New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1858-04-05
lith 0rItans DaiIp Grsstsut.
AN ACT

Tdi assembly couened, That ior the purposes OF this
act all that portion Of th parish OF Orleans lying
and being within the following limits viz beginning
at the Mississippi river at Julia street. following said
street 70 the canal Of the New Orleans Canal and 4
sahk'pg Company following sad canal as far as
LAKE Pontchartrain, along said Lake to BayOu 81. |
John, following said Bayou to the Canal Cafondelet
along said canal 10 St. Peter street along St Peter
street 10 the river following the banks Of the river
! ing and Draining District
| q That the following portions Of the parishes Of
Orleans and Jefferson, viz beginning at the Misss-
sipp river at the upper side OF Julia street along
Julia street to Mobile Landing along aid landing IL
DeOrd street. along Delorj street and the upper side
of the canal Of the New Orleans Canal and banking
Company, following said canal to Lake Pontchartran
along the shores Of said lake to the jefferson and
Pontcbartran Railroad. following said road TO the
river Mississippi and following the banks OF said river
to the starting point shall constitute the Second LIE
| veejng and Draining District
3. And all that portion OF the parish OF Orleans
| lying and being within the following limits, viz:
from the river Mississippi at ST. Peter street, along
the lower side OF said street To Canal Caroudeet fO
| lowing said canal to Bayou st. John, along said
bayou to Lake Pontchartrain, along the shores Of
said lake to lafayette Avenue following said avenue
to the river Mississippi along the banks OF said river
TO the starting point. shall constitute the Third
| Leyeeing and Draining District.
SEC. 2. Be IL further enacted, etc., That for the
purpose Of carrying into effect the provisions Of this
| Act, there shall be three Boards Of COMMISSIONER
to be appointed and organized as follows One 70 be
eTs for The First Draining District and one as the
Board of Commissioners Of the Second Drumming
! District; and one the Board of CommissiOners
| of he Third Draining District Each Board OF Com
mssioners shall he composed of five persons resi-
dents Of the district for which they appointed.
The Board Of Commissioners Of the First and Third
Draining Districts shall be appointed by the Mayor
of the city OF New Orleans, by and with the advice
and consent of the Board Of Aldermen of said city
and the Board OF Commissioners OF the Second Dram
ing District shall be composed of FIVE persons resi-
dents Of the said district to be appointed follows
viz: fro by the Mayor Of the city OF New Orleans
by and with the advice and consent OF the Board OF
Aldermen Of the city one by the Council of the city
Of jefferson BY the Police Jury of the parish OF
Jefferson and by the Council Of the town of
Carrollton Said Conn issoners shall serve for the
term Of four years. And no member o. the Common
Council Of The city Of Ns,c Orleans, IF the Police
Jury Of The parish Of Jeferson or Of he Council Of
the city Of Jefferson and tOIcn of CdTToifon, shall.
during he term for trieh they sdHhdre been elected
be eligible Commissioners IN either Of The districts
aforesaid.
SEC. g. Be further enacted etc., That at the first
meeting of the Boards Of Commissioners OF the First
and Third Draining Districts. the said Boards shall
be divided by lot into two classes. The seats of the
first clsss shall be vacated at the end of two years.
and the seats of the second class shall be vacated
the end Of four years; Prouided That three mem
bers shall constitute the first class and two members
shall constitute the second class, and that every two
years thereafter the Mayor aforesaid shall appoint
as hereinbefore provided, Commissioners to nh The
pred. And in case OF vacancy by DEATH resignation
or otherwise the Mayor shall appoint in the same
manner as hereinbefore provided, Commissioners to
fill the vacancies of the uneSpired term. Il being
understood that the Board of Commissioners for the
Second Draining District shall for the full term
OF four years. and in ease OF vacancy by DEATH resig
nation, or otherwise, in said Board, such vacancy
shall be filled by the authority making the original
appointment.
