The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-09-24


tic city turveyor Of New Orleans; and wheneve
the said company shall find il necessary TO cove
The channel Of any drain, the sides th4eof shall
be first protected with bricks or wood in good and
substantial manner, and such covered channe
shall be Kept IN repair open and clear for the pas
sage OF water by said company and the said par
OF said railroad shall be so constructed and main
tanned as not in any manner unnecessarily impair
the usefulness Of any streets, or impede the traffic
| thereon.
Third-To construct and build, and thereafter tc
| OWE, maintain, manage. and use, by running there
on its engines, cars and trains OF cars, railroad
with one or more tracks and suitable turnouts
| upon such course route as may be deemed by
! majority of the directors of said company most
proper, expedient, or necessary, and best adapted
| for the public accommodation, and most for the
| interest Of said company, from its terminus, as
hereinbefore designated, on or near the leyee in
the city Of New Orleans In the State of Louisi.
ana, toward and to any point on the line between
| the State OF Louisiana and the State of Texas
PToUided, however, that the part of the said rail
| road within the corporate limits of the city of
New Orleans shall be located and built upou and
along the levee, or upon and along street or
s ss nsat tne ievee, unless otherwise author
yea py the municipal council of the said city of
New orleans. And provided further, that the
crossing OF the Mississippi river unless otherwise
authorized hereafter, shall be by means of ferry.
Doa. oI suitable construction for the transfer of
en- gines, cars, and trains Of cars.
Fourth-To construct, establish, or purchase in
the ciate OF Louisiana, and thereafter to own
MAINTAIN, and use suitable wharves, PIERS ware
houses, stes mooats, harbors, depots, stations and
other works and appurtensnces connected with
and Incidental to said railroad and the business of
said company, and by the directors of said COM
pany deemed necessary and expedient for said
company TO own or manage.
Fifth-To take, transport carry and convey
persons and property upon its said railroads and
lis boats, by power of steam or any other
power, and TO receive for the same such tolls and
charges as shall be established by the directors of
. sixth-To obtain and receive by purchase.
grant, gift, devise and bequest, and to have and
TO hold real and personal estate in the State of
Louisiana for the objects, purposes and business
OF said company and TO the extent provided and set
1orh IN It's said act OF incorporation and in this
act, excepting that in the taking and holding of
lands for the use of said company, as lands taken
obtain the same as in this act provided.
Seventh-To lay out Its said railroads and to
construct the same not exceeding two hundred
feet in width upon any lands of the State of Lou.
itlana, and to take, hold and use for the purpose
OF necessary depots, stations, cuttings turnouts,
and for obtaining stone, gravel, earth and tim.
per for the construction of its said railroad any
lands Of the State Of Louisiana lying along or adj
Jacent to the route or course of said railroad that
may De necessary for the construction, mainte-
nance and security of said railroad PrOuided
h01rere'. that any and all damages that may be
occasloned or that may arise to any person. COR
poraton or association other than the State of
LOUISIANA, by the taking and using Of such lands
and material for the use Of said company as afore.
said, shall be assessed and paid for BY said COM
psDy, as provided in This act.
Eghth-To construct and maintain its said rail.
road, OF any part Of the same, and to have the
right Of way therefor across or along or upon
any waters water course, river, lake, bay, inlet,
street, highway, turnpike or canal within the
State OF Louisiana which the course Of said rail.
road may intersect, touch or cross Provided,
The said company shall preserve any water
course, street, highway, turnpike or canal which
10 said railroad may so pass upon, along, inter-
sect, touch or cross so as not to impair its use.
luiness to the public unnecessarily; or, if tenn
peiaIiiy impaired in and during the construction
d said railroad, the company shall restore the |
ame to its former state or to such state that |
Is usefulness and convenience to the public /
ball not be unnecessarily impaired or materially
mp pared or injured; And ats also ITOuided That
aid company is authorized and empowered 10
construct and maintain its said railroad over ana
cross the waters of the State of Louisiana known
e the Pass Chef Menteur, Little Rigolet, Great
ag3iet, or mat part OF Lake Pontchartran east
y the west line of Point aux Herbs and the
vest Pearl river, and other streams and bayous
etween Lake Pontchartrain and Pearl river. and
earl river, by bridges: ProUided holCeuer. That
rain hereinbefore named there shall be con.
iructed and maintained by said company draw.
rioge which, when open, shall give a
lear space for the passage of vessels of
o. less than one hundred feet in width;
be said company shall construct and maintain a
rawbrldge, which, when open, shall give clear
pace for the passage of vessels, of not less than
KY ieet In width, except in case the company
Dali locate their road across the Great Rigolet at
point south of Tor below the principal en-
ance OF Pearl river into the Great River, when
he company shall only be required to construct
ne draWbrldge, which shall be in the channel Of
le Great Rgolet, as hereinbefore named and
bid company, after the construction of the said
rawbtldges or drawbridge, shall at all times
hereafter provide that said drswbridges or draw.
ridge shall be opened for the passage of any and
y vessels seeking to pass through the same, with
II unnecessary delay. ltalso provided that such
art OF this section as relates to Pearl River If the
pc Of the road shall be located across the said |
YER at point where il constitutes the boundary |
1e between the state OF Louisiana and the State |
MISSISSIPPI, shall not take effect until the State
Mississippi has consented TO, aud authorized
70 same, or said company has built such bridge | ,
ross said Pearl river for its said railroad as
all be in accordance with this section, and also
lth any authority or power granted to said com.
my by the said State OF Mississippiin the premises
I'd such drawbridge may be built In the center of ;
channel OF said Pearl river, or in that portion
the same within the territory of the State of ,
lblic use.
Ninth-That the said company is hereby autbor. :
ID and empowered to obtain, by grant or other. I
sc, from any Incorporated city or village within 1
state OF Louisiana that may be situated upon i
iohiOdu, eny IBntej privileges, or franchises | 1
at any OF taid Incorporated cities or villages i
~ choose TO grant in reference TO the constr1c q
D, maintenance, and management of the rail. r.
ID OF said company, its depots, cars, locomo. n
es, and its business within the limits OF such or n
, Of said incorporated cities or villages and $,
7 such Incorporated city or village as herein. $,
lore named, Is hereby authorized and empow. p
"a to grant to said company any such rights, q
Vleges, and FRANCHISES as it may deem proper c,
advisable; and such rights, privileges and h,
nehises when granted to and accepted bV said G,
npsny from any such incorporated city or vii. ! ii
e, shall be deemed and taken as rights priv. sr
es, and franchises vested and confirmed in said te
npany, and not liable to be hereafter revoked m
nged, injured, or impaired, except with the sI
sent OF said company, and the rights, priv. W
Is, and franchises which have been heretofore fir
nted to said company by the city of New Or. re
Is are hereby recognized, approved. and vested or
confirmed in said company, subject to all the co
efts and provisions of this act. i'm
&c. 8. Be it further enacted, ETC., That said be
psny, being authorized to purchase, receive. r.
hold such real estate as may be necessary hs
convenient in accomplishing the object for frC
CD said company is organized, it may, by its int
1ts, surveyors, engineers, and servants enter
all lands and tenements thrOunh which II | ~,