True American. [volume] (New Orleans [La.]) 1835-18??, 1838-10-25

the bank accessory thereto. These let's are not
charged with any of the burthens attending ripa'
rlous estates. No rip rious duties are impose on
lot in New Orleans either by tho law, or any
clause in its grant; lot SD with rural estates &c"
Tho principle again recognised in the ase
of Pack wood vs.. Walden, 7 N s. Mlrtin s RI orts
pages 80 and 9l-Judge Matthews then said: "'The
Law 9th of the 2S.h, Title of Part 3rd of the Par
tedas recognises bstturos on the banks of rivers
('arenacs que las riberas de los ROSY as
common property OF the cities or towns to which
thoy bnGome attached, and tina Judge concludes
That the city acquire urc alluvIonis, and land
thus added becomes the property of the whole COM
munity."
In the case of Cochran & ais. VS.. Fort. & ais.
volume of the Reports r. N. S. p, 63il
Judge Potter laid down the law in terms equally
explicit "l tile alluvon was formed utter the act
ofincorporaton. it (the aIIuvsn] became the pro
perty of the city and not Of the front proprietor s.
1t may not bu improper 10 add, that the late Mr.
Edward Livingston in the case of Morgan VS. Lii
vingston u ais. freely admitted the same doctrine.
1t was conceded in that case by tho counsel for tho
defts. and pltf. THAT if it had been conveyance
of town lot, the at!upoa ,could hare been erclud
sd'-sce page 49, of the Report.
From the above authorities, have no hesitation
in saying that tho alluvion claimed by tho Cot.
ton Press Co. formed since tho act of the in
cor oration to wit since 1905, that the land thus
reclaimed, and all other lands in the Same situation
bolong to the public.
Your Obedent Servant,
RICHARD NJ. CARTER.
New Orleans Oct. 10, 1898,
Resolved, That the petition ofthe Orleans Cot
ton Press Company, praying to be put in posses
sion of tha ground in front of their Press DO re-
jectcd, inasmucI as said ground belongs to the
Municipality; and the attorney of the Municipali-
ty is hereby directed to take such proceedings
may be required by law, protect tho interests of
Tho pu lie in the premises.
Mr.. Nixon read the following Counter Report.
Counter report by John Nixon, of the Com
mttoe on Finance, on tho petition of tho Osleans
Cotton Pross Company.
Respectfully shews, that since signing tho report
of the committee, he is DESTROYS of further ime TO
reconsider the reasons set forth in tho report and
10 mako further Inquiry into the nature of The title
to the property claimed by tho petitioners.
Whoreforo, ho prays that his name be withdrawn
from that report, and the same be referred back to
the Committee OF Finance for further considera-
ton, and 10 report thereon atthe next sitting Of the
council. JOHN NIXON.
On motion, Mr. Lockett, who explained that he
was stockhelder in the above Company and their
Counsel, excused from voting.
On motion, tho rules having been dispensed with
tho repo of Mr. Peters, together with the rosou
ton, was adopted. The ayes and NAYS were called
for, which resulted in Messrs. Caldwell, Gloyd,
| Hall, NJ lux, Peters, Sewcll and Whitney voting
in the atiirm tive and Mr.. Nixon in the negative.
| Mr.. Goy /, as chairman of the Committee
Streets and Landings, made the flowing Report
accompanied with six annexed r solutions which
! the rules being dispensed with were scyeraly taken
up and adopted
! The Committee on Streets and Landings report
] the fol ewing Ordinance and Resolutions.
: by SiAlNt;y-T 4 r,Nlpr'r'- ,Vt %,
| An Ordinance roguIa,ng .u6 coiiatruutlon OF
sidewalks within the taxable limits oil tho Mun.
cipality.
2. Resolution au.horising the Survsyo- to
make such repairs and alterations to sidewalks as
may be- necessary TO facilitate the running off Of
water in the Of tho Municipality.
