R. S. 2743

[Powers and Duties.]

2743. The police juries shall have power to make all such regulations as they may deem expedient:

First-For their own government.

Second-As to the proportion and direction, the making and repairing of the roads, bridges, causeways, dikes, levees and other highways.

See title "Roads, p. 1724, and annotation.

Third-Clearing the banks of rivers and natural drains; for the clearing of the banks of the Mississippi river and all other navigable streams and natural drains for the purpose of securing a free passage for boats and other water crafts, and for logs and timber; and they shall therefore likewise have power to make all such regulations as they may deem necessary and proper to prevent the introduction into and propagation in all such streams and natural drains of acquatic plants and all other vegetation which can in any manner impede or obstruct navigation of boats and other water craft or the towing of logs and timber, as well as to prevent the passing from one stream to another (though one or both of such streams be not navigable) of all such aquatic plants and vegetation; and they shall have likewise power to pass and make all such penal ordinances as they may deem proper for the punishment by fine or imprisonment or both, of all such persons as may transgress against such regulations as said police juries may pass by virtue of this paragraph.

Fourth-As to the form and height of inclosures or fences, whenever they may think proper to require the proprietors to inclose any ground.

See Act 55, 1880, printed at p. 1262.

Fifth-To pass all ordinances and regulations which they shall deem necessary in relation to the marking, the sale, destruction of cattle in general and especially of wild cattle which are not marked; and also of horses and mules; and to take any measure concerning the police of cattle in general in all the cases not provided for by law; to fix the time in which cattle may be suffered to rove in the parishes of this State, where that custom prevails, so that such roving may not be detrimental to the crops; to determine what animals

R. S. 2743

shall not be suffered to rove, and in what cases they may lawfully be killed.

Sixth-To regulate the police of taverns and houses of public entertainment and shops for retailing liquor in their respective parishes, and to impose whatever parish tax they may see fit on all keepers of billard tables and grog shops, and on all hawkers, peddlers and trading boats.

Seventh-To determine the quantum of fines against all such as shall transgress their regulations.

Eighth-To levy such taxes as they may judge necessary to defray the expenses of their respective parishes.

City of Lake Charles, et al., vs. Police Jury, 50 An. 346. See Act 92, 1878, printed at p. 1263.

Ninth-The police juries of the several parishes of the State (the parish of Orleans excepted) shall have the exclusive privilege of establishing ferries and toll bridges within their respective limits, of fixing the rates of ferriage and toll to be charged thereon, and of generally regulating the police of the same. This privilege shall not extend to any ferries or bridges already established, until the expiration of their charters; nor to any ferries or bridges within the control of municipal corporations, save and except with the consent and approval of the council of the municipal corporation who shall have authority to waive their jurisdiction in favor of the police jury; provided no toll shall ever be charged on such bridge, and said police juries shall have the right to lease the ferries within their respective parishes for any number of years, not to exceed five (5) and the lessees of said ferries shall give bond and security annually, payable to the president of the police jury, in such sum as may be required, for the faithful performance of their duties as public ferrymen.

Tenth-To appoint a treasurer for the parish.

The police jury has the power to remove and replace a parish treasurer. Const., Art. 201, 1879, applies only to officers elected by the people or appointed by the executive. Richardson vs. Rousseau, 53 An. 933. See title "Parish Treasurer," p. 1213.

Eleventh-To appoint all officers necessary to carry into execution the parish regulations, and to remove them from office.

R. S. 2743

Twelfth-To provide for the support of the poor and necessitous within their respective parishes by taxation or otherwise. See Act 42, 1880, printed at p. 1263.

Thirteenth-To cause to be opened in any town, suburb or other place divided into house lots, or when a point of land on the Mississippi or other water course shall be divided among several proprietors, such ancient natural drains as have been obstructed by the owners of the adjacent lands, and to prescribe the mode to be observed in that respect; to cause any water course which is not navigable to be filled up for the purpose of carrying the public highways over the same; provided that no injury be thereby occasioned to the neighboring inhabitants; and whenever, an application made by more than twelve (12) inhabitants of a town, suburb or other place divided into house lots, or when a point of land on the Mississippi or other water course shall be divided among several proprietors, it shall be found necessary to dig one or more common draining ditches, the said juries shall have the power to ordain that the said ditches be dug at the expense of the owners of the lots, and that the expenses be borne by a contribution among the owners, to be levied in such manner as the jury shall prescribe; saving to individuals or persons aggrieved the right of complaining for the making or opening of such natural or artificial drainage when unnecessary or hurtful to them.

