R. S. 3389-Act 54, 1890 and where the lands thus enclosed or surrounded do not front upon a public road, railroad or water course, and who has no right of way to the nearest public road, railroad or water course such owner shall have the right to construct a road, tramway, ditches or canal, as the exigencies of the case may require, over the lands of his neighbor to the nearest public road, railroad or water course for the purpose of getting the products of such land to such public road or for the purpose of drainage, railroad or water course in the manner and form and under the conditions hereinafter provided. [Application to Police Jury.] SEC. 2. That whenever a party owning lands as herein above stipulated desires to construct such roadway, tramway, ditches or canais he shall present his petition to the police jury of the parish where the land to be traversed is situated, or where the lands lie partly in one parish and partly in another to such police jury where most of the property is situated, stating whether he desires to construct a roadway, tramway or canal; whereupon said jury, after due hearing of both parties in interest, shall decide in open session by a majority vote of the members present whether he shall be permitted to construct a roadway, tramway, ditches or canal, and fix the dimensions thereof, and said jury shall at once proceed to assess the amount to be paid to the owner of the land for the privilege of constructing such roadway, tramway, ditches or canal, which shall in no case be less than three times the assessed value of the land traversed, nor more than times the assessed value. In computing and fixing such valuation the said police jury shall count a lineal acre as a whole acre. [Condition on Which Right Will Be Granted.] SEC. 3. That on payment to the owner of the land to be traversed, by the party seeking said right of passage, of the amount assessed by the police jury as hereinabove provided, to be evidenced by the receipt in writing of the party whose land is to be traversed, and on production of such receipt to the president of the police jury such officer shall grant a permit in writing to such party, who shall be at cnee authorized to proceed to construct such roadway, tramway or canal, as the case may be, provided that work thereon be begun within one year from date of permit, otherwise all rights shall be forfeited. [Repealing Clause.] SEC. 4. That all laws or parts of laws contrary to or inconsistent herewith be and the same are hereby repealed. See Act 38, 1878, authorizing judges in certain cases to sentence certain convicts to work on roads, etc., printed at p. 1315. Authorizing owners of property situated as described therein to acquire, by expropriation proceedings, the right to construct a road, etc., as the exigencies of the case might require, over adjoining lands, to the nearest public road, railroad or water course, for the purpose of getting the product of such land to such public Act 13, 1890-R. S. 3391 road, etc., is in derogation of general right, and is to be strictly interpreted. It does not authorize expropriation for the purpose of more conveniently reaching the road, etc., it does so only where it is absolutely impossible to reach the road, etc., otherwise. Breaux vs. Bienvenue, 51 An. 687. (The court said it was not necessary to decide the issue raised-whether the act was constitutional.) Sec. 3380 and note, p. 1730. BICYCLES, ETC., RIGHT TO ROAD. Act 13, 1890, p. 10. See AN ACT granting to bicycles, tricycles and all other vehicles propelled by hand or foot the same rights upon the public highways of this State as are prescribed by law in cases of persons using carriages drawn by horses. SECTION 1. That bicycles, tricycles and all other vehicles propelled by hand or foot and all persons by whom bicycles, tricycles and such ether vehicles are used, ridden or propelled upon the public highways of this State, shall be entitled to the same rights and subject to the same restrictions in the use thereof as are prescribed by law in the cases of persons using carriages drawn by horses. SEC. 2. That all acts inconsistent herewith be and the same are hereby repealed. [Proces Verbal, Recital.] SALES. 3390. In all auction sales made by sheriffs, auctioneers, or others authorized to sell at public auction, which are required by law to be preceded by advertisement, it shall be the duty of the officer making the sale, in his proces verbal or act of sale, to state the manner, time and place of making such advertisements; which statement, when so made, shall be proof of the manner, time and place of making the advertisement (Act 89, 1855, 76). [Sale as Evidence of Advertisement, etc.] 3391. When any question shall arise out of any public sale, made by any person authorized to sell at public auction, and which sale was required by law to be preceded by advertisements, the sale being proved, it shall be prima facie evidence that the legal advertisements were regularly made. If any person authorized by law to sell at public auction shall fail to advertise as required by law, he shall be personally liable for all damages which may result therefrom. R. S. 3392-3397 3392. All informalities prescribed in five years. See Sec. 2809. [Adjudication to Highest Bidder, etc.] 3393. All property, real and personal, sold at auction, shall in all cases be struck off to the highest bidder, except such as may be