New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-05-04

| 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
| specifications of the work necessary to
| thoroughly drain the said Grand Marie.
| 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 plan thereof to be made, ac-
| curately designating the lands to be drained
and the names of the proprietOrs. 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 in
one newspaper published in said parish,
once each week during four weeks il 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
Marais, said board of commissioners shall
apply by petition to the district court Of
said parish of iberia, which court, upon due
proof being made of the publication Of said
notices aforesaid, shall decree that each
portion Of the property situated within inc
limits Of the property to be drained, and all
DrOperty 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.
NAV be assessed upon such property tor 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 III 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 plaa; and IN case he
be required by said board OF com
missiOners to record the said decree
Ia the name of any or all of the prOprletors
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
certificate Of mortgages on any real prop
erty embraced within said plan, as desig-
mated by said board of commissioners, each
recorder shall mention therein that such
is subject to a lien, privilege and
first mortgage in favor of the board of com
of said parish, for such sum of
money as may be assessed on such property
for the drainage thereof. Said lien, priv
iege anu uESG mortgage Sudll bdh6 pICCo-
dence over all mortgages, liens and priVi-
leges whatsoever, whether conventional,
legal or judicial, and shall attach to said
property until the amount assessed and the
interest thereon shall have been paid IN
full.
SEC s. 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 benefited
by the drainage of said Grand Marie, to de-
fray the construction of the canals, levees,
and other works necessary for
the purpose of carrying out the provisions
of this act, which shall be collected as the
wants of such board Of commissioners may
require.
SEC. 6. Be it further enacted, ETC., That
On nen-payment of the amount of the assess
ment made by said board of commissioners,
Judgment thereof shall be recoverable be
fore the district court, and the lands so as
5essed shall be sold according to law. Such
shall be sued for by the follow
ing mode of proceeding, to wit As soon as
any assessment has been made, and notice
thereof shall have been given, a copy
thereof shall be filed in the district court Of
said parish, in which tableau Of sassessment
thus to be filed the property assessed shall
be set forth together with the amount as
'essed and the names Of the owners thereof,
/
known, then it shall be stated in said as
3essment roll that the property assessed be
ODgs to owners unknown; that petition
shall be filed with said assessment roll pray
ng for an order that all persons whom il
nav concern do show cause within thirty
lays from the first publication of said or
Ter, if any they have. why said assessment
oil shall not be approved and hOmOlOgated;
hat said order thus rendered shall be pub
ished at least once each week for four
weeks in one newspaper published in said
parish, and after said publication the said
'Ourt shall, on motion of the counsel of said
BOARD of commissioners, approve and no
nOiOgate said assessment rolls, which shall
Je a judgment against the property as
essed, and the owners thereof, on which
execution may issue as on Judgment rem
Tered in the ordinary mode of proceedings,
md the court shall, at the same time and in
he same judgment, order the delinquent
PARTIES to pay five per cent in addition to
he amount assessed to pay costs and cOun-
el fees.
SEC 7. Be it further enacted. etc, That
10 compensation shall be allowed to said
for their services, but they
hall have the right to appoint and employ
uCh officers and employees as they deem
proper. and fix their salaries and cOmpen-
alton.
SEC g. Be it further enacted, etc. That
uS ldhuS ICGIStluISu uuueE INC provisions OF
his act shall be exempt from taxation until
he year eighteen hundred and eighty-five
SEC. g. Be it further enacted, etc, That
his act shall take effect and be in force
rom and after its passage, and that all
avs or parts of laws contrary to or in any
wise conflicting with the provisions of this
ct be and the same are hereby repealed.
(Signed) o. II. BREWSTER,
Speaker of the House of Representatives..
(Signed) u, ID. y PINCHRACK
lieutenant Governor and President of the
Senate.
Approved April %, 1872
(Slgned) II G. WARMOTH
Governor OF the State of Louisiana.
A true copy:
+. j. HEBRON,
Secretary Of State.