SEC 4. BE il further enacted ETC.. That the said
Boards Of Commissioners are hereby invested with
all the rights and powers necessary to thoroughly
drain the several Draining Districts, expressed in
the first section of this act, and to that end shall
have the right at all times of entering the lands
within the limits Of the districts aforesaid, and Of
placing thereon their engines and machinery, and oil
freely passing over and using the same and of dig
gng all necessary canals and drains, making al
necessary embellishments and levees and of doing al
: things lawful to be done which may be useful OF
j. necessary in draining, cleaning and retaining the
land within said districts Said Boards of Commits
si0ners authorized to cnt their canals and drains
. through the streets aud squares and in the event
of any street selected for the location of a canal
= being too narrow for draining canal and a pub
, lie highway, the said Boards of Commissioners
may cause such streets to he widened Piorided
however that any person or corporations shall have
the right by petition addressed to any Court Of com
petent jurisdiction to oppose any acts of the Boards
in the exercise OF the powers conferred by this sec
ton said Boards, asd il shall be the duty of such
Court summariy to hear and determine the same
after full hearing Of both parties, and such Court
shall limit the action Of the Board to the exercise
y of the powers herein conferred, in carrying int
eject the provisions of this Act according to its true
intent and meaning, and when the same cannot bt
done without injury or loss 10 tie complainant said
p. Court shall award adequate compensation. And
Prorided also, that on the appeal of the Supreme
Court, the trial OF the same shall have priority aud
preference over all other cases therein and on such
appeals the said Boards shall only be required TO give
security for costs OF appeals. And, PrOuided fur
ther tuat in any suit nothing herein contained shall
v prevent said Boards from recovering Judgment
!; against any such complainant or complainants foi
damages, where it be shown that such have beer
incurred, and that such suit suits brought
/ frivolous grounds or from improper motives.
SEC 5. Be ii further enacted, ETC, That said Board
shall each have the right TO and be sued conta
for works necessary TO be done under this act I,
7: have seal and to alter the same 10 accept anI
receive any gift legacy or donation that may be mad
or left in their favor and generally to do all that ma
be convenient or necessary for the performance Of tn
duties which are imposed upon them, or that msy b
requisite for the welfare OF the plan OF ope
d rations which confded to them by this Act bu
not beyond the powers herein conferred
SEC. 6. BE IL further enacted ETC., That the domic
of the said Boards Of Commissioners shall be locate
in the city OF New Orleans. Each Board shall organ
ize within fifteen days after their appointment or
Is thereafter practicable and shall appoint on
5, of their number President, whom legal servc
J. of all process or citation ainst such Board shall
u made. Each Board of Commissioners is hereby en-
u powered and authorized to appoint such officers,
to make such bylaws rules and regulations for the
TO time to change the same, under such restrictions
ia they may think proper to impose
s. SEC. 7. Be IL further enacted, ETC., That sal
IS Boards of Commissioners shall have the right to pr,
ceed and are hereby empowered to evee, drain an
reclaim the lands embraced within their respectv
= draining sections districts, established by th
Act in the following manner whenever either
4 said Boards OF Commissioners is prepared to drai
their respective section or district, such Board
Commissioners shall cause plan thereof to be mad
actually designating the limits of the section or di
trct TO be drained and, as far possible, the subd
p, vision OF the property therein contained and Il
names OF the prQpret0rs also the dimensions an
directions OF the canals intended to be dug and Il
place where the steam engines will be establishe
Such plan or plans shall be deposited in the Office
the Recorder of Mortgages of the parish in which Il
~ section or district to he drained is situate and motto
shall he inserted in French and English in two new
", papers published in the said city Of New Orleans,
r. least once week during four weeks in successio
b announcing that such Board Of Commissioners W
. proceed TO drain such section, describing the pla
d where the plan thereof is deposited, accurately
filming the limits thereof and indicating as near
'oi as possible, the time within which the dranil
ID thereof will be completed, and the probable C
of said works. After such publications. such Boa
pat OF Commissioners shall apply by petition to o
be OF the District Courts In the parish of OrleaI
for that portion OF the section district living with
In the limits of said parish and to the District Court
In the parish Of Jefferson for that portion of the
or district living within said narish which Con