New-York tribune., 1886-01-09
finanriai.

Ssasna n ss to S 1SG%s % Of 10 the
tlo Canal company continue is a6Ors without opposition
sd any hd M hs9sh Il has d9nhess given 10 express con
noihng that has beoa by those who have undertaken
ilns aPpctainng the already concluded is known
those lahos hut NJ present made protest
o Il has nsT sem M s % e ~
BY which is bouad as uoh as that consent were eH-
E.Seoauuons rights, such right Of transit they
cSnseq ihc consent Of tie railroad Company % tie
% o. me se Ss S T9Ssa ss IN, 81 rfa
tee route Of te railroad sould granted IN public doc
rcG "I aud paragraph An % Article 1882 Of he cvi
The copsont tac expressed given BY the Railroad COM
Iay 10 ntesect IL ise excavations Of the canal me route
of the Company declared in part 10 Of the Expo
per'oiss excayste The artme cs5si through ne
route OF me Psnana Raiiioad esIoin= this in PERI o, en-
The partial or Effected through
%sqlsoeys iSs Sssa!ysnes ,,,., %i %l
responsibility established bg ihe law Of bodeS ia
msTnc, that IS % say eher ne extinction q ne fight % o
resembling the contract according Article 90 or In
incur in the lespoasbty established ty he common law
Tae stsas TIT he ciy tcle cited declare As foIlOws
OF The Judge who at tho instance Of the owner shall declare
fselin his obligation in sny point Of Importance or hay
ing caused loss o" deterioration OF moment TO The thing IN
or g M "STs ] ag9.s to The gyy Of the or c1i. iS %Py s
thing usufraci Ietura owner, with lhe
HaSS ns1ioa 4 tSG & usarpne a "' ~ '
are mutually binding tic penaty sftached TO tho nonua
men Of The compact 10y either OF the contracting par
But in such cases The other Of tho contracting parties
peualy or the ulfmen Of the contract with indemnify Tor
Article l6l2 Obligation abstain from doing thing
issoLSs ltSeh INTO ma 81, 81 Gy,ng mae@hy @ TO- o' - -u1
Ift DE possible that which has been done and If
is destruction be necessary for The object III Wow az ne tne
Sompellcd o no or The creditor ela he authorized for
the same purpose at the cost Of the debtor 49,.
icbtor Shall be he consent TO furnish such
The creditor shall. in any he indomniaed. -
the TeTy route Of he railroad but Stu within tie territory
the privilege granted By the contract OF s6 me Gll"y Is
Repubc belongs one-ialf The which shall hnaly be
9c cp%g%3y RSeT & If i e t6a q III
the Government amount that The latter may exercise
iicT case nay canse it 10 be fixed BY aI6eIs yen should
opening The canal should stIl notify the Government
Of M ihe 5ac sGse not Sec9HsS ,ga fonsI %S % TO-
judge Wheeler he just 70 demand nothing or to demand"
rms omission the RaiTSa@ C9%paGg which up Of to the the
| taH Of the Indemnify which ought TO be
demanded. Which should be ansly AGREED Uoa by
contract The delivery Tire Republic q oneaafo &c IN
In consequence Of which ask: you he pleased to
consider Instituted tbs claim propose against lhe Com
pany of The Panama lariad wiln The doeunens hsio,
which t1s claim made has 7esisa ne @ 5s sPP12,s
ialed IN an import particular ~ iis o1lgaSns a; neet %
road and that declare tho PRIV ege to be extinct as
~, ,tSc ne he ennbiic % 1r ~ .U M tie en- oTnent OF te
proncrv and mi oi e rairoad iogriCr III It's
aplurenane aneNalons api accessories without The
COMPANY having therefore any rsht to ind9nni,y or re
be inded and the Company compelled TO pay indeLiy
The WI ch the ella m Is based are the following
That the United saies OF coo9ba eontl,StS I on @ ihe
OF railroad from 10 ;ho other across
passession Ts tho % raToa for ioynne YEARS. ad p
iege other TsrOad should be constructed within Tie
cicd ,eir,S M me sPnoie Ie's'ins 70 S' 'o f'@'
= That bS tho ofte lotb ofAugus 1867 eeebai
edbetweonth ne pares the contract o 1870 was renewed
Railroad the rglt o. enoyng The nsnGc ioI nnet, nine
feeTyog 20 ef The real oWncTep n the railroad with all
It's appurtcuancoS snnc ons and a bnanga
Panama belonging 10 the road ard N general all n .r
iinei especial purpose Of transportation or whether
tey have application 10 some Other pu pose connected viii
That this second contract edns 70 the Railroad
ton established sithn he territory OF the Iuyi
Gafaehne on the Psc c without ntersecns routs Of
esSa S the %SieS hight % psrnsioS Govern
ailrold Company being previously o'taae
the latter Tsceiyng al sGe9ny io ,Ie e o @ % o M
he Company cSnno. per open canal
along route the railroad fo the dstruehon
to preserve the railroad with an us apurtenances
|
law in orier 10 deliver the Government good o0ndi
ton when the usuirqct shall become extinct -,
Of the contract Of 1857, thc
road within the Of the privilege in cOnsdera
lion G S saSa & EGS Do a; 10 5 ne o a aGnS nav al s w
in accordance with said article whether such amount be
agreed uon by arbers in accordance with the latter
G The Haro.d company cannot abstain from eHactIng
within territory OF he privilege since i e under oblga
u
real property Of ne ana me de%Eeiy % cry 81 Of
Se Se hs@ir@et is@T@t' 70 '0
y The Company holding the usuruet has consented
tolerated ton OF maritime canal within Tie ter
ory privilege. and destroying The ralIOad route u
deprive The Of Colombia Of the right has
0P Nogr ,han Ills Sas failed to notify the Government
81 ba l' t aRera@sni S might give is rrson since IN
such notification would have haa to glye notice also
other hand had failed 70 demand anything for m
whether amount Of the Indemnity demanded were cqgit
able OF not or Ina. IT, e naa an Seg ssS 81 e a ~
sum as might finally be agreed upon -. ..,,.
public document duly registered aud this legal formally
To- The Goyeihnen, has snfcTe and viii saner materially
n It's IN GIS ne s1osns Us he rairosd
ton Of The Tie EspqS' Of by me Raoaa @ Com
~ Os nes Of h S s ESsy S for G% no
losses dass % u s1% IS benz sc sSa s S ihe G@G o
aiou OF the contract Of 1857 ths Of the ailroad
Company aorng sufficient grounds for soliciting from
Won extinction Of the privilege It's esndng and inden
for damages. =,
| following: T. -. -.
paes and only be rendered invalid y mutual consent
or throuh legal causes. article t02 o the Cyil COdc)
2 That usufuc, OF the yaold and ITS aIurlcnances
10y the Government 10 the Panama Railroad
| Companv by Article OF the contract OF 1907.
g. the real property, or 10 oihr WORDS tbe direct
tho railroad Constructed between Colon and
Panama belcngs 10 The Republic according 10 Articles ~,
| nd 36 OF the abOve-ncnt loncd contract
That the Company under Obligation 10 keep the rail
In good condition. In view Of Ar
cles 20 30 according 10 WHICH 1t Is 10 be thus delivered
the privilege shall be, extinct
80 as % n 20 title parida 81. and Articles HJ3 1G0j
| ard COS Of the National Ciyil COdoj
becomes extinct by reason OF tic
sessor i'm usfi1ci having failed IN hs obligations in I'M
that is 10 say In having caused serious
loss and IN the usuiuci according 10 what is
| sci forth in Article sGS Ct the Civu Code.
q. BY the judicial declaration that the usuiruct has