The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1874-03-21

aud using of such land and material for the
use of said company rs aforesaid shall be as
sessed and paid for by said company, as pro-
vided i'll this act.
! Seyenth-To construct and maintain its
said railroads or 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, turn
| pike or canal within the State of Louisiana,
| which the course OF said railways may inter
sect, touch or cross; provided the said COM
pany shall preserve any water course, street.
| highway, turnpike or canal which its said
| railway may pass upon, along, interseet.
| touch or cross, so as not to impair its use
fulness to the public unnecessarily, or it
temporarily impaired in and during the con-
struction of the said railroads the said COM
| pany shall restore the same to its former
state or to such state that its usefulness and
| convenience to the public shall not be I'M
necessarily or materially impaired, injured,
| and the said company shall not be required
to construct draw i'll any bridge over and
/ across any istream or bayou south of the
main channel of the Red river on the route
| of its railway from Fefmilionyille to Shreye-
port.
| Eighth-That the said company is hereby
authorized and empowered to obtain by
| grant or otherwise, from any Incorporated
city or village within the State that may be
1 situated upon its railroad or railroads, any
rights, privileges or franchises that any OF
said incorporated cities or villages may
choose to grant in reference to the construe-
| ton, maintenance, management and use of
| the railroads OF said company, its dep0ts,
| ears, locomotives and its business within the
| limits of such or any of said incorporated
cities and villages; and any such incorpor-
| ated city or village as hereinbefore named,
| is hereby authorized and empowered to
grant to said company any such rights, priv
/ ileges and franchises as it may deem proper
| and advisable; and such rights, privileges
and franchises when granted to and accepted
by said company from any such Incorporated
city or village, shall be deemed taken as
rights, privileges and franchises vested and
! confirmed i'll said company, and shall not be
| thereafter revoked, changed, injured or inn
| paired, except with the consent OF said COM
/ pany
Sec. 5. Be it further enacted, etc, That
the said company being hereby authorized
to purchase, receive and hold such real es
tate as may be necessary and convenient i'll
| accomplishing the object for which said
company is incorporated, it may, by its
| agents, surveyors, engineers and servants,
enter upon all lands and tenements through
which it may conclude to make such rail-
roads, and survey, lay out and construct
| the same, apd 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
estate Of any deceased persons then with
the executor or administrator of such, or in
| case of the same belonging to a minor or
| person non compos mentis, then with his or
her guardian, or in case such lands be held
by trustees of schools sections or other trus-
tees of estates, then with such trustees.
/ And said executors, administrators, guar
| dams and trustees are hereby declared COM
petent for such estate, person or minor to
contract with said company to use, occupy
| IL Il,
! sons, minors or trustees, so far as may be
useful or necessary for the purpose of said
railroads, and the act and deed of such exec
utors, administrators and guardians or trus-
tees, III relation thereto, shall pass a title in
| such lands in the same manner as if the said
! deed or act was made or done by legal
| owner of full age and sound mind, and such
executor, administrator, guardian OF trustee
| shall account to those Interested in their re-
| Spectiye bonds, for the amount paid him i'll
! pursuance of such agreement and compost
| ton, and if the said company and the parties
representing lands prefer, they may refer
| the question of compensation to arbitrators,
mutually chosen, whose award, or that of
their umpire lin case of Disagreement, shall
| vest the title according to its terms.
| Sec. 6. Be 1t further enacted, etc, That
III case the said company shall be unable to
acquire title to any real estate required for
the purpose of its Incorporation i'll the man
ner herein provided, the said company shall
have the right to acquire title to the same in
the manner and by the special proceedings
hereinafter prescribed. For the purpose of
acquiring such title the said company may
present a petition praying for the appoint
ment of commissioners of appraisal to the
district court of the parish in which the land
described in the petition shall be situated at
any general or special term of such court or
by an agent or attorney authorized for that
! md clan l,n fiaH ff,Sa efy
| the court of the truth of the matters therein
stated. 1t shall contain description of the
real estate sought to be acquired by the said
proceedings, state the purpose for which it
is required the necessity for the same, the
interest or estate therein which the said
company seeks to acquire, and the inability
| OF said company to acquire the same without
resorting to such proceeding, and the cause
or causes of such inability, and the names
and places of residence of the parties, SO far
| as the same can by reasonable diligence be
aseertained, who shall have or claim to have
estates or interest III the real estate, and
DESERT ing the legal status of said persons as
to competency to dispose of their said estates
or interests, and, in case of ineompetency,
| showing, as fully and definitely as praetica-
bic, by whom and to what extent such es-
tates or interests or the lands to which they
shall have attach. or the persons owning
such estates or interests shall be held in
disposition such petition may embrace as
many distinct parcels of land, though be-
longing to different parties, as the said COM
pany shall think proper to include in one
application. A copy of said petition, with a
notice of the time and place at which the
same will be presented TO such court or
Judge, must be served either personally or
by delivering to the party to be served such
copy of petition and said notice or by leaving
the same at the usual habitatiOn of said
party If such habitation be in the parish in
which the lands sought TO be obtained shall
be situated, at least five days before the
time specified in such notice, or due service
may be made upon any party to be sued, by
publishing such notice for at least three
weeks Immediately prior to the time speci-
fed in such notice, in newspaper published
in the parish lin case there is a newspaper
published in such parishl, in which such
lands shall be situated, or i'll a daily paper
published in the city of New Orleans, and in
case of publication, by mailing, with postage
prepaid, printed copy of said petition and
notice addressed to the party TO be served
at his place of residence, if known, or if it