1882-106. Board of Health to in Owner of building to furnish water sup ply for each room. Board of Health, located at New Orleans, exhibiting their organization and a synopsis of their operations during the previous year, the same to be embodied in the annual report of the State Board. INSPECTION OF BUILDINGS IN NEW ORLEANS. SEC. 217. It shall be and is hereby made the duty of the Board of Health in the city of New Orleans, to make, or cause to be made, a thorough and complete inspection of all buildings spect buildings. and premises within the limits of the city of New Orleans, occupied or used as dwelling houses, boarding houses, tene ment houses, lodging houses, hotels or private residences, and ascertain whether such premises, and the grounds, alleys, yards and enclosures on said premises are kept cleanly, and free from filth, garbage, putrid or fermentable matter and noxious growth, and matter tending to injure or impair the health of the occupants, or those residing in the vicinity, and also to ascertain and determine whether such premises have, or possess sufficient or adequate water supply, or means of water supply necessary for health and cleanliness, as provided in this act, and for that purpose, and to that end, any member of the Board of Health, or any person or persons designated or authorized by the Board of Health, shall have the right to enter upon and inspect 'such premises, between the hours of 9 A. M. to 4 P. M., on any day, and as frequently as said Board of Health shall deem necessary, to enforce and carry out the provisions of this act. SEC. 218. It shall be, and is hereby made the duty of the Owner of or any premises building, situated within the limits of the city of New Orleans, described or referred to in the preceding section to provide and furnish every such premises and building with adequate water supply, by means of either suitable hydrant connection with the system of public water supply, or water works in said city, or with cistern capacity for receiving, holding and storing at least two hundred gallons of water for each and every habitable room in the buildings, on said premises, excluding in such estimate all rooms not in the main building or buildings on said premises, unless such room, situated in a wing or out-house, shall be used as a sleeping room or for lodgers, and in case there shall be any stable or place for stabling animals on said premises, in actual use for said purposes. SEC. 219. In all cases where the owner or owners of the property and premises referred to in the two preceding sections shall not reside in the city of New Orleans, or where such property shall belong to an estate, succession or corporation, it shall be the duty of the agent or representative of the owners thereof, or the person who shall have charge of said property for the owner thereof, or who shall collect the rent of such premises, if the same are under lease, to provide and furnish to such premises the adequate means of water supply by hydrant or cistern at the expense of the true owner or owners thereof, upon notice of any deficiency in that respect as provided in this act; and in case such person or representative of the owner shall fail or neglect to supply the same to such premises after due notice thereof, as provided in this act, such person shall be liable to all the fines and penalties prescribed in the following section. Duty of agent of non-resident. failure to com Persons occu SEC. 220. When the Board of Health shall be satisfied, from Penalty for the inspection provided for in this act, that any building or ply with above premises, has not been, by the owner or owners thereof, furnished provisions. and provided with the adequate means of water supply required by this act, and that any building or premises, is deficient in that respect, the Board of Health shall cause the owner of such premises, or the agent or representative of said owner, in the event said, owner is not a natural person, or is not at the time within the city of New Orleans, to be notified of such defect and deficiency in water supply on such premises, and if such premises shall remain so deficient in means of water supply, more than fifteen days, after such notification, maliciously or through negligence of the owner thereof, the owner of such premises or the person who represents such owner or owners shall be liable to a fine of twenty-five dollars, and the further fine of ten dollars for each and every month during which such person shall allow such premises to so remain deficient in means of water supply. SEC. 221. It shall be the duty of every person occupying any premises within the limits of the city of New Orleans to keep pying premises to keep them such premises and all buildings, yards, stables, grounds, alleys clean. and outhouses, in such condition of cleanliness, as not to endanger the public health, or the health or comfort of the occupants of sucli premises, or those living in the vicinity thereof; and it is hereby made the duty of the Board of Health to cause frequent inspection of such premises to be made to ascertain whether said premises are in a proper condition of cleanliness, and if, upon such inspection, it shall be ascertained that such premises are not in such proper