페이지 이미지
PDF
ePub

or other officer of the United States, the land scrip to which the State of Louisiana is or may be entitled under the act of Congress aforesaid, and to sell and dispose of the same, and upon said sale being made by said commissioners, they are authorized to appoint one person to assign said land scrip in accordance with the rules of the Depariment of the Interior.

See Act 23, 1880, p. 25. Employment of counsel to recover lands donated by Congress; repealed by Act 106, 1888, p. 171. State ex rel. McEnery vs. Nicholls, 42 An. 209.

2984. Sale of Certain Lands Suspended. The officers of the State land office are directed to suspend the sale of such public lands as have already been entered by any parties since the outbreak of the late civil war; and in all cases where a second entry has been made before the promulgation of this act, to suspend the issuance of the patent in the name of the State for said second entry (Act 28, 1866, 50).

2985. Land Office at Winnsborough Abolished.—The offices of State Surveyor General and of Register and Receiver of the branch land office at Winnsborough, Louisiana, are abrogated, and the records and duties thereof transferred to and devolved upon the Register of the State land office (Act 26, 1866, 48).

HOMESTEADS FOR SETTLERS ON PUBLIC LANDS.
Act 64, 1888, p. 70.

AN ACT to amend and re-enact Act No. 21 of 1871, approved February 25, 1871, entitled "an act to secure homesteads to the actual settlers on the public lands of the State."

SECTION 1. That any person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of this State, or who has made his declaration to become such, shall, from and after the passage of this act, be entitled to enter one-quarter section, or a less quantity, of unappropriated public lands of the State, upon which said person may have filed a pre-emption claim, or which may, at the time of making the application, be subject to preemption, to be located in a body, in conformity to the legal subdivisions of the public lands and after the same shall have been surveyed.

SEC. 2. That the person applying for the benefit of this act, shall, after due notice to the register, publish, or cause to be published, without cost to the State, in the locality where the land is situated, his or her intention of entering land under the homestead laws of this State, giving a description of the land they propose to enter at least thirty days prior to his or her application for entry to the register of the State land office. The evidence of such notice having been published to be exhibited to the register of the State land office, at the time of filing application for entry, and that the person so applying shall make affidavit before the register, or before the clerk of a court of record, that he or she is the head of a family, or is twenty-one years or more of age, and that such application is made for his or her exclusive use and benefit; and that said entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use and benefit of any other person or persons whomsoever; and upon filing said affidavit with the affidavits of two credible witnesses, that the land applied for is suitable for settlement and cultivation, and on payment of the fees allowed by law, he or she shall thereupon be permitted to enter the quantity of land specified; provided, that if it appears upon the oath of one or

more credible witnesses that the land specified for entry is not suitable for settlement and cultivation the register shall refuse to permit its location; and, provided further, that no patent shall issue therefor until the expiration of five years from the date of such entry; and if, at the expiration of such time or any time within two years thereafter, the person making such entry-or, if he or she be dead, his or her legal heirs-shall prove by two credible witnesses, that he, or she or they have resided upon and cultivated the same for the term of five years immediately succeeding the time of filing the affidavit aforesaid, and shall make affidavit that no part of said land has been alienated, then in such case, he, she or they, if at the time a citizen of the State, shall be entitled to a patent; and be it further provided, that in case of the death of both father and mother leaving an infant child or children under twenty-one years of age, the right and fee shall inure to the benefit of said infant child or children; and the executor, administrator or guardian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the State, sell said land for the benefit of said infant or infants, but for no other purpose; and the purchasers shall acquire the absolute title by the purchase, and be entitled to a patent from the State, on payment of the office fees and the price of the land as fixed by law.

SEC. 3. That the register of the land office shall note all such applications on the tract books and plats of his office, and keep a register of all such entries, and make returns thereof together with the proof upon which they have been founded.

SEC. 4. That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.

