Fees.

1870-153, extra

session. Money of

FEES OF ASSESSORS AND COLLECTORS OF SCHOOL TAXES.

113. [SEC. 40.] The fees of Assessors for assessing any State school tax shall be one per cent. No fees shall be allowed any officer for assessing parish or district school taxes. The fees of Collectors for collecting all school taxes shall be five per cent.

MONEY RECEIVABLE FOR LICENSES AND TAXES.

114. [SEC. 6. From and after the first day of April, one thousand eight hundred and seventy, lawful money of the United States only receivable only shall be receivable for the taxes and licenses due the State.

United States

for taxes.

1870-63.

Provision for payment of bonds.

Tax.

REDEMPTION OF THE LEVEE BONDS OF 1870.

115. [SEC. 6.] To provide for the punctual payment of the principal and interest of the bonds issued under the provisions of this act, a special tax of one quarter of one per cent. is hereby levied upon the estate, real and personal, throughout the State, subject to taxation, which tax shall continue from the date of the passage of this act, until the principal and interest of the bonds aforesaid are fully paid, and shall be collected in lawful money of the United States, together with, and in the manner provided, or that may hereafter be provided for, the assessment and collection of other State taxes, and when collected shall be especially set apart for the payment of the principal and interest of said bonds.

1. [SEC. 3364.] The Police Juries of all the parishes of this State are authorized to pass all such ordinances as they may deem necessary, relative to roads, bridges and ditches, and to impose such fine and penalties to enforce the same, as they may think proper; to be recovered and enforced by indictment or information in the name of the State, or by ordinary process before any court of competent jurisdiction in the name of the Police Jury of the parish. 2. [SEC. 3365.] The Police Juries shall direct in what manner notice shall be given to resident and non-resident proprietors of the works to be done to the roads and ditches.

3. [SEC. 3366.] In all cases of adjudication of work to be done to roads, ditches and bridges, or other public works, it shall be the duty of the officer adjudicating the same, to cause the proces verbal of adjudication to be recorded in the mortgage record, which shall operate as a lien on the land; or in case of non-payment, the undertaker shall be entitled to an order of seizure and sale upon the presentation of said act thus recorded, annexed to his petition, together with his oath, showing the amount due him; and in cases of non-residence, it shall be the duty of the Judge to name an attorney for the non-resident, upon whom service shall be made, as provided for in executory proceedings of the Code of Practice; and said attorney shall be entitled to such compensation as the Judge may think proper, to be taxed as part of the costs.

The order of seizure and sale shall be executed by the Sheriff of the parish, without the benefit of appraisement, in the same Property to be manner and subject to the same formalities as in ordinary cases of benefit of appraisement. seizure.

sold without

sue for works

done by the parish.

4. [SEC. 3367.] Whenever any works to the roads, etc., of any Police Juries to parish of this State shall have been made at the expense of the parish, it shall be lawful for the Police Jury to sue the person for whose account the works or repairs were made, and to obtain the reimbursement of the said amount, by privilege on the land subject to the works.

1818-54-1.

What shall be

roads.

The general and special laws relating to roads shall remain in force until the enactment of laws regulating the roads by the Police Juries, and no longer.

5. [SEC. 3368.] All roads in this State that have been opened, laid out or appointed by virtue of any act of the Legislature heredeemed public tofore made, or by virtue of an order of any of the Police Juries in their respective parishes, are hereby declared to be public roads, as are also all roads made on the front of their respective tracts of land by individuals, when the said lands have their front on any of the rivers or bayous within this State. It shall be lawful for individany ual, through whose land the Police Jury shall cause a public road to be laid out, to claim a just compensation therefor.

Compensation

to owners of land taken

for roads.

1818-54-2. Roads to be

laid out by a jury of free holders.

6. [SEC. 3369.] All roads, to be hereafter opened and made, shall be laid out by a jury of freeholders, consisting of not less than six inhabitants of the parish where the said road is to be made, to be appointed for that purpose by the Police Jury; it shall be the Duty of jury duty of the said jury of freeholders to trace and lay out such road to the greatest advantage of the inhabitants, and as little as may be to the prejudice of inclosures, and assess such damages as any person may sustain.

To assess the damages.

Oath.

Damages assessed, how paid.

They shall take the following oath:

“I, A. B., do solemnly swear that I will lay out the road now directed to be laid out by the Police Jury of the parish of

to the greatest ease and advantage of the inhabitants, and with as little prejudice to inclosures as may be, without favor or affection, malice or hatred, and to the best of my skill and knowledge. So help me God."

All damages, assessed by the said jury to any individual through whose land the road may run, shall be deemed a parish charge, and be paid by the Treasurer of said parish.