condition of cleanliness as not to endanger the health of the occupants of those living in the vicinity, the occupant of such premises shall be notified thereof, and required to place such premises at once in a proper condition and state of cleanliness; and in case any person so notified, at any time, shall maliciously or through negligence, fail or neglect to cause and place said premises in such proper condition of cleanliness within ten days after such notification, as directed by any person appointed for that purpose by the Board of Health, such person shall be subject to a fine of twenty-five dollars for each and every offense, to be enforced as hereinafter provided. Penalty. Prosecutions, made. SEC. 222. It shall be the duty of the Board of Health to cause all persons guilty of or charged with any violation of the pro- how and when visions of sections 218, 219 and 221, to be arrested and taken before the Recorder's Court having jurisdiction of offenses against the ordinances and regulations of the city of New Orleans or such tribunal as may hereafter be created having such jurisdic tion to hear and determine offenses prescribed by the ordinances and regulations of the city of New Orleans, and said court shall hear and determine such charge and complaint in'a summary and prompt manner, and if such court shall find the accused guilty of any offense described in this act, said court shall condemn such offender to pay the sum prescribed by this act as a penalty for such offense, and in the event that such fine is not at once paid and satisfied, with costs, it shall be the duty of such court to remand offender to the parish prison in said city until such fine and costs are paid; provided, that no person shall be detained and kept in custody for the non-payment of any such fine, longer than ten days for each fine or offense, and it shall be the duty of such court to keep a separate book in which shall be entered the true and exact amount of all fines recovered for violations of sections 218, 219 and 221; the date when the fine: was imposed and when collected, and shall pay the same over to the Secretary of the Board of Health and take his receipt therefor, which shall be his voucher for such payment. BONDS OF PUBLIC OFFICERS. 1877-15. corded. SEC. 223. All Tax Collectors of this State and all persons charged ficers how ac with the collection of parish taxes and all public officers, whether cepted and re- State or parish, (except the State Treasurer and Auditor of Public Accounts), who, by existing laws or those hereafter to be, enacted, may be required to give bond, shall give bond with security, residing within the parish where the officer exercises the functions of his office; which bond when not otherwise provided by law, shall be accepted by the Clerk of the District Court and the President of the Police Jury, in all the parishes except in the city of New Orleans, where that duty shall be performed by the Recorder of Mortgages in and for the parish of Orleans, within thirty days from the date of their commissions, and before entering upon their duties. The bond shall be authenticated by the attestation of two witnesses and the signature of the Clerk or Recorder, and shall also be recorded in a separate book to be kept for that purpose, and be registered in the mortgage records of the several parishes, where the principal obligor may own real estate. The bonds, when so registered, shall operate from and after the registry as a mortgage upon all the real estate of the principal obligor therein. The bonds of all State officers shall be made payable to the Governor of the State of Louisiana, and those of parish officers when not otherwise provided by law, to the President of the Police Jury of the parish. To operate as a mortgage. 1855-81. of the sureties to The approval be unanimous SEC. 224. For the acceptance of the sureties offered upon the bond, the assent shall be unanimous, and on refusal to accept any surety, the District Judge shall have the power, upon application in vacation as well as in term time, to compel them to show cause why they do not accept such sureties, and in all such cases the parties whose duty it is to judge of the sureties offered shall, on demand of the party complaining, certify to the Judge is rejected, the their decision and the evidence upon which it was based, whose interna duty it shall be to decide immediately thereon, and from his to the District decision and order in the premises there shall be no appeal. When a surety him may appeal Court. direct suits to bonds. SEC. 225. The Governor is hereby authorized to direct the 1878-39. institution of suits by the Attorney General, or District Attorney, The Governor to test the sufficiency and solvency of the securities of any officer, authorized to State or parochial, required to give bond, even after the approval test the suffi of the bond by those whose duty it is made to pass upon the same. ciency of official SEC. 226. All suits to that end shall be brought in any court Suits tried of competent jurisdiction shall be tried summarily and in chambers, after ten days' notice, and no suspensive appeal shall be taken from judgments rendered therein, unless the officers, whose bond has been declared insufficient, or