New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-03-06
An Act
An ACT
Refatre to The Ezropfatimef Lands for Railroads and OF
I-dtEc-a af L,.LL


An Act
Reare 10 The EIpropria Of Lands for Railroads and other
FORKS Of Public Uliiity
l. Be it enacted by the Senate and House of Repre-
senatves of the State of Louisiana in General Assembly
convened That whenever any corporation constituted
under the laws of this State for the construction of
railroad plank road canal for navigation can not
agree with the owner or owners Of land which may be
wanted for the construction of such road the
works connected herewith shall be lawful for such
corporation to apply by petition to the judge Of the dis
trct in which such land may be situated if the lands
extend into two districts to the judge of either district
describing the lands necessary for their with
plan of the same and statement of the improvements
thereon. if any. and the of the owner or owners
thereof if known and present the State with PRAYER
that such land may be adudged to such corporation
the vaule thereof.
alton OF such petition to the judge it shall he his duty tc
endorse on said petition order directing clerk
the court to give notice to the owners accord
ing to law and the clerk shall thereupon copy
said petition and order to the owners toeethe,
with notice of the time at which jury will be eInpan
eed TO assess the value of the land described in the petit
ton and the sheriff shall make service of said copy and
of said notice, and make return thereof ordinary
the order shall have been made by the judge as aore-
said it shall be the duty of the clerk and sheriff to make
list of freehoders residents of the parish in
which the land lies and not interested in the issue
tried from which list twenty -four shall be drawn and
summoned to attend the 10th day after the Of the
summons or if that day be of public rest. on the
eleventh day after said date and from said twentyfour
free-hoders. jury shall be empanneed which said iury
shall by verdict in which least three fourths of their
number shall concur determine after hearing the parties
and their evidence what the value the described
in the petition with its improvements and what dam
ages any. the should sustain in addi-
tion to the loss of the land by its appropriation to the
uses of the company Provided that in empanneng the
jury either party may challenge for cause but no per-
emptory challenge shall be allowed.
~ Be it further enacted etc. That in estimating the
value OF the property to be appropriated aforesaid the
basis of the shall be the true value which the
INN
projected and without deductng thererom any amount
for the benefit derived by the the contem-
plated improvement work.
&5 Be it further enacted etc That an appeal to the
Supreme Court. from the verdict of the jury and jud
men OF the lower court made by either party shall
suspend the execution of such Judgment but the pay
ment of amount of the verdict by the company to the
the deposit thereof subject the owners or
der in the hands of the Sheriff shall eptitle the corpora
on to the right title. and estate of the
in and to the land described in the petition in the same
manner as voluntary conveyance would do; provided
always that in the event OF any change being made by
the final decree in the decision of the the corpora
on shall be bound pay the additional assessment or
entitled to recover back the surplus paid the
may be.
so Be it further enacted ETC. That if the owner or
owners of land required aforesaid for works of
public utility be unknown or absent and have left no
known agent in the State it shall then be the duty of the
court to appoint curator ad hoe represent the act
for such owner owners and the price which such
deposited in the State Treasury subject the order of
such owner or owners and the receipt of the State
paying for the land in the manner as if the price
were paid to the owner in person.
NJ Be it further enacted etc, That if the owner or
owners of any land shall Be of opinion that the quantity
OF land sought to be purchased. by any corporato
exceeds that which is reasonably necessary for the pur
pose intended by the company it shall be lawful the
fact and that in such the jury shall determine not
only the value of the land to be appropriated but also the
extent of land over which the company may exercise the
forced appropriation the whole always subject to the
sion of the Supreme Court appeal.
Vs. BE it further enacted etc. That the right expro-
priaton enforced by this act shall in case extend to
yards. and shall extend to the dwelling house
yard garden and other appurtenances of the dwelling
house unless the jury shall find by their verdict that the
line OF the projected railroad canal cannot be diverted
rom at purposed by the company without great public
loss and Inconvenience,
S9 Be it further enacted etc, That if tender be made
by any corporation of the true value Of the land the
or owners thereof before proceeding under pro-
visions OF this act the costs of such proceedings shall
paid by the owner owners
To. Be it further enacted etc. That all judgments de-
ereeng lands to corporations under the provisions of this
act shall be valid against all persons including married
women, minors and persons interdicted
IL Be it further enacted, etc, That the municipal
of any incorporated town city shall have
power to permit the construction of railroads pankoads
or canals through their streets roads, and said pern
on so granted shall be rrepeaabe during the existence
of the corporation constructing such roads canals
CIPPER SHrps-The Boston Advertiser of the 10Th ult.
gives the following description the most splendid clip
per ship yet:
Mr. Donald Mckay is building at East Boston
what will be when completed and it is believed the fstest
clipper ship aoat This magnificent specimen of marine
architecture is $50 feet in length 45 feet BEAM % in
depth and will register 22O0 tons She will be launched
in April fully rgged and called the Enoch Train, in
pnent to the gentleman through whose enterprise the
line of packets sailing between Boston and Liver
pool was established. and whose Boston
chant has reflected honor the city The ships built
for Col Train by Mr. Mckay compose fine merchant
fleet as carried viz the Joshua Bates 6GO
tons Washington Irving, 500 Anglo Saxon 500 Ocean
Monarch, 1900; Anglo American $50; Parliament 1000
Daniel Webster 1lO0; Flying Cloud, 400 Staffordshre
1900 These vessels comprising nearly 10000 tons are
model ships and have produced almost entire reyou-
ton in ship building. The novelty of their models the
beauty of their construction and their unequaled swift
ness, have excited the admiration of the
world and to no is the public much indebted
the great improvement produced to Col Train Under
such circumstances, Mr.. Mckay will render richly
merted compliment and which the whole community
will be pleased to recognize just in naming his last and
best ship after the liberal and saacous merchant whose
encouragement has enabled him to accomplish much
to advance the science of his profession.
STRIKING LEAD WORTH HAvING,-Some miners in the
vicinity of Sinsinnawa Mound. short distance from
Fairplay Wisconsin, the Gaena Gazette informs u.s.
Gently reached q large opening upon of the
richest fields of mineral lead that has yet been discovered
in those diggingn and exposing sight for at Least