3. A Resolution authorship the Surveyor ia
give the lines of streets in certain parts of ho nom
taxable limits Of the first and second wards
4. A Resolution directing the filling up of Front
street between the gunwae road and the front line
of lots fronting on sa id street
5. A Resolution autharisng the Surveyor to
procure IA pair of hand wheels for transporting
spsrs along the front Of the port
6. A Resolution to authorize the Surv yor to
advertise for proposals for lumber for bridges and
other Municipal works.
SPENCER GLOYD, Chairman.
SAN. J. PIE rERS,
ED. w. SEWELL.
An ordinance regulating the order and manner in
watch tho banqncttos, footways within the
taxable limits OF the second Municipality must
be proceeded with, and completed.
Art. /. From and after tho puSlic,tion of this
Ordinances no bauquette, or tootway can he legally
constructed, OF CAUSED 10 DS CDlStTuCl IL NlLilll
tho taxable limits of the second Municipality, other
than the best Lake bricks bOrlcrud by curb and
gutter stones, and three feet paved support, in
| tho most efficient and wnrkmanttks MANNER a.
grecably il respects, to the instructions adopted
by the ouncil their sitting of the fifth Of Juno
| last.
| Art. 2 The work must be executed in tho fol-
lowing orders -l5t tho street nearest to, and par
atlel, noarty parallel with the River aud leve',
the tootways of which have not cen completed,
from Canal troet towards, or TO Felicity road, dc-
cordng to the extent of the vt 4ent.-2l, all the
other streets to be gradually progressed with; those
parallel and perpendicular to the river i'll similar
| and alternate succession. And as often the side
walks of any two OF tho parallel streets are COM
| peled, those for the parts of the perpendicular
streets, lying and being between the SAID parallel
streets, must also be executed ere third parallel
street is ordered to BIO done.
Art Sd. After the publication of the present
| Ordinance it shall be, and it is hereby made the
duty of the Commssary OF each Ward, in his res
pectiye District To notify tho proprletors Of ground
fronting streets III tho order regulated by the pre-
ccding article mo. to have their banqu ettes OF
footways constructed within two months oil the date
OF sall, notifications and in lho event of their non
ompiiance neglect they shall be, and they are
hereby made iAUiu, Tor Il line not exceeding " IL
per day, recoverable before any competent tribunal
and tno Municipality shall cause the said tootway:
to be cuted, and the proprietor Tie proprctor
To reimburse ms, her, or their portion OF expense
in conformity 10 Ordinances and Resolutions les
pecting paving.
Ait 4. Ii Is distinctly understood that no no
tihcaton can he served Oh any proprietor Cr pro
prietors for executing his, her their side walks
until all the proprctors of lots preceding his he
or them i'll the order established in tho foregoing
have completed theirs.
Art. s. All ordinances and parts of ordinance
contrary to the PROVISIONS o! the present one,
1 hereby repealed.
Considering the great irrcgularity of tho fall il
. the gutter d the height giVeu TO the banqucttes
or tootways III various parts of this Municipality
more especially IN tho third Ward, with the con
sequences to be apprehendcd from the stagnai
water accustomed by the one, and the additional AN
unnecessary filing of adjoining lots caused by til
: other:
c Resolved, That the surveyor be- and he is herr
by author sed to make, to be mad !urin
the general operations tor side walks and stree
Y paving in the Municipality such alterations in til
levels OF the cutters aud bridges and i'll the hclgl
9 of the banquelles footways, will obtain sue
regular and free descent for the ~ atcr must co
8 respond with the general levels established for Il
i whole Municipality, aud will obtain for the doil
ing lots reas enable and regular share of fitlnl
Resolved, Th4t the Surveyor be and he is horeb
au horised to give the street ines of certain par
ofthe non-enabo limits of the first and sccon
wards of this Municipality; and that as no resuI'
and correct plan OF these parts Is now IN eNstenc
blame Will We attached to hun tor any dlttorcnc
that may hereafter be found.
II Resolved, That tho Surveyor lie, and he is her
Q by authorized, to to be fitted up to propt
level, the whole of that part Of Front street, b
|, tween the gunwa!e and the front line OF 10
+" fronting OH sand street
C Resolved, That they surveyor be and he is her