New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-15
prsIIsHED BY AUTHORITY.
No. .t:s.
AN ACT

many, q corporation organized under the
General laws Of this State. cOnst!tutInSlt a
body petite and corporate. with certain
mowers, privileges and franchises. and
contracting with sand corporation iUr the
construction, maintenance and repairs OF
certain leyees, and providing for cOmpen
sation therefor. approved February ~,
1871; also. 20 amend and re-enact section
one Of an acS entitled IAN act ratItying
and confirming a contract between the
Louisiana Levee Company and the Gov
srnOr Of the State of Louisiana, approved
February %, 1871: providing for the &C
Ceptance y! said amendments by the Lou
isiana i.evce Company. ana authorizing
and recurring "A yearly Ultimate Oi IeVee7
10 be built; reducing the compensation
tleref0r from sixty 20 Hfty cents per
cubic yard. and providing for committing
timber york into earth work.
SECTIoS ]. Be il enacted by che Senate
and House of Representatives. Of the State
Louisiana in General Assembly convened,
that the second section of act No. OF the
session of 1871, approved February 20, lSII !,
and entitled IAN act relative TO the Louis
Iana Levee Company, a corporation organ
,Zed under the general laws OF this state
constituting it a body polite and corporate
with certain powers, privileges anu lld an
shises, and contracting with SAID colpoIa
zion for the construction, InalnOehance anu
repairs of certain levees, and proVldlng LOT
CONDENSATION therefor" said second section
If said act being in the following WORDS:
SEC. 9 Be it further enacted, etc, lnat
f,y The purpose of providing and MAINTAIN
,He proper and efficient levees throughout
All the norton OF the State watered by the
mississippi river and the rivers, streams
end bayOus cunning into ana from the
safae. and 30 protect the inhabitants IRON
L. .Ak N,
tracts and agrees With the said LOUISIANA
lpves Company III terms as follows:
l. That in order TO maintain uniform
and perfect system, The location and di-
tprn.ioas o? all ievees 60 be constructed,
maintained, repaired and kept III repair
and managed, shall be determined by
commission OF three engineers. to be ap-
r.ninted a. follows, 10 wit
One by the Governor OF the State OF
f.uuisiana, who is hereby authorized and
directed TO appoint said engineer within
thirty DAYS after the acceptance of the
terms of this act by the said company as
hereinafter provided one by the Louisiana
Igyta Company, and one by the govern
lnent of the United States. 1t shall be the
duty OF said commission, and they are
lrrsbv directed 20 determine the proper
location and dimensions of all levees TO be
cOpatructed, repaired or strengthened by
she said corporation, and the standard OF
dimensions to which they shall be main
Gained by said company, and to report the
came with maps and prOfiles thereof, and
sie humber Of cubic yards to be built in
the construction of new levees and in the
strengthening, snlarging and repairing the
lsvees now in existence, to the Secretary
Of War, the Governor of the State, and the
president Of said company, which report
fhaiI be made in sections OF five miles or
more of said levees.
ANY two members of said commission
shall be competent to do and perform the
duties hereby imposed upon the said com
mission, and their decision shall be sutfi-
c!snt and shall be accepted and taken as
and for the decision of said commission;
provided, that the neglect, failure or refusal
Of the government of the United States or
Of the Governor of this State TO appoint
member of said commission as aforesaid
shall not in any respect, lnvalidate or an
Eu! this agreement. and the said commits
eIon and the members of It, and each Of
thefno is vested with all and every power.
authority and right requisite and necessary
Ssr the discharge Of said duties.
-. That the said Louisiana Levee Com.
Patty for and in consideration of the com.
pefsation, benefits, rights and powers here.
Snaftef stated, shall take charge Of manage,
c0htSol, construct, maintain, repair and
keep in repairs, all the levees in this State
Cn ths Mississippi river, it's tributaries and
Outlsts. and sdch levees in the State of Ar
KANSAS as may be necessary to protect any
Sf the lands of this State from overflow by
the waters of the Mississippi or Arkansas
rivers: provided, however, that the consent
gf shs State of Arkansas be first had and
obtained to the building, constructing,
maintenance, management and repairing of
aaid 1evees in said last mentioned State
3. That for the purpose of carrying out
She provisions Of the precedent article, the
said Louisiana Levee Company is hereby
vested with the sole and exclusive custody,
enlargement and control of all the levees of
s his State for the period of twenty one years
from the day when this act shall take effect;
eaid corporations shall have full right and
authority, at all times, to enter upon and
occupy, as far as may be necessary, by
theiF surveyors or engineers, contractors,
agents and servants, together with all nee
gSsary carts, animals, tools, materials and
Equipments all such lands as may be neces-
aaty. and 20 remain as long as may be nee
essarF for the purpose of doing and per-
forming all and singular the matters and
shipgs required to be done and performed
IN and about the inspecting, building. CON
EtTuciion, maintenance, repairing or man
Hgement OF the levees as aforesaid and To
take free of cost, from said land, stone,
gravel, earth and timber, as the same [mayl
be- necessary for the purpose aforesaid with
sull fight of way and the right and power
so use and occupy % sufficient portion of
$and. without remuneration to the owner
or occupant thereof. for the purpose of To-
eating erecting, constructing, repairing
and extending said levees; and the said
corporation shall have all the rights pow
ers and prerJgatives with respect to the To-
cation, construction, maintenance and man.
g. cement of said levees, as are now vested by
saw in the State, parish or municipal authori-
sizes: provided, however, that said corpora.
zion shall have no power to lay, assess or i'm
pose any tax, impost, fine or penalty what
soeyGr, nor to compel the owner or occu-
pants of lands to construct or keep in repair
any levee or parts OF the same or 10 con
tribute to the same.
4. That said corporation shall within
sixty days from the receipt of the report of
said commission, commence the construc-
Sinn of said levees, and shall thereafter con-
struct not less than three million cubic
Sards per year, until said levees shall be
completed according TO the standard re-
quired by the report of said commission
-. That on and after the completion of
any ana all sections OF said levees said com.
pany shall maintain the same I'D to the |
standard dimensions required by the report
of said commission, and in the event of said |
failing or neglecting to do SO |
shall be liable in damages to any person or |
persons injured by reason of said neglect or |
saiures provided, that said corporation |
shall in no case be liable where such injury |
shall be caused by or said failure shall re- |
}ulS from acts of violence of men. the |
wrongful acts of individuals, the existence |
ef obstacles interposed by the courts, or the |
operation of causes over which said com. |
pary can have no control, or on account of |
!. he tisods rising above the standard height |
determined by said commission.
=. That sTithir thirty days after the re.
feipt OF the report Of said commission. the /
'Sovernor OF this State shall cause an est. l
NATE I" he shade of The cost of construct. |
ne or Comn letinn said leunns acnnrdinr "a |