The object of the statute is to prevent a firm from obtaining credit on the strength of an unauthorized name. It was not designed to prevent the innocent infringer of it from recovering from a debtor. Wolf vs. Joubert et al., 45 An. 1100; see Kent vs. Majoiner, 36 An. 259.

2669. Penalty for Violation of Preceding Section.-Any person offending against the provisions of the foregoing section, shall, upon conviction thereof, be deemed guilty of a misdemeanor and be punished by a fine not exceeding one thousand dollars, recoverable before any court of competent jurisdiction.

PEDDLERS AND HAWKERS.

2670. Who Included in Designation.-Under the designation of peddlers and hawkers shall be included all persons who travel about the country with goods, wares and merchandise, for sale or barter, whether on foot, on horseback, or in a wagon or other conveyances; or in any craft on the water courses in this State, or who shall receive in payment for freight either produce, goods, wares or merchandise, or any or all of these articles, with intent to, or who shall actually barter, sell or exchange the same in any way.

The provisions of this section shall not be so construed as to extend to any person employed, bona fide, in the selling on board any boat or water craft, the produce or manufactures of any of the United States, when such produce or manufactures alone are sold; nor to those persons who only sell in the country the produce of their own plantations (Act 280, 1855, 339).

2671. Must Exhibit License.-All peddlers and hawkers shall be bound to exhibit their license, when thereto required, to any freeholder of this State.

LICENSE PLATES, ETC.

Act 73, 1890, p. 58.

AN ACT to declare it unlawful to use any wagon, cart, buggy, or other vehicle for the purpose of carrying on the business commonly known as peddling; or for any person to engage either on foot or on horseback in the above named business without having first obtained and attached to their vehicle or person in a conspicuous manner a license plate or badge to be marked and numbered in the manner hereinafter provided, and to provide a penalty for the violation of the provision of this act.

SECTION 1. That it shall hereafter be unlawful for any person or persons to engage in the occupation commonly known as peddling either in a buggy, cart or other vehicle. on foot or horseback, without first having obtained from the sheriff ex-officio tax collector of the parish in which they wish to carry on their business, license plate or badge bearing the name of the parish, number of the license which they hold for carrying on said business and date of the year in which said license was issued.

SEC. 2. The sheriff and ex-officio tax collector and tax collectors of the several districts shall on presentation to him by any person or persons, of a license duly paid and signed authorizing said person or persons to carry on the said business of peddler issue to him or them a license plate, if the business is to be carried on in a vehicle, or a license badge if the business is to be carried on foot or horseback, marked and numbered as set forth in the preceding section for which he (the sheriff and tax collectors of the several districts and parishes) shall receive the sum of twenty-five cents for each and every one of said license plates or badges to be paid by the person or persons making application for

same.

SEC. 3. That any person or persons carrying on the said business of peddling who shall fail or neglect to display said plates or badges in a conspicuous manner by attaching said license plate to their vehicle, or said license badge to their person, shall be liable to pay a fine of not less than ten nor more than twenty-five dollars or be imprisoned for not more than thirty days or both at the discretion of the court.

SEC. 4. That all laws or parts of laws contrary to or in conflict with this act be and the same are hereby repealed.

2672. Repealed See Sec. 3233.

PENSIONS.

2673 to 2675 are Secs. 1 to 3 of Act 152, 1868. Secs. 1 and 2 of the act were amended by Act 104, 1870, p. 172, and Sec. 3 was repealed. Act 70, 1873, p. 125, repealed "all acts or parts of acts upon the same subject matter" (Sec. 4), and was itself repealed by

Act 61, 1876, p. 103.

AN ACT to provide an annual pension for the surviving veterans of the war of 1812 to 1815, who participated in the siege or battles of New Orleans in December, 1814, and January, 1815, as well as for the surviving widows of such veterans; to fix and determine the mode and cost of ascertaining who shall receive such pension; and to repeal all the laws hitherto enacted on the same subject matter.

SECTION 1. That from and after the first day of January, A. D. 1876, each and every surviving veteran of the war of 1812 and 1815, who participated in the siege or battle of New Orleans in December, 1814, and January, 1815, and is and remains a citizen of and domiciled in this State, as well as the widow of any such veteran, shall be entitled to have and receive from the State of Louisiana a pension of twelve dollars per month, payable quarterly, on his or her own warrant, drawn upon the Auditor of Public Accounts, who shall warrant therefor upon the State Treasurer, out of any funds in the State treasury not otherwise appropriated.

