New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1867-06-16


lands or premises that may be necessary aad proper
or turnous, standing places for depnt station
hoaas 'F any other other structures required the
con1tructioa and working of said road. And the said
company shhl nave tie right 10 cut and remove trees
us road ped, though standing or being than
two hundred feet from the line of SAID road Aud in
case the owner OF such landSor premises and the
said company cannot agree rs to the value of the
premises and the said company cannot agree as to
the of said road value thereof shall be deter
minedby the appraisal OF three commas
either party to any of record in any the Ter
ritones in which the lands or premises to be taken
damages, shall appraise such premises at what won
have been the value thereof the road had not been
built And upon return into court OF such Rpprase-
ment, and upon the payment into the OF the
imated value OF the premises taken foS the use and
deemed to be- Ia ca by SAID company. which shall
thereby acquire full title TO the sarae for the pur-
poses aforesaid And either party feeling agg rieved
at said appraisement may, within thirty days after
the same has been returned into court, tile appeal
mste the damage sustained; but such appeal shall
not interfere with the rights said company to
ter upon the premises taken 20 do any reces-
sary and proper in the construction OF its road And
said party appealing shall give bonds with sufficient
may arise upon such appeal and in the party
appealing does not obtain verdict more favorable,
such party shall pay the whole cost incurred by the
appellee, as well as his own. and the payment into
court for the use Of the owner Of said premises
taken, at sum equal to that finally awarded, shalt
be held 10 vest in said company the title OF said land
and OF the right TO use ard occupy the for the
construction, maintenance and operation OF said
road AND IN case any of the lands to be taken
aforesaid shall be held tT an infant, femme covert,
non compOs insane person. persons ing with
out the Territory " thin which the lands to be taken
lie persons subjected to any legal disability the
court may appoint guard an for any party under
any disqnailhcaton 70 appear in proper person who
Tor the proper and faithful execution Of his trust
and who may represent in court the person dIsqual
neo rs atore7aid rom appea lqg when the same
praisement OF the premises to be taken for the OF
said company, and with the same effect has been
described. 10 ~ he frn,a 70.
lands taken by virtue OF this act shall not be affected
or impaired n reason OF any iallure by any guardian
party shall have a claim to any land for term OF
version, OF reminder the value of any such estate
less than fee simple, shall be estimated and
determined in the manner herenbetore set forth
Ana in case 1t snail he necessary the company to
enter upon any lands which uhoccupied, and of
which there Is n app Mt owner or Claimant il NAV
proceed to take and use the for the purposes OF
sad railroad, and may institute proceedings IN
value Of, and of acquiring title to, the same bu'
the Judge OF the court hearing said suit shall de
owner owners. and he may in his discretion APP
point agent or guardian - represent such owner
appearance But in case claimant shall appear
within SIX y5ars from the time OF the opening of
sa fGe aid be to damages
SEC > And beat fuItser enacted, That each and
sn yq sSd anq P4ve ns nae
cine Railroad Company upon and beet TO the fol
shall commence the wofk on said road within two
years from the approval Of ths act by the President
and sh.l complete not less than fifty miles per year
after the second year, and shall construct, equip
furnish, aud complete the main lire of the whole
road by the fourth day of July ammo Donlni ghteen
hundred and seventy eight.
SEC. 9. And be 1t turher enacted, That the United
States make the several conditional grants herein.
ana that the said Atlantic and Pacific Railroad
Company accept the same, upon the further Cond
ton that If 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
al NJ f. md iA. A
sary to insure speedy completion of the said road
SEC. 10 And belt further enacted, That all people
OF the Unit ed States shall have the ght scribe
TO the stock OF the Atlaut'c and Pacific Railroad
Company until the whole capital named in this act
OF lncoru ora lou Is taken up by complying with the
terms of subscription.
SEC H. And BE ii further enacted, That said At
be post route and mIItary ROAD, subject TO he use
Of the United States for postal military, naval and
all other government ssrylce, and also sur jrCt to
sncn regulations Rs Congress may impose restricting
the charges tor such government transportation.
