R. S. 2915-Act 94, 1900 SALE OF PERISHABLE PROPERTY. Act 94, 1900, p. 151. AN ACT to provide for the sale of property of a perishable nature and subject to be lost or deteriorated during the pendency of a sequestration or provisional seizure suit. Be it enacted by the General Assembly of the State of Louisiana, That in all cases of sequestration or provisional seizure, if the property sequestered or provisionally seized be of a perishable nature and subject to be lost or deteriorated in value, during the pendency of the suit, the court may at the request of the plaintiff order the sale of such property at public auction, after the usual advertisement, and after the same has been appraised by two experts appointed for that purpose, in order that the proceeds of such sale may remain on deposit in the hands of the sheriff until definitive decision of the suit; provided. this act shall not apply when property has been seized and is held by order of the court, pending a decision of the question of possession or ownership; provided, further, that nothing in this act shall be so construed as to prevent or prohibit either plaintiff or defendant from bonding property seized under a writ of sequestration or provisional seizure, as now provided by law. SEC. 2. Be it further enacted, etc., That this act shall take effect from and after its passage. PUBLIC LANDS. ACTS OF CONGRESS DONATING SWAMP LANDS TO AN ACT to aid the State of Louisiana in draining the swamp lands therein. SECTION 1. To aid the State of Louisiana in constructing the necessary levees and drains, to reclaim the swamp and overflowed lands therein, the whole of those swamp and overflowed lands which may be or are found unfit for cultivation, shall be and the same are hereby granted to that State. SEC. 2. As soon as the Secretary of the Treasury shall be advised by the Governor of Louisiana that the State has made necessary preparation to defray the expenses thereof he shall cause a personal examination to be made, under the direction of the Surveyor General thereof, by experienced and faithful deputies, of all swamp lands therein R. S. 2915-Act of Congress which are subject to overflow and unfit for cultivation, and a list of the same to be made out, and certified by the deputies and Surveyor General, to the Secretary of the Treasury, who shall approve the same so far as they are not claimed or held by individuals; and on that approval the fee simple to said lands shall vest in the State of Louisiana, subject to the disposal of the Legislature thereof; provided, however, that the proceeds of said lands shall be applied exclusively, as far as necessary, to the construction of the levees and drains aforesaid. SEC. 3. In making out a list of these swamp lands, subject to overflow and unfit for cultivation, all legal subdivisions, the greater part of which is of that character, shall be included in that list; but when the greater part of a subdivision is not of that character the whole of it shall be excluded therefrom; provided, however, that the provisions of this act shall not apply to any lands fronting on creeks, bayous, water courses, etc., which have been surveyed into lots or tracts under the acts of third of March, eighteen hundred and eleven, and the twenty-fourth of May, eighteen hundred and twenty-four; provided, further, that the United States shall in no manner be held liable for any expense incurred in selecting these lands and making out the lists thereof, or for making any surveys that may be required to carry out the provisions of this act. Approved March 2, 1849. AN ACT to enable the State of Arkansas and other States to reclaim the swamp lands within their limits. SECTION 1. To enable the State of Arkansas to construct the necessary levees and drains, to reclaim the swamp and overflowed lands therein, the whole of those swamp and overflowed lands made unfit thereby for cultivation, which shall remain unsold at the passage of this act, shall be and the same are hereby granted to said State. SEC. 2. It shall be the duty of the Secretary of the Interior, as soon as may be practicable after the passage of this act, to make out an accurate list and plats of the lands described as aforesaid, and transmit the same to the Governor of the State of Arkansas; and at the request of said Governor cause a patent to be issued to the State therefor; and on that patent the fee simple to said lands shall vest in the State of Arkansas, subject to the disposal of the Legislature thereof; provided, however, that the proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary, to the purpose of reclaiming said lands by means of the levees and drains aforesaid. SEC. 3. In making out a list and plats of the land aforesaid, all legal subdivisions, the greater part of which is "wet and unfit for cul R. S. 2915-Act 138, 1902 tivation," shall be included in said list and plats; but when the greater part of a subdivision is not of that character the whole of it shall be excluded therefrom. SEC. 4. The provisions of this act shall be extended to and their benefits be conferred upon each of the other States of the Union in which such swamp and overflowed lands, known and designated as aforesaid, may be situated. Approved September 28, 1850. See Secs. 2981, 2982. Acceptance of acts. TO AUTHORIZE SURVEYORS, ACTING UNDER ACTS OF Act 138, 1902, p. 239. AN ACT to authorize surveyors, acting under the authority of the acts of Congress, to enter upon lands in this State for the purpose of exploring, triangulating, surveying and doing any work necessary to carry out the objects of existing laws and to establish permanent stations and marks, necessary signals and temporary observatories; to provide for payment of damages growing out of such action and to make it a misdemeanor for any person to wilfully deface, injure or remove such signal monument, or other property of the United States, Survey and to provide a penalty therefor. [Authority Given to Surveyors.] SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That any person employed in the execution of any survey authorized by the