re-organizing the Police Juries of the State, prescribing the number thereof, and the mode of election, and fixing their duties and compensation.' "
Approved June 26, 1948.
page 811
ACT No. 336. AN ACT To amend and re-enact Articles 337, 338, 339, 340, 341, 342, 881, and 1072 of the Code of Practice of the State of Louisiana, as amended, and to repeal all laws or parts of laws in conflict or inconsistent herewith.
Approved July 6 1948.
page 988
ACT No. 369. AN ACT To abolish the office of justice of the peace and constable in the Fourth (4th) Ward of Morehouse Parish, and creating in their stead the Municipal Court of the Town of Bastrop and the necessary officers of said court and defining the qualifications, powers, and terms of officers,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 the disposition of the 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 in conflict with this Act.
Approved July 6, 1948.
page 1036
Act 384 AN ACT To amend and re-enact Section 1 of Article III (as amended by Act 60 of 1932, Act 194 of 1934, Act 85 of 1936, Act 257 of 1938, and Act 284 of 1946), and Section 2 of Article III (as amended by Act 60 of 1932, Act 194 of 1934, Act 85 of 1936, Act 257 of 1938 and Act 144 of 1942) of Act 273 of 1926, 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 7, 1948.
page 1049
ACT No. 386. 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 or oysters when not regulated by other statutes; declaring the title to same vested in the State in its sovereign capacity; to encourage, protect, preserve, regulate, and develop commercial fisheries of the State of Louisiana; to regulate the time, manner, extent and conditions under which the takings, possessing, transporting and disposing of same shall be lawful; to provide penalties for the violation of the provisions of this Act; to provide for the seizure, the forfeiture of vessels, air planes, vehicles and all other forms of transport used in illegal taking or transporting of commercial fish, or appropriate cases to provide instead of forfeiture for the suspension of such forms of transport; to enjoin, suspend nd 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 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 many reside; to provide for proceedings in pursuit of such demand; for execution of judgment; for revocation of all licenses derived from the Division of Commercial Fisheries and Trapping of the Department of Conservation of the State of Louisiana 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 shuck oysters; and to repeal Acts No. 145 of 1942, No. 87 of 1946, and No. 196 of 1946 and all other amendatory acts, 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.
Approved July 7, 1948.
page 1104
ACT No. 404. AN ACT To carry into effect Article VI, Section 15, of the Constitution of the State of Louisiana for the year 1921 recognizing the office of Fire Marshal of the State of Louisiana; to provide the manner of appointing the Fire Marshal; to define his duties, powers, compensation and authority; to levy a tax on fire insurance companies for defraying the expense of maintaining the office of Fire Marshal; to prescribe the duties of various local officials with respect to the enforcement of this Act; to require submission of plans and specifications to the Fire Marshal; to establish minimum standards for the exercise of the duties of the Fire Marshal; to provide minimum standards for safety and exit features of certain buildings, watercraft and movables; to provide penalties for the violation of the Act; to repeal all laws in conflict herewith, particularly Act 26 of 1914, Act 300 of 1926, Act 159 of 1944, Act 73 of 1908, Act 109 of 1884, Act 39 of 1892, Act 97 of 1888 and Act 164 of 1916; and to continue such Acts as may be repealed hereby in full force and effect insofar as the prosecution of any violation under said Acts which violations have occurred prior to the effective date of this Act.
Approved July 7, 1948.
page 1126
ACT No. 412. AN ACT To provide for the purchase of all printing, binding, lithographing, stationery, electrotypes, engraving, printing materials, and office supplies for all boards, departments, institutions, offices, commissions and agencies of the State of Louisiana from the lowest responsible bidder. and providing for the exemption of certain departments or agencies from the operation of this Act; to provide for the delivery and disposition thereof, and providing the methods, procedure, terms, conditions, standards and regulations pertaining to such purchases, and providing for damages for breach of contracts relating thereto. carrying into effect the second paragraph of Section 30 of Article IIl of the Constitution of Louisiana, and repealing all laws or parts of laws in conflict herewith.
Approved July 7, 1948.
page 1155
ACT No. 427. AN ACT Abolishing the offices of the Justice of the Peace and Constable in the Sixth Ward of the Parish of St. Mary, and the Mayor's Court in the municipal corporation of the Mayor and Councilmen of Morgan City, Louisiana, and creating in their stead the City Court of Morgan City, and the necessary officers of said court, and defining the qualifications, powers and terms of office, 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, providing for furnishing and maintenance of said Court, 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 7, 1948.
page 1240
ACT No. 456. AN ACT To abolish the offices of Justice of the Peace and Constable in Ward 2 of Bossier Parish, Louisiana, and to establish in lieu thereof the City Court of Bossier City, Louisiana, consisting of a Judge and a Marshal and the necessary employees and defining the qualifications, powers, jurisdiction and terms of office; providing for the salaries and fees of the employees and officials of said Court and the manner of payment thereof; regulating in general the authority, jurisdiction and procedure in said Court; repealing all laws or parts of laws in conflict herewith; providing that if any section, paragraph, clause, or sentence should be declared unconstitutional or illegal for any reason it shall not affect the remaining portions of said Act and to provide the effective date hereof.
Approved July 8, 1948.