SEC. 5. That if after the expiration of one year from the filing of the affidavit, as required in Section 2 of this act, and before the expiration of five years mentioned in said section it is proven, after due notice to the settler, to the satisfaction of the register of the land office, that the person having filed such affidavit, has abandoned said land or has failed to make settlement and evidence of his intention of cultivation, then and in that event, the entry shall be cancelled and the land revert to the State.

SEC. 6. That no individual shall be permitted to acquire title to more than one quarter section, under the provisions of this act; provided, that nothing in this act shall be so construed as to impair, or interfere in any manner whatever, with existing pre-emption rights, and that all persons who may have filed their application for a pre-emption right prior to the passage of this act, shall be entitled to all the privileges of this act.

SEC. 7. That nothing in this act shall be so construed as to prevent any person who has availed himself or herself of the benefits of the first section of this act from paying the minimum price, or the price to which the same have graduated, for the quantity of land so entered, at any time before the expiration of five years, and obtaining a patent therefor from the State, as in other cases provided by law, on making proof of settlement and cultivation, as provided by existing laws granting pre-emption rights.

SEC. 8. That all affidavits required by this act shall be entered of record, by the register of the land office, in a book to be kept by him for that purpose; and on proof before a court of competent jurisdiction, that any of such oaths or affirmations are false and fraudulent, the persons making such false or fraudulent oaths or affirmations shall be subject to all the pains and penalties of perjury.

SEC. 9. That all laws or parts of laws inconsistent with the provisions of this act be and the same are hereby repealed.

See Act 21, 1886, p. 31.

Title to any part of the public domain can not be acquired by the prescription acquirendi causa. State vs. Buck et al., 46 An. 656.

ENTRIES TO INCREASE FARM AREA.

Act 76, 1888, p. 83.

AN ACT to provide for adjoining farm entries upon the public lands of the State. SECTION 1. That any person who is a citizen of the State of Louisiana, and who owns now, or may hereafter acquire, a tract of land in the State of Louisi

ana, less than one hundred and sixty acres, may purchase at the rate of twelve and one-half cents per acre, in addition to such office fees as are now allowed by law, a sufficient quantity of such State lands to increase to one hundred and sixty acres, or any quantity less than one hundred and sixty acres; provided, that the land so owned and which is sought to be increased to one hundred and sixty acres, or a less quantity, is used bona fide for actual settlement and cultivation; and, provided further, that the applicant for such increase shall establish to the satisfaction of the State land officers, that his purpose in seeking such increase is the honest and bona fide intention to enlarge his farm area; provided further, that the land so purchased shall be contiguous to the tract owned at the time of making such entry; and provided further, that no person who has acquired under the provisions of any act graduating State lands, a quantity of land equal to one hundred and sixty acres, shall be permitted to take the benefit of this act.

SEC. 2. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed, and that this act shall take effect from and after its promulgation.

Act 55, 1896, public lands for disabled and indigent Confederate soldiers. printed at p. 628.

Grants of Congress in aid of railroads-Vicksburg, S. & R. R. Co. vs. Elmore, 46 An. 1237; same vs. Sledge, 41 An. 806; Mower vs. Kemp, 42 An. 1007; State vs. Vicksburg, etc., R. Co., 44 An. 981.

The forfeiture of such grants, because of non-compliance of condition on which they were made, can be urged by the United States alone. Vicksburg, etc., R. Co. vs. Elmore, 46 An. 1237; Rights of Settlers, Mower vs. Kemp, 42 An. 1007; Adverse claimants, Louis vs. Geroir, 40 An. 710; School lands, State ex rel. McEnery vs. Nicholls, 42 An. 209.

A proper certified copy of the Register's record of a patent is admissible in evidence to show the date of the sale of the land by the State. Le Bleu et al. vs. North American, etc., Co., 46 An. 1465.

PUBLIC PRINTING.

2986 to 3005. Act 6, 1870, and Act 91, 1876, "and all laws or parts of laws conflicting herewith, and all laws or parts of laws (Act 3, E. S. 1875), on the same subject matter," were repealed by Act 49, 1877, Sec. 20, p. 68. This act was in turn repealed by

Act 6, E. S. 1881, p. 20.