Nothing in this section shall be so construed as to give a right to any individual to claim damages for the laying out of a road along the front of his land, according to the former customs existing in this State; nor to effect in any manner the rights of individuals to any batture or alluvion already formed or which hereafter may be formed on the front of any tract of land which lies on any navigable

river or water course within the limits of this State; nor to prevent any owner of the soil on which a public road shall pass, to resume the use and possession of such soil whenever the said road shall have been abandoned by the public, or shall have been transferred elsewhere with the consent of the owner and with that of the competent authority.

the

7. [SEC. 3370.] Whenever any individual, through whose land a road laid out, as aforesaid, shall pass, may be dissatisfied with the decision of the freeholders laying out the same, either as to course the same is to take, or to the damages to him assessed, he may have an appeal to the District Court for the parish in which said road lies; provided, he prosecute the same at the next session of the said court, after the laying out of the said road or the assessment of the damages; and no appeal shall be set aside for want of form in bringing the same before the courts. Injunctions to stay proceedings may be issued in said case when the case requires the

same.

Owner may ap peal from the findings of the jury.

Width of roads

8. [SEC. 3371.] All roads so laid out shall be deemed public roads, and shall be at least twenty-five feet wide; and when to the 1818-56-3 overseers of roads it may be deemed expedient to make or repair causeways on the said road, they shall be at least fourteen feet wide, Causeways. and the earth necessary to raise or cover such causeway shall be how made. taken from each side of the causeway equally, so as to form a drain on each side of the same.

seers of roads.

9. [SEC. 3372.] The overseers of public roads are hereby directed to have completely cut and cleared all stumps for the width Duty of overof sixteen feet in the center of the highways under their care; the necessary bridges through swamps and over small runs, creeks or streams are hereafter directed to be made of the same width.

per

1818-62-13.

and overseers

seers.

10. [SEC. 3373.] It shall the duty of the Police Juries to divide their parishes into as many districts as they may think proper for 1818-54-5. the appointment of overseers of roads. They shall annually appoint Road districts overseers of highways or roads, who are to summon all male of roads. sons from the age of fifteen to forty-five (except ministers of the Duty of overgospel and such other persons as are or shall be exempt), to meet at such places and times as to them, the said overseers, shall seem Persons exempt from road duty. convenient to work on the public roads; and whosoever shall, upon such summons, refuse or neglect to do and perform their duty, shall Penalty for not working. forfeit and pay the sum of one dollar per day for each person so neglecting or refusing, to be recovered by judgment before any Justice of the Peace of the parish, and paid by said Justice to the overseer, and by him to be expended in hiring other hands to work on said roads.

1829-142-51. 1830-116-10.

Not to work more than twelve days.

1818-58-7.

Penalty for refusing to serve

as overseer. 1842-74-1.

Not to serve oftener than once in three years.

To give ten days' notice.

1818-60-8.

To set up guide posts.

Penalty for neglect.

Penalty for

injuring guide boards.

1818-60-9.

To put up mile boards.

Penalty for failure.

1818-60-10.

11. [SEC. 3374] No overseer shall have a right to call out any person to work on the said roads more than twelve days in each year.

12. [SEC. 3375.] Any person refusing to serve as an overseer on any road shall forfeit and pay the sum of one hundred dollars, to be recovered by and in the name of the parish.

No person shall be compelled to serve as overseer more than once in three years.

13. [SEC. 3376.] The overseer shall give notice to each person what kind of tools they and each of them shall bring and work with on the roads, at the time of summoning. No person shall be liable to any fine for not appearing and doing his duty, unless he shall be summoned ten days before the day appointed for working.

14. [SEC. 3377.] All overseers of roads shall cause to be set up at the forks of all roads, within their several districts, a post, with arms pointing the way of each and every road, with directions to the most public places to which they lead, with the number of miles from that place, as near as can be computed.

Every overseer who shall neglect or refuse to do so, and to keep the same in repair, shall forfeit and pay, for every such neglect, the sum of twenty dollars; and every person who shall wantonly remove, knock down or deface the said directions, shall, for every such offense, forfeit and pay the sum of twenty dollars, to be recovered before any Justice of the Peace, by any person suing for the same.

15. [SEC. 3378.] The road overseers shall cause the public roads within their districts, respectively, to be exactly measured when the same has not already been done, and shall, at the end of each mile, mark, in a legible and durable manner, the number of such miles, beginning, continuing and making the numbers in such manner as the Police Jury of each parish shall respectively direct. They shall keep and repair such marks and numbers within their districts; and every overseer, neglecting or refusing to mark the miles within his district, for the space of thirty days after his appointment to office, shall forfeit and pay the sum of ten dollars.

16. [SEC. 3379.] If any person shall erect or cause to be erected any bars across any public roads, or lay any timber thereon, or Penalty for obstructing roads. obstruct in any manner the free passage thereof, he shall forfeit and pay the sum of fifty dollars, to be recovered by any person suing for the same and to the use and benefit of the person so suing.

Penalty for changing the road.

17. [SEC. 3380.] No person shall turn, alter, or change any public road, unless it be by order of the Police Jury, under the