or resignation, the Governor shall have power to appoint, as provided in section 3930 of this act.

3935, 3936. Power of inspector; use of unstamped weights and measures prohibited. See Secs. 3920, 3921.

3937. Fees, by Whom Paid.-Fees in all cases to be paid by the owner of the weights and measures inspected or sealed; the stamp shall be imposed and payment required for doing the same only for such as have not been stamped or such as having once been stamped are found so deficient as to require to be regulated with the standard. 3938. Duties of Parochial Authorities.-The parochial authorities of said parish are authorized to pass regulations and ordinances relative to the police of weights and measures to insure within the said parish of Orleans, right bank, the execution of this law relative to weights and measures.

3939, 3940. Sale of unstamped weights and measures prohibited; inspector may employ assistant, etc. See Secs. 3923, 3924.

COAL AND COKE BOAT GAUGERS, ETC.

Act 147, 1888, p. 207.

AN ACT entitled an act for the appointment of two coal and coke boat gaugers, to fix their compensation, and to define their duties.

SECTION 1. That there shall be appointed by the governor, by and with the advice and consent of the Senate, two coal and coke boat gaugers, who shall have their offices in the city of New Orleans; provided, however, that the governor shall have the power to remove from office any coal and coke boat or barge gauger upon satisfactory proof made to him of negligence or official misconduct.

SEC. 2. Each of said gaugers shall give bond, payable to the governor or his successor in office, with two sufficient sureties, in the penal sum of five thousand dollars, conditioned for the faithful performance of the duties required of him by law.

SEC. 3. It shall be the duty of said gaugers when called upon for that purpose, to gauge any coal or coke boat or barge in the port of New Orleans or the State of Louisiana.

SEC. 4. Such gauging shall consist in reducing the length, breadth and depth, inside measurement, of boats or barges, deducting all obstructions and displacements, into cubic inches and dividing said cubic inches by twenty-six hundred and eighty-eight (2688), thus ascertaining the net measurement in bushels. Two and six-tenths (2 6-10) bushels shall constitute a barrel.

SEC. 5. In all cases it shall be the duty of the gaugers, or either of them, to respond promptly to any call made for their or either of their services, and to furnish a full and detailed certificate of gross measurement of the boat or barge gauged, and the allowance made for obstructions and displacements.

SEC. 6. The fee for gauging or regauging shall be ten dollars ($10), for each boat, and five dollars for each barge, to be paid by the seller, except as is hereinafter provided.

SEC. 7. The purchaser of any boat or barge of coal or coke, shall have the privilege of calling upon the said gauger or gaugers to regauge boats or barges in all cases where the original gauge is not satisfactory, and such regauge shall be adopted as the correct measure. If the original gauge shall be found to be correct, then the purchaser shall pay the fee for regauging; but if the regauge shows a less measure, then the seller shall pay the fee.

SEC. 8. No boat load of coal or coke shall be sold in this city or State until it has been inspected as provided for in this act. And any person who shall sell a boat load of coal or coke that has not been gauged as aforesaid, shall be liable to a penalty of fifty dollars ($50) for each boat or barge so sold, to be recovered,

with costs of suit, in any court of competent jurisdiction, for the benefit of the Charity Hospital of New Orleans.

SEC. 9. The term of office of said gaugers shall be four years. This act to take effect from and after its passage.

Inspection under this act is compulsory, does not violate Const., Art. 46, is not a regulation of commerce, and does not impose an impost duty. State vs. Pittsburg, etc., Co., 41 An. 465.

Act 137, 1894, p. 172.

AN ACT to compel the weighing or gauging in the State, of all bituminous er anthracite coal or coke sold in Louisiana by boat, barge or car load.

SECTION 1. That all anthracite or bituminous coal sold in this State, under the direction of the Governor by the State Grangers whose fees, duties and responsibilities shall remain as now fixed by law, provided the fee for weighing shall not exceed one cent per ton.

