The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-10-01

pest due. shall be liable on his official bend TO the
city Of Jefferson for al taxes which may not at
the time Of passing the act have been paid, to-
gether with the accumulated interests and coats !;
and the mayor Of the city Of Jefferson shah re-
cord no act of sale which shall not certify to the
fact that all taxes due the city Of Jefferson for
| the preceding hve years have been paid, or the
fact Of payment shall be shown by the certificate
of the treasurer of the city of Jefferson that there
remain no taxes due or unpaid upon the property,
the title to which Is sought to be recorded, under
| Ike penalty. - : 4 -
SEC. 10. BE Il Jcrtler enacted, etc, That when.
ever the mayor land council shall be DESTROYS Of
| opening, strengthening, widening, or extending
any street, sidewalk, or public place should it
become necessary for such purpose. to expropri.
ate or use any property belonging to indyiduais,
| II shall pursue the following course:
Frst-shall cause public notice TO be given in
| the city journal for one month Of the nature of
| the proposed improvements and in one news
| paper In the city of New Orleans.
eecond-lt shall then by petition, annexing at
least three copies of the newspaper in which said
notice was inserted, and q plat of survey made
by the city surveyor, under direction of the
council, of the property proposed to be expro-
priated, addressed to the district court REQUEST.
ing the appointment of three disinterested per-
sons competent jurors in said district which said
commissioners shall be appointed by the court
and sworn by the clerk Of the court to faithfully
discharge the duties of their appointment. -
Third-said commissioners shall, as soon after
their appointment as practicable, repair to the
place Of the contemplated appropriation, and
make an assessment and valuation of the pro-
pretty, part Of which Is thus sought TO be thus
appropriated as also the lots, lands, and premises
adjacent thereto, giving their full cash value as
they are and wonld be, without the contemplated
Improvement being made, the actual cash value
of the lots, land, and premises as they would be
we're the improvements actually made, and show
ing on tabieau Of their assessments by the
difference between the two assessments the
actual loss and damages to be sustained or actual
benefits and advantages to be received by the
several owners OF property contained 10 their
asses which report, dated and signed By
court and file with the clerk on or before the day
fixed for that purpose by the court, in the order
appointing them.
given Of the fling Of this report Of the commits
sioners, in the official journal of the city and 10
one newspaper in the city of New Orleans, calling
upon all persons interested TO show cause why
said report should not be homologated and made
the basis OF Judgment, expropristng the lands,
etc., to the public use.
Fifth-That on due proof of said publication the
Court shall homologate the report, 80 far as not
approved, and enter up Judgment decreeing the
appropriation of the lands, ETC., prayed for, and
for such sum for and against the city, or the vari
GUS individuals, as the case may be- which aid re-
port may call for, with eight per cent. interest
thereon from the date OF judgment.
Sixth-That should there be any oppostions to
said report as to the amounts allowed or exacted,
no other opposition is TO be allowed, the court
shall fix time for the hearing of said opposition
at as early day SIS practicable, and shall try the
same in summary manner, and without the in.
Prevention of jury. The judgment of homologa-
ton, and on the oppositions, to be subject to ap.
peais TO the Supreme Court in all cases whore the
amount In dispute is appealabe. The trial Of said
appeals being entitled to preference over all
other cases, except those in which the State is
party.
Seventh-That the amount decreed to be paid
h. a., ne&~ Ill l.
the city shall take possession OF the property ex.
propriated, and the amount due to the city shall
bear mortgages and lien upon the property upon
which it was assessed.
SEC. i'll. BE al further enacted, etc., That in
all proceedings in courts, such as writs Of seqies
tration or inJunctons, or in appeals, the corpora
ton Is dispensed from giving security, and on aft
davit OF the mayor that the interest Of the city
requires it, shall be entitled to have all cases fixed
by preference in the inferior courts as well in
the Supreme Court over all other cases. except
those in which the State is a party.
SIC. IL. BE further enacted, ETC., That the
city shall cause plan book Of all the squares of
the city TO be made, on which shall appear the
Subdivision of each square into lots with the d.
mensions Of all lots, squares, streets and BAN
quotes, and the angle at each corner of each |
square, as at present divided as well as the pres
ent owner or owners of each lot and square, wh,h
plan book shall be kept deposited in the city sur |
veyors office. and no new sub division of square
shall be considered lawful, unless the same shall |
proved by the city council and been entered on |
the book of plans; the mayor of the city is pro- |
hibited from recording any sale made after the /
completion of said plan book, of any property |
within the limits OF the city of Jefferson in which
any other ub.dvision shall appear than that au /
thorized BY said book Of plans, under penalty |
OF one hundred dollars for each violation of this /
section, TO be collected In any court of competent
jurisdiction, for the benefit of the city. And in /
order 10 this the certificate of the surveyor shall
lie given in every required case that the acts of /
ale correspond with the divisions and sub.d soos
as shown on the book Of plans approx ed and on fe
In his office; and the mayor OF the city of Jefferson
l. hereby required to report to the city surveyor,
within fortyeight hours after the recording Of an
act, every transfer recorded by him of property
within the limit of the corporation, under a pen.
atty Of five dollars for each days delay which
transfer shall be entered by the city surveyor in
the margin of the book of plans, on the oppo-
site page of the plan book of the square in which
The property so transferred is situated. The fees
Of the mayor of the parish for such certificate ia
liked at twenty-five cents for each transfer.
SEC. 13. Be IL further enacted, etc., That the
act approved March s, 1867, entitled an act in-
cooperating the city of Jefferson and all acts
imendatory or supplemental thereto. and all acts |
Ind parts OF acts inconsistent with contrary to
.he provisions of this act are hereby repealed
kEc. IA. BE IL further enacted, etc., That this
lct shall take effect from and after its passage.
(Signed) CHAs. W. lowell
Speaker of the House of Representatives.
(Signed) OSCAR J. DUNN,
Governor and President of the Senate
Approved September IL, 1868.
tSigned) 81. C. wARMorH,
Governor of the State of Louisiana.
GEO. E. BovEE,