Rapides gazette. (Alexandria, La.) 1869-187?, 1873-05-31

therefore, issue aid mandamus: provided,
that said judge may An he discretion, ap-
point special cCn,nziasionor with full BOW.
er 10 do and perform such msttce on Hins.
and to comply With the .reQuirsueots u
such provision Of this act, and the sosieos
and proceeding ofPald commissioner in ths
premises shall ha 70 the came validity and
3orce a. If they had been done and perform
by said ofncer.
Sec. .. BE il further enacted, ETC., That
section one of act No. n, of the session Of
the General Assembly Of 1871, approved
February ~, I'LL, and entitled Tan oct
ratifying and confirming contract BE-
tween the Louisiana Levee Company and
the State of Louisiana" said act being in
words as follows, viz:
Section l. Be it enacted by the Senate
and House of Representatives Of the State
of Louisiana in General Assembly conven.
cd, That all the provisions of . contract
entered into between the Louisiana Levee
Company, party OF the first part, and the
| Governor Of the State of Louisiana, party
ratified and confirmed, the Aforesaid con-
| tract being in terms Is follows, to-wit:
United States of America, State Of Lousi-
ana, City of New Orleans.-Before me,
Pierre Charles Cuvellier, notary public In
and for the city and parish Of Orleans, du-
| " commissioned and sworn in the presence
Of the witnessed Hereinafter named and
undersigned, personally came and appear
| ed M. A Bryson, John n. B0fnger, J. Z.
Clark, John j. Anderson, George r. sher.
man, F. X. Barbot, A. g. Bxice, Charles z.
| Howard, John A. Morris, A. d. bAnks, H.
G. Millaudon, F. G. Remicl, u. A. south.
worth, H. 7; Burges, Durant DarGnse .nd
Michael Hahn, herein representing the
Louisiana Levee Company, . body corpo-
rate established under the laws Of this
State by an act dated the eleventh OF Feb
| ruary, 1871, In this Office, the said Louisi-
ana Levee Company being the party here
to of the first part, and Henry Clay war
moth, Governor OF the State Of Louisiana,
In his said capacity, party hereto Of tho se-
cond part, who severally declared ~ FOL
lows: Whereas = bill has passed both
houses of the General Assembly Of the State
Of Louisiana, under the title Of IAN act re-
latiye to the Louisians Levee Company, .
corporation organized under the general
\ laws of this State, constituting 1t body
polite and corporate, with certain powers,
4 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 pa
ties of the iRrst part will be required to &C.
cept the terms, conditions and stipulattops
of said act of the General Assembly after II
becomes law, before the same viii BE-
come binding on the said parties Of tho
| first part.
And whereas certain notifications of and
, additions to said act and contract are advi-
sable and have been agreed on between tho
4 parties hereto of the first and second parte,
and 1t is desirable that such notifications
! and additions be clearly defined and stipu-
: lated between the parties Aforesaid before
the bill or act aforesaid shall become q law ,
: with view that after the said 20, IL sign
/ | Ell and is accepted by the parties Of the first
, part the said notifications and additions
: Shall be embodied in an act Of the General
, Assembly, to aid 10 doing which tho par
l ties ereto Of the first and Of the second
: part, and each subscriber individually
/ shall give his earnest aid, with the under
Q standing that should, for any cause what
!; ever, the bin embodying said notifications
q and additions fail to become Law, never
h theless the parties of this act agree and
!. bind themselves that said notifications and
o additions "a stipulated and set forth In this
!. act shall be forever obligatory aud biuding
: upon the said parties OF the first part, IN
i less released thercfrom by tho said party OF
. the second part. Therefore, tic following
r are stipulated and agreed TO as the modin-
j. cations and additions hercilbciorc mention
I ed and referred to,yi2: erv- srcf-
: kirst-The commission Of ngineers to b,
y appointed under the authority of article
o one, section two, Of the foresaid act Of the
: General Assembly shall be required TO lin,
a il the amount Of leyees 10 BE- constructed
Q as required by their report, 40 that they
T: shall not exceed fifteen million cubit srs,s
n nor tho total amount collected tor the con
d structiOn fund ever exceed nine huudfeC
" thousand dollars annually,
r. Second-Article three of the second sec
ic ton of said act shall be 30 construed thai
4. no greater rights or privileges shall h
is granted to, said company, party of the, frs
E. part empowering them to take privst,
a property, for the purpose of right Of way
e. and the construction or extension of les e
v. than have been exercised by the State. %
q. IRISH or municipal authorities heretofore
nt for tho like purposes according to law.
b Thirti-The power 10 mortgages or pledgs
se according to article eight of said sectiol
10 two of said act, or according to any othe
n provision of said act shall only extend Z
id the fund known as the construction fund
IN and at no time shall the company, part
hereto of the first part, sell or dispose Q
n bonds for the payment of which said cor
~ struction fund 10 mortgaged or pledged
he an amount exceeding the value Of th
oe work done by more than FIVE hundred thor
to sand dollars, xnd that the Auditor of Pull
id lie Accounts and the State Treasurer aha
Of not register bonds of the company exceed
no ing at any time by more than five hundre
&c thousvnd dollars Of the amount Of wor
RS done.
m Fourth-A commission to consist Of thrt
all persons, one to be appointed by the Cove
nd nor, ono to BIO appointed by the board
,r- directors Of the company, party hereto
of the first part, and one to be appointed
he. the President of the United States (and
Of the event Of tho last appointment fail.r
he TO be made, then the other two shall ac
nv who. with ths Chief Engineer Of the Sta,
he shall inspect all work performed BY Il
tn company, and make monthly reports Their
L. of to the Governor Of the State said con
ne mission shall also on the first day Of eac
ds month or Oftsier if desired en- demand
u the president Of the company, inspect q
tie work performed for which no certi6cs
n = = A. A.