The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1871-04-15
ST. SATURDAY, APRIL 5

of the second part, are hereby accepted
ratified and confirmed, the aforesaid con-
tract being in terms as follows, to wit:
United States of Alnerica-State of Louis
lava. city of New Orleans:
Before me, Pierre Charles Cuvillier, no.
tary public in and for this city and parish
of Orleans, duly commissioned AID sworn,
and in the presence of the witnesses here
matter named and undersigned, personally
came and appeared NJ. 4. Bryson, John n
Bofnger, j. S. Clark, John J. Anderson,
George T. Sherman. F. X. Barbot, A. G
Brice, Charles I. Howard, John A. Morris,
A. ID. Banks, c. Milaudon. f. C. Remick,
NJ. a. Southworth, H. 7. Burgess, Dnrant
da Ponte, and Micha Hahn, herein repre-
senting the Louisiana T.evee Company, a
body corporate established under the laws
of this State by an act dated the eleventh
of February, 1871, in this office, the said
Louisiana Lev"e Company being the party
hereto OF the first part, and Henry Clay
Narnoth, governor of the State of Louis
lana, in his said capacity, party hereto OF
the second part, who severally declared
as follows:
WHEREAS, 4 bill has passed both houses
of the General Assembly of the State Of
Louisiana, under the title of "an act rela.
tive to the Louisiana Levee Company, a
corporation organized under the general
laws Of this State, constituting i, body
polite and corporate, with certain rowers,
privileges and franchises, and contracting
with said corporation" etc, which said
bill is now before the Governor of said
State for his approval;
And whereas, Said parties Of the first
part will be required to accept the terms,
conditions and stipuations of said act Of
the General Assembly af,er it becomes q
law, before the same will become binding
on the said parties If the first rart;
| And whereas, Certain notifications OF
and al itions to s id act and contract are
advisable, and have been agreed on be-
tween the parties hereto, Of the first and
second parts and it is desirable that snch
| modification and additions be clearly de-
fined and stipulated between the parties
aforesaid, before the bill or act aforesaid
shall become law, with view that after
the said act is signed, and is accepted by
the parties of the first part, the said modi-
! tications and additions shall be embodied
III an act of the General Assembly to aid
| j. doing which the parties hereto of the
first and Of the second part, and ,seach sub
scriber, individually give His earnest
aid, with the understanding that should,
| for any cause whatever, the bill embodying
said notifications and additions fail 10 be-
come law, nevertheless, the parties to
this act agree and bind themselves that
said modification. and additions as stipu-
lated and SIT forth in this act shall be for
ever obligatory and binding upon the said
parties of the first part, unless released
therefiom by the said party Of tire second
prt.
Therefore, the following are stipulated
and agreed to as the notifications and ad-
ditioi,s hereinbeforc mentioned and referred
to, viz:
FIRST The commission of engineers te
be appointed und,.r tn authority of article
one o., section two (2). Of the aforesaid
act of the General Assembly, shall "be re.
iured to limit the amount Of leVees to be
constructed As required by ;hcir report
so that they shall not exceed fitteet
| 5000, ,00O) millions cubic yards, nor the
total amount collected for the construction
fund ever exceed nine hundred thousand
$500, ,000J dollars annually.
Second-Article three 81 Of the SECOND
section of said act shall be SO construed
tha, no greater rights or privileges shal
be granted to said company, party OF the
first part. empow ering them to take pri-
vate property, for tn" purposes of right o
wav, and the construction or extension o
levees, than haze been exercised by thu
State, parish or municipal authorize:
heretofore, for the like purposes, according
to law.
Third--Thc power to mortgage o
pledge, according to article eight (s) o
said section two (2) Of said act, or, accord
ing to any other provision Of said act, shall
only extend to the fund known as TIL" con,
struction fund, and at no time shall tht
company, party hereto of the first part
sell or dispose Of bo IDS for the payment 0
which said construction fund is mprtgaget
or pledged, to an Amount exceeding tils
value Of the work done, by more than FIVE
hundred thousand $500, 1000 dollars, ane
that the Auditor of Public Accounts ans
the State Treasurer shall Ioi register boz d
of the company exceeding at any time, By
more thar five hundred thousand dollars
the am ,unt Of work done.
Fourth-A commission to consist o
three persohs-one to be appointed by th'
Governor; one to be appointed .by the boare
OF directors Of the company, party heret'
of the fist party, AID one to be appointed
by the President of the United ates; ant
in the event of this last appointment fail
ing to be made, then the other two shal
act who, with the Chief Engineer Of til,
State, shall inspect i'll work performed BY
he company, and make monthly report.
thereof t. the Governor Of the tate. Sale
commission shall also on the first day o
each month or oftener, if desired, on de-
rnand Of the president of the company, in
spect all work performed for which NJ
certificate has been issued, and certify L
the same, stating the an,ou thereof. aDt
shall del yer copy of said certificate I,
the Governor of the State. and ano,he
copy to The President Said commissioners
except one. appointed by the company
shall be pai.. by the State at the rate Of 81,
thonsand (s6000) dollars per annun.
Fifth--A commission Of one per cent OIL
the amount collected shall be allowed as
compensation to such officers on whom
4 shall devclve the collection of the take
imposed by he act of the General Assem-
bly, hsreiubefore referred to- to be deducted
and paid out of the funds of the company.
sixth-Instead of three millions Of cubi
yards of levce to be constructed by tn
said company annually, as provided ii
article four {4) section two {2l of said ACT
the said comrany shall undertake the sec
ond year, and annually thereafter, to con
str,,ct five million cnbic yards until sal
levee shall be completed to the standard re