New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-01-15

foreign country. as the directors OF the sai,
company may elect; and to secure the paw
ment OF said bonds or notes may MORTGAGE
its railroads, it's capital stock. its corporate
franchises, and any of its real or personal
property or any part or portion of the sanAL
and it may, by its president, or othe7,
officers and agents duly authorized by its
directors, cell, dispose OF or negotiate such
bonds and notes, or may sell. dispose of o.
negotiate it's capital stock or any of its Der.
sonal property at such times and places
and at such rates and for such prices either
within or without the limits of the State ~
Louisiana, as in the judgment of the com.
paDy will best advance its interests: and il
such bonds, notes or stock are thus sold at
discount, such sale shall be in all respests
valid aud binding upon this company. and
such stock, bonds or notes shall be as yaIiI
for the par value thereof as if the same had
been sold ut par value. The bonds of tho
company, or any part thereof, may be made
convertible into the capital stock of tia
company, and may provide that the owners
thereof may~ote at stockholders meetings.
under such regulations as shall be desr.
mated in such bonds; and it shall be lawful
TOR the said company 10 employ all such sur
plus capital as may belong or accrue to said
company, in the purchase OF public or other
stock, or in any other moneyed transactions
not inconsistent with the constitution and
laws OF this State, or OF the United States
TOR the sole benefit of said company
SEC. IA. Belt further enacted, etc., That
the said company can be sued in this State
only in the district courts of the parishes In
which it's railroad is constructed, subject n
the appellate jurisdiction of the Supreme
Court, and in such manner and form oulv
as corporations of this State can be- sued.
and service of process in any action against
the said company can be made only by
service Of the same upon either the pres,.
dent, secretary, treasurer, or any of ths
directors OF said company, or upon an agent
or agents Of the company resident in this
State and designated by the directors OF
this company to receive such service.
SEC. Is. Be it further enacted. etc., That
If any person or persons will or shall will
fully do or cause to be done any act or aets
whatever, whereby any buildings, con.
struction or work Of said company, or any
engine, machine or structure, or any matte,
or thing appertaining to the same shall be
stopped, obstructed. impaired, weakened,
injured or destroyed, the person 50 offending
shall be deemed guilty OF II misdemeanof,
and shall forfeit and pay to the said com
pany double the amount of damages sus
tanned by reason of such offenses or injury,
to be recorded in the name of said com
pany, with costs Of suit by action of debt:
and such offender shall also be subject to
m.
sentenced to imprisonment at the discretion
OF tho court, for a period not exceeding
eighteen months.
Sec. i6 Be it further enacted, etc, That
the said company, its officers or employees,
stall not in any case be liable for any debt,
contracted or liabilities incurred by any
person or persons who shall contract with
it to construct any portion OF its road. its
buildings or appurteDances, or it's rolling
stock, or to furnish any materials or labor
to be used for such construction, or for ib
maintenance and operation. nor shall said
company. its officers or employees, in any
case be liable for any injury to person Or
property, or loss of life, which shall he
caused by any act or omission of any person
or persons go contracting with it, or of any
of his or their employees or agents. BuJ The
sad company may, at its option, at al
times when moneys shall become due e
any contractor or contractors, for the con.
stYuctiOn of any portion of its railroad, or Of
any permanent STRUCTURE or structures
upon the line thereof 81 connected
Herewith. retain out of such moneys suf
fcient amount to pay in full any cum or
sums then due t0 any employee or any Of the
employees whom 10 shall elect - pay, Of
sutn contractor or contractors. Sor labor
performed upon such work, or toany person
or persons for materials furnished to any
sutD cCHtTaCtOT w CONTRACTORS To ne uSpu
ia the performance of his or their contract or
contracts, and may pay the same to such eu-
ploye or employees. person or persons; and
when 80 n sde, such payment shall be q legal
discharge Go the amount the reoS 81 the in
debtedness OF said company 90 s,ic's con.
tractor or contractors; provided, however
that sIe.p payment shall be made within
ninety days after such money shall
become due from said COMPANY, and if
o2a cnpl, octc
shall then and from thenceforth be entitled
to the same. No assignment. morris gage or
othec set of any such contractor or con
tractors made or done either before or
after such moneys shall SO have become dus
to h;m ey them. shall be.of any validity to
interfere with or prevent the retaining and
payment Nt any such SUM c. sums Of
mOneSa or deprive such payment of tho
legal effect hereinabove declared. And no
attachment, execution, erustee process, pa.
nshmen., Injunction, order, notice or legal
preceding made. obtained, issued or taken
IN behalf OF any-party or paSties svhomsO-
ever shall create a lien upon, or bind, or
hinder, or stay the payment Of any MONEYS
due Or TO become due from the said com +
pany TO any person or persons, corporation
or corporations whOmsOever or whatsoever, (
Tor any services rendered, labor performed \
or materials or supplies furnished for the /
construction, maintenance or operation OF +
the railroad of said COMPANY, or for
rolling stock sold and delivered bargained
and sold or agreed to be constructed
and delivered, land damages assessed
appraised, or agreed to be paid
balance or balances due to any connecting
railroad or transportation line for freght@
passage moneys received, or full or part
performance of any job or contrac. for tho
construction OF the railroad OF said COM
pany, or any part thereof or any structure
or structures, or fencing upon the line
thereof, out all payments on any such ac
count or accounts may be made BY said
company, at its option, free from any legal
obstruction or hindrance, directly to the
party or parties with whom said company |
snail nave had dealings out of which such i
payments shall have become due
SEC. IL. Be it further enacted. etc, Ths: /
any careless handling and unnecessary 1
throwing of trunks or baggage belonging
10 passengers by any employees of said com
pany, whereby any damage is done, shall
be paid for by said company, and tho en-
ployes thus offending shall be liable to
criminal prosecution, and On conviction
shall suffer tine and imprisonment, at the
discretion Of the court.
SEC. Is. Be it further enacted. etc, Thai i
the said company, its officers or employs L
shall not incur any liability for the loss o. Il
detention Of, or injury to baggage or freight
or for injury to the person, or loss of lite
occurring upon any railroad or other line d
transportation not owned or occupied and
operated by said company. by the sale d
through tickets for passage, o. by the civ
ing OF through freight receipts for property
10 De transported over the whole or AM
part OF lts own railroad and any connecting
faiiroad or railroads or line or lines of traBr
portation not owned or occupied and oper
ated by it, unless it shall be so expressly
agreed IN writing by the said company
through Its agents expressly authorized BY