The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-05-10
An ~ e.a,,,snse ,hsconvtrueticn Of TsszrMph Lines
in .he State Of Mississippi.

company. chartered or Incorporated by the laws
efthis or any other State, shall, upon MAKING
compensation as hereinafter provided
have the right to construct maintain and 9Per
ate telegraph lines through any public lands %
this .State,-and4 on, across and along a1l-hlgh
WAYS. streets and roads, and across and under
any navigable waters, and on, along anC
upon the right of way and structures OF any
railroad, and In case OF necessity on, under: OF
over any private land in this State; Pfortded
That the parts, arms, insulators and other Tx
lures of such telegraph lines be erected, placed
used and preserved in tho usual manner Of
constructing operating, and maintaining teie
graph lines on, or along, and upon the rlght o
wav and structures of railroads, and on, across
and along highways, roads and streets, and
across and under navigable waters, and In sucn
manner as not to interfere with the ordinary
use of the ordinary travel and traffic on such
highways, railroads, streets, or waters, or with
the convenience of any landowner, more than
NAV be unavoidable; PrOvided further, That
any such telegraph company, for the purpose
of making through lines, or connections, may
acquire by lease or purchase, by any other
lawful contract, the right to use, own and
operate, as part of its lines, and according to
the terms Of its charter, any other line or lines
of telegraph which now or may hereafter
be constructed, and the owners of such other
telegraph lines are hereby empowered to make
such contracts and said company so acquiring
franchises and privileges heretofore vested in
the former owners.
SEC. 2. BE 1t further enacted, That whenever
any such telegraph company desires to con
struct its lines on. along or upon the right o.
way and structures of any railroad, upor
and along the roadway of any incorporated
turnpike, or in case it should be necessary to
construct the same under, on, or over any pri
vate land in this State. the said telegraph com
pany shall, by its agents, have the right to
peaceably enter upon and survey, locate and
lay out its said lines thereon, and may contract
with the owner or owners of any such railroad
for the use of its right Of way and structures
or with any turnpike company, for the use in its
roadway for telegraph purposes; or may agree
and contract with the owner of aRy land for
an easement therein, for the purpose of con-
structing, maintaining and operating its tele-
graph lines as herein. provided; and in case
said lands belong to the estate OF any deceased
person, then said company may agree and con
tract with the executors or administrator there
of; and if the same belong to a minor, or per.
son non cOn2D0s, then with the guardian,- or in
case said land be held by trustees of school
sections or other trustees of estates, then with
such trustees said executors, administrators.
guardians and trustees being hereby declared
competent to make such contract, which shall
be binding upon all parties in interest and
said executors, administrators, guardians and
trustees shall be liable, their respective
IL
moneys received by them under said contracts
or agreements; and if the parties and such
company prefer, the question of compensation
may be referred to arbitrAcors mutually chosen,
whose award, or, in of disagreement, that
of the umpire, shall be binding between the
parties. esl# ....- e.ee
Sec 3. Be a. further enacted, That in case
any telegraph company having the rights and
privileges herein granted, for any cause, shall
not agree with the owner owners of any
land, or with the executor, administrator, guar
dian or trustees of the estate to which the same
belongs, with the owners of any railroad or
incorporated turnpike, on or in which an ease,
ment right or privilege is sought, such tele-
graph company may file its petition in the of
fee of the clerk of the circuit court of the
county in which said landis located; or in case
of railroad or turnpike, then in the office of
the circuit clerk of any county in which any
portion of the said railroad or turnpike may
be located, or through which the same may
Said petition shall designate the land or
railroad, and structure turnpike, as the
case may be, and the particular use, right, ease
ment or privilege sought to be condemned
1t Shall also give the name Of the petitioner
and shall give the place of residence If the
same be known, Of the name or names of the
reputed owner owners of said property, or
OF the executor, administrator, guardian or
trustees; and if the names and places of resi-
dence of the owners be not known to petitioner, |
the pellIIOn snail so state. Sucn poJltlOn shall
be signed and sworn to by an officer or agent
of the company, duly authorized in the prem
ises. a.I 9tti atstH9sf SD .sse sfEo - ual
Sec 4. Bet further enacted, That such pc /
tition as herein before provided may be filed at
any time and the proceedings hereunder had
shall be az rem against such parcel or parcels
of land, or against such railroad and structures
or turnpike roadway, such. petition and pro
ceedings in the lands of private owners
are proceeded against, shall only embrace or
include in any one proceeding, the lands of one
proprietor or owner. in case any right or priv
Iegeis claimed in any railroad rights of way
and structures, in any turnpike then the
property of but one such railroad turnpike,
can be embraced in one petition
SEC. s.. Be. 1t further enacted, That upon the Il
fling of such petition, the clerk shall cause a t
nonition notice from him of the filing of the {
petition and of the purport thereof in general f
terms, and of the time Of the inquest and as {
'essment of compensation hereinafter pro Ii
7ided, to be posted by the sheriff or some r
'ther authorized person in some conspicuous t
olace upon such parcel or parcels of land, rail-
Dad or turnpike, ten days before the said in c
luest, and assessment shall be made, and upon C
proof of such posting, by the return Of the a
heriff or oath of the person appointed, the au fl
hority of the commissioners hereinafter pro- 81
1ded for shalfbe complete to proceed in the a
remises. 1ls
Sec. 6. Bet further enacted, That it shall be N
ne duty of the clerk, upon the filing of such d
etition, to cause notice in general terms 81
hereof and of the time appointed for the in cl
uest, to be served upon the owner or owners of ca
nd lands or to be left at his, her, their place
places of residence, at least five days before til