Congress of the United States, may enter upon the lands within this State for the purpose of exploring, triangulating, leveling, surveying, and of doing any work which may be necessary to carry out the objects of the existing laws, and may establish permanent stations, marks, and erect the necessary signals and temporary observatories, doing no unnecessary injury thereby. [Method of Assessing Damages Inflicted.] SEC. 2. Be it further enacted, etc., That if the parties interested cannot agree upon the amount to be paid for damages caused thereby, either of them may petition any competent court in the parish in which the land is situated, which court shall appoint a time for a hearing as soon as may be and order at least fifteen days' notice to be given to all parties interested, and with or without a view of the premises, as the court may determine, hear the parties and their witnesses, and assess damages. R. S. 2915-Act 75, 1880 [Tender of Amount Saves Costs.] SEC. 3. Be it further enacted, etc., That the person so entering upon lands may tender to the injured parties damages therefor, and if, in case of suit being brought, the damages finally assessed do not exceed the amount tendered, the person entering shall recover costs; otherwise the prevailing party shall recover costs. [Costs Allowed.] SEC. 4. Be it further enacted, etc., That the costs to be allowed in all such cases shall be the same as allowed according to the rules of the court. [Penalty Imposed for Injury to Signals, Monuments, etc.] SEC. 5. Be it further enacted, etc., That if any person shall wilfully deface, injure, or remove any signal, monument, building, or other property of the United States Survey, constructed or used under or by virtue of the acts of Congress aforesaid, he shall be guilty of a misdemeanor and on conviction thereof shall be fined a sum not exceeding fifty dollars ($50.00) or imprisonment in the parish jail not more than thirty (30) days, or both, at the discretion of the court, and shall be liable for damages sustained by the United States in consequence of such defacing, injury, or removal, to be recovered in an action in the case in any court of competent jurisdiction. [When Act Goes Into Effect.] SEC. 6. Be it further enacted, etc., That this act shall take effect from and after its passage. 2916 to 2928, 2935, 2936, 2970 to 2975 were superseded by Act 38, E. S. 1870, p. 89, and this act has in turn been superseded by Act 75, 1880, p. 85. AN ACT entitled an act to readjust the State Land Office; appointment of a register; to fix his salary and the time and manner of paying said salary; to define the powers and prescribe the duties of the register; to fix the fees for certificates and patents, and disposition thereof; the price of lands and disposition of the proceeds; duties of the Auditor of Public Accounts, State Treasurer, Attorney General and the Governor; to provide for the payment of salary and expenses incurred in the State Land Office; to repeal all conflicting laws. [Location of Office for Sale of Lands.] SECTION 1. That there shall be established, under the provisions of this act, an office for the sale of public lands donated to the State by Congress, which office shall be administered by a register; said office to be located at the seat of government of the State of Louisiana. [Appointment of Register-Term, etc.] R. S. 2928-Act 75, 1880 SEC. 2. That the Governor, by and with the consent of the Senate, shall appoint, under the provisions of this act, a register, who shall hold his office for the term of four years, whose annual salary shall be fifteen hundred dollars, in full compensation for his services as register, payable quarterly by the Treasurer of the State, on the warrant of the Auditor of Public Accounts, said salary to be paid out of the swamp land fund only. He shall take the oath prescribed by the Constitution and laws, and give bond in favor of and to be approved by the Governor of Louisiana, with one or more good and sufficient sureties, in the sum of five thousand dollars, conditioned for the faithful performance of the duties of his office, which bond so approved shall be filed by the register in the office of the Secretary of State. [Duties of Register.] SEC. 3. That it shall be the duty of the register to keep accounts of the sales of lands donated to the State, in well bound books, with the number of the certificates issued therefor, setting forth the section, parts of sections, township and range, district and parish, to whom and when sold, and for what price, and shall cause to be marked on the official plats or maps on file in his office, the number of certificate, which books and maps shall be preserved as official records. It shall be the duty of the said register to furnish annually to the Auditor of Public Accounts, on or before the twentieth day of December of each year, a descriptive list, by parish, of all lands sold during the preceding year, together with all data that may be afforded by his records. [Purchase Price, to Whom Paid.] SEC. 4. That all money arising from the sale of warrants or public land shall be paid by the purchaser to the State Treasurer, on the warrant of the Auditor of Public Accounts, whose duty it shall be to warrant at once on the Treasurer of the State to receive said money within forty-eight hours after the issuance of the same by the Auditor. [Duties of Register-Sale of Lands.] SEC. 5. That the Register of the State Land Office shall, on the sale of lands or warrants, describe the same in his order on the Treasurer of the State to receive the money for said lands, and in no case shall an entry be made upon the books, maps or other official record until the receipt of the Treasurer, also describing the land or warrants, has been submitted and filed in his office; a violation of this section shall be deemed a felony, and upon conviction the party offending shall pay a fine of five thousand dollars and be imprisoned for at term not exceeding ten nor less than two years. It shall be the duty of the Auditor of Public Accounts to transmit, within forty days after |