New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-29

and that they will PROCEED to collect
the same at the expiration OF Sixty
days after they shall have filed said plat OF
plats in the Office of the Recorder OF Mort"
cages, and each portion of the property SIT
uated within the limits of such sectic >, shall
be subject to first mortgage, lien and priv
ilege in favor of said company for the
amount thus assessed, and six per centum
per aEnum for demand thereof Said lien,
| privilege and first mortgage shall take prece-
| dence over all mortgages, liens and privileges
whatsoever, whether tacit, conventional,
legal or judicial, and shall attach to said
| property until the amount assessed and the
| interest thereon shall! have been paid in full,
and said company shall proceed to collect
| such assessment at the expiration of sixty
| days after they shall have filed said plat or
plats in the office Of the Recorder of Mort
| cages, and said company shall Ia like man
| ner proceed to assess and collect like tax
/ on all lands situated within said draining
| districts, on which said boards of drainage
| commissioners have not heretofore COM
I pleted such assessments. The expenses OF
said company incurred in making the sfore-
| said assessments shall be paid II the same
manner as herein provided for paying the
| expenses Of said company in constructing
| drainage canals and machines.
| SEC. s. Be it further enacted, ETC., That
| the title to all lands, whe,Thler legal OF
| equitable, held by the said commissioners of
| the draining districts or belonging to said
! draining districts, shall pass to ana be vested
| in said company, and at such time as they
| shall deem best shall be by them sold at pub
! lie auction to the highest bidder, after as
| least thirty days previous notice in at least
one daily De wspaper published in the city of
New Orleans, and the proceeds OF such sales,
alter paying the expenses thereof, shall De
deposited by said Company with the State
Treasurer to the credit Of the aforesaid
drainage fund
SEC WV [9. ! Be further enacted, etc.,
That said company shall also construct sac
s'anlal bridges across said canal at all points
where it crosses shell roads and streets or
other railways constructed prior TO the
passage Of this act, provided that the num-
Der OF such bridges shall not exceed I'VE
in all.
SEC. TO- Be it further enacted, etc, That
when said company shall have collected all
the money arising from the aforesaid drain
age tax, assessed for the purpose CT leveeing,
draining and retaining the swamp lands of
said draining districts, and shall have ex-
pended the same in the construction of the
aforesaid protection leyee, drainage cans ls,
bridges and drainage machines, and IN
maintaining and operating the same, accrd-
ing to the provisions Of this act, thereupon
said company shall make full and nnal
settlement of all their accounts with the
drainage, and shall turn over to him all
drainage canals, except the New Orleans
and Snip Island Canal or any part thereof,
or any Of its branches, basins or harbors,
and shall also turn over to him all ievees,
except those on the banks OF the said New
Orleans and Ship Island Canal and it's
branches. basins and harbOrs, together with
all draining machines, engines, buildings,
maps, plans, tableAux, books, credits, deeds,
mortgages and all other evidences of title 20
real estate pertaining 10 or relating TO the
business Of drainage.
SEC. II. Be it further enacted, etc, Tina:
said company is hereby authorized and en-.
powered, and may, by its agents, surveyors,
engineers and employees, enter upon au
lands and tenements through which they
may conclude to make the canals and levees
provided Tor in this act, and forever eypro-
pirate the same for such purposes, IN the
same manner as provided in the act constj-
tutGg the charter of said company, ap-
proved October fourth, one thousand eight
hundred and sixty eight, for laying OUT,
locating and constructing the New Orleans
s1d Ship Island Canal.
Sec. II. Be it further enacted, etc, Tina.
said company shall have the exclusive right
TO construct and maintain a shell Or
otherwise parCe-road OH said levee. and 10
collect tolls for the use of the same, and
shall also have the exclusive right to coz
struct, equip, own, maintain and operate
horse lori pneumatic railway thereon.
SEC 13. Be it further enacted. ETC., That
said company shall keep full and accurate
account Of all its transactions relating 70
the business of drainage, and make 8 con-
else aud complete report of the same 70 the
State Auditor Oh the first day of January OF
each year
SEC. Il. Be il further enacted, ETC., Thst
the office Of Comm issiener of Drainage ia
hereby abolished, and all property and
rights acquired by said Commissioner of
Drainage, under and by virtue of the pro7l-
sions Of the aforesaid act. passed March
second, one Thousand eight hundred and
six,y-nine, shall be turned over to and are
hereby. vested III said company, including
all such as are involved In the suits now
pending IN the courts OF this State.
Sec. 10. Be it further enacted, etc., That
when said company shall have excavated
the New Orleans and Snip Island Canal one
hundred and fifty feet wide at the top, aud
one hundred feet wide at the bottom. and
twelve feet deep. measuring from the mean
level OF Lake Pontchartrain, commencing
within the corporate limits of the city OF
New Orleans, at point to be selected by
said company, to Ship Island. upon appics.-
ton OF the President of said company, the
State engineer, or any one of the engineers
of the Board of Public Works. shall examine
said excavation, and report thereon to the
Governor and State Treasurer in writing:
and IN case that his report shows that said
excavation has been made in accordance
with the requirements of this act, the Gov
ernor shall, upon the receipt of the certiti-
cate or report Of said engineer that said
canal has been completed. as herein pro-
vlded, shall issue his patent to said company
Tor four hundred thousand acres OF land, to
be selected by said company out OF sny
lands belonging to the State, provided said
company shall have previously notified the
Governor that they have selected the lands,
ana shall have filed description Of tue
same in the State Land Office, with the ne
cessary plats.
SEC IL. Be 1t further enacted, etc. Tha.
said company shall construct said New Or
leans and Ship island Canal on the route
that they shall deem the most practicable
within the Limits prescribed in this act and
the Charter OF said company; and may ex-
cavate the same through any lake or oayou
on such route, including any portion of LsKe
Pontchartrain; provided. however, that said
company shall not have the right to charge
or collect any toll on any vessel navigating
that portion OF the canal eXcavated through
the naVlgaDle waters OF said lake.
SEC II. Be it further enacted, etc, That
said company shall have the right to enter
upon any of the public lands of the State,
and select from the same, in accordance
with the survey made by the United States
Government. an amount of land not exceed
ing i've hundred thousand acres; and upon
said company filing plats of the same. with
q legal description of each subdivision, with
an accompanying statement in writing tina.
The same have been selected to be reserved
for said company until they shall be signed
by the President of said company, to WHICH
shall be affixed the seal of the same, ssld
lands so selected shall be Withdrawn trolA