AN ACT creating a Printing Board and defining its duties; relative to the State printing, to the official journal of the State; to regulate and define the prices of public printing, and to prescribe the manner in which the same shall be done; directing the manner and price at which contracts shall be made by police juries and municipal corporations for public printing; providing for the binding and distribution of all public documents and furnishing stationery for all the departments of the government of the State; and repealing all laws or parts of laws in conflict herewith.

SECTION 1. State Printing Board.—That two members of the Senate and three of the House of Representatives, to be elected by a majority vote of their respective bodies, shall constitute the State Printing Board. The election of

members from the Senate and House of Representatives for the purpose of constituting the first board under this act shall be held on the day succeeding that of its approval by the Governor, and in case the General Assembly shall adjourn before said election shall have been held, the Governor of the State shall appoint the two members from the Senate and three members from the House of Representatives. The elections or appointments of these members for subsequent boards shall be held as is hereinafter provided for.

§ 1. Duties of Board-Contracts, How Made.-It shall be the duty of the Printing Board first existing under this act on the first Monday after the election or appointment of its members to advertise for ten days for sealed proposals for all stationery, printing, paper, the printing, binding and distributing of the laws, journals and department reports, reports of the Supreme Court, and all other printing and binding and stationery used in the Legislature, and all other departments of the government of this State, and all subsequent boards shall make like advertisements for sealed proposals on the first Monday after the election or appointment of its members and every two years thereafter.

§ 2. To Be Given to Lowest Bidder. The first contracts granted under this act shall expire on the first day of August, eighteen hundred and eighty-four, and subsequent contracts shall expire on the first of August every two years thereafter. The board shall be further authorized and empowered at the expiration of the aforesaid ten days to proceed to open the sealed proposals and to award the contract or contracts to the lowest responsible bidder or bidders below such maximum rates and under such regulations as are hereinafter provided.

§3. Not to Any Officer of the State. Such contract or contracts will not be awarded to any but a citizen of this State; and no member or officer of any of the departments of the government of this State, shall be in any way interested in any contract. The Printing Board shall have the right to reject any and all bids, and such contract or contracts shall be subject to the approval of the Governor, the President of the Senate and the Speaker of the House of Representatives, or any two of them.

SEC. 2. Contractor to Give Bond. That immediately after the awarding of any contract all the proposals and papers of every kind relative thereto, together with the contract and bond furnished as required by section 17 of this act, shall be by the Printing Board transmitted to the Governor, the President of the Senate and the Speaker of the House of Representatives for their examination and approval, and if approved, the contractor shall immediately enter upon the discharge of his duties. The contractor for printing shall, for convenience of reference, be styled the State Printer.”

[ocr errors]

SEC. 3. When Governor, etc., Refuses to Approve Contract.-That in the event of the failure or refusal of the Governor, President of the Senate and Speaker of the House of Representatives, or any two of them, to approve any contract, the Printing Board shall immediately readvertise for sealed proposals in accordance with the provisions of this act, and so continue until the contract is awarded and approved.

SEC. 4. Term of Office of Board. That the members of the Printing Board, created under the provisions of this act, shall hold their office for the term of four years or until their successors are elected or appointed and qualified, except the members of the first board created thereunder, who shall hold their office until the second Monday in May, 1884, or until their successors in office shall be elected or appointed and qualified, and during the first week of the regular session of the General Assembly of the year 1884, and during the first week of every alternate regular session thereafter, the Senate and House of Representatives >hall proceed in the manner provided in this act to elect the members to represent their respective bodies on the Printing Board.

SEC. 5. Term of Contract.-That such contract or contracts shall be entered into for a period no longer than two years from its beginning or until the next contract or contracts can take effect, as provided in the foregoing sections of this

act.

