New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-01-14
Corscn OF MrsicIPALIry No. Two.


At meeting of the Council held at the sitting above
written the following report and resolutions were unanj
mously adopted and on motion ordered to be inserted
in the city papers for general information together with
the annexed letter and extract from the Act of Com
promise;
The Finance Committee have toreport That within the
last few days they have learned with regret that certain
parties who signed the late Act of Compromise before n
Cenas ESQ notary public for the settlement of the
Bature question in front Of the Municipality had era sed
their names herefrom upon which information your
mittee addressed a communication to H. B. Cenas ESQ
nquiring who the parties who had so nraeJ I'M.
names, he, in his reply stated that Messrs II De;
X Hunt and Carl kohn who represent several of the mar
ties claimant had erased their about the 9Th inst
in person. from the said contract Your committee also
addressed note to Mr. Roseus attorney for the NUM-
cipaty in the premises requesting his opinion whether
or not the partias who had signed the act could legally
recede by crossing out their names Mr. Roses in bis
reply (Which hereunto attached in writing for pubca
tion states his decided opinion that the nartes who
had signed the contract of compromise cannot legally
withdraw their signatures therefrom tbaf the
contract is complete and binding all whose names were
once attached thereto and the contract is in as full
force as though such had taken place and he
recommends that the sale of the property be proceeded
with advertised Your committee have therefore in
struced the auctioneer proceed with the sales bevne
this course to be for the best interests the Muncnpv
and in furtherance of her rights
Your committee offer the following preamble and reso
lutions A. BRoTgrp
Henry RENsHAw.
Iphereas, This Municipality through her Finance Com
mittee did together with certain other parties in III.
III
notary Tor the settlement Of their respective interests in
the Baturc in front of this Municipality and since tho
signing thereof several of the said parties have erased their
signatures therefrom which erasures are illegal and do
not release the said parties from their obligations in said
contract And whereas by the terms of said Act of
vested with authority to pass the titles the sale Of said
lots and the said act being in full force and effect
if such had taken place it heinz frther
for the interest of this Individuality that thn s,;d
property should be sold,
Be therefore Resored That the said Finance Committee
he lui6 fffp thap ,tt, =
this Municipality advertised providedin their Judgment
the said property shall sell for fair price
Be il further Resorea, That the Finance Committee be
authorized to postpone said sale if in their Judgment the
said property does not bring fair value
Be further Resolred That this Municipality will warrant
and defend the title to sold under the authorization
of their Finance Committee.
NEw0RLEAvs, Jan IT, 1852
"A, Brother. Esq. Chairman Of the Finance CoDnittee
slR-In answer to your note of Saturday last I beg
leave to state that the parties who had signed the act IF
compromise in relation to the bature in front of the
suburb St Mary had no legal right to withdraw their
names from said act and that the of their names
not affect the rights of the Municipality and other
parties to the act consider that the contract was per
feet and obligatory on the Municipality and the other
parties who had signed it, In communicative agreements
as long as of them have not signed but this right is
based on the principle that one party be bound
until the other is equally sos but consider that the
OF compromise does not retain any reciprocal obligations
between the original donors the preensions set up
by them must necessarily be confined the property
originally belonging to them to those under whom |
they claim The obligations created by this contract are
distinct and independent each other so far as the do
nos their representatives concerned As the pro-
per representatives of the Municipality have signed the
act Of compromise and have thereby bound the corpora
ton 1t to to follow necessary consequence
that al the parties who have given their consent to the
contract by atxng their signatures to it. are equally
bound and cannot be permitted to release themselves by
the erasure of their signatures this being in nv
opinion, illegal must be considered it had not been
done My advice therefore, is the sale of the prom
ery be made advertised that is say that the prom
ery formerly belonging to the persons who had signed
the act be thus sold leaving unsod for the present. the
property in which the donors are interested who have
never signed the compromise
am, very respectfully, your obedient servant
G. RosELIus.
Extract from the Act of Compromise
Section That the lots composing the squares or islets
between the said three shall be sold at public
auction by Beard May actioneers of this city or by
mch other auctoneer may be named by the Council of
No Two and the parties this act And it
draw formal verbal of the sale of the said
hereof with the undersigned notary And acts of sale of
he said property shall be passed before the said notary
md shall he signed by the Finance Committee of the said
jounc and by the purchaser purchasers the acts
# sale thus signed shall be binding upon all the said par
les of the second part vendors That the said auction
aes shall be made after advertisement in ut least two
newspapers published in NewOreans. and shall be con.
inued from time to time until all the lots are sold That
he lots in the squares between New Levee and Fulton
treet shall be sold in the winter of 1851 and 1852 unless
no sale shall be postponed by consent
Ja14-2dp JOHN CALHOUN Secretary 9