New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-05-01
~ o. DO
AN ACT
To provide for draining and retaining
swamp lands in the parish of Iberia.


To provide for draining and retaining
swamp lands in the parish of Iberia.
SECTION l. Be it enacted by the Senate
and House of Representatives of the State
of Louisiana in General Assembly con-
vened, That for the purpose of carrying into
effect the provisions of this act, the Gov
ernor is hereby authorized to appoint a
board of commissioners, consisting of three
persons, residents of the parish of Iberia,
who shall be known as drainage commits
siOners for said parish.
SEC. 2. Be it further enacted, etc. That
the said board of commissioners are hereby
invested with all the rights and powers
necessary to thoroughly complete the drain
age of the Grand Marie, in said parish of
Iberia, and to that end shall have the right,
at all times, of entering on the lands Gov
cred by said Grand Marie, and such lands
as may be necessary to furnish proper drain
age of the lands to be reclaimed, and Of
placing thereon machinery, and of freely
passing over and using the same, and Of
digging all necessary canals and drains,
making all necessary embankments and
leVees, and of doing all things which may
be useful or necessary in draining the said
Grand Marie; provided, sufficient levees be
made TO protect the owners of lands through
which the canal or canals are to pass.
SEC. 3. Be it further enacted, etc, That
right to contract for the work necessary to
be done under this act according to plans
and specifications TO be furnished them by
the State engineers, whose duty IL shall be
Immediately after the passage of this act
to cause an accurate survey TO be made Of
the work necessary to carry out the pro
visions of this act, and shall furnish to said
board of commissioners complete plans and
sDeciticatiOns of the work necessary to
/ FL, yrl,1 Irai ha
SEC. 4. Be it further enacted, etc, That
said board of commissioners shall have the
right to proceed, and are hereby empowered
to drain the said Grand Marie, and they
shall cause a plan thereof to be made, ac-
curately designating the lands to be draint d
and the names of the prOprletors. Such
plan or plans shall be deposited in the office
of the recorder of mortgages of the parish
of Iberia and notice shall be inserted il
one newspaper published in said parish,
once each week during four weeks in sue
cessiOn, announcing that such board of com
missioners will proceed to drain said
Grand Marie, describing the place where
the plan thereof is deposited, and the
probable cost of the work. After such
publication, provided the mortgages
rest ONLY on the land known as the Grand
Maras, said board of commissioners shall
apply bv petition to the district court of
said parish of Iberia, which court, upon due
proof being made of the publication OF sald
notices aforesaid, shall decree that each
portion OF the property situated within the
limits of the property to be drained, and all
property to be benefited by said drainage,
designated on the plan made by said board
of commissioners, is subjected TO first
mortgage lien and privilege in favor Of said
board of commissioners for such amount as
may be assessed upon such property for its
proportion of the costs of draining said
Grand Marie, and interest thereon at eight
per cent per annum from demand thereof;
the decree of the district court shall be re-
corded in the office of the recorder Of mort
cages in said parish, and a certified copy Of
the aforesaid plan shall be deposited IN SAID
Office for the information of the recorder.
Said recorder shall be entitled to ten dollars
for the recording of said decree and the
deposit of said plan; and in case he
be required by said board of com
missioners to record the said decree
in the name of any or all of the prOprietOrs
of real property designated on said plan,
he shall he entitled to receive fifty cents
for such special recording; and whenever
the recorder may be required to deliver a
certificate of mortgages on any real prop
ertv embraced within said plan, as desig-
mated by said board of commissioners, each
recorder shall mention therein that such
Droperty is subject to a lien, privilege and
first mortgage in favor Of the board Of com
missioners of said parish for such sum of
money as may be assessed on property
for tile drainage thereof. Said lien, PRIV
lege and first mortgage shall take prece-
dance over all mortgages, liens and PRIV
leges whatsoever, whether conventional,
legal or judicial, and shall attach to said
propertv until the amount assessed and the
interest thereon shall have been paid IN
full.
SEC. 5. BE it further enacted, etc, That
said board of commissioners shall have the
right. and are hereby authorized and EN-
powered, to levy such uniform assessment
or assessments upon the lands Denented
nv tile drainage Of said Grand Marie, to de-
frav the construction of the canals, IeVeeF
machinery and other works necessary Tor
the purpose of carrying out the provisions
of this act which shall be collected as the
wants of such board OF commissioners may
require: rto+
on nen-navment of the amount Of the assess
ment made by said board OF commissioners
Indictment thereof shall be recoverable be
fore the district court, and the lands so as
sessed shall be sold according to law. Such
assessment shall be sued for by the follow
inc mode of proceeding, to wit: As soon as
! any assessment has been made, and notice
| thereof shall have been given, a copy
Z
thereof shall be filed in the district court of
said parish, in which tableau OF assessment
thus to be filed the property assessed shall
be set forth, together with the amount as
sessed and the names Of the owners thereof,
if known; and if the owners names are not
known, then it shall be stated IN said as
sess1nent roll that the property assessed be
longs to owners unknown; that petition
shall be filed with said assessment roll pray
ing for an order that all persons whom Il
may t6hcern do show cause within thirty
days from the first publication of said or,
der, if any they have, why said assessment
roll shall not be approved and hom0I9gate4i
that said order thus rendered shall be pub
lished at least once each week for -four
weeks in ope newspaper published in SAID
parish, and after said publication the said
court shall, on motion Of the counsel of sale
board of commissioners, approve and no
mOlogate said assessment rolls, which shall
be a judgment against the property as
sessed, and the owners thereof, on which
execution may issue as on Judgment rem
! dered in the ordinary mode Of proceedings