The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-04-01

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 to
the appellate jurisdiction OF the Supreme
Court, and In such manner and form only 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 president, secre-
tary, treasurer or any Of the directors of said
company, or upon any agent or agents OF the
company, resident in this State, and desg
mated by the directors of this company to re-
ceve such service.
| SEC 49, Be 1t further enacted, etc, That II
any person or persons will or shall willfully
do, or cause to be done any act or acts
whatever, whereby any building, construc-
| ton or work of said company, or any engine,
machine, or structure, or any matter or thing
appertaining to the same, shall be stopped
obstructed, impaired weakened, injured or
destroyed, the person SO offending shall be
deemed guilty of q misdemeanor, and shall
forfeit and pay to the said company double
the amount of damages sustained by reason of
such.offences or injury, be recovered in the
name OF said company with costs OF suit by
action of debt; and such offender shall also
be subject to Indictment, and shall be, on con-
viction, sentenced to Imprisonment at the
discretion of the court. for period not ex-
ceedng eighteen months.
SEQ. 16. Be further enacted, etc, That the
said company, its officers or employees, shall
not, in any case, be liable for any debts con-
tracted or liabilities incurred by any person
or persons who shall contract with it TO con-
sttuct any portion Of its road its buildings or
appurtenances, or it's rolling stock, or to fur
nish any materials or labor to be used for
such construction, or for its maintenance and
operation, nor shall said company it's officers
or employers, in any case. be liable for any
injury to person or property, or loss OF life.
which shall be caused by any act or omission
OF any person or persons so contracting
with It, or of any Of his or their employees
or agents. But the said company may,
at its option, at all times when moneys
shall become due to any contractor or
contractors for the construction of any
portion OF It's railroad, or of any permanent
structure or structures upon the line thereof
or connected Herewith, retain out Of such
moneys sufficient amount to pay in full any
sum or sums then due to any employee, or
any of the employees, whom it shall elect to
pay Of such contractor or contractors, for Ia
Dor performed upon such work, or to any per-
son or persons, for materials furnished
to any .such contractor or contractors
to be used in the performance of his
or their contract or contracts. and may
pay the same to such employee or em
plOyeeS, person or persons and when so
made such payment shall be q legal dis
charge to the amount thereof Of the indebt-
edness OF said company to such contractor or
contractors; prorided, however, that such
payment shall be made within ninety days
after such moneys shall become due from
said company, and Ii not so made such con-
tractor or contractors shall then and from
| thenceforth be entitled to the same. No assign
ment, mortgage or other act of any such CON
| tractor or contractors, made or done either
before or after such moneys shall 50 have
become due to him or them, shall be of any
validity to interfere with or prevent the re-
taning and payment of any such sum or
sums Of money, or deprive such payment OF
| the legal effect hereinabove declared. And no
attachment execution, trustee process. gar
nishment, injunction, order, notice, or legal
proceeding made, obtained, issued or taken in
behalf of any party or parties whomsoever
shall create lien upon, or bind or hinder, or
become due from the said company to any
person or persons, corporation or cor
porations, whomsoever or whatsoever,
for any services rendered, labor per-
nished, Tor the construction main
tenance or operation Of the railroad of said
company, or for rolling stock sold and de-
| livered, bargained and sold or agreed to be
constructed and delivered land damages as
sessed, appraised or agreed to be paid, bal
ance or balances due to any connecting rail
road or transportation line for freight or pas
sage moneys received or full or part perform
ance of any job or contract for the construc-
ton OF the railroad Of said company, or any
part thereof, or any structure or structures or
fencing upon the line thereof; but all pay
ments or any such account or accounts may
be made by said company at it's option, free
from any legal obstruction or hindrance,
directly to the party or parties with whom
said company shall have had the dealings out
Of which such payments Shall have become
due.
SEC. II. Be ii further enacted, etc., That said
company, its officers or employees, shall not
be liable in any sum whatsoever of damages
or costs In any action brought by any party
against 1t, or them, or any or either of them,
for any injury to the person or loss of life, or
injury to or detention or loss OF baggage
caused by any accident, or alleged careless
ness or negligence on the part of said COM
pany, It's officers or employees, and sus-
tanned by any person while riding or being
transported, free of charge, upon its railroad
or any part thereof, or upon any other rail-
road or transportation line occupied and oper-
ated by said company, or while the person
whose death or personal injury shall have
been caused by any such accident or alleged
careessness or negligence shall have been at
work or rendering any service as an employee
OF said company or as an employee Of any
person or persons with whom said COM
pany may have contracted for such work or
service, upon or in connection with it's rail-
road, or any other railroad or transportation
line occupied and operated by it. And all
such free passengers shall travel and all such
employees shall labor and render service,
upon said railroad and upon all other rail-
roads and transportation lines occupied and
operated by said company at their own risk,
as to personal injury or loss Of life, or loss or
detention of or injury to baggage, resulting
from accident or alleged carelessness or
negligence on the part of said company it's
officers or employees, and the said company
shall not be subject to any liability to any
party for any such personal injury or loss Of
life.
SEC IS. Be 1t further enacted, etc., That the
said company its officers or employees, shall
not incur any liability for the loss or deten-
ton of, or injury to baggage or freight, or for
injury to the person, or loss OF life, occurring
upon any railroad or other line OF transporta-
ton not owned or occupied and operated by
said company, by the sale of through tickets
for passage, or by the giving of through
checks for baggage, or by the giving of
transported over the whole or any part of it's
own railroad, and any connecting railroad or
railroads, or line or lines of transportation,
not owned or occupied and operated by it, I'M
less it shall be so expressly agreed, in writ
expressly authorized by the directors Of said