SEC. 2. That any person residing or domiciliated in this State, claiming to be a veteran of the war of 1812 and 1815, and to have participated in the battles or siege of New Orleans in December, 1814, and January, 1815, being a resident then and a citizen now of this State, and desiring to avail himself of the benefits of this act, shall be required to prove his right to such pension before the parish court in which he may reside, when such parties reside outside of the parish of Orleans, and before the Third District Court for the parish of Orleans, when such person shall reside in the parish of Orleans; that such proceedings shall be taken contradictorily with the State, which shall be represented therein by the district attorney of the particular district where such proceedings are had, and that in all cases the party so claiming or seeking the benefits of this act shall establish upon the evidence of two or more witnesses that he was regularly enlisted in the military service of the United States, or this State, in the war of

1812 and 1815; that he participated in the seige or battles of New Orleans in December, 1814, and January, 1815, and was honorably discharged afterward from such service; that he is a resident of this State, being a resident then and a citizen now of this State; and that he is over seventy-five years of age, in order to warrant a judgment or decree to be rendered in favor of the person so applying, granting him all the rights and benefits of this act.

SEC. 3. That in cases where a person entitled to the benefits and privileges of this act has departed this life, or may hereafter die, leaving him surviving a widow, and such deceased veteran may not have been the recipient of such pension, or may not have established his right to such pension, the widow of such deceased veteran shall be required to furnish the same evidence as specified in the second section of this act, and in like manner, together with evidence of her marriage, before she shall be entitled to have and receive the pension herein granted; and in case where such deceased veteran may have been the recipient of such pension it shall be only necessary for his widow to furnish unto the Auditor of Public Accounts satisfactory evidence of the fact of her marriage with such deceased veteran, or they lived together as man and wife.

SEC. 4. That a full and complete certified copy of the record in each and every case of any person applying for the benefits of this act shall be transmitted by the clerk of the court wherein such proceeding may be taken, after judgment shall have been rendered therein, unto the Auditor of Public Accounts for preservation and reference, and that upon judgment being rendered in favor of any person so applying for the benefits and privileges of this act, the Auditor of Public Accounts shall thereafter recognize the warrant of such person for said pension as valid and issue thereafter regularly the necessary warrants in his favor for the amount of his pension accruing or inuring from and after the day and date of judgment being rendered in favor of such applicant, and moreover place the name of such person on the list of those declared to be entitled to said pension.

SEC. 5. That the clerk of the court in which such proceedings may be taken shall not be entitled to demand or receive anything for his fee, for all costs entailed in such proceedings, including the aforementioned certified copy of the record.

SEC. 6. That any sale, mortgage, hypothecation or transfer of the whole or any part of any pension that may become payable to any person under this act, shall be void and of no effect; that no pension shall be paid to any person other than the pensioner entitled thereto, or his or her order certified by the clerk of the district court for the parish in which the applicant resides, nor shall any widow receive such pension beyond the period of her widowhood, and that the pensioner may be required, if thought proper by the Auditor of Public Accounts, to substantiate that he is the proper person entitled to receive the pension.

SEC. 7. That the whole amount to be expended under this act shall not exceed ten thousand dollars annually, which, if inadequate to pay all pensioners proving up their claims as above provided, shall be ratably distributed among them.

SEC. 8. That all laws or parts of laws heretofore enacted on the same subject matter, as well as all laws inconsistent herewith, be and the same are hereby repealed, and that this act shall take effect from and after its passage.

Under Const., Art. 43, appropriations can not be made for more than two years, and the appropriation made by the act of 1876 continued for two years after the Constitution of 1879 became effective. State ex rel. Gras et al. vs. Jumel, 35 An. 537. The act (61, 1876) continues in force except so far as it is inconsistent with the Constitution of 1879. Id.

2676. When Pensions Take Effect.-The pension provided for by this act shall take effect and commence from the first day of September, A. D. eighteen hundred and sixty-eight. (Act. 152, 1868, Sec. 4, p. 196.)

Many acts have been passed since 1880 making appropriations to purchase artificial limbs for Confederate soldiers, to transfer balances from the appropriation

of one year to another, etc.; establishing rules and conferring authority on certain officers to purchase artificial limbs and make contracts. To reprint all these acts, was hardly useful as but a part of each is in force, and the selection of those parts by the compiler was not deemed advisable. A complete list of the acts is here given:

AN ACT to grant relief to the wounded and disabled Confederate soldiers of the State of Louisiana, and to the widows of Confederate soldiers wounded and disabled or killed during the late civil war, who are now in indigent cir

stances.

SECTION 1. That any resident of this State, in indigent circumstances, who being regularly enlisted in the military or naval services of the Confederate States, from this State, during the late civil war, and who during that term of enlistment received such wound as to cause amputation of limb, or who became maimed or contracted diseases to such an extent as to permanently disqualify him from the active vocation of life, shall be entitled to enter on the vacant lands of the State not more than one quarter section in a body of land hereinafter des cribed. The provisions of this act shall also apply to the widows of Confederate soldiers who are now unmarried and in indigent circumstances, and dependent on their own physical labor for support, whose husbands were killed in battle, or from the effects of wounds received in battle, or otherwise, lost their lives in the service of the Confederate States, or have died since leaving the service of the Confederate States from such wounds, or diseases contracted.

