The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-09-24

| application shall be made 10 writing and si1nei
BY the president or one OF the directors of sale
company, or by an agent or attorney of SAIL
company authorized for thar purpose. and sbaS
| Substantially set forth and state = - -
fnst-H must be entitled so g. 10 describe the
| court wherein or the Judge 10 whom the appii
~, enon Is made' ana the character of the applics
second-The name and official character Of The
person applying in behalf of the company mus
| be stated. -
| 1hird-The real estate which the company seek
to acquire must be described by metes and bounds
snd the estate therein which the company seeks
TO acquire must be set forth and several parcels
OF land, owned by different persons may be in.
Guided in one application.
Fourth-Thst the company has not been able 10
acquire the estate In said lands required and the
| reason of such inability.
f1fth-The names Of all owners or parties In,
.erested In said real estate so far the same are
Known 10 the applicant, must be set forth and II
not known that fact must be stated a copy of
such application and notice Of the time aud place
the same Will be presented, must be served on all
persons named 10 said application, as owners or
interested In said real estate, at least ten dsys
prior TO the presentation of the came, provided
such owners so named are residents, and can be
found within the State of Louisiana and are not
infants, idiots, or persons of unsound minds, in
that case upon their tutors. curstors or guardians
SEC. 5. BE Il further enacted etc., That on pre-
sentaton OF the application to the court or Judge
therein named, and no person appearing to op-
pose said application, and whenever it shall salts
factorily appear, from said application and proofs
tbereunto attached, that service of notice of the
time and place Of the presentation of said appli-
cation upon al the owners and persons interested
10 salo land has been made, the said court, the
Judge thereof shall forthwith make an order an
pointing three disinterested and competent free
hQiders who reside IN the parish where the pre-
misses are situated, or an adjoining parish there
10, as commissioners to ascertain and appraise
the compensation to be made to the owners or
persons interested in the real estate proposed to
be taken by said company for its purposes, and
shall nX the time and place for the first meeting
OF said commissioners. 10 case any person who
shall be the owner, or who shall have vested in
terest IN said premises, shall appear at the time
ard place OF the presentation of such applica-
ton, the said court or judge, before making said
appointment Of commissioners, may hear such
person and said company in relation to any per-
sons proposed for appointment as such commits
sioners, their place of residence, their compe.
tency and interest; and after such hsaring the
said court or Judge shall make an appointment of
three commissioners, as aforesaid in accordance
with the discretion and judgment of said court or
Judge. In case it shall appear by said applica.
ton that any person, or any of the persons own.
ing OF interested in the said premises described in
the application, or any part of the same, are not
Known TO the said company, or are not residents
OF the parish wherein said real estate is situate
or cannot be found therein after due diligence or
are infants. idiots, or persons of unsound mind,
then, and in such case, the said court or Judge,
ers, shall make such inquiries as to such owners
and parties interested in said premises and shall
make such orders for service OF notice upon them,
or upon any persons In regard to said applica-
ton, and such other order or orders 10 the pre-.
misses as the said court or Judge may deem neces-
sary, proper, and just; and shall then make such
appointment of commissioners as aforesaid; and
10 Connection Herewith make such orders as to
me service OF any future notice upon the owners
OF SAID premises, OF the meeting and appraise.
ment OF said commissioners, and the confirmation
OF the same, as may seem 10 said court or Judge
equitable ard Just.
SIC 6; BE Il t'othe.. enacted, etc.. That the
cmmissoners so appointed, or a majority of
hem, shall hold their first meeting at time and
place appointed by the court or Judge, and NAV |
adjourn from time TO time at their discretion: |
hey shall take and subscribe an oath before any |
nicer authorized to administer oaths in the State
of Louisiana, to the effect that they and each of
hem, without Partially and to the best of their |
Judgment and ability, perform the duties of said |
And any one of said commission |
'rs may issue subp9nas and administer oaths TO /
~itnesses. Whenever they meet 60 take trstf.
nony or hear the parties, except by appointment
II the said court or judge, pursuant 70 adjourn.
nent, they shall cause reasonable notice of such
meeting to be given to any of the parties in inter.
st who shall have heretofore appeared before
hem, or TO their agent or attorney. They shall
esr the proofs and allegations of the parties and
eouce the same TO writing, and after all the ties.
imony offered in the case that in the Judgment of
AID premises is taken, tLey, or a majority OF
hem, shall without unnecessary DELAY ascertain
nd determine the compensation which ought
1stly and equitably to be made bv the said com.
any to the owners or persons interested 10 said
cal estate appraised by them; and said commits.
toner's shall take into consideration the adyan.
ages that the said owners or persons interested
sald real estate may derive from the construc-
on OF said proposed railroad, for which said real
state is proposed to be taken. They shall make
report in writing TO the court or judge by whom |
ley were appointed, which shall contain the |
roceedlngs in the cases before them, with the
nutes Of the testimony taken by them, if any,
I'd their award and determination. They shall
e compensated for services as such commits. /
oners by the said company at the rate of five
pillars per day for actual service.
SIC. Z. BE Il further enacted, etc., That on
lch report being made by said Commissioned
e court or Judge shall sppoint a time and place
T the nearing OF said company. and all parties
terested IN said lands In regard to the confrma-
On OF said report, and shall by order direct the
amer and form OF any service of any, notice Of
g same upon any persons that in the Judgment
the said court or judge should be notified, and .
! the day OF such hearing If no person shall an.
ar to oppose the confirmation Of the said report,
e same shall be confirmed by the said court or z
oge, and an order shall be made reciting the 5
oceediDgs OF the appraisal, the confirmation of .
same, and description Of the real estate Il
d directing to whom the money or value CT SAID
81 estate is to be paid, or in what manner the
nv ga NC NCpOcltCu Ny bdlQ company f0r the | y
e and benefit of said owners. And IL sny Der.
. shall appear TO oppose the confirmation of
d report, the said court or Judge shall hear the
rites for and against such confirmation, md IN 2
d court or judge shall decide in favor of such r
then the same proceedings shall be n
q IN the premises as heretofore provided In u
'e no person appeared to oppose said confrms.
q and II said court or Judge shall decide
ainst such confirmation, an order shall be en-.
ed directing said commissioners or other com
'sioners named In said order TO proceed to a re.
prasal of the said premises, the proceedings OF
ich shall be afterwards conducted as in the n,
{ instance, except that the appraisal and the "
ort OF the commissioners on the reappraisal SC
or shall be final, and shall be confirmed by said W
ut or Judge, and the order Of said court or IN
&c confirming any appraisal as aforesaid shall pi
final and conclusive on sill parties interested: go
oulded, That any party to said decree shall Sc
o the right Of appeal to the Supreme Court d
n any decree adverse TO their interests or the c
rests OF those they represent. an
&c. s. BE Il further enacted, etc.. That the
er OF said court or judge confirming an ap-
isal of lands as heretofore provided or a Ger.
d copy OF the same. shall be filed ia the office
he clerk OF the district court Of the district in
oh the said real estate appraised shall be stu a
and mere shall remain q record, and such VI
Pr pufpred and al he'll =