New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-02-20

AN ACT TO AUTHORIZE THE LEASE OF THE NEW CANAL
''" SECTION |. Be u enacted By the Senate and
House of Representatives of the State Of Louisi
ana, in General Assembly oonuened, 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
appertaning thereto, or claimed by said company |
under said act of incorporation, and which, by |
virtue of said act reverts to the State the 5th
day of March, 1865, 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-
strucd 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. 2. BE ii further 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-
rpress Grove and Greenwood Cemeteries, towards
:, the canal, which is hereby reserved by the State
of Louisiana, for the use of the Fremen's Chart
able Association of the city of New Orleans, is
offered for lease as set forth in the first section of
this act, and to call for sealed proposals for the
lease of the same = Prouided, that the lessee
shall berequred 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 tho lessee, in three equal amounts, to
be deducted, one-third each year from the annual
rent that the repairs and improvements provided
by this section, shall be made subject to the appro
val of the stateEngneer; Provided further, that
it be made condition of the lease, that the lessee
shall permit the culverts receiving the waters
of the Second Drainage District to remain open.
SEC. 8. Be it 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 ap-
prevail to the Senate in Executive session for their
approval, and if approved by the Senate said
2 property shall be put in the form Of contract
between the State, represented by the Governor
and the lessee; Provided, hoareUer, 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, tina
upon the opening of such proposals, if the Coy
ernor and Senate shall decide that none of TIN
proposals are advantageous to the State, the Gov
ernor and Senate are hereby authorized and EN-
powered to readVertise the same for the space Q
thirty days in the newspapers the Governor ma
- select in the city of New Orleans And provide
still further, that in case the Governor is not sats
fed with the proposals to be received under til
second advertisement, he is hereby authorized an
empowered, if the Senate be adjourned, to leas
the same after twenty days public notice to tn
= person or persons who will offer the most for th
said canal for twelve months.
r= Sec. a.. BE Nfurther enacted, etc., That all pr,
s posals for the lease of the said canal shall b
accompanied by the names of the sureties, an
the amount of security required shall not be fl
e. an amount less than one years rent; ard the lie
see shall be bound to keep the canal in bood ordt
and to comply with all the obligations to the Stat
and to the public, required of the Canal and Banl
ing Company by its charter, for the working an
preservation of said canal, under the penalty
a forfeiture of the lease, for the violation of tt
same. .-..-. .-..--- s..- AZ 5sts ..95
Sec s. Be it further enacted, etc., That Il
Governor is hereby authorized and required to tai
Immediately after the fifth day of March, 1865, SUE
proper and legal steps as may be necessary to r
cover from the Canal and Banking Company al
claim which the State may have against said COZ
pany, under the provisions of its charter.
Sec. 6. Be it further enacted, etc., That th
act take effect from and after its passage.
FL (signed) DUNCAN 5. GAGE,
Speaker of the House of Representative
4r (Signed) ALBERT VookHlEs,
:. lieutenant Governor and President of the Senat
Approved December 10, 1865.
-. (Signed) J. MADISON WELLS,
Sa4sJ Governor of the State of Louisian