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

liability, either tor loss, injury or damage
to persons or property shall be obligatory
and binding as contract with said passen-
ger, or shipper, or person delivering mer-
chandise or property; and it shall be law
tul for said company to purchase or to make
advances of money or credits upon mer-
chandise and property to be transported
upon it's railways, steamboats, or vessels, OF
| to be stored in its yards or warehouses to
| such extent, and upon such terms and con-
| ditiens as the directors of said company
may from time to time esta blish or author
| iLe to be established.
Fith-To obtain and receive by purchase
| grant from the United States or otherwise
| by grant, gift, devise and beGuest both real
| and personal property, and to have ana TO
| hold such real ard personal estate III this
| State, for the objects, purposes, interests
| and business of said company; provided,
that in the taking and holding of lands for
| the use of said company as lands taken for
| public use, the said company shall take aud
| obtain the same as in this act PROVIDED.
| Sixth-To Law out It's said railways ard 20
construct the same, not exceeding two hun
| dred feet in width, upon any lands OF the
State Of Louisiana, and to take hold and
| use for the purpose necessary CepotS, sta-
/ lions, cuttings, turnouts, and Tor obtaining
stone, gravel. earth and timber for the con
! structiun of it's railways any lands OF the
| State of Louisiana lying along Or upon or
| adjacent to the route Or course OF SAID rail-
roads that may be necessary for the con
struction. maintenance and security OF such
| railroads: provided, however, that any and
| all damages that may be Occasioned. or that
| may arise to any person, corporation or as
| sociation other than the State of Louisiana
by the taking and using OF such land and
materials for the use OF said company as
/ aforesaid shall be assessed and paid for by
/ "A Tod in hya
! Seyenth-To construct and maintain its
! said railroads or any part of the same aud
! TO have the right of way therefor aoIsss 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 in
| tsrsect, touch or cross; provided the SAID
company shall preserve any water course,
| street, highway, turnpike or canal which
| it's said railways may 80 pass upon. along,
| intersect, touch or cross, 80 as not 60 I'M
| pare its usefulness TO the public unneces-
! sarily, or If temporarily impaired IN and
! during the construction of the said railroads
the said company shall restore the same
| to its former state or to such state that its
| usefulness Hnd CONVENE nee to the public
| shall not be unnecessarily or materially i'm
| paired, injured, and the said company shall
not be required to construct draw in any
| bridge over and across any stream or bayou
south of the main channel of the Red river
on the route of its rail way from Feymi ion
vile to Shreveport.
Eightb-That the Aaid company il hereby
| authorized and empowered to obtain by
| grant or otherwise, from any Incorporated
| city or village within this State that may be
lit lated upon its railroad or railroads, any
! ghts,i privileges or franchises tina: any
| OF said incorporated cities or villages may
| choose 70 grant in reference to the construc.
| ton, maintenance, management and Use OF
| the railroads of said company. its AepOts.
| cars. Locomotives and its business within
| the limits of such or any of said incorpor.
! ated cities and villages; and any ~nch incor.
| porated city or village as hereinbefore
| named, is hereby authorized and empow
cred to grant to said company any euel1
| rights, privileges and franchises as it may
| deem proper and advisa BILE; and such rights.
| privileges and franchises when granted 70
! and accepted by said company from any
| such incorporated city or village, shall be
deemed taken rs rights, privileges and
! franchises vested and confirmed in eaid
company. and shall! not be thereafter
revoked, changed. injured or impaired,
I except with the consent OF said comp any.
| SEC. ). BE it further enacted, etc. That
| the said company being hereby authorized
TO purchase. receive and hold Such real rs.
| tate as may be necessary and convenient in
| accomplishing the Dbjec. for which said
company is Incorporated. IL may. by its
| agents. surveyors. engineers and servants,
| enter upon ali lands and tenements through
! which it may conclude 60 make such rail-
roads. and survey, lay out and construct
| the same, and 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 ease SAID lands be.
| long 20 the estate of any deceased persons
| then with the executor or administrator of
| such, or in case Of the same belonging TO q
| minor or person non compO, mentis, then
| with his or her guardian, or in case such
lands be held nv trustees of schools sec.
| tons or other :ruH Hes OF estates, then with
| such trustees. Aud said executors. admin.
| istratOrs. guardians and trustees are here.
By declared competent for such estate.
person Or minor TO contract with said
company to use. occupy and possess the
lands of such estates. persons. minors or
trustees. SO far as may be- useful or neces-
| sary for the purpose Of said railroads, aud
the act and deed of such executors, admin.
| istratOrs and guardians or trustees. in Vela-
ton thereto, shall pass title in such lands
in the same manner as if the said deed or
act was made or done by q legal owner of
full age and sound mind, and such ex-
ecutor, administrator, guardian or trustee
shall account to those interested in their
in pursuance of such agreement and COM
position, and if the said company and the
parties representing lands prefer, they may
refer the question OF compensation to arbi-
traitors, mutually chosen, whose award, or
that of their umpire lin case of disagree
ment), shall vest the title according to its
terms.
SEC. 6. Be it further enacted, etc, That
in case the said company shall be unable to
kI,%
the purpose of its Incorporation in the
manner herein provided, the said company
shall have the right to acquire title to the
same in the manner aud by the special pro-
ceedings hereinafter prescribed. For the
purpose Of acquiring such title the said
company may present petition praying
for the appointment of commissioners Of
appraisal to the district court of the parish
in which the land described in the petition
shall be situated ct any general or special
term of such court or to any judge thereof
in vacation. Such petition shall be signed
by one of the officers or director of said
company, or by an agent or attorney au-
thOriZed for that purpose, and shall be veri-
fed go as to satisfy the court of the truth
of the matters therein stated. 1t shall con-
tain 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 20 acquire the same without resort
ing to such proceeding and the cause or
causes of such inability, and the names and
places of residence Of the parties, so far az
the same can by reasonable diligence be as
certained, who shall have or claim to have
estates or interest in the real estate, and
describing the legal status of said persons
"a to competency to dispose of their said
estates or interests. and. in case of incom-
potency, showing, as fully and definitely