R. S. 3031-Act 16, 1892

LUMBER, BUILDINGS, ETC., ON LEVEES

Act 16, 1892, p. 28.

AN ACT making the placing upon the levees of lumber, building material, fuel, fences, buildings, constructions, or anything which obstructs the levees or free passage thereon or safety thereof, or the tying of logs to the levees, punishable by fine or imprisonment, or both, at the discretion of the court.

[Obstructing or Impairing Safety of Levees.]

SECTION 1. That whoever shall place, or cause to be placed, upon the levees fronting on the Mississippi river or upon any levee or levees fronting any lake or canal or waterway subject to the control or surveillance of the district board of levee commissioners or police juries or municipal corporations, any lumber, building material, fuel, fences, buildings, constructions, brick, sand, clay, or any matter of any kind. or character which obstructs the levee, or interferes with the safety thereof, or is an obstacle to the construction or repair thereof, shall upon conviction before any court of competent jurisdiction, be impris oned for a term not exceeding six (6) months, and fined not exceeding one hundred dollars ($100.00), or both, at the discretion of the court.

[Obstacles, How Removed.]

SEC. 2. That if after forty-eight (48) hours' notice by any district commissioner or commissioners or levee inspector, and in the parish of Orleans by the commissioner of public works, said aforesaid obstruction, etc., is not removed, the same may be removed at the expense of the owner, agent or person responsible therefor, and held until such expense is paid.

[Tying, etc., Timber, etc., to Levees During High Water-Penalty.]

SEC. 3. That no logs or timber can be tied or fastened to the levees on the Mississippi river or other waterways during high water or such periods as said river or waterways are considered dangerous, and any person or persons found guilty thereof shall be subject to aforesaid fine and imprisonment.

[Where Act Does Not Apply.]

SEC. 4. That this act shall in no manner be considered applicable to movable property placed upon the wharves and landings in the city of New Orleans.

[Repealing Clause.]

SEC. 5. That this law shall take effect from and after the date of its promulgation.

R. S. 3031-Acts TO PROHIBIT THE OBSTRUCTION OF THE NEW BASIN CANAL OR LAKE PONTCHARTRAIN.

Act 152, 1900, p. 234.

AN ACT to forbid the construction of any piling, wharf, breakwater, pier, or other work or obstruction, in the New Basin Canal or Lake Pontchartrain, tending to hinder or impede navigation at the mouth of said canal.

[Erection, etc., Piling, etc., in Lake Pontchartrain.]

SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That it shall be unlawful to erect, construct, or place, any piling, wharf, breakwater, pier, or other woodwork or earthwork, or to place any post or posts, or other obstruction, for any purpose or purposes whatsoever, in Lake Pontchartrain, within a mile of the point where the New Basin Canal empties into, enters, or lets out, into the said lake, without the consent of the Board of Control of the New Basin Canal and Shell Road, evidenced by resolution, which resolution shall be approved by the Governor of the State.

[Penalty Imposed for Violation of Act.]

SEC. 2. Be it further enacted, etc., That any person who shall do any of the acts declared by the first section of this act to be unlawful, if done without the authority therein described, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding two hundred and fifty dollars ($250.00), or imprisoned for a period not more than three (3) months.

[Board of Control Has Right to Remove Any Piling, etc.]

SEC. 3. Be it further enacted, etc., That the Board of Control shall be authorized, at once, without notice of any kind, to remove or have removed any piling, wharf, breakwater, pier, or other woodwork cr earthwork, or any post or posts, or other obstruction, erected, constructed or placed in Lake Pontchartrain, in violation of Section One of this act.

NEW BASIN CANAL AND SHELL ROAD. Const., Art. 195.

Title of Act 144, 1888, p. 199.

AN ACT to provide for the appointment of a superintendent and other officers for the New Basin Canal and Shell Road, to prescribe their duties and fix their salaries; and to create a board of control for said New Basin Canal and Shell Road, and to prescribe their powers and duties.

Act 82, 1896, p. 115, amends Sec. 12 of Act 144, 1888.

See Act 127, 1880, p. 172, on same subject.

Act 91, 1882, p. 113, amends Sec. 2. Act 62, 1884, p. 85, again amends Sec. 2, and Act 86, 1886, p. 125, amends Secs. 6, 7, of Act 127, 1880.

R. S. 3032-3035

See Concurrent Resolution 121, 1884, p. 155, relative to rents due for Canal and Shell Road, and the institution of suits for rents and damages.

The Shell Road on the west side of the New Canal is public property, and no individual or corporation can acquire title to all or any part of it, by prescription or otherwise. Board, etc., vs. Weston Lumber Co., et al., 109 La. 925.

Title of Act 51, 1894, p. 61.

AN ACT to make it unlawful for the city of New Orleans, or any corporation or individual to use the New Basin Canal (the property of the State of Louisiana), for drainage purposes, by cutting canals, ditches or underground drains into said canal and fixing penalties, etc., thereto.

