New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-06-07
No 30.
AN ACT

| To provide for draining apd reelaiming
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 bet, 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 Bowers
| necessary to thoroughly complete the drain
| age of the Grand Marie, an said parish of
Iberia, and to that end shall have the right,
at all times, OF entering on the lands COW
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. entertainments 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. 8. Be it further enacted, etc., That
said board of commissioners shall have the
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 it 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
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 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
M8rais, 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 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 a 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 properly 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
erty embraced within said plan as desig-
mated by said board Of commissioners, each
recorder shall mention therein that such
property 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 such property
Tor the drainage thereof Said lien, privi-
ege and first mortgage shall take prece-
lence over all mortgages, liens and priv
eges whatsoever, whether conventional
egal or judicial, and shall attach to said
until the amount assessed and the
interest thereon shall have been paid in
ull.
SEC. 5. Be it further enacted etc, That
laid board Of commissioners shall have the |
light, and are hereby authorized and en- |
covered, to levy such uniform assessment !
II assessments upon the lands benefited |
" the drainage Of said Grand Marie, to de !
ray the construction of the canals, levees, |
and other works necessary for |
he purpose of carrying out the provisions |
# this act, which shall be collected as the |
wants of such board Of commissioners may
eqUire.
SEC 6. Be it further enacted, etc, That |
n nen-payment of the amount Of the assess
aent made by said board of commissioners
thereof shall be recoverable be
ore the district court, and the lands so as
essed shall be sold according to law. Such
ssessment shall be sued for by the follow
lg mode Of proceeding to wit As soon as
ny assessment has been made, and notice
hereof shall have been given, a copy
hereof shall be filed in the district court Of
aid parish, in which tableau of assessment
hus TO be filed the property assessed shall
e set forth, together with the amount as
essed and the names of the owners thereof,
known; and if the owners names are not
-nown then it shall be stated in said as
roll that the property assessed be- !
ongs 10 owners unknown; that a petition
hall be fled with said assessment roll pray
lg for an order that all persons whom it
lay concern do show cause within thirty
avs from the first publication of said or
er, if any they have, why said assessment
oil shall not be approved and homologated;
hat said order thus rendered shall be pub
shed at Least once each week for four |