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R. S. 3063— Aet 74, 1902 companies, as aforesaid, shall have, possess and exercise all the rights, powers, privileges, immunities and franchises, and shall be subject to all the duties and obligations (not inconsistent with the provisions of this act) conferred and imposed by law upon the property, powers, privileges, immunities and franchises of such .companies so consolidated, and said consolidated companies shall have power to fix the number of its directors not less than six, and the time of their election, the number, names and duties of its officers; to pass by-laws for the government and management of its affairs; to fix the amount of its capital stock which shall be divided into shares of one hundred dollars, each, and to issue bonds and dispose of same in such form and denomination, and bearing such interest as the Board of Directors may determine, and to secure payment thereof by mortgage of every and all of the property and franchises, rights, privileges and immunities of said consolidated company then acquired or thereafter to be acquired of the companies of which it is formed; and to do all other acts and things which said companies so consolidated or either of them might have done previous to said consolidation, and any street railroad company consolidated under the provisions of this act, shall have the further right to consolidate with any other street railroad company, or any other consolidated street railroad company.

(When Act Goes Into Effect.]

Sec. 5. Be it further enacted, etc., That this act shall take effect and be in force from and after its passage.

Act 188, 1902. Parishes authorized to grant franchises over public roads to electric, etc., railroads, printed at p. 1276.

SALE OR LEASE OF ONE RAILROAD COMPANY'S
PROPERTY, ETC., BY ANOTHER.

Act 74, 1902, p. 101.

An Act relative to the powers of railway corporations organized and

existing under the laws of this State or any other State or Terri

tory or of the United States. (When Companies May or May Not Lease and Sell.]

SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That any railroad company in this State, existing under the general or special laws of this or any other State, or Territory, of the United States, may sell or lease its railroad, property and franchises, to any other railroad company duly organized and existing under the laws of this or any other State or Territory, whenever the line or lines of the said contracting companies shall or may form in the

R. S. 3063— Act 74, 1902 operation thereof, by bridge, ferry, or otherwise, connecting or continuous line or lines of railroad, provided, that the said railroads of the said companies thus contracting, shall not be parallel and competing lines. [When Companies May Sell, Pledge, etc., Their Bonds, Stock, etc.)

SEC. 2. Be it further enacted, etc., That any railway corporation in this State, existing or incorporated under the laws of this State or any other State or Territory, may sell, pledge, or hypothecate, for railroad purposes, its bonds, stock, earnings, revenues, income rights, and credits, to any person or corporation, or to any other railway corporation organized or existing under the laws of this State, or any other State or Territory; provided, that the railroad lines of the contracting railway corporations are not parallel and competing lines. [Companies May Acquire, etc., at Conventional or Judicial Sale.]

SEC. 3. Be it further enacted, etc., That any railway company existing under the laws of this State or any other State or Territory, or of the United States, may acquire by conventional or judicial sales, or by lease, from any other railway corporation, existing and organized under the laws of this State, or of any other State, or Territory, any railroad or railroads, the whole or any part of which is in this State, with all the property, privileges, appurtenances, rights and franchises, stocks and bonds, of such railway company or companies, whenever the railroad lines of said contracting companies shall or may form, in the operation thereof, connecting or continuous line or lines of railroad, by bridge, ferry or otherwise; provided, that the lines of said companies thus contracting shall not be parallel and competing. [Sale Must Be Approved by Stockholders—Advertisement of Meeting.)

SEC. 4. Be it further enacted, etc., That before any such conventional sale of any railroad, its property, rights, and franchises, shall take place and be valid, it must be approved and ratified by twothirds of the capital stock of each of the contracting companies respectively, at a stockholders' meeting called for that purpose, after publi:: notice of sixty clear days, by publication in a newspaper published at the domiciles of the respective corporations, calling a meeting of the stockholders of the contracting railway companies; and in case of a purchase at judicial sale, by a railway corporation, such purchase must be authorized and approved by two-thirds of the capital stock of the purchasing company, at a stockholders' meeting convened for that purpose, sixty days' public notice of which meeting has been given in a newspaper published at the domicile of said purchasing company. [Companies May Guarantee Bonds and Contracts of Another Company.)

SEC. 5. Be it further enacted, etc., That any railway corporation existing or organized under the laws of this or any other State or TerriR. S. 3063—Act 74, 1902 tory of the United States, may guarantee the bonds or contract of any other railway company of this or any other State or Territory provided that the guarantor and guarantee companies shall not be parallel and competing lines. (Right of Expropriation of Consolidated Company.]

SEC. 6. Be it further enacted, etc., That any railroad company organized or existing under the laws of this State, or any other State or Territory, or of the United States, which has heretofore acquired or may. hereafter acquire the railroad, property, or franchises of any other railroad or railway company, whether by purchase, lease, consolidation, or otherwise, shall have the right of expropriation of land and property for the purpose of constructing or extending its line of railroad, and for branch lines of railroad, spur tracks, switches, sidings, depot grounds, shops and yards, and for any other railroad purposes, in the manner and according to our laws relative to expropriation by railways. (Approval of Stockholders Required.]

