New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1867-06-11
NEW ORLEANS REPUBLICAN, TUESDAY, JUNE Ii, 1867.


hundred feet each SIDE of the line of tsrail-
road unless greater width be required for the pur-
lands or premises that may be necessary and proper
Tor turnous standing places for cars depots station
constructions and working of said road And the said
company shall nave the right TO cut and remove trees
its road bed, though standing OF being more than
two hundred feet from the line of said road. And in
case the owner of such lands or premise. 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 or 70 be taken, Tor
the of said road the value thereof shall be deter
edby the appraisal of three disint ested commits
slOner5, who may be appointed upon application by
either party any record in any OF the Ter
ritories in which the lands premises to be taken
lie; and said commissioners, in their assessment OF
damages, shall apprase such premises at wha. won
have been the value thereof if the road had not been
built And up return into court OF such appraise-
ment and upo- the pay ment into the same OF the
timaed value of the premises ken for the use and
deemed to be ta,en by said company which shall
thereby acquire full title to the same for the pur
at said appraisement may within thirty days after
the same has been returned into court file an appeal
mate the damage sustained: but such appeal shall
not interfere with the rights said company to en-
ter upon the premises taken or to do any act eees
sary proper in the construction OF its road And
said party appealing shall give bonds, with sufficient
surety sureties for the payment OF any cost that
may arise upon such appeal and in the party
appealing does not obtain verdict more favorable,
appellee, as well as his own, and the payment into
court for the of the owner of said premises
be held to vest in said company the title of said land
and OF the right ts and occupy the same for the
road. And in case any of the lands to he taken as
aforesaid shall be held by an infant femme covert,
out the Territory thin which the lands to be taken
he 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 or suretes
Tor the proper and faih tul execution of his trust
and WHO may represent in court the person di5quai
fed as aforesaid, from appea ing, when the same
rar1ra I'M gha hn had N tn y n
prasement OF the premises to be taken for the use OF
said company, and with the same effect as has been
already described: and the title of the company to
lands taken by virtue of this act shall not be Affected
impaired by of any failure by any guardian
to discharge faithfully bis trust. And IN any
party shall have claim TO any land for term OF
version remainder, the value Of any such estate
less than a fee simple, snail be estimated and
And in case 1t snail be necessary for The company
enter upon any lands which are unoccupied and Of
when there Is n apparent owner OF claimant, ~ may
said railroad and may institute proceedings IN man
ner described Tor the purpose OF aseertalnlng the
value of, and of acquiring ii title to, tue same; bu'
the judge of the court hearing said suit shall de
owner or owners and he may in his discretion ap
point agent guardian to rcprese mt such owner
or owners IN case Of nus or lheir ncapaci or non
within six years from the time OF the opening Of
sSa r9sa a amy , be barred 10
SEC. g. And be II tort -er enacted, That each and
and gwen to and accepted by said Atiantic and Pa.
citc Railroad Company upon and sIbJect to the fol
lowing conditions namely; Ihat tine sad company
years from the approval OF this act by tne President
the second year, and shall construct, equip,
furnish, and complete the main line OF the whole
road by the fourth day of July, ammo Donin eighteen
hundred and seventy eight.
Size 9. And be it further enacted, That the United
States make the several conditional grants herein.
ami that the said Atlantic and Pacific Railroad
Company accept the same, upon the further eondi-
conditions
for upwards of one year, then in such case at any
ali acts and things which may be needfu and neces,
sary to insure speedy completion of the said road.
of the United states shall have the reht to subscribe
TO the stock OF the Atlantic and Pacific Railroad
Of INCORPORATION Is taken up by complying with the
SEC H. And be il further enacted, That said At
Rntc aud Pacific railroad airy part thereof, shall
be post route and military road, subject the
OF the United States for postal military naval and
all other government service, and also subject to
such regulations Congress may impose restricting
SEC II And De it further enacted That the &C.
Of this act by the said At antic and Pacific Railroad
Company shall be sgnifed in writing under she cor.
porate seal of SAID company duly executed pursuant
TO the direction of its board of directors first had
and obtained. which acceptance shall be made with
in two after the passage OF TINS act. and not
afterwards and sha be de posted in the Office of the
Secretary of the Interior
SEC. i3 And be it further enacted That the di.
rectors of said company shall make and publish an
annual report OF their proceedings and expenditures
verified BY the afidavits of the president and at
deposited in the Office Of said Secretary OF the In
terror, and they shall, from time to time fix, de
be received and paid for transportation of persons
and property on sand road, or any part thereof.
SEC H. And be it further enacted, That the di
rectors chosen in pursuance of the first section OF
this act shall, soon may be after their election
president; and said board Of directors shall from
time 10 time AMI so soon as may be after their cleo
their Offices at the will and pleasure of the board OF
directors. The treasurer and secretary fsha give
such bonds with such security as the said board
from time to time may require. The secretary shall
before entering upon his duty be sworn TO this faith
full discharge hereof. and SAID oath shall be made a
matter of record upon the books of said corpora
ton, No person shall be director of said company
unless he shall be steekholder and qualified to vote
for directors at the election at which ne shall be
| chosen.
SEC. Is. And be it further enacted, That the pres
dent. vice president, and directors shall hold theii
Offices for the period indicated in the bylaws of said
and until others are Chose in their place snd
qualified. In case it shall happen that an election
By the bylaws Of said Company. the corpopatioS
shall not for that excuse be deemed be dissolved
by q G 4
of whom seven, including the president shall be q
rules and regulations as they snail deem needfu
and proper touching the disposition and manage
msnt OF the stock, property. es ate, and effects o.
the company the transfer Of share@ the duties ant
election and meeting Of the directors, and al
matters whatsoever which may sppertsin to thu
directors may have full power to fill any vacancy OF
vacancies that may occur from any cause or causes
board Of directors shall have power TO appoint suct
engineers, agents, and subordinates as may from
ject Of the company, and to do all acts and thing
touching the location and construction of said road
SEC; is And be it further enacted. That it shall b
lawful for the directors of sand company TO requir
payment of the sum of ten per centum cash assess
scribers and the balance thereof at such times AM
in such proportions and on such conditions As the
shall deem be necessary TO complete the said
and telegraph lines within the time in this pre-
seribed Sixty days pre- sOus notice shall be given
the payments required, aud of the time and plac
of payment, by publishing notice once week il
one daily newspaper in each Of the cities Of Boston
Nashville, and in case any stockhoider shall neglec
or refuse To- pay. in pursuance Of such notice, tn
iuteiy 70 the use Of The COMPANY and also any pas
men or payments that shall have been made on a
board Of directors may allow the redemption on sue
terms as they may prescribe.
company is authorized to accept to It's own use an
grant, donation, loan, power, franchise, aid. Al
SAID company By the Congress Of the US tee State
by the legislature Of any State. or by any oorpor,
nation through whose reservation the road herei
provided for may pass: and said corporation is At
snS or m
use for the purpose Aforesaid: Provided That an
Indian ss or q Be
the approval Of the President Of the United State
SEQ Is And be il further enacted, That th
Southern Pacific railroad. a company incorporate
under the laws OF the stats of Uaifornia Is hereh
| authorized to connect with the said Atlantic an
| Pacific railroad. formed under this act. at sue
point. near the boundary line Of the State Of Cal
forniA. they deem most suitable for q railroad lin
TO Ban Francisco, and shall have q uniform gaus
consideration thereof, to aid in its construction
shall have similar grants OF land subject to all ii
conditions and limitations herein provided. 40
sha II be required to construct its road the lii
| regulations as 10 time and manner with the A
iantic and Pacific railroad herein provided for.