New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1867-06-12

and working of said read not exceeding in width
one hundred feet on each side of the line Of its rai
pose OF excavation embankment; and also any
lands or premises that may be necessary and proper
houses or any other other Structures REQUIRED in The
construction and working Of said road. And the said
and other material that might BY falling encua bel
ITS road bed, though standing or being more than
two hundred feet from the line OF said road. And in
case the owner of such lands prems - and the
SAID company cannot agree as to the value of the
premises and the said company cannot agree as to
the value of the premises taken, to be taken, fol
the use of said road the value thereof shall be deter
sioners, who may be appointed upon spplicatio by
ener party TO any court OF record in any of the Ter
lie and said commissioners in their assessment Of
damages shall appraise such premises at what won
have been the value thereof If the road had been
built And upon return into court Of such appraise-
ment, and upon the payment into the same of the
o Sae es AK aEen oT the gse
deemed to be ia en- by said company, which shall
thereby acquire full title the same for the pur:
poses aforesaid. And either party feeling aggreyed
the same has been returned into court file appeal
therefrom and demand jury of twelve men to esti-
mate the damage sustained; but such appeal shall
not interfere with the rights said company to en-
sary aud proper in the construction Of its road And
said party appealing shall give bonds, with sufficient
surety or sureties the payment Of cost that
may arise upon such appeal and in case the party
appealing does not obtain verdict more favorable,
appellee, as well as his own, and the payment into
court, for the use of the owner of said premises
be held to vest in said pany the title of said land
and of the right to and occupy the same for the
road. And in case any Of the lands to be taken as
aforesaid shall be held by an infant, femme covert,
or 70 e TAKEN
lie, persons subjected to any legal disability the
court may appoint guard an for any party under
any disqualification to appear in proper person who
shall give bonds, with sufficient surety sureties,
tor the proper and faithful execution of his trust
In ba
lied, as aforesaid, from appea ing, when the same
proceedings shall be had in. reference to the ap.
said company, and with the same effect as has been
already described; and the title Of the company to
impaired by of any failure by any guardian
to discharge faithfully bis trust And in case any
years, or any interest therein, in possession re.
version, remainder, the value of any such estate
less than fee simple, shall be estimated and
determined in the manner hereinbetore set forth
And in it shall be necessary for the company to
enter upon any lands which are unoccupied and OF
which there is apparent or claimant, it may
proceed to take and the for the purposes of
ner described for the purpose Of ascertaining the
value OF, and 81 acquiring title 70, the same bu
terInine the kinds Of notice to be served on such
owner or owners, and he may in his discretion APP
point an agent or guardian e represent such sner
appearance But in case no claimant shall appear
within six years from the time Of the opening of
said road aero g any land: all claims to damages
against said company shall be barred
SEC. g. And be 1t fnItcer enacted, That each ard
every grant, right, and privilege herein SO made
and gwen 10 and accepted by said Atlantic and Pa
citc Railroad Company upon and subject to the fol-
shall commence the work on said road within two
from the approval of this act by the President
and shall complete not less than fifty miles per year
after the second year, and shall construct equip,
furnish, and complete the main line OF the whole
hundred and seventy eight.
. SEC 3. And be 1T further enacted, That the United
and that the said Atlantic and Pacific Railroad
Company accept the same, upon the further condi-
ton that II the said company make any breach Of the
for upwards of one year then in such case at any
time hereafter, the United States may. do any and
all acts and things which may be needfu and neoes
sary to insure speedy completion of the said road
SEC 70. And be it further enacted That all people
to the stock of the Atlantic and Pacific Railroad
Company. until the whole capital named in this act
Of ls taken up by complying with the
SEC. IL. And be it further enacted, That said At
be post route and military road subject 10 the use
Of the United States for postal military naval and
such regulations Congress may impose restricting
the charges for such government transportation.
ceptance Of the terms. conditions, and impostions
1f this act by the said At antc and Pacific Railroad
Smpany shsii De slgn,ed IN writing under the cor
10 the direction of its board of directors first had
and obtained which acceptance shall be made with
N two years after the passage of this act and not
and shall be deposited in the Office Of the
secretary OF the Interior.
SEC. ID And be it further enacted. That the di-
fectors of said company shall make and publish an
report OF their proceedings and expenditures
yerihed by the affidavils of the president and at
deposited in the ocs q said Secretary Of s te I Ge
termine and regulate the fares tolls and charges TO
be received and paid for transportation of persons
SEC. IA And be it further enacted That the di-
rectors chosen in pursuance Of the first section of
this act shall 50 soon may beafter their election
elect from their number president and vice
presidents and said board of directors shall. from
ton choose treasurer and secretary who shall hold
their offices at the will and pleasure Of the board Of
such bonds, with such security as the said board
rom time to time may require. The secretary shall
ul discharge thereof, and said oath shall be- made
natter OF record upon the books of said corpora
and To Soas
or directors at tie election at which he shall be
SEC ID. And be it further enacted, That the presi
lent vice president and directors shall hold their
ces for the period indicated in the bylaws Of said
qualified. In case it shai SO happen that an election
y the bylaws Of said company, the Corporation
hall not for that excuse be deemed to be dissolved,
Be- appointed bs % Ike aaS
y whom seven, including the president shall bs q
ull power to make and prescribe such bylaws
niss, and regulations as they snail deem needfui
NJ proper touching tns disposition and manage
os s q the q duties
lection and meeting of the drsctors' ana All al
onoerns 81 said company and TIC said board i Of
rom time 70 time ID their said board And the said
nsnssrs asents and . a. %s1 suSn
lme % time be necessary to carry into effect the OBJ
ouching the location and constructon 81 ssid rns
SEC. IL And b it further enacted That il sha he
aysnt the sum q ten Der csntHm cssb ssssss
csns upon AZ H. srSbscripticns received Of all sab
2 such proportions anden such Conditions Is thew
nd & II ss &c The said road
crbed Sixty days nous notice. bs aHs
he payments required, aud Of the time and place
= payment, by Publishing notice once week ia
Jew York, Cincinnati. 81 Louis, Memphis and
nashville, and in case any stockhoider shsii neglect
such sSs II b nsn :b the
utsly 70 the use q shs company. and also any pay
cunt thereof. subject 70 the condition thai the
osrd Of directors may allow the redemption on such
SEC Il si sasss; enacted That the said
ompany is authorized 70 acoept to iis own use sny
Which may Be- srsnt:d 70 or eonis.r Cd cn
sid company BY tns Congress Of the U6itsG States,
5ns Ss sssis q q any Sts 2.
aticn through whose rsservstion the road herein
70 .pS 1s ss sasS
~ pasgc:s Fso;dsa fhss any any
som any inelsn tribe Of nation shall b. subject 70
hxo- - And Be It furtaer enacted. That the |
oqtns5n fsclno rsilread. company Incorporated |
lth9rized Y connect with the aid Atlantic and |
s ri rsaFesq. fosmed under this aot 81 such
,rna g they deem naost guitsbe for railroad line
3an trencisoo, and shall have : uniform gauge |
nd rate q Freight or fare With said road and m
thereof, to aid IN It's CONTRADICTION
PAL have similar erents Of land. subject to eli the
onoitions And Limitations herein provided and
~ q required 70 construct its road on the Ike
sguiatsons, as to time and manner. with the AZ |