New Orleans daily crescent., 1866-02-15

/ the State and indorsed Proposals for LEASING
the New Canal"
30 J. MADISON WELLS,
Governor of the State of Louisiana,
AN ACT TO AUTHORIZE THE LEASE or THE NEW CANAL,
SECTION /. Be ii enacted by the Senate and
House Of Representatives Of the State of Louisi-
ana, in General Assembly concerned That the
canal belonging to the Canal and Banking Com
pany and constructed under the charter of said
company, Incorporated March 5th, 1881, situated,
lying and being in the parishes of Orleans and
Jefferson, together with all the rights, property,
privileges and uses, in any way belonging and
appertaining thereto, or claimed by said company
under said act Of incorporation, and which, by
virtue ofsad act, reverts to the State on the 5th
day of March, 1856, be, and the same is, hereby
ordered to be leased for term of years not to
exceed fifteen, nor less than five years Provided
however, that nothing in this act shall be SO con-
strued as to have the effect of releasing the Canal
and Banking Company from the obligation of re.
turning the property herein described in the good
order and'condition provided for in their charter
SEC. O. Be it Jurtae, enacted, etc., That it shall
be the duty of the Governor, Immediately after
the passage of this act, to cause to be advertised
IN one or more newspapers of the city of New
Orleans, for the period of twenty days, that the
said canal, with all the rights and privileges ap-
pertaining thereto or claimed, and now enjoyed by
the Canal and Banking Company under its char
ter-except sixty feet Immediately adjoining Cy-
press Grove ana Greenwood Cemeteries, towards
the canal, which is hereby reserved by the State
of Louisiana, for the use of the Firemen's Chart
able Association of the city of New Orleans, is
offered for lease set forth in the first section of
act nd to far Ied
lease of the same; Prouided, that the lessee
shall be required to make the repairs described by
specifications and plan in the report of the State
Engineer to the Governor, dated January 18th
1866, which shall be made part of the lease that
he will also be required to keep the canal. shell
road and all other property in good working order
and condition. as is provided by the charter of the
canal company that the cost of the repairs to the
extent of sixty-eight thousand dollars shall, be
allowed to the lessee, in three equal amounts to
be deducted, one-third each year from the animal
rent; that the repairs and improvements provided
by;s section, shall be made subject to the apnro
val of the StateEngneer; Prouided further, that
it be made condition of the lease that the lessee
shall permit the culyerts receiving the waters
of the Second Drainage District to remain omen.
SEC. 8. Be 1t further enacted, etc., That at
the expiration of the time allowed for such adver
tsement, the Governor shall accept such PROPOSAL
as he may deem the most advantageous to the
State, and forthwith submit the same, with his an |
prova, to the Senate in Executive session for their
approval, and if approved by the Senate, said |
property shall be put in the form of contract
between the State, represented by the Governor. I
and the lessee; Provided, ho,ceuer, that all the
proposals for the lease of said canal, which have
not been accepted, shall be open to the inspection
of the members of the Senate; Provided, that |
upon the opening of such proposals, if the Gov
ernor and Senate shall decide that none of the |
proposals are advantageous to the State the Gov
ernor and Senate are hereby authorized and en-
powered to readvertise the same for the space of
thirty days in the newspapers the Governor may.
select in the city of New Orleans; And provided
stA Ju'he1 that in case the Governor is not salts
he'd with the proposals to be received under the
second advertisement he is hereby authorized and
empowered, it the Senate be adjourned, to lease
the same after twenty days public notice to the
person or persons who will offer the most for the
said canal for twelve months.
SEC A. lie 1ttt1ther enacted, etc., That all pro-
-posals for the lease of the said canal shall he
accompanied by the names of the sureties and
the amount OF security required shall not be for
. an amount less than one years rent; and the les
see shall be bound to keep the canal in good order
and to comply with all the obligations to the State
and to the public, required of the Canal and Ronk
ing Company by its charter for the working and
preservation of said canal, under the penalty of
forfeiture of the lease, for the violation of tba
same.
SEC s.. Be it further enacted etc., That the
Governor is hereby authorized and required to take
Immediately after the fifth day of March 1866 such
proper and legal steps may be necessary to re- |
cover from the Canal and Banking COMPANY anv
claim which the State may have against said com. |
: pany, under the provisions of its charter.
Sec. 6. Be it further enacted, etc., That this
act take effect from and after its passage.
(signed) ~ DUNCAN s. CAGE, .ws !
,.. Speaker Of the House of Representatives. |
(Signed) ALBERT VOORHEES,,
Lieutenant Governor and President of the Senate,
Approved December 10, 1865. 5.ss..
(Sgned) J. MADISON WELLS,
Governor of the State of Louisiana, |
true copy:
J. H. HARDY,
Secretary of State
GEO. III. yINTEN- .-..- ..-. .t
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