Sec. 7. Be it further enacted, etc., That any agreement of any railway company existing or organized under the laws of this State, or of any other State or Territory, or of the United States, to buy a railroad, railroad property, appurtenances, bonds, stock, rights, and franchises, or to buy and acquire the stock and bonds of any railway company incorporated or organized under the laws of this or any other State, or Territory, heretofore executed by the proper officers of such companies, and ratified by the companies parties thereto by the assent of twothirds of the capital stock of each of said companies, shall be taken and held to be binding from the date of its execution, and any purchase at judicial sale by any railway corporation of this or any other State or Territory, approved by two-thirds of the capital stock of such purchasing company in a stockholders' meeting, duly convened and held, shall be valid and binding from the date of such purchase. [Consolidated Company Must Have Main Office and Domicile Here, etc.)

Sec. 8. Be it further enacted, etc., That railroad companies or corporations availing themselves of the provisions of this act, shall have and maintain a domicile and main and general office in the State and be subject to the control and regulations of the laws of this State and the Railroad Commission, as well as the jurisdiction of the State courts. (Act Does Not Apply to Street Railroads, etc.)

Sec. 9. Be it further enacted, etc., That this act shall take effect from and after its passage and that nothing herein shall apply to street railroads or tram roads carrying passengers under municipal franchises.

R. S. 3063-Acts RAILWAY COMPANIES OF OTHER STATES MAY EXTEND, CONSTRUCT AND OPERATE THEIR LINES

IN THIS STATE.

Act 73, 1902, p. 100. An Act to authorize railway corporations of other States or Terri

tories, or of the United States, to extend, construct and operate their railroad lines into and through this State, and to expropri

ate land and property for such railway corporations. [Railroad Companies of Other States May Extend, etc.)

SECTION 1. Be it enacted by the General Assembly of the State of ouisiana, That any railway corporation existing or organized under the laws of any other State or Territory, or of the United States, shall be and are authorized to extend, construct, and operate their lines of railroad into and through this State.

[May Expropriate Property.]

SEC. 2. Be it further enacted, etc., That such railway companies of any other State or Territory of the United States, extending, constructing, and operating their lines of railroad into and through this State, shall have the power to expropriate land and other property for their railroad, right of way, switches, sidings, branches, spurs, depots, and depot grounds, yards, and any land and property for railroad purposes, in the manner as is now or may be provided under our laws for expropriation by railroad corporations. [Must Establish Domicile, and Subject Itself to Railroad Commission, etc.)

Sec. 3. Be it further enacted, etc., That railroad companies or corporations availing themselves of the provisions of this act, shall have and maintain a domicile, and main and general offices in the State, and be subject to the control and regulations of the laws of this State and the Railroad Commission, as well as the jurisdiction of the State courts.

(When Act Goes Into Effect.]

SEC. 4. Be it further enacted, etc., That this act shall take effect from and after its passage.

RIGHT OF WAY OVER STATE LANDS.

Act 84, 1882, p. 106.

An Act granting the right of way over any land belonging to the

State of Louisiana, to any person, company or corporation desir

ing to build or extend a railroad in this State. SECTION 1. That any person, company or corporation desiring to build or extend a railroad in this State, shall have the right of way,

R. S. 3063— Act 92, 1888 not exceeding two hundred feet in width, over any land belonging to the State, through which such road, or any branch, tap or extension thereof may pass, for the purpose of constructing, maintaining and running any railroad or any tap, branch or extension thereof, which may be hereafter built in this State.

The act is a declaration of public policy, and is applicable to a road in existence at the time of its adoption, to the extent of preventing a recovery by the State for the use of the right of way, in the absence of additional legislation authorizing the demand. State vs. N. O., C. R. Co., 104 La. 685.

See list of acts, p. 1645, for acts relating to aid which may be given railway and public improvement enterprises. See title "

Corporations,” p. 220, and annotations at p. 262. See title “Expropriation, p. 739, and annotations, p. 742.

EQUALIZATION OF ASSESSMENT.

Act 92, 1888, p. 151.

An Act creating a board of commissioners to equalize the assessments

of railroads, telegraph and telephone lines, passing through the different parishes of the State.

[Board of Commissioners-How Constituted.]

SECTION 1. That the police juries of all the parishes throughout the State, be and are hereby required to select one of their number or some other property tax payer of their parish, to act as a board of assessment on the assessment of the railroads, telegraph and telephone lines passing or running through the parish he may represent. [Meeting and Organization of Board.]

Sec. 2. That said appointees be required to meet at some convenient point on the line of road, telegraph or telephone, to be assessed, said point to be designated by the Auditor of Public Accounts, and organize by electing a president and secretary from their number and proceed to put a uniform valuation on the road bed and telegraph and telephone lines running through the parishes they represent; said assessments to be reported to the assessors of the different parishes, which assessment shall be placed on the roll and be final, unless changed or reduced by suit for reduction, as now provided for by law, provided, said suit to be filed and conducted in the parish in which the president of the board may live. [Notice and Time of Meeting—Compensaton of Commissioners.]

Sec. 3. That in selecting the time and places of the meeting of these boards, the Auditor shall so arrange that one commissioner can act on every road, etc., running through his parish; notice of such times and

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