The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1880-05-22

Or Otnef purposes, unless upon written ap
pllcati0n OF the owner of the land he shall
have obtained the consent Of the Police Ju
ry where the levee may be located, to per
init him to make and Use said fume OF pip
ing.
SEC. 6. Be 1t further enacted, ETC., That il
addition to the conditions prescribed in thu
preceding section, the party apply ing fol
PERMISSION to cut the levee and insert there
IN Hnlnes or piping, shall pay previously
into tic parish treasury, an annual license
on each and every fune or piping used fol
The cuitfFatlon OF crop, q sum not to ex
coed the rate OF two dollars and fifty cents
for every perpendicular foot Of levee cut
, counting from the bottom of the ditch OF
fume to the crown of the levee; and this
already in use at the passage of this act
and the same shall be due and payable be
tween the first day Of May and first day OF
October, annually; and should any person
fail to pay said license by that latter date
he shall forfeit his right to the said hume
anu the same shall be closed ut his expense.
SEC. Z. Re II farther cssttcted, etc, That
this annual license shall bear rs a first lien
anu privilege upon the crops of the yeal
raised upon the plantation to be benefited
and shall be collected by the Tax Collector
without any judicial proceeding or process
Whatsoever, by seizure OF property of the
person owing said license, and shall be sold
usual III Sheriff sales, at any time after the
first OF May, annu;Lly; and no person owing
this license shall be considered as released
from the payment thereof by reason of for
FIXTURE ct same, rs provided in section 6.
SEC g. lie 1t further enacted, ETC., That
any person who shall cut any levee, in this
State, made and kept up under the authority
Of the State or any parish or levee district,
IN violation OF the provisions of this act, for
the purpose OF placing therein fumes for
| the culture OF rice or other purposes, shall
he deemed guilty OF a crime against the
State, and on conviction thereof, before any
court OF competent jurisdiction, shall be
punished 10y imprisonment, with or without
hard labor, for a term not to exceed twelve
months and not less than one month, and
lined Ia IL sum not to exceed five hundred
dollars; and it shall be the duty of the levee
| Overscer. inspector, president and members
or the Police jury, and all other parochial
officers, to give information to the proper
authorities Of the violation of this act
SEC. 9. Be It further cuucted, etc., That all
money paid into the parish treasury for
Licenses for rice fumes, and for fines arising
IRON convictions, as provided in the proceed
ing section. shall be set aside aud used ex-
clusively in taking out old and abandoned
fumes and restoring the original condition
OF the levee, and for expenses of supcrin-
tendence and administration.
SEC. 10. BE it further enacted, etc., That
in any parish, where there may be rice
fumes, the Board of State Engineers is here
by authorized to appoint competent per-
son to be lcvee Inspector for said parish,
| whose duty it shall be to inspect the condi-
| ton Of all rice fumes and other cuts in the
| levee, as we'll as the general condition Of the
| levee itself, and to report same to said board.
He shall also superintend the construction
OF all new nee fumes, and other cuts, to be
made in any levee, and see that the work is
executed according to the plans. specifica-
tions and directions furnished to him by the
Board of State Engineers. Fog all such
services said inspector shall receive, as
compensation, ne-half of all sums annually
collected from Aume licenses, payable on
the certificate OF the Chief State Engineer,
that faithful services have been rendered.
SEC. H. BE further enacted. etc, That
nothing in this act shall be so construed as
to give any individual a proprietary right
in any public evee Of the State, by the act
OF his paying license for any privilege
herein granted; and if the Board of Engi-
neers or Police Jury, at any time, should
condemn as unsafe any such opening i'll the
les-ee, the license for the saiae shall be re-
yoked oa the return to the party OF the full
amount of the license which may have been
paid for such privilege, and said authorities
may, at any time when any Hu,ne shall be-
come Hnsate from decay of material or other
cause, require the person using it to have
same taken up and replaced in !. secure and
substantial manner, and they shall also re-
quife all parties to drlia Oft from the foot
OF the leyee. on the la9d side, the water that
may accumulate there flowing from, the
fumes that they may use; and should any
danger arise from neglect of this provision.
it shall work a forfeiture of their license
SEC. IL. Be 1t further enacted ETC., That
it shall be lawful for any person in this
State, desiring to cut any public levee made
In. I,1-f e.
general levee district authority, for the pur-
pose Of using the same rs il roadway for
travel or hauling or for the purpose of plac-
ing therein iron piping for the use of ma
chinery; prorided, that he shall have OBJ
tanned from the Police Jury of the parish
where sa1d levee may be situated permission
to make said work and have deposited in the !
to refill said cut, the said amount of deposit
TO be asctrtlined ut the rate of twenty-five |
cents per cubic yard of refilling to be made |
all,sf which work shall be done under the |
supervision OF the oyerscer Of the leyee |
ward or OF inspector of levees appointed by
tue Board OF STATE Engineers, us provided |
in section 10.
SEC. IL. BE it further enacted. ETC.. That
any person violating the provisions of the
preceding section by cutting any levee kept
mp by public authority. az therein provided,
without previously complying with the pro
visions Of this act, shall be prosecuted be-
fore any court OF competent Jurisdiction,
prisonlnent in the parish Jail for IA term not
to exceed six months, and fined in IL sum
not to exceed two hundred dollars.
SEC. a. Be It further. enacted, etc., That
any regulations not specially designated in
THIS act which may be Unnecessary to earry
out fully the provisions OF the same, shall
be made by the several Police Jures, acting
together with the Board of State Engineers
whenever safe plan OF. flushing rice fields
otherwise, and the same be approved and
by the Beard of State Eng-
neers, 1t shall DC the duty Of the Police .Ju
rles to give public notice to that effect prior
to the first day OF October of any year, and
after that license shall issue only for said
new plan, and provisions shall he made to
take tout the old structure and refill with
earth such open space. according to direc-
lions which may be furnished by the Board
OF State Engineers
SEC. Is. Be It further enacted, etc., That.
whenever there may be danger of a erevasse
IN public evee, or when one NAV already
exist requiring prompt assistance on the
part ct the State authorities for the proven
ton or closing of the same, it shall be law
lnf tor the Governor to direct the Chief State
to proceed with said work by the
purchase OF material and the employment
Df labor, without the formality and delay of
contracting for the same in the usual man
ner prescribed Tor the awarding of contracts,
ana Tor the payment of the expenses thus
incurred the Auditor Of Public Accounts
shall draw his warrant upon the Treasurer,
Upon prese .'tatlon to him Of an account of
''ch expenses. approved Ivy the Governor
tnd engineer in charge, which warrant shall
De payable out of the district fund of the
llstrietan which the work may be located