survey of land of seizure and SEC. 3756. For the purpose of carrying into effect article one hundred and thirty-two of the constitution of this State, whenever 1869–38. lands are to be sold in this State in pursuance of decrees of courts, Division and if under an execution or writ of seizure and sale, when the sheriff or ordered to be other officer authorized to make such sale gives notice of the seizure to sold under writ the party or his agent, or other person to whom notice of seizure sale. is to be given, he shall notify such party to have the tract or tracts of land seized or ordered to be sold, divided into lots of not less than ten nor more than fifty acres each, and the plot or plots thereof, with all proper descriptions shall be given to the said sheriff or other officer making the sale, to enable him to designate and deliver the property when sold; and such person, or his agent, or other person on whom notice of seizure may be legally served, shall have the right, at the time he delivers the plot or plots of the land seized and ordered to be sold, to designate the lots to be first offered for sale. Such plat or plats are required to be delivered to the sheriff or other officer, with such directions of the order in which the sale is to be made, ten days before the day of sale, as advertised. And if the sale is to be made for cash, after appraisement, the lots of land, divided as above provided for, shall be appraised and sold separately. If the person or his agent or other person on whom notice of seizure in the above cases may be made, does not comply with the foregoing provision of this section within the time therein specified, it shall be the duty of the sheriff or other officer whose duty it shall be to make such sale, to notify the parish surveyor, or if there is none, any competent surveyor or other person, to divide the tract or tracts of land so seized, into lots of not less than ten nor more than fifty acres each and make plats thereof so as to enable the appraisement and sale to be made by lots; the costs of such surveys, when made at the direction of the sheriff or other officer, to be charged as taxed costs in the case. The sale made by lots, if for cash or on credits, shall be legal as to the particular lots so sold, and the property shall be adjudicated and delivered to the purchaser on his complying with the law and the terms of the sale. If the sale is for cash, each lot is to be adjudicated to the purchaser, provided he bids two-thirds of the appraisement of the When lot to be lot or such other proportion of the appraisement as may be fixed by adjudicated to law; if on credit, such lot shall be adjudicated to the purchaser on his complying with the laws in force regarding sales made on a credit. purchaser. survey of and sold. SEC. 3757. Whenever a sale of land is to be made by decree of court or otherwise than is specified in the preceding section of this Division and act, then the parties in interest, or their legally authorized agents or generally when representatives, shall cause the tract or tracts of land about to be ordered to be sold to be divided and plats made of the same, in lots of from ten to fifty acres each, for the purpose of sale, and they shall have the right to designate the lots which they desire sold, first complying in every respect with the provisions of the preceding section of this act. If they should disagree among themselves in the designation and division of the land into lots, they may choose between themselves a third party, who shall designate said lots, to be divided to the best interests of the parties concerned in the sale. If the parties so interested do not cause the surveys to be made, and furnish the plat or plats of the lots to the officer whose duty it shall be to make such sale, in ten days before the day fixed for the sale, then such officer shall proceed as is provided for in the preceding section of this act, to have such Fees of sur veyor. To apply only to division and surveys made, and shall sell the said lots separately either on terms of cash or credit, as the case may be, the costs of the surveys in such case to be taxed against the parties interested, and who have failed, after proper notice, to have such division surveys made, and plats and descriptions ready for the officer making the sale; Provided, That in all cases of the sale of land by a decree of court, if the tract of land to be offered for sale does not exceed fifty acres, it shall not be compulsory on the parties in interest, nor the officer making the sale, to divide said tract into lots for the purpose of sale; but they may survey it and sell the whole. SEC. 3758. When the sheriff or other officer making the sale shall, under the provisions of this act, employ a surveyor to make the surveys and division provided for in this act, the said surveyor shall be allowed to charge at the rate of four dollars per mile, and twenty-five cents per bearing or corner for such surveys, and no more, and shall furnish his own hands to assist in such surveys, and deliver to the sheriff a plot thereof. SEC. 3759. The provisions of the preceding three sections of this lands sold under act shall apply only to sales made, predicated on contracts entered contracts made into after the date of the adoption of the constitution of one of constitution thousand eight hundred and sixty-eight, and successions opened since that time. since adoption of 1868. 