The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-12-04

another market was made 1t s57 900. but the ord
nance approving the adjudication was vetoed b
Mayor Heath, and the veto sustained By the cour
Gil. subsequently committee of the counc
met Mr.. Soule, the representative of the claiman
10 this case. with view to a compromise, but be
fore anything definite was concluded the counc
was removed by military authority We hav
learned, however, that Mr.. Soule was willing I
compromise the suit for $l2O 900, while the com
mittee were willing to allow 100000. and Mayo
Heath maintained that SIS 900 was sufficient. Tn,
decisions Of the courts do not touch upon tn
amount Of damages sustained by the claimants b.
the occupancy by The city of their property, apt
that matter is left open for settlement By com
promi se or by further litigation.
But in view of the fact that il would he iniudi
cious to remove the Drysses Market, and unjus
TO the property holders in the neighborhood of the
market who purchased said property on account
OF Its value, lying contiguous to said market
ana as the ground in controversy is lbs feet deep
les than half OF which Is occupied BY the resent
market building, and as the market accommoda.
tons could be doubled on this property at much
smaller expense than another market could be
erected at any other point, and the city of New
orleans is not nov in q condition to undertake
any Improvements that will REQUIRE an immedate
outlay OF money, and as the continuance of tira.
uon would In our opinion subject the city to the
payment OF much heavier damages than can be
now PAID Dy compromise, we recommend that the
city should offer to the representatives of the
heirs OF Livaudais and others, lease of the col
Lection OF revenues of the Dryades Market for the
Term OF eight years as full extinguishment of
tne title OF said heirs and settlement in full Of
all claims of said heirs against the CITY of New
Orleans in and to the property in question. and
commended.
IA Respectfully submitted,
,.-r,--.. THos. R. BRADY,
The accompanying resolution was read:
hat
hereby authorized to enter into contract with the
legal representatives. of the heirs of Liyaudsis
and others, plaintiffs In suit against the CITY of
New Orleans for the collection of the revenues of
tne Diysoes Market, for the term of eight years.
commencing on the LIST day of January, 1863, with
the following conditions, viz:
FIRST. The said legal representatives of the
heirs of Livaudais ana others are to keep in per.
rect repair the market house, stalls, benches,
tables, etc., In and about the market, and TO re.
turn the same at the termination of the lease in
the same order and condition (wear and tear ex.
cePted) as at the commencement of the lease.
second. The said heirs of Livaudais and others
,neI legal representatives shall, at the time Of
entering into this contract sell and convey to the
city0f New Orleans q full and complete title to
the Dryades Market and to all the ground adioin.
ing thereto, which was included In the Judgment
rendered by the Supreme Court in the case of
neHs OF Livaudais and others vs.. city of New Or
leans, renouncing all claims against said city fos
any damages sustained BIZ s.ia pi.intaif In virtue
Of said oiei. or judgment, and shall give bond In
the sum Of twenty thousand dollars for the faith.
full performance of their contract for KEEPING in
Of their lease.
The president decided there could be no debate
on the first reading. An appeal from this deci.
sion was lost.
The yeas and nays being called on the adoption
Of the resolution on its first reading, it was lost
Dy the following tie vote:
Yeas-President Markey and Messrs. BoguiIle.
Brady and Shields.
Nsys-Messrs. Kaiser, Pessou, Poynot and |
orados-4.
Mr.. Poynot having voted on the successful side |
ave notice that he would, at next meeting. move
o reconsider the vote.
The following was received:
COMMITTEE OF STREETS AND LANDINGS
l1 Board of Aldermen, |
City Hall, Dec. /, 1865.
o the Honorable the Board Of Aldermen:
Genuemen-Your committee have the honor TO
eport upon the following subject referred to
hem, viz:
!. Upon the resolution sent from the Assistant
Iideimen for concurrence, that the surveyor be
nd be is hereby authorized to have the wharyes
nd levees repaired in the Third District, your
ommlttee report that the necessity for immediate
epairs exists also in the First Second and Fourth
istricts, and unless steps are taken for the pre.
enuon OF the slidAg Of the banks Of the river
I'd settling OF wharves in all the districts, il will
'rlously inconvenience commerce and increase
re cost OF repairs, we therefore report facorably
y substitute.
PETER KAISER, Chairman.
THos. II. SHIELDS,
LIS. PEssoU,
LUDGER BoGUILLE.
The accompanying resolution:
Resotced, That the city surveyor be and he ia
re6y authorized to have the wharves and leyees
the First, Second, Third and Fourth Districts ,
1t in perfect repair and condition.
Was adopted on first reading. I
Mr.. Poynot moved to amend by including the
Vees of Milneburg. This amendment was {
opted by the following vote:
Yeas-President Marley, and Messrs. Boguille.
ady, Kaiser, Poynot and Prados-6. o
Nays-Messrs. Pessou and Shields.
On motion, the rules were suspended that Mr..
user might move at present to reconsider the
te just taken.
That motion was then put and carried. F
The resolution was read second time nm.
lended, the rules being suspended, and adopted 81
animously. -)
On motion, adjourned.
W. B. LANCASTER Secretary. al