New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-12-21

1872, Of the New Orleans Jackaon aud
Great Northern railroad 10 declared valid
| and binding on defendAots, Newell and
Alexander, surviving, truatees, the Illinois
Central rail- DAD creditor, and that there
has been . continuing default on the 2400
and all bonds remaining tn poseeesion OF
defendants or trustees be cancelled. De-
fendants to ray into court fog account of
| the trustees $500 203 IS due ON the mort.
gage, January 1877, or the property be
sold in front Of the Customhouse in bulk.
Holders IF majority Of the bonds may
purchase by sgent.
Messrs. Charles FRANKIE and e. Evaris5e
| Noise have been admitted to practice IN
all the courts of the State.
Superior District Court.
The following petition was filed:
| To the honorable the Judge Of the Superior Dis
'frct Court for the parish Of Orleans. Louis.
Hiram R. S.eel', Attorney General of tho
State Of Louisiana, acting herein az gnch.
institutes this suit for, on behalf and In the
| interest Of said State of Louisiana, agairs.
| the New Orleans Mechanics Society, body
corporate under the laws Of sid State and
domiciled in the city OF New Ofleant, and
with respect shows:
provisions of an act of the General As
eembly of the State of Louisiana, known
as act No. go, ito provide for the disposi-
ton of certain public property in the city
of New Orleans" approved March 81, A. D.
1850, the Governor Of said State did, on the
twentieth Of May, A. d. 1850. by authentic
act passed before Hilary B. Cenas, notary
public, in the city of New Orleans, transfer
and deliver to the said New Orleans Me-
Gho "a NJ
pancy forever. under certain conditions and
restrictions expressed in said act No. go
and in said authentic act, q certain portion
of ground on the square bounded BY Canal.
Bsronne, Common and Philippe streets, in
the city Of New Orleans, fronting seventy
feet on Phihppa. with depth Of $50 feet.
o. ia more accurately described in said act
transfer, certified copy of which is filed
herewith - part hereof, tegether with
copy of the original plan Of same. That
the consideration and conditions of the
transfer of the possession and occupancy of
said ground to and its acceptance by said
New Orleans Mechsnics' Society, as shown
BY section three Of said act No. go. were
ciety shah, Immediately altar the execution
Of the donstion begin, and within three
years thereafter, complete the construction
of brick or Stone building on said ground,
suitable for . library, lecture room, and
cabinet Of natural history or mechanical |
inventions, and the said society shall, -
soon a. said building is completed, estab.
ish and maintain . library for the use Of |
the mechanics Of Now Orleans, and an an
nual course OF lectures on. the physical |
fcieaces, and particularly those connected
With agriculture and the hechsnical arts." |
And section four of said act No. go. pre- |
vides further, as does also the aforesaid au.
thentfc act Of transfer: THAT If the said |
Mcdaniel Society ehsll fail to do and per.
form any Of the acts required Of it by this
act, then the land of which they are hereby |
given the possession and occupancy shall
be taken possession Of By the Governor on
beha alt of the State, and all the buildings
and improvements made thereon ehall be
forfeited for the use of the State"
Your petitioner shows further, that the
erected by said Mechanics s..
ciety, in pursuance of said acts, were
General Assembly 81 the State then passed
an act. No. l26, approved March IA. 1857,
80 900 to aid said society in
their edifce, under the same
condition and for the same purposes a. ex-
pressed in act No. go of 1850, with the ad-
ditioDal conditions that the new building,
TO aid in the construction of which said
sum was appropriated, should 'be kept
possible" and that the '1ibrary and cabinet
shall at all times be open and free to the
citizens of Louisisns," as 10 more fully set |
forth in said act No. l26 of 1857.
Now your petitioner alleges that said
New Orleans Mechanics Society has noto-
riously and totally failed since January 1,
1868, to do, perform and comply with the
acts and conditions set forth in and re:
CURED BY said act No. 270 Of 1850. said
aotarial act of transfer, and said act No.
l26 of 157. IN th,s, to Wit: It has fAiled-
FirSt-TO maintain D library for the use
and benefit of tbs mechanics of New Orleans
and Of the citizens of LoaisianA. l.
Secood-T0 maintain course Of lectures
n the physical sciences, and particularly
hose connected with sgricultnre and the
mechanical arts.
Third-To keep the building erected by
he aid of the money appropriated BY the
aforesaid oct No. 126 Of 1857 'constantly
insured to the largest amount possible" Is
equired and contemplated by said act.
Fourth-Ssid Mechanics' Society has
allied and neglected to carry out and com.
,ly with the objects and obligations Of it,
,harter.
For each and all of which reasons, your
petitioner alleges, the possession and use of
he aforedescribed lot of ground 90 donated
10 aforesaid, together with oil of the build
ngs and improven ents thereon and thereto
stand forfeited AID revert to the
,tate of Louisiana, under the provisions of
aid act No. go Of 1850, and according to
he conditions of the aforesaid act OF trans
or, and the, Governor Of the State Of Lou
siana 10 entitled to and should take imme-
late possession Of the same for the use and
,eneit of the State.
Petitioner further alleges that ct the in.
tance of A. Rochereau & Co. and the Fac
ors and Traders Insurance Company Of |
Jew Orleans, who claim to be creditors of
he said Mechanics Society. the charter Of
aid society having expired by Limitation
\. D. 1871, this honorable court appointed
N February Z, 1876, b f. Flanders liqui-
lator to settle the affairs of said eociety;
hat in subsequent proceedings against said
flanders, 90 appointed, the aforesaid credit
re-, 90 claiming, obtained Judgments against
aid B. F. Flanders, a. liquidator Of said
ooiety, for the aggregate sum Of $l5, 900,
ecognizing - valid . certain mortgage, and
the sale of the aforesaid prop
eason of said decree, the civil sheriff has
.dvertlsed the said property for sale ON
Isnuarss z, 1877, as shown BY copy of ad-
hereto annexed. Said property
. worth $l50,0o0.
Petitioner alleges that whatever rights
he said parties go claimipg may have
,gainst said property, and the State denies
ny and Ill rights claimed, they are subject
nd subservient to the prior, reserved and
vell known rights of the State of Louisiana
a the premises, and which can not be At
ected thereby. Ii
Bot petitioner denies oil and singlv and
tteriy repudiAtes any and all rights,
laims, mortgages and privileges 90 as
erted and claimed by A. Rochereau & Go.
nd said Factors and Trsders' Insurance
company, and holds said mortgage and
he notes il was given to secure held BY
aid parties. and the said iudgments 90 OBJ.