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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.
How Enclosed Owner May Get Right of Way.
3151. [Sec. 2.] Whenever a party owning lands as herein above stipulated desires to construct such roadway, tramway, ditches or canals 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.
Permit from Police Jury.
3152. [Sec. 3.] 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 once 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.
Can the Legislature authorize the taking of private property for other than public purposes (see Breaux vs. Bienvenu, 51 A. 687), or can it vest in police juries the judicial function of fixing amount of damages? See, also, State ex rel. Lewis vs. Judge, 111 La. 241.
EYE, EAR, NOSE AND THROAT HOSPITAL.
Inmates of Certain State Institutions to Be Treated at.
3153. [Sec. 1, Act 196, 1902, p. 382.] The inmates of the Institute for the Blind, the Institute for the Deaf and Dumb, and the Soldiers' Home of Louisiana, be provided with special treatment for the diseases of the eye, ear, nose and throat in the Eye, Ear, Nose and Throat Hospital of New Orleans, and the said treatment to be furnished by the said hospital to as many inmates of the said institutions as may be selected for said treatment by the superintendents or boards of control of the said institutions.
3154. [Sec. 2.] For the purpose aforesaid, the sum of three thousand dollars annually is hereby directed to be appropriated out of the general fund.
Con. 45 provides, "nor shall any appropriation of money be made for a longer term than two years."
FENCES AND HEDGES.
Police Juries May Fix Requirement of Lawful Hedges and Fences.
3155. [Act 55, 1880, p. 53.] 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 jurors may authorize the use of said hedges and fences throughout their respective parishes, or in certain parts only of the
3156. [Sec. 1, Act 26, 1914, p. 81.] The office of Fire Marshal for the State of Louisiana as recognized in Article 320 of the Constitution of this State for the year 1913 is continued in existence; that the Governor of the State of Louisiana shall appoint said officer, whose term of office shall expire at the same time as that of the Governor appointing him.
3157. [Sec. 2.] Under the direction of said Fire Marshal, his deputies, Chief of the Fire Department of all cities, towns and villages where a fire department is established, or the town marshal of towns or villages where no fire department exists, or the Sheriff of each parish, in the territory without the limits of any incorporated city, town or village, are hereby authorized to investigate the cause, origin and circumstances of every fire occurring in such cities and towns in which property has been destroyed or damaged, and shall specially make investigation whether such fire was the result of carelessness or design. Such investigation shall be begun within three days, not including the Lord's day, of the occurrence and the Fire Marshal shall supervise and direct such investigation whenever he deems it expedient or necessary.
The officer making investigation of fires occurring in cities, towns or villages shall forthwith notify the Fire Marshal and within one week of the occurrence of the fire, shall furnish to the Fire Marshal a written statement of all facts relating to the cause and origin of the fire, the kind, value and ownership of the property destroyed or damaged, and such other information as may be called for by the blank provided by the Fire Marshal. The Fire Marshal shall keep in his office a record of all fires occurring in the State, together with all facts, statistics and circumstances, including the origin of the fires, which may be determined by the investigation provided by this act.
3158. [Sec. 3.] It shall be the duty of the Fire Marshal to examine or cause examination to be made in accordance with the provisions of Section 2 of this act, into the cause, circumstances and origin of all fires occurring within the State to which his attention has been called by which property is accidentally or unlawfully burned, destroyed or damaged, whenever in his judgment the evidence is sufficient and to specially examine and decide whether the fire was the result of carelessness or the act of an incendiary. The Fire Marshal shall, when he deems it necessary, take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any fact, or to have means of knowledge in relation to the matters as to which an examination is herein required to be made, and shall cause the same to be reduced to writing; and if he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson
or incendiarism, he shall cause such person to be arrested and charged with such offense and shall furnish to the District Attorney of the district all such evidence, together with the names of witnesses and all the information obtained by him, including a copy of all pertinent and material testimony taken in the case.
Examinations by Fire Marshal.
3159. [Sec. 4.] The Fire Marshal, or his authorized representatives, shall have the power of a committing magistrate for the purpose of summoning witnesses, administering oaths and affirmations, and it shall be the duty of any Sheriff or constable to serve any process that may be directed to him, by the Fire Marshal or his authorized representatives. False swearing in any matter or proceeding aforesaid shall be deemed perjury, and shall be punished as such. Any witness who refuses to be sworn, or who refuses to testify, or who disobeys any lawful order of said Fire Marshal of his authorized representatives, or who fails or refuses to produce any book, paper or document touching any matter under examination, or who is guilty of any contemptuous conduct after being summoned by said Fire Marshal, or his authorized representatives to appear before him or them, to give testimony in relation to any matter or subject under investigation as aforesaid, may be charged with contempt before any court of competent jurisdiction, and if found guilty be fined a sum not less than $5.00 nor more than $50.00, or be imprisoned in the parish jail for not less than one day, nor more than twenty days, or both, at the discretion of the court. Said Fire Marshal, or his authorized representatives shall have authority at all times of day or night in the performance of the duties imposed by the provisions of this act, to enter upon and examine any buildings or premises, where any fire has occurred, and other buildings or premises adjoining or near the same. Said Fire Marshal or his authorized representatives may make affidavit before some Justice of the Peace of the district in which the fire occurred that he believes, or has reason to believe, that by a search of certain premises to be designated in the affidavit, he will obtain evidence tending to show the origin of the fire to have been incendiary and upon making such affidavit the Justice of the Peace shall issue a warrant authorizing the Fire Marshal, or his authorized representatives to search the premises named in the affidavit to be designated in the warrant. All investigations held by or under the direction of the Fire Marshal, or his
authorized representative may, in his discretion, be private, and persons other than those required to be present, by the provisions of this act may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined.
Examining Dangerous Premises.
3160. [Sec. 5.] The Fire Marshal or his authorized representative upon complaint of any person having an interest in any building or property adjacent, and without any complaint, shall have a right at all reasonable hours, for the purpose of examination, to enter into and upon all buildings and premises within their jurisdiction. Whenever any of said officers shall find any building, or other structure which for want of proper repair, or by reason of age and dilapidated condition, or for any cause, is especially liable to fire, and which is so situated as to endanger other buildings or property, and whenever any of such officers shall find in any building, or upon any premises, combustible or explosive material, or inflammable conditions, dangerous to the safety of said buildings, or premises, they shall order the same to be removed or remedied, and such order shall be forthwith complied with by the owner or occupant of said building or premises; provided, however, that if the said occupant or owner shall deem himself aggrieved by such order, he may, within twenty-four hours appeal to the Fire Marshal, and the cause of the complaint shall be at once investigated by the direction of the latter, and unless by his authority the order is revoked, such order shall remain in force and be forthwith complied with by said owner or occupant. Any owner or occupant of buildings or premises failing to comply with the orders of the Fire Marshal, or his authorized representative as above specified, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than five dollars, nor not more than twentyfive dollars, or by imprisonment for not less than one day, nor more than twenty-five days for each day's neglect.
Fees for Reports.
3161. [Sec. 6.] There shall be paid to the chiefs of fire departments, who do not receive compensation for their services as such chiefs, and to marshals of towns and villages, and to the sheriff of every parish who are by this act required to report fires to the Fire Marshal, the sum of fifty cents for each fire so