State notes and auditor's warrants

receivable for taxes for the

delinquent

years from 1861

to 1866 inclu

sive.

service receiv

taxes.

the same shall be enforced as the law provides or may hereafter provide for the collection of taxes.

Act 1869, p. 168.

Sec. 3362. It shall be lawful for the State tax collectors of this State to receive State certificates of indebtedness, popularly known as "State notes," and also all warrants lawfully issued by the auditor of public accounts, in payment of the unpaid taxes due the State for the years eighteen hundred and sixty, eighteen hundred and sixty-one, eighteen hundred and sixty-two, eighteen hundred and sixty-three, eighteen hundred and sixty-four, eighteen hundred and sixty-five, and eighteen hundred and sixty-six; and it is hereby made the duty of the State treasurer of this State to receive the said State notes and warrants in payment of the taxes due the State for said years. D. Sec. 3336. Act 1868, p 244.

Sec. 3363. It shall be the duty of the coroner, immediately Certificate of after the coroner's jury shall have been discharged, to deliver able for parish to each juror a certificate specifying the number of days he has attended, the distance for which he shall be entitled to receive. mileage, and the amount due, which shall be ascertained by the oath of the juror, to be administered by the coroner, and such certificate shall be receivable in payment of parish taxes, or paid out of any money in the parish treasury not otherwise appropriated.

D. Sec. 671. Act 1868, p. 206.

ferred on po

bridges and

Sec. 3364. The police juries of all the parishes of this State are authorized to pass all such ordinances as they may deem Powers connecessary, relative to roads, bridges, and ditches, and to impose lice juries relsuch fine and penalties to enforce the same, as they may think ative to roads, proper; to be recovered and enforced by indictment or infor- ditches. mation 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.

D. Sec. 2750, 2754; 23 A. 168, 190. Act 1858, p. 146.

Notice to resi

dents and non

Sec. 3365. The police juries shall direct in what manner residents, how notice shall be given to resident and non-resident proprietors of the works to be done to the roads and ditches.

given.

of adjudica

tion to be re

corded.

Act 1855, p. 394.

Sec. 3366. In all cases of adjudication of work to be done Proces verbal 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 Absentees to duty of the judge to name an attorney for the non-resident, by an attorney 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.

be represented

ad hoc.

Property to be

benefit of

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

to sue for

Sec. 3367. Whenever any works to the roads, etc., of any Police juries parish of this State shall have been made at the expense of the works done by 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.

the parish.

deemed public

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.

Sec. 3368. All roads in this State that have been opened, What shall be laid out or appointed by virtue of any act of the legislature heretofore made, or by virtue of an order of any of the police juries in their respective parishes, are hereby declared to be Compensation public roads, as are also all roads made on the front of their land taken for 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 any individual, through whose land the police jury shall cause a public road to be laid out, to claim a just compensation therefor.

to owners of

roads.

Roads to be

laid out by a jury of freeholders.

Act 1818, p. 54, § 1.

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 the said jury of freeholders to trace and lay out To assess the 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.

Duty of jury.

damages.

They shall take the following oath :

"I, A. B., do solemnly swear that I will lay out the road now oath. 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."

assessed, how

All damages assessed by the said jury to any individual Damages through whose land the road may run shall be deemed a parish paid. 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 affect 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.

Act 1818, p. 54, § 2.

appeal from

Sec. 3370. Whenever any individual, through whose land a road laid out as aforesaid shall pass, may be dissatisfied with Owner may the decision of the freeholders laying out the same, either as to the findings of the course the same is to take, or to the damages to him the jury. 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 sale before the courts. Injunctions to stay proceedings may be issued in said case when the case requires the same.

roads.

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

Act 1818, p. 56, § 3.

how made.

seers of roads.

Sec. 3372. The overseers of public roads are hereby directed to have completely cut and cleared all stumps for the width of Duty of oversixteen feet in the centre 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. Sec. 3373. It shall be the duty of the police juries to divide their parishes into as many districts as they may think proper

and overseers

seers.

Persons exempt from road duty.

Road districts for the appointment of overseers of roads. They shall annually of roads. appoint overseers of highways or roads, who are to summon all Duty of over- male persons from the age of fifteen to forty-five (except ministers of the gospel 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 convenient to work on the public roads; and whosoever shall, upon such summons, refuse or neglect to Penalty for not do and perform their duty, shall 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. Act 1818, p. 54, § 5; Act 1818, p. 62, § 13; Act 1820, p. 28, § 1. Sec. 3374. No overseer shall have a right to call out any twelve days. person to work on the said roads more than twelve days in each

working.

Not to work more than

Penalty for re

year.

D. Sec. 2638, 3031. Act 1829, p. 142, § 51. Act 1830, p. 116, § 10. Sec. 3375. Any person refusing to serve as an overseer on fusing to serve any road shall forfeit and pay the sum of one hundred dollars, to be recovered by and in the name of the parish.

as overseer.

Not to serve oftener than

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

years.

Act 1818, p 58, § 7; Act 1834, p. 97, § 7; Act 1836, p. 150, § 5; Act 1842, p. 74, § 1. 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 days' notice. he shall be summoned ten days before the day appointed for working.

To give ten

posts.

Sec. 3377. All overseers of roads shall cause to be set up at To set up guide 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.

Penalty for neglect.

who

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 shall wantonly remove, knock down or deface the said direc injuring guide tions, shall, for every such offence, forfeit and pay the sum of twenty dollars, to be recovered before any justice of the peace, by any person suing for the same.

Penalty for

boards.

boards.

Act 1818, p 60, § 8.

Sec. 3378. The road overseers shall cause the public roads To put up mile 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