See sub-title Drainage Districts," infra, this title.

The police jury is without power to enforce the rights of private parties in drains or embankments. Parish of Concordia vs. Natchez, etc., R. Co., 44 An. 613. Constructing Roads, Calder vs. Police Jury, 44 An. 173.

Fourteenth-To adopt such regulations as (sic) may think necessary to prevent and punish trespasses committed by hunters on inclosures or lands fenced in; provided, however, that the fines imposed by the said police juries for such offenses, shall, in no case be less than five ($5) dollars nor more than fifty dollars ($50).

Fifteenth-To grant permission and to determine the rate of toll to be demanded by persons desiring to build a bridge or make a turnpike road; provided, that in no case whatever the police jury shall grant the right of toll for more than ten (10) years.

See R. S. 3364, and annotation.

R. S. 2743-Act 55, 1850

Sixteenth-To enact ordinances and regulations, not inconsistent with the laws and Constitution of the United States, nor of this State, to protect their respective parishes against the introduction of all and every kind of contagious or epidemical diseases.

See Act 147, 1894, printed at p. 1264.

Seventeenth-To sue any person for whose account levees, roads, etc., may have been made or repaired at the expense of the parish, and to obtain the reimbursement of said amount, by privilege on the land subject to the said works.

Eighteenth-To appoint parish syndics, and overseers of roads and levees, at any regular meeting, by a majority of the votes present, and whether a quorum be in attendance or not.

Nineteenth-To lease to the bidder for the shortest time, not exceeding ten (10) years, any tract of land within the limits of their respective parishes, given by the general government to the State for the use of schools, and upon which a levee shall be necessary, as will (sic) as for its own protection as that of the adjoining lands from inundation; the only consideration of said lease to be making and keeping in repair the necessary levee by the lessee, for the whole term of his lease (as amended by Act 202, 1902, p. 391).

HEDGES AND BARBED WIRE FENCES.

Act 55, 1880, p. 53.

AN ACT empowering police juries to declare hedges and fences made of posts, planks and barbed wire to be lawful, and empowering police juries to authorize the use of the same.

That the police juries throughout the State are hereby empowered to declare in their respective parishes that hedges of such height and thickness, and possessing such other requisites as they may establish, and fences constructed with posts and barbed wire, and possessing such other requisites as they may establish, shall be lawful, and said police juries may authorize the use of said hedges and fences throughout their respective parishes, or in certain parts only of the same.

R. S. 2743-Acts

TAXES FOR EXPENSES IN CRIMINAL PROCEEDINGS.

Act 92, 1878, p. 144.

AN ACT authorizing and directing the police jury of the several parishes to levy, impose, and collect taxes for expenses in criminal proceedings, under the limitations of existing laws, on all property within the limits of their respective parishes, including all property situated within the limits of municipal corporations, and repealing all laws, or parts of laws, by which any municipal corporation is exempt from parish taxes for criminal expenses, so far as said laws are in conflict with the provisions of this act.

SECTION 1. That the police juries of the several parishes throughout the State are, under the limitations of existing laws, hereby authorized and directed whenever any tax is to be levied for defraying expenses in criminal proceedings to levy, impose, and collect said tax, on all property situated within their respective parishes, whether said property is situated within any incorporated town or otherwise; provided, that this act shall not apply to incorporated towns which, by the provisions of their charters, pay the entire expenses of all criminal proceedings originating within their own limits, and their pro rata of other parish expenses.

SEC. 2. That all laws and parts of laws, whether special or otherwise, by which any corporation, city, or town is exempt from parish taxation, for expenses incurred in criminal proceedings of any kind, are hereby repealed, so far as said laws may conflict with the provisions of the first section of this act, and that this act shall take effect from and after its passage.

SUPPORT OF INFIRM, SICK AND DISABLED PAUPERS.

Act 42, 1880, p. 42.

AN ACT to require police juries to make provision for the support of all infirm, sick and disabled paupers residing in their respective parishes.

[Police Jury to Provide for Sick, etc., Persons.]

SECTION 1. That it shall be the duty of the several police juries throughout this State to provide for the support of all infirm, sick and disabled paupers residing within the limits of their respective parishes, except such as may reside in municipal corporations, either exempt or partially exempt from parish taxation; that they shall adopt such measures as they may deem just and necessary to ascertain the names, situation and condition of all such, in order that they may provide

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