22. [SEC. 2653.] Before making sale of the school lands belonging to the State, it shall be the duty of the Parish Treasurer, or other person whose duty it may become to superintend the sales, to cause a re-survey of such lines as may from any cause have become obliterated or uncertain; and for this purpose he is authorized to employ the Parish Surveyor, or, on his default, any competent surveyor; and the lines thus surveyed shall be marked in such manner as to enable those interested to make a thorough examination before sale, and all advertisements made for the sale of such lands shall contain a full description thereof according to the original survey and that required by this section. The expense of making the survey shall be paid by the Auditor of Public Accounts out of the proceeds of the sale of the lands on the warrant of the Parish Treasurer.

1855-109.

Right of way given to telegraph com. panies.

Duty of telegraph companies to transmit certain dispatches.

Penalty for failure to do 80.

1. [SEC. 3760.] Corporations formed under the laws of this State for the purpose of transmitting intelligence by magnetic telegraph shall have the right of way over all lands owned by the State, and over any highways or navigable waters, but shall so construct their works as not to interfere with, impede cr hinder the free use of the highways or navigable waters or the drainage or natural servitudes of the land over which the right of way may be exercised. 2. [SEC. 3761.] All telegraph companies shall be bound, on application of any officer of this State or of the United States, in the event of any war, insurrection or resistance of public authority, or whenever it may be necessary for the prevention of crime or the arrest of persons accused of crime or fleeing from justice, to give their communications immediate dispatch; and if any officer, clerk or operator shall refuse or intentionally omit to transmit such communication, or shall designedly alter or falsify the same for any purpose whatever, he shall be deemed guilty of a misdemeanor, and,

upon conviction thereof, shall be fined not exceeding one thousand dollars, and imprisoned not longer than one year. It shall further be their duty to transmit all communications which are not immoral or contrary to law or public policy that are presented by persons offering to pay the usual rates therefor, and in the order in which the applications are made.

3. [SEC. 3762.] Whoever shall unlawfully and intentionally injure, molest or destroy any line of telegraph, the lines, posts, abut- 1855–130. ments, materials or property belonging thereto; or whoever shall Penalties for injuring lines molest or interfere with, or in any way interrupt the use or operation of telegraph. of any line of telegraph, or part thereof, shall, on conviction, be punished by fine not exceeding five hundred dollars, or imprisoned in the penitentiary not exceeding one year, or both, at the discretion of the court.

4. [SEC. 3763.] Any operator, clerk, director, messenger or other person in the employ of any telegraph company, having an TelegraphsPenalty for office or station in this State, who shall refuse or omit to send or failing or refusing to send deliver any dispatch or message on which the charges or fees shall messages. have been paid, or offered to be paid, or for the payment of which a contract shall have been made, or cause or direct to be detained or delayed such dispatch or message in order to give precedence to a message or dispatch subsequently brought to the office or station, or who shall in any way give precedence of time in sending or delivering any dispatch or message belonging to a director, officer, stockholder of such company or other person, over any dispatch or message previously offered for transmission; or who shall reveal, make use of, or make public any dispatch or message, shall, on conviction, be fined not less than fifty nor more than one thousand dollars, one-half to the Charity Hospital of New Orleans, and the other half for the use of the parish in which the offense is committed, and shall be answerable in damages to the party injured.

For any subsequent offense, the person so offending shall also be subject to imprisonment in the parish prison for a period not more than three months.

5. [SEC. 3764.] No operator or agent of any telegraph company shall be permitted to transmit any message which can in any way Not to transmit tend to defeat the ends of justice by preventing the apprehension of messages tending to defeat the fugitives from justice or by communicating such information as may ends of justice. enable persons charged with offenses to escape. Any person so offending shall be imprisoned not less than twelve months nor more than two years at hard labor, and fined not less than two hundred and fifty dollars nor more than five hundred dollars.

the State and

ART. 69. There shall be a Treasurer of the State and an Auditor Treasurer of of Public Accounts, who shall hold their respective offices during Auditor of the term of four years. At the first election under this Constitu- counts-Terms tion, the Treasurer shall be elected for two years.

Public Ac

of office.

Secretary of

State, Treas

urer and Au

ditor elective.

ART. 70. The Secretary of State, Treasurer, and Auditor of Public Accounts shall be elected by the qualified electors of the State; and in case of any vacancy, caused by the resignation, death, or absence of the Secretary, Treasurer, or Auditor, the Governor shall order an election to fill said vacancies; provided, the unexpired term to be filled be more than twelve months. When otherwise, Vacancies, the Governor shall appoint a person to perform the duties of the office thus vacant until the ensuing general election.

how filled.

Salaries.

Money, how drawn from the treasury.

Receipts and

ART. 71. The Treasurer and the Auditor shall receive a salary of five thousand dollars per annum each. The Secretary of State shall receive a salary of three thousand dollars per annum.

ART. 104. No money shall be drawn from the treasury but in pursuance of specific appropriations made by law. A statement and account of receipts and expenditures of all public moneys shall be made, annually, in such manner as shall be prescribed by expenditures. law; and the first General Assembly convening under this Constitution shall make a special appropriation to liquidate whatever portion of the debt of this Convention may, at that time, remain unpaid or unprovided for.

Debt of Con

stitutional Convention.

1855-447.

To give bond and security within ten days.

Otherwise office to be vacant.

Statement to be made by each security.

Bond to be ap.

1. [SEC. 3765.] The Treasurer shall, within ten days after being officially informed of his election, and before he shall be commissioned or enter on the discharge of the duties of his office, execute and deliver to the Governor, a bond payable to the Governor for the time being and his successors in office, for the sum of fifty thousand dollars, with not less than five good and solvent securities, freeholders within, and citizens of, the State, to be approved by the Governor and Senate, conditioned for the faithful performance of all the duties required or which may be required of him by law; and if he fail to give such bond and security within ten days, the office shall be deemed vacant, and the Governor shall order a new election to fill the vacancy.

2. [SEC. 3766.] Each security, when he signs the Treasurer's bond, shall write down in words at length, opposite his name, on the left, the amount he is willing to swear he is worth, and shall make oath before the Governor or some Judge or Justice of the Peace of the State, in writing, to be laid before the Senate by the Governor, that he believes himself to be worth the sum written opposite his name, after the payment of all debts which he is liable for. The securities shall be bound in solido.

3. [SEC. 3767.] The Governor shall indorse on the bond his approval of it, and the President of the Senate shall also indorse proved by the thereon that it is approved of by the Senate; the bond so indorsed shall be delivered by the Governor to the Secretary of State, who shall record and keep the same in his office.

Governor and
Senate.

Treasurer's commission and oath.

4. [SEC. 3768.] He shall be commissioned by the Governor, and before entering upon the discharge of the duties of his office, shall take and subscribe the oath prescribed in the one hundredth article of the Constitution, which shall be indorsed on his commis