SEC, L. And be it. further enactef That the &c
ceptance of the terms, conditions and inposItions
OF this act blythe said A. ard Pacific Railroad
porao seal of sand company duly executed pursuant
TO the direction OF its board OF directors irst had
in two years after the passage OF this act and not
afterwards and shal be deposited in the office Of the
SEC, Is And be it further enacted That the d
Iectors of said company shall make and publish an
verified by the afidAyI;s OF the president and al
least six Of the directors, a copy OF which shall be
terror. and they shall from time to time, tiX de
termine and regulate the fares tolls and cha ges to
and property on said road, or any par thereof
SEC H. And be it further enacted, That the di-
rectors chosen in pursuance Of the inst section of
this act shall may be after their election
elect from their own number president and vice
tune to time and so soon may be after their cleo
ton, choose treasurer and secretary who shall hold
their offices at the viii and pleasure of the board OF
directors, The treasurer and secretary fshall give
such bonds with such security the said board
rnn 70 affau IA.
before entering upon hls duty, be to the faith
flu discharge hereof, and said oath shall be made
ton. No person shall be director OF said company
unless he shah be stoekholder and qualified TO vote
chosen,
SEC. l5 And be it further enacted, That the p7esi.
dent, vice president and directors shall hold their
offices tor the period indicated tne by laws of said
company, not exceeding three years respec lively,
qualified. In II shall happen that an election
Of directors shall not be made any day appointed
shall not for that be deemed to be dissolved
but such election may be holden any day which
shall be appointed by the direct rs The directors
OF whom seven, including the president shall b. n
quorum for the transaction of business shaft have
rules, and regulations as they snail deem ueedful
and proper touching the disposition and manage
the company the transfer Of snare. the duties and
conduct of their officers and servants touching the
election and meeting of the directors. and all
matters whatsoever which may appertain to the
concerns Of said co rpany; and the said board of
vacancies that may occur from any cause or causes
from time to time in their said board. And the said
board Of directors shall have power TO appoint such
engineers, agents, and subordnates as may from
time to time b. necessary carry into effect the oh
ect Of the company, and to do all acts and things
touching the location and construct on Of said ROAD
SIC lb And be it further enacted That it shah to
lawful Tor the directors of sAId company to require
payment OF the sum of ten per centum cash ASSESS
ment upon all subscriptions received o all sub
seribers and the balance thereof at such times and
in such proportions and on such conditions as they
shall deem be necessary to complete the said road
and telesra1h lines within the time in this act pre-
scribed Sixty days previous poticeshal be given OF
the payments required aud of the time and place
one oay newspaper in each Of the cities OF Roston
New York, Cincinnati, st. Louis, Memphis and
Nashvie and IN case any stockhoider shall neglect
or refuse 70 pay IN pursuance Of such notice, the
sto-S neid by such person shall be forfeited abso
meut or pay ments that shall have been made on &C.
count hereof subject to the condition tina the
board o. d.rec!or may allow the redemption on such
SEC. u And be i further enacted That the said
grant, donation, loan power, franchise, aid or as
slstanee which may be granted to or conferred on
by the legislature Of any State or by sny CORPORA
non, person or persons, or By any Indian tribe
provided for may pass; and said corporation is au
thorized TO ID and enjoy any such grant donation
use, for the purpose aioresaid Provided, That any
such grant or donation, power, aid, or assistance
lhe approval Of the President Of the United S,stes
SEC. 10. And be it further enacted, That the
ooulhern racine railroad, company incorporated
under the laws OF the state of California IL hereby
authorized 10 connect with the said Atlantic and
Pacific railroad formed under this act at such
point near the boundary line Of the State OF Cali
tornla, as they deem most suitable for railroad line
to San Francisco, and shall have a uniform gauge
and rate Of freight or fare with said road: and In
consideration thereof, to aid IN its construction,
shall have similar grants OF land subject to ali the
conditions and limitations herein provided. and
sha \ be required TO construct its road on the like
regulations. as TO time and manner with the At
lsnt'c and Pacific railroad herein provided for
SIC 70. And be it further enacted That unless
the said Atlantic and Pacific Railroad Company