SEC. 2. That the standard measures for the bituminous and anthracite coal in this State shall be the barrel containing 6988 cubic inches and the standard ton of 2000 pounds.

SEC. 8. That whoever shall violate the provisions of this act shall be adjudged guilty of a misdemeanor and shall be fined not less than $50, nor more than $100 at the discretion of the court, for each offense.

MEASUREMENT OF PINE SAW LOGS.

Act 87, 1892, p. 111.

AN ACT entitled an act establishing a scale or rule for measurement of pine saw logs.

That in the measurement of pine saw logs throughout the State, the scale or rule known as Doyle's rules shall obtain, and all timber sold to sawyers or mills shall be paid for under this rule or scale, provided that this act shall not apply to contracts already existing nor prevent contracts upon any other preferred scale.

That all laws or parts of laws in conflict herewith be and are hereby repealed.

See Act 37, E. S. 1877. Inspection and gauging oils, printed at p. 57. See title "Inspection," p. 447.

WITNESS.

3941. Not Residing in Parish, etc.-Witnesses in civil cases shall never be compelled to attend any court out of the parish wherein they reside, but when their testimony shall be wanted, the court having cognizance of the case shall issue their commission authorizing some magistrate or any person of the parish wherein the witness shall reside, to examine such witness and receive his deposition (Act 292, 1855, 352).

C. P., Art. 134.

3942. Saint Ursuline Nuns.-No member of the religious order called the Saint Ursuline Nuns, established in the city of New Orleans, shall be compelled by any writ or process whatever to appear in any court to give testimony or be examined as a witness in any court whatever, but the deposition of such member shall be taken in the convent of the said Ursuline Nuns, under such rules, regulations and restrictions as are prescribed for the taking of testimony when the witness resides in any other parish than that in which the suit is pending.

3943. Fees for Attendance to be Paid, etc.-Any witness who may have been summoned to attend any of the courts of this State, to testify in a civil case, and shall have attended, claimed and received a certificate therefor, shall not again be compelled to obey any summons for attending said court in said case, at a subsequent term, until he be paid by the party by whom he was summoned; provided, said witness shall have made a demand for payment in writing upon the party who had him summoned, or his attorney, when he resides out of the parish, not less than thirty days before the first day of said subsequent term at which his attendance may be then required (as amended by Act 28, 1882, p. 42).

C. P., Art. 134.

3944. Depositions of resident witnesses for use in courts of another State; justices of the peace may take. See Sec. 604.

3945. Testimony of Presiding Judge, etc.-In every case now pending, or which may hereafter be instituted in any of the courts of this State, which are by law provided with clerks, in which the judge of the court may be a material witness, the clerk of the court shall administer the oath to the judge, and shall take down his evidence in writing, if required by either party in the cause; and in such courts as may not be provided with clerks, it shall be lawful for any officer authorized by law to administer the oath to and take down the evidence of the judge in writing, and the clerk or other officer shall certify and sign the evidence, and the same shall be filed and used as evidence in the cause; Provided, however, that the above formalities may be dispensed with by consent of parties in all cases, and the evidence of the judge taken in any other manner and form that may be agreed upon by them.

3946, 3947. Fees in criminal cases. Superseded by Act 7, 1877, Sec. 4, as amended by Act 17, 1896, printed at p. 174.

See Act 37, 1890.

See Act 19, 1884.

Certificates of attendance, printed at p. 108.
Experts as witnesses; fees; printed at p. 930.

3948. Sheriff Not to Receive Fees as Witness. No sheriff,

deputy sheriff, police officer or juror, while attending court as such, shall be allowed any compensation for attendance as a witness in any criminal case; nor shall any person be allowed for such an attendance more than is allowed in one case in the same day, or mileage for more than one case at a time.