limited, which shall be announced by the auctioneer before the bidding commences; and when the owner or any person employed by him, shall be such bidder, he shall be subject to the same duties as if struck off to any other person. See note to Sec. 3621, as to right of sheriff after making sales, etc. 3394. In New Orleans, must be made in daytime. Exceptions. This section is like Sec. 170, which was amended by Act 116, 1882. See Sec. 170. [Certificates of Mortgages to be Made.] 3395. It shall not be lawful for any auctioneer, or person acting as such, to sell any real estate, without first producing and reading a certificate of mortgage, showing the mortgages and incumbrances recorded against the property offered, under a penalty of five hundred dollars for each offense to be recovered by the purchaser. [Judicial Sales, by Whom Made.] 3396. All judicial sales throughout the State, made in pursuance of any order, judgment or decree of any court of this State (except that of justices of the peace), shall be made by the sheriff of the parish where such sale is made, except in the cases hereinafter provided. [Of Successions, etc., by Whom Made.] 3397. All sales of property of succession, of property belonging to minors or in which minors are interested, of property of interdicted persons and property surrendered, and all sales made pursuant to an order or decree of any court of this State, may be made either by the sheriff or by an auctioneer of the parish or city in which such sale is to be made, or by the representatives of the succession, the tutors of minors, by curators of interdicted persons, or by syndics of insolvents, as the case may be; and it shall be the duty of the court ordering the sale to direct that the same be made by the sheriff, or by such auctioneer as shall be selected by the parties, or by rep R. S. 3398-3403 resentatives of the succession, the tutors of the minors, the curators of interdicted persons, and the syndic of the insolvent, as the case may be (Act 13, E. S. 1865, 20). See Act 40, E. S., 1877. Transfer of stocks, printed under title "Successions.'' 3398. Proces verbal of sale of succession property is declared an authentic act. See R. C. C. 2234, part 2. [When Sales Are Made on Credit.] 3399. The sheriff, or other person making sales of succession property on credit terms, shall be authorized to receive for the price the notes of the purchasers, and identify them by description in the adjudication. The security on the notes shall in all cases be approved by the vendor or the party representing him. 3400. Executors, etc., may purchase at succession sale, etc., when he is surviving partner in community, etc. See R. C. C. 1146, part 2. [Recording, etc., When Sale Is on Credit.] 3401. On the registering of such proces verbal of sales in the office of the recorder or register of conveyances of the parish where the property so adjudicated may be situated, the recorder or register shall be authorized to identify with the sales, the notes or bonds received, as above stated, by his paraph, in order that he may cancel the mortgage when they shall have been paid (Act 89, 1855, 76). [St. Bernard, Plaquemines, Jefferson-Sale, Where Made.] 3402. In all cases where judicial sales of property are required to be made in the parishes of St. Bernard, Plaquemines and Jefferson, it shall be lawful to cry and adjudicate the property in the city of New Orleans, if thereto requested by the party at whose instance the order of sale was issued; and in case of sales under writs, if thereto requested by all parties interested. See Act 95, 1894. Where judicial sales shall be made, printed under Sec. 3410. Land Situate in Two or More Parishes.] 3403. Whenever a sheriff shall seize, under process from any court of justice, any tract of land situate in part in two or more parishes, it shall be lawful for him to execute the process R. S. 3404-3407 upon the whole contract; in such cases the sheriff shall give the legal notices of the sale in each of the parishes into which it may extend. The deed of sale shall be recorded in each of the parishes (Act 277, 1855, 337). 3404. Tax on auction sales of bonds and stocks, etc. See Sec. 161. [In Orleans Sheriff to Record Judicial Sales.] 3405. It shall be the duty of said sheriffs to cause to be recorded in the conveyance office in the city of New Orleans all judicial sales of real property made by them, besides having said sales recorded in the clerk's offices, as is now required by law (Act 1841, 17). 3406. Constables' sales (Orleans excepted), how and when made. See C. P., Art. 1143. See Act 95, 1894. Where judicial sales shall be made, printed under Sec. 3410. [Form of Writs of Fieri Facias.] 3407. Writs of execution or of fieri facias shall be in the following form: We command you, that by seizure and sale of the property, real and personal, rights and credits of in the manner prescribed by law, you cause to be made the sum of dollars and thereon from the paid, at the rate of the sum of cents, debt, with interest day of well as your own costs and charges, to satisfy a judgment lately rendered against the said court for the parish of in our in favor of the said. And how you shall have executed this writ you make return to our said court in seventy days, as the law directs. Witness, the Honorable Judge of the said court, this in the year of our Lord 18... (Act 337, 1855, day of 477). Clerk of said Court. |