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

CnanulBe ana property 10 De transparent upVH
Its railroads, steamboats, or vessels, Or to be
stored In its yards or warehouses, to such ex-
tent and upon such terms and conditions as
the directors o. said company may from tlme
to time establish OF authorize to be established.
FJh-To obtain and receive, by purchase,
grant, gift, devise and bequest, and to have
and to hold real and personal estate IN this
State. for the objects, purposes, interests and
business Of said company; proutded, that IN
the taking and holding OF lands for the use OF
the said company shall take and obtain the
same as In this act provided.
iSirth To lay cut It's said railroads and to
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,
cuttings. turnouts, and for obtaining stone,
gravel, earth and timber for the construction
of It's railroads, any lands Of the State OF
Louisiana lying along or upon or adjacent to
be necessary for the construction, mainte-
nance and security of such railroads; pro-
rsded, h0Ferer. that any and all damages that
may be occasioned or that may arise to any
person. corporation or association other than
the State of Louisiana by the taking and
using of such lands and material for the use
OF said company as aforesaid, shall be assessed
and paid for by said company, as provided for
In this act.
Seuenti-To construct and maintain It's said
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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 railroads may inter
sect, touch or cross; provided, the said com
pany shall preserve any water course, street,
highway. turnpike or canal which its said
railroads may SO pass upon along, intersect or
cross, so as not to impair its usefulness to the
public unnecessarily, or If temporarily inn
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railroads, the said company shall restore the
same to it's former state, or to such state
that its usefulness and convenience to the
public shall not be unnecessarily or materi-
ally impaired or injured, and the said com
pany shall not be required to construct q
draw In any bridge over and across any
stream or bayou upon the route of its said
line OF railroad, except at the Caleasieu and
Sabine rivers.
Eighth-That the said company ia hereby
authorized and empowered to obtain by grant
or otherwise, from any Incorporated city or
village. within this State, that may be sit
uated 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 construc-
ton, maintenance, management and use of
the railroads OF said company, its depots, cars,
locomotives, and It's business within the
limits of such or any of said Incorporated
cities and villages and any such Incorporated
by authorized and empowered to grant to
said company any such rights privileges and
franchises, as 1t may deem proper and advis
able; and such rights, privileges; and fran
chises, when granted to and accepted by said
company from any such incorporated city or
village, shall be deemed and taken as rights,
privileges and franchises vested and con-
tirmed in said company, and shall not be
thereafter revoked, changed, injured or i'm
paired, except with the consent of said COM
pany.
SEC. 5. Be 1t further enacted ETC., That
the said company, being hereby authorized to
purchase, receive and hold such real estate as
may be necessary and convenient In accom-
plishing 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 con-
clude to make such railroads, 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 case
said lands belong to the estate of any de-
ceased persons then with the executor or ad-
ministrator of such, or in case OF the same
mentis, then with his or her guardian or in
case such lands be held by trustees of schools,
sections or other trustees of estates, then with
such trustees. And said executors, administra-
tors, guardians and trustees are hereby de-
clared competent for such estate, person or mi
nor, to contract with said company to use, oc-
cupy and possess the lands of such estates,
persons. minors or trustees, SO far as may be
useful or necessary for the purpose of said
and the act and deed of such execu-
tors, administrators, guardians or trustees in
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 a legal owner of
full age and sound mind; and such executor,
guardian or trustee shall ac-
count to those interested in their respective
bonds for the amount Maid him In
OF such agreement and composition; and IL
the said company and the parties represent
ing lands prefer, they may refer the question
of compensation to arbtrators, mutually
chosen, whose award, or that Of their umpire
in case OF disagreement, shall vest title ac-
cording to it's terms.
SEC. 6. Be It further enacted, ETC., That
In case the said company shall be unable to
acquire title to any real estate required for
the purposes of its incorporation in 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
ment of commissioners Of appraisal to the
district court OF the parish In which the land
described in the petition shall be situated, at
my general or special term Of such court, or
20 any judge thereof, in vacation. Such petit
ion shall be signed by one of the officers, or
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authorized for that purpose, and
shall be verified so as to satisfy the court of |
he truth Of the matters therein stated. 1t
shall contain a description of the real estate
sought to be acquired by the said proceeding
state the purpose for which it is required, the
necessity for the same the interest or estate
herein which the said company seeks to ac-
luire. and the inability of said company to
lcquire the same without resorting to such |
and the cause or causes of such
inability, and the names and places of resi-
lence of the parties, so far as the same
AN by reasonable diligence be ascer-
aimed, who shall have, or claim to have,
states or interests in the real estate, and de-
cribing the legal status of said persons as to
to dispose of their said estates or
and in case of incompetency, show
ng as fully and definitely as practicable by
whom and to what extent such estates or. in
erests, or the lands to which they shall at
ach, or the persons owning such estates or
interests, shall be held in trust, custody,
supervision, or disposition