The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-11
OFFICIAL.
LAWS OF THE STATE OF LOUISIANA.
PUBLISHED BY AUTHORITY.
EXTRA SESSION OF 1877.
AN ACT
No. 13o. |

constituting ID bUdy pqAtlo anu corporate,
with certain powers privileges and franchises,
and contracting with the said corporation for
the constructions maintenance and repairs OF
certain lBvees. and providing the compensa-
ton therefor approved February twenty,
eighteen hundred aud seventy ON; also to
repeal act number forty three OF the acts OF
eighteen hundred and seventy-three. entitled
IAN act to amend and re-enaot section num-
Der two of an ACT relative to the Louisiana
Iievee Company, corporate ion organized
under the general laws OF The State, eonsti-
tuting it q body polite and corporate, with
certain powers, privileges and franchises.
and contracting with said corporation for the
construction, maintenance and repairs OF
etrtain levees, and providing for compenBa-
ton thereof" approved February twenty.
eighteen hundred and seventy one; and also
to amend and re-enacb section one OF an act
entitled IAN act ratifying aud confirming con-
tract between the Louisiana Levee Company
and the Governor OF the state of louisiana
approved February twenty weight, one thou
sand eighteen hundred and eeventy-one,
providing for the acceptance by said Levee
COMPANY, and authorizing and requiring
yearly estimate OF evees to he built redue
ing the eompen alton thereof from sixty to
fifty cents per cubic yard and providing for
converting timber work Into earth work; pro-
Uiaed, that this repeal OF said aos shall not
Affect the taxes imposed thereby, and leaving
oil sections of said acts regulating the assess
ment and collection OF such taxes in full force
aud effect; authorizing the Louisiana Levee
Company TO sue the Sta g under certain
restrictions. and to provide for the settlement
and liquidation Of such judgments as shall be
rendered against the state Ii the suit insti-
tuted by said company should result adverse
Is TO the State; appropriating one third OF the
levee tax of one thousand eight hundred
and seventy seven, or go much OF this appro-
priation as may be necessary to pay such
Judgment as said Lousiena Levee Company
shall obtain for levee work done in The year
one thousand eight hundred aaa seventy
seven, by anticipating the revenues OF one
thousand elght hundred and seventy
seven, coleeube in one Thousand eight
hundred seventy eight: and providing for
suit to forfeit the cJarter OF said company in
the event OF non acceptance OF the terms
hereof. and furbidaing the payment OF any
tax collected in the future in the event of said
non acceptance.
SECTION |. Be il enacted blythe Senate and House
of Representatives Of The Stute Of Louisiana. in
General Assembly conueted, lint act number
four OF the acts ofune thousand light hundred aud
seventy-une. entitled ian act relative to the
Louisiana I,eves Company, corporation organ
lied under the general laws OF the State, con.
shutting it body corporate and polite, with Ger
tain powers, privileges and franchises, aud con-
tracing with said corporation for the copstruc-
ton, maintenance and repairs OF the levees, and
providing the compensation therefor" approved
February twentieth one thousand eight hundred
and seventy one, be and the same Is hereby re-
pealed.
sre q. Be il further enacted, ETC., That act
No, 43, Of the acts OF one thousand eight hun
dred and seventy three, enli led IAN act TO
amend and re.enaot section two of act
relativs to the Louisiana Leyee Company, q cor
poration organized under the general laws OF
tho State, constituting it body corporate and
politie with certain powers privileges AMI fran
ehises and contracting with said corporation for
the construction, maintenance and repairs of
certain levees. and providing for compensation
thereof" approved February twentieth, ono thou
sand eight hundred and seyenty-one, and also TO
amend section | of hu act entitled IAN act
ratifying and confirming q contract betwe en- the
Louisiana Levee Company and The Governor CT
the State OF Louisiana, approved February TWEEN
weight, one thousand eight hundred aud sew
enty -one, providing for tue acceptance by said
Levee Company and authorizing aud requiring q
yearly estimate Of the levees TO be built, reduce
ing the oompens ,tion therefor fr IN Six y to fifty
cents per cubic yard, and providing for com
muting timber work into earth work, be and the
same Ia hereby repealed.
SEA 3. Be il further enacted, etc, That the
repeal OF the acts aforesaid shall in wise inter
fere with the assessment and collection OF taxes
as authorized and required by the provisions OF
said acts but all taxes 30 assessed heretofore,
and the levee tax of eighteen hundred and
seventy-seven. oollecabe in eighteen hun
bred and seventy eight, shall be collected
accord ng to the provisions OF this aof, and shall
be disposed of as is hereinafter provided, that
no tax except the levee tax of eighteen hundrt
and seventy.seven shall hereafter be assessed Oh
collected under the provisions of said acts.
SEQ. 4. Be ii further enacted, ete,, THAI
tho Louisiana Levee Company, corporation ore.
ated under the general laws OF tho State, by act
passed before L. Charles Cuvelier, notary pub
lie on the eleventh day OF November, eighteen
hundred and seventy-one, and recognized as 8
body polite and corporate by oct number four o.
the acts Of eighteen hundred and seventy one, BIZ
and tho Same is hereby authorized tt
bring suit against the State Of Louis
ana for any cause OF action it may have
against the State growing out of the c,nstruo.
ton, maintenance or repairs OF any levees con
structgd, maintained or repaired by said com
pany; said suit to be Instituted in any court 0
| competent jurtdio ion in the city OF New Or
leans, end to be tried by preference.
Sec. 5. Be il further enacted, etc That nothinl
in this act shall be construed to waive any of the
defenses Of the State TO the suit herein authorized
| to be instituted it being the true intent o.
this act to refer to the court for decision and sd
Indication under existing laws the entire subjec
! matter of the controversy between the State o
Louisiana and the Louisiana Levee Company
growing out OF the alleged contract made unde
| the provisions OF act number four Of the act o
| one thousand eight hundred and seventy-oue ap
proved February twenty, one thousand eight hun
dred and seventy. one. and act number forty-thre
OF the acts Of enc thousand eight hundred and sew
| enty three, approved March six, one thousan
eight hundred and seventy three, and all aott
| amendatory thereto, and nothing nlOreoye
herein shall be construed as affecting any lega
right of said Levee Company for the purpose Q
said suit, except any rights claimed by them I'm
der tho provisions of act number twenty four Q
the acts 70 one thousand eight hundred and Soy
enty five which ehall be considered in said eui
as now existing, null and void, and no claim /
favor of said company shall be considered a
flowing from said act, or any certificates pre-
| sented Hereunder.
Sec. 6. Be ii further enacted etc., That in th
event Judgment should be rendered against tn
State OF Louisiana in favor of said Louisian
Levee Company, the same shall be liqnidated I'D
paid IS follows, to wit: Ii such judgment shoul
decree that the State ia indebted to the Leve
Company for as much as eight hundred and thil
ty-three thousand three hundred and thirty thTe
33-10O dollars. or less for work done prior to th
first day of October, one Thousand eight hundre
and seventy-three. such Judgments, to the exter
OF the above amount, shall be paid by the Iss1
anee of consolidated bonds Of the Stats
under the provisions Of act number thre
of the acts Of one thousand eight hundre
and seventy-four; with interest coupons a
tached, making the bonds bear interest frol
the date of the acceptance by the Ievse Con
pany of the agreement proposed by this &C
and the Funding Board Of the State is hereby 81
| Il to lam aai1 bDn6s