3949. Fees of Witnesses Before Supreme Court.-Every witness who shall attend upon a summons the Supreme Court upon the trial of a clerk before said court, shall receive the sum of two dollars for every twenty miles he may necessarily travel in going to and returning therefrom, and the like amount for every day he shall attend, to be paid by the State upon a warrant signed by two of the judges, and attested by the clerk of the court.

3950, 3951. When witnesses for accused and State may be bound over to appear. See Secs. 1014, 1015.

3952, 3953. In prosecutions where penalty is death or imprisonment at hard labor, witnesses from any parish may be compelled to attend; subpoenas, how served. See Secs. 1036, 1037.

3954. Fees, etc., of witnesses summoned under authority of Senate or House of Representatives. See Sec. 1537.

3955. When summoned to appear before committees of either house. See Sec. 1545.

3956, 3957. Testimony of witnesses in matters pending before General Assembly may in certain cases be taken by commission; proceedings, etc. See Secs. 1741, 1742.

3958. Summons by Judge Advocate, etc.-The judge advocate shall issue summonses for all witnesses, which the provost marshal shall serve; and if any witness duly summoned fails to appear, the court martial may fine him not more than twenty dollars, and attach him and compel his appearance (Act, 1843, 317).

3959. Personal Attendance of Witness.-Any party to a suit. or proceeding in any of the courts of this State shall have the right to have the personal attendance of any witness in open court, on the trial of his case, by his filing in the suit his application for a subpena for any such witness, accompanied by the affidavit of himself or his attorney, that the personal attendance of such witness in open court on the trial of the case is necessary in order to elicit the truth from such witness, which can not be done by taking his deposition out of court; and in all cases where a jury is prayed for and granted by the court, the party shall be entitled to have the witness subpenaed in open court without the above affidavit, if he shall so desire in the writing filed in the suit

PHYSICIANS.

Act 103, E. S. 1877, p. 177.

AN ACT relative to the taking of the testimony of physicians.

SECTION 1. That physicians living more than ten miles from the seat of justice shall not be compelled to attend the court as witnesses in civil cases whenever in their opinion the life of any of their patients might be endangered by their attendance upon the court, but such physician will immediately forward to the court a sworn certificate stating the facts which in his opinion render his attendance impossible under the circumstances; provided, that at the request of either party to the suit in which the subpoena is issued the court may order the testimony of such physician to be taken summarily in due course after notice given to the other party.

3960. Personal Attendance of Witnesses in Orleans.Any party to a suit or proceeding in any of the courts of this State in the parish of Orleans shall have the right to have the personal attendance of any witnesses in open court, in trial of his case or proceeding, by subpenaing the witness to attend on the trial, unless the testimony of such witness has before the trial been taken contradictorily. with the parties according to the provisions of an act entitled "An Act to provide for taking the testimony of witnesses in suits pending in the courts of this State," approved September sixteen, eighteen hundred and sixty-eight, and it shall be the duty of all courts in this State to call and hear the testimony of all competent witnesses in any case or proceeding in open court when the witness appears to give testimony, whether he is subpenaed or not; such testimony shall be taken in writing in all cases when by law it is required to be so taken (Act 100, 1869, 130).

3961. Husband and wife can not be witnesses for or against each other, except where joined as parties having a separate interest. See R. C. C. 2281, as amended by Act 59, 1888, p. 61.

3962, 3963. Bribery, etc., of witnesses in criminal actions, witnesses failing to testify because bribed, etc. See Secs. 880, 881.

3964, 3965. Failure of grand juror to inform jury of violations of criminal law, etc. Grand jurors competent witnesses in such cases. See Secs. 2140, 2141.

3966. Women not required to answer interrogatories on facts, and articles in open court, except where oath is made to certain averments. C. P., Art. 349.

3967. Judge may not recuse himself because he is a material witness in case. See Sec. 3192.

See

3968. Persons residing out of parish where suit is pending, within or without the State, must answer interrogatories, etc. C. P., Art. 352.

3969. Commissions to take testimony may issue any time after answer. See C. P. 439.