New Orleans Republican., 1868-10-15

Sixth-That sold company is hereby |
aut horized and empowered to OBTAIN, by |
gr ant OF otherwise, from any corporation, |
city, or village, within the State OF Lou |
lsiana, that may be situated upon its canal, |
any rights, privileges or franchises that any |
of said Incorporated cities or villages |
may chose TO grant in reference to the |
construction, maintenance and manage ment |
Of the canal Of said company, and its apper |
tenances, and its business within the limits
of such or any of said Incorporated cities
and villages and any such incorporated
city, village or person hereinbefore named,
are hereby authorized and empowered to
grant to said company any such rights,
privileges and franchises as 1t may deem
proper and advisable and such rights,
privileges and franchises when granted to,
and accepted by said company from any
such Incorporated city, village or person
shall be deemed and taken as rights, ptlVl-
leges and franchises vested and confirmed
in said company, and not liable to be here
after revoked, changed, Injured orimpaired,
except with the consent OF said company.
Seventh--That the sad company is here.
by authorized to construct and build shell
road along the line of said canal, and to col
lect toll for its use.
SEC. t. Be it further enacted, etc, That
said corporation shall have special lien or
pliyi ege on all vessels and cargoes for the
payment of any tolls or charges that may be
due for navigating said canal.
Secondary person or corporation may
use the said canal for drainage purposes on
such terms and conditions as may be agreed
upon between the parties, and in case they
cannot agree, then they shall each select
two (2) comnetent persons who Jointly shall
choose another, together with whom shall
| form Board of Arbitration to determine
the amount that said company shall be paid,
the time of such payment and any other
| questions at issue that the parties named
| may submit for their arbitration, and the
decision (made in writlpg) of said Board of
| Arbitration, one copy Of which snail be
served on said company and one copy on
| the other person OF corp ration interested,
shall be inal.
Third-rhat said company shall be re-
| quired to build bridges over said canal with
suitable draws to admit the passage of any
vessel or boat navigating the same for all
roads or streets and at such points on said
canal as may be selected by the corporate
| authorities of the corporation through
| which SAID canal may be located, not to eX-
coed fifteen bridges in ALL the said bridges
| shall be constructed under the supervision
of II competent engigeer and approved by an
engineer appointed. by the city OF New Or
| leans.
SEC 5. Be it further enacted, etc., That
said company being hereby authorized to
purchase, receive and hold such real estate
as may be necessary and convenient in ac-
complishing the object for which the COM
pany is organized; and may by its agents,
surveyors, engineers and employees enter
upon all lands and tenements through which
it may conclude to make such canal and sur
vey, lay out and construct the same; and
they shall agree and contract for the land
or right of way with the owners of the
land, tor six hundred feet on each side Of
the centre OF said canal, and forever eXpro-
pirate the same through which it intends to
make said canal. In case said lands belong
to the estate of any deceasei persons, then
| with the executor or administrator OF such,
or in case the same belong to q minor or a
person non conlpoS 0lentiS, then with his OF
her guardian, subject to the approval of the
proper court of probate jurisdiction i'll case
OF successiuns, minors or perSoI non com.
pos mentis; or i'll case said lands may be
he'd by trustees of school sections, or other
trustees of estates then with such trustees,
and said executors, administrators. guard
iaus and trustees are hereby declared com.
petent for such estate, person or minor to
contract with sald company use oC snpy and
possess the lands of such estates, persons
minors or trustees and the act and deed o.
such executors, administrators, guardians
or trustees, in relation thereto, shall pass
title in such lands in the same manner
as if the said deed or act wai
made or done by legal owner o
full age and sound mind, Gnd sucl
executor, administrator guardian or trustee
shall account to those interested in theil
respective bonds for the amount paid them
in pursuance Of such agreement and com
position, and il the sald Company aud tht
parties representing lands prefer, they may
reter the question of compensation to arbi
traitors mutually chosen, whose award, Of
that cf their UNI ire On case of disagree
nenD, shall vest tile according TO its
terms.
SEC. G, Be it further enacted, etc., That
il sald Company is unable 10 agree for thu
purchase OF any real estate or the right o
way thereupon, or any estate therein re-
| uulred Tor the use and purposes of said Com
pany, rs provided in the preceding section
or is unable for any cause to obtain the It'll,
or right of way threin, it shall have HI
} right to acquire title of the same in tn
, following manner The said Company
may apply to the proper District Cour
} for the parish in which said propert,
Is situated, for the appointment
! Commissioners of Appeal ut an,
: general or special term or to any Judgl
/, thereof in vacation, such application shal
be made in writing, and signed by the Pre-
sident and Que OF the Directors of said Com
pauy, or by an agent or attorney of sal
Company authorized for that purpose, an
| shall substantially set forth aud state;
First 1t must be entitled SO as to de
scribe the court wherein, or the judge Il
whom the application is made aud the chal
! acter of the application.
Second--The name and official characte
of the person applying must be stated.
Third-The real estate which the Com
pany seek to acquire must be described b
| metes and bounds, and the estate therei
which the Company seek TO acquire MUS
+, be set forth. and several parcels of Ian
owned by different persons may be include
, in one application,
= Fourth-That the Company has not bee
4 able to acquire the estate in said lands n
/ quired anu the reason for such Inability.
e Fffth-The names of all owners or pa
= ties interested in the said reat estate, so ia
5 as the same are known 10 the applican
= must be tet forth, and II not kaoWh, tl
e TACT must be stated; acopy Of such apple
d tion aud notice of The time and place Il
h same will be presented must be served {
o all persons named in said application as owl
ers or interested in said real estate, at lea
It five days prior TO the presentation OF IL
e same, provided such owners SO named al
!, residents and can be fouad within the sta
Of Louisiana, and are not infants, idiots
J, persons of unsound mind.
u SEC. 7. Be it further enacted, etc., Tn
n on presentation OF the application 10 u
- Court or Judge therein named. and no pc
" y, son appearing to oppose said applicatlo
y and whenever it snail Enthusiastically a.
!. u pear, from said application and proc
" thereunto attached, that service OF motto
y y of the time and place of the presentation
- said application upon all owners al
= D srsons interested in said land has be-
ae made, the said Court or the Judge there
shall forthwith make an order appointil
u three disinterestei and competent person
who reside in the parish where the pIemis
lf. - .{fnataA or The adjoining Darish therei