New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-08-15
THE LEGIeLATURE


be presented, must be served on all persons
named in said application, as owners vi
interested in said real estate, az ieaet nte
days prior to the presentation OF the salne'
provided such owners SO named are resi-,
dents. and can be found within the state OF
Louisiana. and are not infants, idiots, or
zoersnns al unsound minds. and in that case
anon their tutors. curators, or guardians.
SFo Be it further enacted, ETC., That
an presentation of the application to the
rourt or Judge therein named, and no per-
aon appearing to oppose SAID application,
and whenever it shall satisfactorily appear,
from SAID application, and proofs thereunto
attached, that service of notice OF the time
and place of the presentation OF SAID april
cation upon all the owners and persons IN
terested in said land has been made the
said court, or the Judge thereof, shall forth
with make an order appointing three dls .
interested and competent treehoiders VINO
reside in the parish where the premises are
situated, OF an adjoining parish thereto, as
Commi, soners TO ascertain ana appralse the
T,onpensatiop to be made to the owners or
persons interested in the real estate pro-
posed to be taken bv said company for its
purposes, and shall fix the time and place
for the first meeting of said Commissioners.
In case any person who shall b. the owner
or who shall have ve'ie interest in said
premises, shall appear at the time and place
of the presentation of such application, the
said court or judge. before making said ap-
pointn ent Of Commissioners, may hear such
person aud said company i'll relation to amy
persons proposed tor appointment as such
Commissioners, their place of residence
their competency and interest; and after
euch h jug the said urt or Judge
shall make an appointment of three
10 mssIUuers, as Aforesaid, III accord
ance with the di~cretinn and judgment
Of said court or judge In case it shall
appear by said Application that any person.
or any of the persons owning or interested
in the said premises describ in the appli,
cation, or any part of the same, are not
known to The said company, or are not resi-.
dents of he narlsh wherein said real estate
is situate, or can not be 'und therein after
due di igeuCr, or Il infants, idiots, or per
CONS of unsuuud mind, then. and in such
case, the said Court or Judge, before max
ing said appointment OF Commissioners,
shall make such inquiries rs 10 such own
qars aud parties iutrrts ed IN said premises,
and shall make such ord rs for service of
notice upon hem, or upon any persons in
regard Ia said applicable and such other
order or ord rs in the premises AS the said
court or judge may deem erssa y, proper,
and Just; a shal III II make sncn APP
pointment of Commissioners AS aforesaid:
and in connection Herewith make such or
ders as t0 the service of ANY future notice
npOn the owners of said premises, of the
meeting aud appra sement of said Commits
sioDers, and ihr confirmation or the same,
as may seem To said Court or Judge equit-
able and Just
SEC 6. b. it further enacted, etc, That
the Commissioners 70 appniu ed. or ma
Jority of them, shall hold their first meeting
at time and p ace appointed by the Court
or Judge, and may adj'urn from time 20
time at tn ir discIet on; they shall take
and suhsc. ibe an oath before any officer
authorized to administer Oaths in the State
of Louisiana. to the eff-ct that they and
each of them will imparti4lly, and to the
best Of their judgment aud aNiily, perform
the duties of SAID Commissioner. Aud any
one of said Commissioners may Issue sub.
penas and I'd minister o this to witnesses
Wherever they meet to take testimony or
hear the parties, except by pOlntment of
abe SAID Court or Ju g., or pu suant to ad
lournmtnt. they shat cause reasonable
notice OF such meeting to he given to any
Of the parties IN iU errs' who shall have
Heretofore appeared before the u, or TO their
agent or attorney. They shall hear the
proofs and allegations of the parties, and
reduce the same to wiring, and after all
The testimony offered in the case that In the
jrA ment of said COmmissiouersis peril
nent TO the value of SAID premises is taken,
they, or n mAjOTlty OF them, shall without
unnecessary delay ascertain AID determine
the compensation which ought Justly and
equitably to be made by the said company to
the owners or persons Interested in said
real estate appraised by them; and said
lion the advantages that tine said owners
or persons interested in said real estate
may derive from the construction of said
proposed railroad. fer which said real estate
1s proposed to b. taken. They shall make
report in writing to the Court or Judge by
whom they were appointed, which shall
contain the proceedings in the cases before
them. with the minutes of the testimony
taken by tnem, il any and their award and
determination. They shall be compensated
for services AS such Commissioners by the
said cOmpAnY Mt the rate OF i've dollars per
day for actual service.
SEC Z. Be 1t further enacted, ETC., That
on such report being made by said Com
Inissioners, the Court or Judge shall ap-
point time and place for the hearing of
said conn any, and all parties interested in
said lands in regard to The confirmation of
said report, and shall by order direct the
manner and form of the service of any no.
tlce OF the same upon any persons that in
the ludgmt at of the said Court or Judge
should be no lied; and on the day of such
hearing y no person. shall appear to oppose
the confirmation of the said report the
same shall he confirmed bv the said Count
or Judge, and All order shall oe made re-
citing the proceedings of the appraisal, the |
confirmation of the same, aud a description |
OF the real esta e, aud directing to whom |
the money or vaiue of said real estate is TO |
be paid, ur in what manner the same shall |
and beaeft of said owners. And If any |
person shall appear to oppose the con- !
hrmEti0n of said report. the said court or |
Judge shall hear the parties for aud against |
such eUfIhrmathln, and If said court or Judge |
shall decide ia favor Of such confirmation. |
then the same proceedings snail be had Id /
the premises AS heretofore provided in case \
no person appeared to OPPOSE said confrma.
ton; ana ttsaid court or judge shall decide |
against such confirmation an order shall be !
entered directing said Commissioners or I
other Commissioners named la said order to
proceed tea reapprais.i 81 tue aid premises.
the proceedings of which shall be afterward
conducted AS N the irsE in-tance, except
thas the appraisal and report Of the Commits
siouers on The reappraisAl order shall be
final, aud shall b. confirmed by said court or
Judge, and the order OF said court or Judge
confirming any appraisal ~ Aforesaid shall
bDhnal aud CONCLUSIVE on all parties inter-
ested; Provided, That aDy party to said
decree shall have the right If appeal to the
Supreme Court from any decree adverse to
Their interests or the interests of those they
represent
BIC. g. Be It further enacted, ETC., That
the order of the snid cOurt or Judge confirm
ing an appraisal Of lands AS heretofore pro-
Eided, or a certified copyOf the same, shall
be HE'D IN the Office u the clerk OF the
district court Of the district in which the
said real estate appraised shall be situate,
and there ahail remain record, and such
order 80 entered and hied shall vest IN said
company the lands described Ihereif and |
such eetate 'as Engy therein be eet forth. on |
she payment or tender ofpsyment or deposit I
of the amount Of the appraisal and damages |
by said cun1paBy, IS provided la said order
or b duly certified copy skereui, with proof |
Of euch payment And depo,it ns Eherein pro.
yided, Will be cnnsjdeIelas legal evidence