SEC. 6. Printed Bills etc., When to be Returned.—That all bills, reports or other documents which may be ordered for printing shall be printed and returned to the House which may have ordered the same within forty-eight hours after the delivery of the copy to the State Printer, unless, on motion, a longer period be granted.

SEC. 7. Bills, etc., to be Printed in Numerical Order.-That the State Printer shall print each bill, report or other document that may be delivered to

him by order of either House of the General Assembly in the order in which the same shall be numbered and delivered to him, and shall return them in like manner, so that no subsequent numbers shall be first printed and returned, unless otherwise specially ordered.

SEC. 8. Time Within Which Officer's Reports Must Be Printed. That all officers of the several departments of the State, who, by law, may be required to make reports to the General Assembly, shall cause the same to be printed by the State Printer or the party who may have the contract therefor for the use of the Legislature, and shall present the same within twenty days after the copy of report shall have been placed in his hands.

SEC. 9. Journals of General Assembly.-That the State printer shal furnish and have ready for delivery the journals of both houses of the Gener Assembly within sixty days from the time when copies of the same shall hav been delivered to him by the Secretary of State, under the penalty of forfeiting and paying the sum of thirty dollars for each and every day he shall be in default after the expiration of the time. The Secretary of State shall forward a copy of the acts of each session of the General Assembly to each clerk of court and justice of the peace, for the use of their respective courts; to each member of the Legislature one copy of the Journal of both Houses, and a copy of the acts passed by the General Assembly of which he was a member, and also to the Secretary of State of each State and Territory in the United States; to the Attorney General and Secretary of State of the United States; to the Librarian of the Supreme Court of the United States, and to the Librarian of the Congress of the United States (as amended by Act 148, 1888, p. 208).

SEC. 10. Proof Sheets of Official Journal. That the State Printer shall supply each house of the General Assembly with proof-sheets of its official journal, containing the proceedings of the previous day of meeting; that within two days after the journal of each house shall have been approved, the State Printer shall publish the same, as so approved, once in the official journal of the State, and the same matter so published shall be made up in book form, as provided in paragraph two of section thirteen of this act; but in no case shall charge be made for the proof-sheets to be furnished as aforesaid.

SEC. 11. Official Journal of the State, How Designated. That the State Printer shall designate a daily newspaper published at the seat of government, which shall be styled "the Official journal of the State," in which all laws and joint resolutions of the General Assembly shall be promulgated, and he shall deliver to the Secretary of State, upon his order, copies of the official journal of the State containing any of the laws or joint resolutions of the General Assembly of the State, which shall be hereafter enacted, immediately after the same shall have been published therein, and as soon as practicable thereafter the said Secretary of State shall cause the said official jurnal to be sent to the judges and clerks of courts, and it shall be their duty to preserve carefully all copies of the official journal so received in their respective courts for the use thereof, until they shall have received the copies of the laws in pamphlet form.

SEC. 12. Price of Papers Fixed. That the State Printer shall receive not more than three dollars for every hundred papers delivered to the Secretary of State, as directed by the preceding section.

SEC. 13. Work Must Be According to Specifications.-That all printing for the State, or for any department of the State herein provided for, shall be performed by the State Printer, or the proper contractor, who shall exccute the same according to the specifications and at prices not exceeding those set down in the following paragraphs:

§1. Publication of Laws, etc. The laws shall be published in book form, in the English language, and in pamphlet form in the French language, with a list of the acts, the date of their promulgation and an index thereto. They shall be printed upon good, strong, book printing paper, sized and calendered, in long primer type, solid, each page twenty-four ems pica in width, and forty-seven in length, including the running title and white lines under it and foot lines, with marginal notes in nonpariel, five ems pica in width, to be added thereto, the same to be stitched and covered with colored paper, and one thousand copies thereof shall be delivered to the Secretary of State within thirty days after the adjournment of the General Assembly, for which there shall be allowed not more than three dollars per page for the first five hundred copies; not more than twenty-five cents per page for one hundred copies or fraction

« 이전계속 »