the sureties thereon insolvent shall furnish a new bond, approved by the proper authorities, and by the judge by whom the judgment sought to be appealed from was rendered. summarily. be given or of SEC. 227. Within ten days after the rendition of final judg- If set aside ment setting aside any bond on account of its insufficiency, or new bonds must the insolvency of the securities thereon, the party whose bond fice vacated. has been so declared insufficient shall furnish a new bond, or the office shall be declared vacant, and shall be filled by appointment under existing laws; the said bond to be approved by the judge rendering the original judgment. Present reme SEC. 228. Nothing contained in the three foregoing sections shall be construed to impair any remedy at present existing dies for testing for testing official bonds. SEC. 229. All bonds so taken shall remain on file in the office of the Recorder, and a copy duly certified shall always be admissible in evidence. bonds not hereby impaired. re 1855-81. the Auditor. It shall be the duty of the Recorders to transmit to the nished and Auditor of Public Accounts certified copies of all bonds of State transmitted to officers taken by them, with a certificate of registry in the mortgage records, within three months after their execution, under a penalty of five hundred dollars, to be recovered on motion of the District Attorney. The Recorder shall be entitled to charge for each bond, Fees of Clerk taken as aforesaid, one dollar, and for each certified copy and Recorder thereof the same amount and no more, to be paid by the obligor. for taking bonds Mode of executing writ. 1877-16 surety not re SEC. 230. Whenever an execution shall issue against a defaulting officer, it shall be lawful for the officer to whom it may be directed, to seize and sell, according to law, any lands which may have belonged to the principal obligor at the date of the registry of his official bond, without regard to any subsequent transfer or change of title, and in whatever hands the same shall be found. No sale shall be made of the property of the sureties until that of the principal shall have been discussed. SEC. 231. Neither the principals nor the sureties on official Principal and bonds shall be released or discharged by reason of any change leased by in salaries, fees, commissions or perquisites in office, during the change of salary time for which the bond may have been given by any public or fees. 1855-81. sureties may stipulate the officer. SEC. 232. The sureties on all bonds given by sheriffs and In what bonds Collectors of State and parish taxes, and also the sureties on bonds given by all other parish and State officers (except the State Treasurer and Auditor of Public Accounts), may stipulate the amount for which they will severally become liable, which shall be expressed in the bond. amount of their liability. Manner in . mortgage may SEC. 233. All persons who shall hereafter be commissioned which special by the Governor, and whose duty it shall be to give security, be substituted shall be allowed to give a special mortgage on property situated within the parish in which they respectively exercise their functions; the mortgage shall be accepted by the persons appointed by law to accept the bond. for security on bond Personal security hereto. be released by The person proposing to mortgage property shall exhibit his titles thereto, and a certificate of mortgages to the persons authorized to approve the bond, who shall cause the property to be appraised, and shall not receive it unless it be double the amount of security required, after deducting all mortgages. All persons taking the mortgage shall cause it to be be inscribed in the office of the Recorder of Mortgages, as required by law. SEC. 234. All public officers who have heretofore given perfore given max sonal security on their official bonds, shall be at liberty at any substitution of time to release them by giving a special mortgage, as provided in the preceding section.. special mort gage. Effect of spe SEC. 235. The effect of the special mortgage shall be to free cial mortgage. and release the surplus of the property of the person giving it from all mortgages resulting from his official bond. 1880-46. ties on official released. SEC. 236. Whenever a surety or sureties on any official bond How securi; either State or parochial, shall have good cause to fear that the bonds may be Officer upon whose bond he or they may be sureties, will render them liable upon said bond by reason of his misfeasance, malfeasance or neglect of his official duties, it shall be and is hereby declared the privilege of said surety or sureties, by rule upon the said Effect of the Officer, to cause him to appear before any court of competent court on release jurisdiction, to show cause why said surety or sureties should not be released from further liability upon said bond. The said officer shall be allowed ten days after the service of the said rule within which to answer the same, and upon the trial of the said rule, if the court should be satisfied that the apprehensions of the said surety or sureties are well founded, then in that event, a decree shall be entered up requiring said officer to execute, judgment of the |