SEC. 2. That any person wishing to avail himself or herself of the privilege accorded by this act, shall, if a soldier, provide himself with and file the certificate of two physicians, showing disability as aforesaid, in detail minutely describing the injury or disability, the extent to which and the reason why it prevents the applicant from pursuing the ordinary avocations of life, so as to enable the register to judge as to the applicant's right to relief under this act, also his own affidavit, setting forth the command in which he served, and the manner and time that the wound was received or the disability contracted, this to be corroborated by the testimony of two competent witnesses as to his credibility and moral standing, and also by such other corroborative evidence as would be satisfactory to a court of justice. If the applicant is a widow she must file her own affidavit and those of two other persons, to each fact shown, taken before the clerk of the District Court, or a Notary Public in and for the parish in which the affiant resides, showing that she is the widow of the Confederate soldier named, that she is unmarried, in indigent circumstances, and dependant on her own physical labor for support, and if it is claimed that husband died from the effects of wounds received or diseases contracted during the war, the cause of the death must be made to appear by a certificate of one regular licensed and practicing physician or the affidavit of two reputable witnesses residing in the parish; and upon the filing of these proofs with the Register of the State Land Office; it shall be his duty to issue to the applicant a patent for the land described, or a certificate or warrant, in such form as he may provide, with the assent and advice of the Attorney General of the State, certifying that he or she has made proof in pursuance of this act, and is entitled to locate and enter in satisfaction thereof one-quarter section of swamp land in a body, and according to legal subdivisions of any land belonging to the State subject to entry and not in possession of an actual settler, except school lands and lands acquired by the State at tax sales or by legal process.

SEC. 3. That said certificate or warrants may be located by the person to

whom the same shall have been issued, or may be assigned by instrument, in writing according to such forms and regulations as the register of the land office may provide, in such mode as to vest the assignee with all the rights of assignor.

SEC. 4. That on the location of the warrants or certificates authorized by this act, a patent shall issue, as required by existing law, to the locator for the amount of land specified in such warrant; provided, that no fees or commissions of any kind whatsoever shall be charged by any officer for any service under this act, or any certificate, warrant or patent issued or to be issued under its provisions, except in locations made by assignees, in which case existing legal fees may be charged as in other cases.

SEC. 5. That this act shall not be construed to apply to those who are "beneficiaries of the State in the Soldiers' Home at New Orleans, or who have availed themselves of the privilege of Act 96 of 1884, and Act 116 of 1886.

SEC. 6. That all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

SOLDIERS' HOME.

Act 62, 1882, p. 73.

AN ACT to amend and re-enact Act No. 103, approved March 17, 1866, entitled an Act founding a Soldiers' Home for Louisiana and making an appropriation therefor, payable out of the revenues of the years 1883 and 1884.

SECTION 1. Rent of Building. That until suitable grounds be purchased and proper building erected for the full development of the purposes of the present act, some tenement within the city of New Orleans, or its environs, shall be rented with a view of establishing temporarily a “Soldiers' Home" for the care and reception of all Louisiana soldiers, or all soldiers who have resided in the State of Louisiana five years prior to the date of their application for admission to the said home and who are not already pensioned or provided for by the State (as amended by Act 102, 1896, p. 151).

SEC. 2. Board of Directors, etc.-That a Board of Managers, under the name and style of the "Board of Directors of the Soldiers' Home of the State of Louisiana," for the proper direction of the affairs of said institution is hereby created, to be composed of ten members, viz.: The President, three Vice-Presidents, and Recording Secretary of the Benevolent Association of the Army of Tennessee; the President, three Vice-Presidents, and Recording Secretary of the Army of Northern Virginia, and their successors in office, one of whom shall be elected President by the members of the Board. A majority of the members of said Board shall constitute a quorum to do business, and in the absence of the President, they may choose one from among themselves to act as president pro tem. They shall meet at least once every month, and as much oftener as the President may deem it necessary.

SEC. 3. Powers and Duties of Board. That said Board of Directors shall have power to make all necessary by-laws and regulations to govern said institution, also the power to make all contracts necessary for the rent, construction and repair of buildings belonging to or in the use of the home, and for the purchase of land upon which to construct the same; to appoint and remove the necessary superintendent, matrons, physicians and such other officers and employes as the board may deem proper for the good management of said home, and to fix their compensation; to solicit contributions in currency or in kind, and to accept any donations or legacies, by will or otherwise, for the sole and exclusive use and benefit of said home, and to sue and be sued, plead and be impleaded, in all actions appertaining to the home; provided, that the person elected treasurer by the Board of Directors shall be required to give a bond of five thousand dollars ($5,000), for the faithful performance of his duties under this act, which bond shall be approved by the said Board of Directors.

SEC. 4. Admission of Applicants.-That all applicants for admission into the Home must establish to the satisfaction of the Board of Directors that they were soldiers or sailors in the military or naval service of the Confederate States and enlisted from the State of Louisiana, or some other States composing the Confederacy and have resided in this State for five years prior to their application for admission into the Home, and that they are not pensioned or otherwise