New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-08-15

isiana by the taking and using of such lands
| and material for the use Of said company as
I aforesaid, shall be assessed and paid for by
| said company, as provided in this act.
Eighth-To construct and maintain its
| said railrdad or any part of the same,
and to have the right of way there
for across or along or upon any
waters, water course, river, lake, bay, in
let, street, highway, turnpike, or canal
within the State of Louisiana which tine
| course of said railroad may intersect touch,
or cross, provided the said company shall
preserve any water course, street. highway,
turnpike, or canal which its said railroad
nay SO pass upon, along, lnterseCt, touch,
or cross, SO AS not to impair its usefulness
to the public unnecessarily; or if Temporal
rlly impaired in and during the cOnstruc-
tion oil said railroad, the said company shall
restore the same TO its former state, or to
such a state that its usefulness and conven-
ience to the public shall not be unnecessa-
rlly impaired, or materially impaired or in.
jured; and 1t is also provided that said
company is authorized and empowered to
construct and maintain its said railroad over
and across the waters ofthe State OF Louisi.
ana, known as the Pass Chef Ment.ur, Little
Rigolet Great Rgolet, or that part of Lake
Pontchartrain east of the west line of Point
aux Herbs, and the West Pearl river, and
other streams and bayous between Lake
Pontchartrain and Pearl river, and Pearl
river by bridges; provided, however, that
in the channel of that part of Lake Pont-
chartrain hereinbefore named there shall
be constructed and maintained by said com
pany draWbrldge, which, when open,
shall give a clear space for the passage of
vessels OF not less than one hundred feet III
width; and in the channel of the Pearl river
the SAID company shall construct aud main
tain draw bridge, which, when open, shall
give clear space for the passage of vessels
| OF not lessthan sixty feet in width, except
| in case the company shall locate their road
across the Great Rigolet at point south of
(or below the principal entrance of Pearl
river into the Great Rigolet. when the COM
pany shall only be required to construct one
draw bridge, which shall be in the channel
| of the Great Rlgolet, as hereinbefore
| named; and said company, after the
construction of the said drawbridges or
drawbridge, shall at all times thereafter
provide that said draw bridges or drawbridge
shall be opened for the passage of any and
| all vessels seeking to pass through the same,
without unnecessary delay. 1t Is also pro-
vided that such part of this section as re
| lates tn Pearl river, ii the line OF the road
shall be located across the said river at q
point where 1t constitutes the boundary line
| between the State OF Louisiana aud the
state Of Mississippi, shall not take effect
until the State of Mississippi has consented
| to, and authorized the same, or said COM
pauy has built such n bridge across said
| Pearl river for its said railroad as shall be
| in accordance with lis section, and also
with any authority oT power granted to said
| company by the State of Mississippi in the
premises; and such drawbriige may be built
| in the centre OF the channei of sand Pearl
river, or IN that portion OF the same within
| the territory of the State OF Mississippi or of
| this State, as most convenient Tor pubic
| use.
| Ninth-That the said Company is hereby
| l. m phtaip hu
| grant or otherwise, from any Incorporated
city or village within the State Of Louisiana
that may be situated upon its railroad, any
rights, privileges, or franchises that any of
| said Incorporated cities or villages may
choose to grant i'll reference TO the ConstruC.
tion maintenance, and management of the
railroad of said Company, its depots, cars
locomotives, and its business within the
limits o, such, or any of said incorporated
cities and villages; and any such iuCorpOra-
| ted city or village as herein before named
| is hereby authorized and empowered to
| grant to said Company any such rights,
| privileges, and franchises rs it may deem
proper and advisable; aud such rights,
privileges, and franehiges when granted to
| and accepted by said Company from
any such Incorporated city or vii
| lage, shall be deemed and taken rs rights,
privileges, and franchises vested aud con-
| tirmed in said company, and not liable to
impaired except with the consent of said
company, and the rights, privileges, and
franchises which have been heretofore
granted to said company by the city of New
| Orleans are hereby recognized, approved,
| aud vested and confirmed IN said company,
subject to all the benefits and provisions Of
this act.
SEC .. Be it further enacted, etc, That
said company, being hereby authorized to
| purchase, receive, and hold such real estate
| as may be neCe sary and convenient in ac-
complishing the object for which said com.
pany is organized, it may, by its agents,
| surveyors, engineers, and servants, enter
| upon all lands and tenements through which
| it may conclude to make such railroads and
| survey, lay out, and construct the same,
and may agree and contract for the land or
| right of way, with the owners Of the land
through which it intends to make said
roads. In case said lands belong to the es,
| tate of any deceased persons, then with the
| executor or administrator of such; or in
| case of the same belonging to minor, or q
person non cOnlp0s mentiS, then with his or
| her GUARDIAN or IN case said lands be held
| by trustees of school sections, or other trus-
| tees OF estates, then with such trustees. And
| said executors, administrators, guardians,
aud trustees, are hereby declared competent
for such estate, person. or minor, to con-
| tract with said company to use, occupy, and
| possess the lands OF such estates, persons,
minors, or trustees, so far as may be useful
or necessary for the purposes OF said rail.
road ant the act and need OF such eyeeu-
utor5, administrators, guardians, or trustees
| in relation thereto. shall pase title in such
| lands in the same manner as If the
| said deed or act was made or done by
a legal owner, of full age and sound
mind; and such executor, administrator,
guardian, or trustee shall account to
/ those Interested in their respective bonds
! for a ApnpnOf naid him in Of
such agreement and composition; and If the
said company aud the parties representing
lands prefer, they may refer the question of
compensation to arbitratoFs, mutually
chosen, whose award, or that of their um.
pres tin case of disagreement), shall vest
title according to its terms.
SEC. A. Be it further enacted, ETC., That
If said company is unable to agree tor the
purchase Of any real estate, or the right of
way thereupon, or any estate therein re-
quired for the use and purposes of said
company, as provided in the preceding sec
tion, or is unable to obtain the title or right
of way therein, it shall have the right to
acquire title of the same in the following
manner: The said company may apply to
the District Court ef the parish in which
the land-the title wherein is sought-is
situated for the appointment of commissions
ers of appeal, at any ygeneral or special term,
or to any judge thereof in vacation; such
/ application shall be made in writing and
signed by the president or one of the di
( rectors Of said company, or by an agent or
attorney of said company authorized for
that purpose, and substantially set forth and
state:
/ FiFst--Itmust be entitled 80 as to describe
the court wherein or the judge to whom the
application is made, and the character of
the application.
secdnd-The name andsoflcial character