QUARANTINE.*

[Station Below New Orleans.]

3032. There shall be a quarantine established below the city of New Orleans, on the river Mississippi, at a distance not less than seventy-five miles by the river from the city (Act 336, 1855, Sec. 1, 471).

[Authority of Board of Health.]

3033. The Board of Health is hereby authorized to locate the quarantine ground, receive the transfer of the necessary land in the name of the State, and to draw upon the Treasurer of the State for the necessary amount, out of the fund appropriated under this act; provided, the consent of the Governor of the State is given to said purchase.

3034. Appointment and composition of Board of Health. (Act 336, 1855, Sec. 2, p. 471; amended by Act 14, E. S. 1870, Sec. 2, printed at p. 1449).

[Meetings of Board.]

3035. The Board of Health shall meet once a month from the first of November to the first of June, and once a week from the first of June to the first of November, and as often as they may deem necessary. (Act 336, 1855, Sec. 3, p. 471.)

*All acts relating to public health and police are printed under this title. There is none in the book under which they could more properly be placed. The sections of the Revised Statutes relating to the subject are necessarily printed here, and to create a new title for the acts alone would be to split up the subject and to cause great inconvenience.

R. S. 3036-3040

3036. Meeting; organization; president, his duties, salary; superseded by Act 80, E. S. 1877, Sec. 2, printed at p. 1453.

[Quorum of Board.]

3037. Four members of said board shall form a quorum; provided, however, that no contract for building shall be entered into without the consent of a majority of the board. (Act 336, 1855, Sec. 5, p. 471).

Act 80, E. S. 1877, Sec. 1, printed at p. 1452, makes five a quorum.

[Secretary and Treasurer, Bond, etc.]

3038. The Board of Health shall have power to appoint a secretary, who shall act as treasurer, who shall furnish security in a sum of ten thousand dollars.

It shall be his duty to keep a minute of the proceedings of the board, and all vouchers and expenditures made by authority of said board.

See Act 80, E. S. 1877, Sec. 2, printed at p. 1453, and title.

3039. Duties and powers of the Board, (Act 336, 1855, Sec. 6), amended and re-enacted by Act 14, E. S. 1870, Sec. 3, printed at p. 1450, this title.

[Establishment of Stations, etc.]

3040. There shall be a quarantine station at some point on the Rigolets, and another on the Atchafalaya river, two miles below "Pilots' Station," at the mouth of the Wax bayou. The Board of Health is hereby empowered, and it shall be their duty, to locate them agreeably to the provisions of this section, but the provisions of this act shall only apply to the station at the Rigolets from the day of the issuing of the proclamation of the Governor, as provided by section 3049, declaring any port on the lake shore or on the Gulf of Mexico to be an infected place, and shall remain in full force until suspended by a vote of twothirds of the members of the Board of Health.

The provisions of this act shall apply to and be enforced at the quarantine station on the Atchafalaya river from the first of May to the first of November of each year; and also when the Governor shall have issued his proclamation, as provided by Section 3049, and in such a case shall remain in full force until suspended by a resolution voted for by two-thirds of the members of the Board of Health.

R. S. 3041-3042

There shall be no permanent building erected at Pilot's Station, on the Atchafalaya river, but the Board of Health shall use as a hospital for the reception of the sick, hulls and cabins of steamboats. The Board of Health shall employ an officer, whose duty it shall be, and who is hereby empowered, to require from captains of vessels, steamboats or crafts, having passed the station at the Rigolets, or on the Atchafalaya river, the permit of the resident physician. (Act 336, 1855, Sec. 7, 472).

[Resident Physicians, Rigolets, Atchafalaya.]

3041. The Board of Health shall appoint a resident physician for each of the two quarantine stations, on the Rigolets and on the Atchafalaya, and such other persons as may be necessary; provided their salary shall run only during such time they shall have been thus employed, and shall in no case exceed, for the time they shall have been thus employed, the salary of the same officers at the quarantine station, for the same space of time, on the Mississippi.

[Salaries and Duties of Physicians, Quarantine Fees of Vessels.]

3042. The resident physician at the quarantine station on the Mississippi river shall receive an annual salary of five thousand dollars ($5000) and shall be appointed by the Governor of the State, with the consent of the Senate, and shall be removable at the will of the Governor. It shall be the duty of the resident physician, or his assistant, to visit and inspect every vessel entering the port of New Orleans through the Mississippi river. Vessels free from disease, not in a foul condition, and not from an infected district (which shall be decided upon by the resident physician), shall be furnished with a certificate of health, and allowed to proceed to the city. The resident physician shall require for every certificate thus furnished, the following fees: Every sailing vessel of one thousand tons or over shall pay thirty dollars ($30); every ship of one thousand tons or less shall pay twenty dollars ($20); every bark shall pay fifteen dollars ($15); every brig shall pay ten dollars ($10); every schooner shall pay seven dollars and fifty cents ($7.50); every steamboat (towboats excepted) shall pay five dollars ($5); every steamship from