New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-04
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AN ACT

AN ACT
Relative to the New Orleans, Mobile and
Chattanooga Railroad Company, and tc
regulate judicial proceedings in certain
cases under the charter Of the said COM
pany, and the laws of this State relative
thereto heretofore passed, and to declare
and define the powers and liabilities OF
the said company, and to facilitate and
aid by grant of bonds the construction
and secure the main tenance OF the rail-
roads Of the said com any within the
s ate of Louisiana, and to appropriate
certain lands in the city of New Or
leans for public use. and 10 provide
Tor the building of one or more branches
to the main line of said railroad.
SECTION |. Be it en- acted by the Senate and
House Of Representatives of the State of
Louisiana in General Assembly convened,
That the ordinance adopted by the city of
New Orleans, bearing date the sixteenth
day of February, 1867, and the fifteenth day
of November 1867, and the seventeenth
day OF June. 1869, relative to the construc-
ton, use and maintenance of the railroads
and depots of the said company and ali
those portions of said ordinances which pro-
vide for the opening and grading Of streets
i'll said city, ard the grant of the use of the
same and Of other streets to the said COM
pany, for its tracks, switches, turnOuts and
uePo'S, VI !of oInef puip oSeS cuAAec,tu
with its railroads, be and the same are
hereby ratified and confirmed, and de-
clared to be operative from their
date; ana the said city is hereby
authorized and required 70 lay
out, open and grade the streets mentioned
in said ordinances to be opened and graded,
and to fulfill the obligations and assump-
tons contained in the said ordinances. with
out further delay and without further
authority than shall be afforded by this act;
and it shall be the duty Of the city authori-
ties, within five days after demand made
upon the Mayor by the said company, to
direct and require the City Surveyor to
proceed TO open. grade and fit ,he said
streets for the purposes specified in the
said ordinances, according to the conditions
OF the same; aud in case of any neglect or
re ueai by the said city, the said company
may apply to, and it shall be the duty of a4y
court Of competent jurisdiction TO compel
and enforce the completion Of said work
without delay; and the said company may
proceed, if it prefers, to OPEN, grade and
prepare the streets mentioned in said or1i-
nances for the uses aforesaid: and whatever
charge, cost or expenditure that has been
heretofore required or CcCasiOned by the
neglect or refusal of the said city to fulfill
their oh igations, assumptions or duties
under the Ordinan ces.afOresaid relative to
said streets, or that may be hereafter re-
luired or occasioned by the refusal or ne
elect after the notice aforesaid by this act,
nay be recovered by the said company
rom the said city.
And be it further enacted, ETC., That
he said company be and is hereby author
zed and empowered to locate. construct,
maintain and use for the passage Of its
engines and cars, the tracks of its railroad
with the requisite curves to and from the
'ame) from the levee 10 the line design ted
n the said ordinances of the city OF New
Orleans for the extension of Claiborne
treet, along aud upon the portions of
, ysian Fields street, and intervening
streets, originally designated for the two
central banquetfes or walks in Elysian
fields street, the said banquettes being two
trips of ground twelve feet in width,
me upon each side of and adjoining the
and said to be owned by the Poutcharlrain
Railroad Company in the central portion of
aid street; and no ordinance heretofore
Dassed or which may hereafter be passed by
he city of New Orleans; and no act of any
'ariy or parties whOmsUever, and no act of
NY court or judge, heretofore done, or
Which may hereafter be done, shall be of |
ny force or validity 10 prevent the location, |
obstruction, maintenance, and use of the |
aid tracks as aforesaid; Srd the sac COM |
ANY is hereby authorized and empow, red, |
Without further authority than is given by |
his act, to remove from the said ba1 quettes, |
NY material or structure which it may deem |
ecessary TO remove, in order to construct |
8 sad tracks, as aforesaid: provided, said |
ompany shall not materially impair the |
raiDage Of said street.
SEC. 2. Be it further enacted, etc., That |
ne said company, its officers and employees,
hall not in any case be liable for any debts |
ntC lIot1 II
On or persons who shall have contracted or
'ho shall contract with it to construct any
ortion of its road, its buildings or appur-
or its rolling stock, or to furnish
ny materials or labO- TO be used for such
obstruction or for its maintenance and
peration; nor shall said company, its off,
RS or employees, in any case, be liable Tor
ny injury to person or property, or loss of
ie, which shall be caused by any act or
mission ofany person or persons 80 contract
)g with II, or OF any of his or their employees
agents. But the said company may
is option at all times when moneys shall
ecome due to any contractor or contractors
" the construction OF any portion OF lis
illroac, or OF any permanent structure OF
ructnres upon the line thereof, or con-
ected Herewith, retain out OF such moneys
sufficient amount to pay in full any sum
+ sums then due to an empioye,
duy VI the employees WlOm 1t |
lal elect to pay, of such con-
actor or contractors for labor performed
pom such work, or to any person or per
ms for materials furnished to any such
)ntractor or contractors to be used in the
-rformayce of his or their contract or con-
acIs, and may pay the same to such en-
oye or employees, or person or persons,
Id when so made, such payment shall be
gal discharge to the amount there of, of
e Indebtedness of said company 10 such
or contractors; provided how
er, that such payment shall he made
thin thirty days after such moneys shall
come due from said company; and, if not
made, such contractor or contractors
all then and from thencefoTth be entitled
the same. No assignment. m Jrtgage or
her &C. of any such contractor or con-
actors, made or done either before or after
Oh moneys shall so have become due him
them, shall be of any validity to interfere
tn or prevent the retaining and payment
any such sum Or sums OF money, or de-
i've such payment of the legal effect here (
above declared; AID no attachment,
ecution, trustee process, punishment,
junction, order, notice or legal proceeding
ide, obtained, issued or taken after the
ssage OF this act. in behalf OF any party or {
rites whomsoever, shall create lien upon &
bind, or hinder, or stay the payment Of {
y moneys due or to become due from the G
ID company to any person or persons, cor I
ration or corporations, whomsoever or 9
lat over, for any services rendered, labor {