1855-109. Right of way gven to telegraph companies. 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 or 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. 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 nies to transmit any war, insurrection or resistance of public authority, or whenever Duty of telegraph compa certain dis patches. 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 ure to do BO. thereof, shall be fined not exceeding one thousand dollars, and Penalty for fail 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. Penalt for in SEC. 3762. Whoever shall unlawfully and intentionally injure, molest or destroy any line of telegraph, the lines, posts, abutments, 1955-130. materials or property belonging thereto; or who shall molest or juring lines of interfere with, or in any way interrupt the use or operation of any telegraph. 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 penalty for tail Bages, SEC. 3763. Any operator, clerk, director, messenger or other person in the employ of any telegraph company, having an office or Telegraphe station in this State, who shall refuse or omit to send or deliver any or refusing dispatch or message on which the charges or fees shall have been to send mes 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, onehalf 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. messages end SEC. 3764. No operator or agent of any telegraph company shall be permitted to transmit any message which can in any way tend to Not to transmit defeat the ends of justice, by preventing the apprehension of fugi-ing to defeat the tives from justice, or by communicating such information as may ends of justios. 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. .3779 oaths in certain cases....... .3777 by auctioneers of New Orleans country to be settled annually...3788 3789 Redelivery of securities.. ..3793 State Treasurer to subscribe for onefifth of the capital stock of dertain companies.... METROPOLITAN POLICE FUND. Treasurer-duties, etc. Taxes..... Receipts and disbursements .3793 .3794 ..3795 .3796 ..3797. ..3789 .3789 INTEREST TAX FUND. Payment to be made into the treas 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 within ten days, 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 to be vacant. he fail to give such bond and security within ten days, the office Otherwire office shall be deemed vacant, and the Governor shall order a new election to fill the vacancy. made by each security. SEC. 3766. Each security, when he signs the Treasurer's bond, shall write down in words at length, opposite his name, on the left, Statement to be 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. SEC. 3767. The Governor shall indorse on the bond his approval of it, and the President of the Senate shall also indorse thereon that Bond to be ap proved by the it is approved of by the Senate; the bond so indorsed shall be Governor and delivered by the Governor to the Secretary of State, who shall record Senate. and keep the same in his office. commission and SEC. 3768. He shall be commissioned by the Governor and before entering upon the discharge of the duties of his office, shall take and Treasurer's subscribe the oath prescribed in the one hundredth article of the oath. constitution, which shall be indorsed on his commission; but his commission shall not be issued by the Governor until the bond and security shall have been given, and approved by the Governor and Senate. Duties of the SEC. 3769. It shall be the duty of the Treasurer— First-To receive and safely keep all the moneys of this State, not Treasurer. expressly required by law to be received and kept by some other person. Second-To disburse the public money upon warrants drawn upon him according to law, and not otherwise. Third-To keep a true, just, and comprehensive account of all public money received and disbursed, in books to be kept for that purpose, in which he shall state from whom moneys have been received, and on what account; and to whom and on what account disbursed. Fourth-To keep a true and just account of each head of appropriations made by law, and the disbursements under the same. Fifth-To render his account to the Auditor of Public Accounts quarterly, or oftener, if required for settlement. Sixth-To report to the Governor, ten days prior to the commencement of each regular session of the General Assembly, to be by him laid before each House thereof with his message, a detailed statement of the condition of the treasury, and its operations during the preceding fiscal year. Seventh-To give information in writing to either House of the General Assembly, when required, upon any subject connected with the treasury, or touching any duty of his office. Eighth-To perform all such other duties as may be required of him by law. Receipts for ry to be riven SEC. 3770. He shall grant a receipt, under the seal of his office, 1858-13. for all sums of money paid into the State treasury upon the warrant money paid into of the Auditor of Public Accounts, who, upon the exhibition of such the state treasureceipt, shall credit such person accordingly, and charge the treasury by the treasurer with the amount; and this act shall be in force from and after its on the warrant passage. of Auditor. Each warrant to SEC. 3771. The Treasurer shall indorse on each warrant drawn 1855447. by the Auditor, its payment and the date of it, and shall sign his be indorsed. name thereto. |