The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1871-07-01

of said company make such contracts, enter
into such engagements, and do and perform
all such acts as they or majority OF them
may deem proper, convenient or necessary tor
the accomplishment of the objects for which
said company is created. The Board of Dl'
rectors shall require the treasurer to give
bond and security in such amount as may
be fixed by the bylaws IF the company ;
they shall have the right to fix :he compen-
sation of the officers, and to remove any OF
them by a vote of three-fourths of the Board
of Directors.
Sec. 7. Be it further enacted, etc, That
said Arkansas and Delta Railroad Company
be and the same is hereby authorized and
empowered to enter upon, purchase, take
and hold any lands that may be necessary
and proper for the construction and uses
of said railroad not exceeding one hundred
feet on each side of its centre line, together
With such other lands and premises as
NAV be required by said company for ex-
caration or embankment, or for turnonts,
depots, stationhouses, docks, wharVes or
,ther purposes in the conduct Of the bus
mess Of said railway, adequate compensa-
ton to be given to, or satisfactory settle
ment to be made with all owners Of prop
erty so to be taken and used by said COM
pany: and the rigat of way is hereby gran
/ ted to said Arkansas and Delta Railroad
Company through any ami all lands be-
longing TO the State of Louisiana, and
through which said railway may pass, to
the distance of two hundred yards on each
side of the centre line of said railroad, and
said company is authorized to enter upon
any lands owned by the State of Louisiana
and adjacent to the line of said company S
railroad, and take and remove therefrom
and appropriate to the uses of said company
any timber earth or other material, and the
right is hereby granted to said Arkansas and
Delta Railroad Company to use any OF the
State levees on the route of said railroad for
any portion of the road-bed Of the said rail-
road.
SEC. s. Be it further enacted, etc, That
in case any land through which said com
pany may conclude to construct its rail-
road belongs to the estate of deceased
person, it may then contract therefor with
the executor or administrator of such; or
in case such lands belong to a minor or to
a. person non conpos mentls, then with h S
guardian or tutor or in case said lands be
held by trustees of school sections, or
other trustees of estates, then with such
trustees of estates; and such executors,
administrators, guardians and trustees are
hereby declared competent for such estate,
person or minor to contract with said COM
pany to use, occupy and possess the lands
of such estates, persons and minors or
trustees 50 far as may be useful and neces-
sary for the purposes of said railroad, and
the act and deed of such executors, ad-
ministrators. tutors, guardians or trustees
in relation thereto shall pass title in such
lands in the same manner as if the 'sa'd
deed or act were made or done by q legal
owner, of full g and sound mind; and
such executor, administrator, tutor, guar
dian or trustees shall account to those in
terested in their respect We bonds for the
amount paid him in pursuance to such
agreement and composition, and if the said
company and the parties representing lands
prefer. they may refer the question OF COM
pensation to arbitrators mutually chosen,
whose award, or that of their umpire in
case of disagreement, shall vest title accord
ing to its terms.
! Sec. 9. Be it further enacted, ~etc., That
| if said company is unable to agree for the
purchase of any real estate or of the right
of way thereupon, or any estate therein re-
quired for the purposes and uses OF said
company, a. provided in the last preceding
section, or is unable to obtain the title or
right of way therein, it shall have the right
to acquire title to the Same in the following
manner: The said company may apply to
the district or parish court of the parish in
which the lands the title wherein is sought
is situated for the appointment of commits
sioners of appeal at any general 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
directors of said company authorized for
that purpose, and shall substantially set
forth and state
| First-The court wherein or the judge to
whom the application is made and the char
acter of the application.
Second-The name and official character
of the person applying in behalf Of the
company.
Third-The metes and bounds of the
real estate which the company seek to ac-
quire, and several parcels of land owned
by different persons may be included in
one application.
Fourth-That the company has not been
able to acquire the estate in said lands re-
| duired, and the reasons of such inability.
Fifth-The names Of all parties or owners
interested in said real estate, so far as the
same are known to the applicant, must be
set forth, and if not known, that fact must
be stated. A copy Of such application, and
notice of the time and place the same will
be presented, must be served on alt persons
named in said application, as owners or in
terested In said real estate, at least ten days
prior to the presentation of the same, pro-
vided such owners so named are residents
and can be found within the State of Loui-
siana, and are not infants, idiots or persons
of nnsound mind; in that case, upon their
tutors, curators or guardians.
Sec. 10. Be it further enacted, etc, That
on presentation of the application to the
court or judge therein named, and no per-
son appearing to oppose said application,
and whenever it shall satisfactorily appea,
from said application, and proofs therenntc
attached, that service of the notice of the
time and place of the presentation of sale
application upon all the owners and persons
interested in said land has been made, the
said court or jud g thereof shall, forthwith
make an order appointing three disinterested
and competent. freeholders, who reside in
the parish where the premises are situated
or an adjoining parish thereto, as commits
sioners to ascertain and appralse the coin
rpensation to be made to the owners or per.
sons interested in the real estate proposed
to be taken by the said company for its pur