New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-08-16

mauneI' me SAID COMPANY may spplv
tne district Court of the parish in Will y
the land--the title wherein Is sought 2.
situated for the sppointm of commis,is y
erS OF appeal. at any general or special tsnM I
or to any judge thereof, in vacation. e. n
| application shall be made In writing ~ y
| signed by the president or Que of t6s q
rectors VI said company. or by an agent \
attorney OF said company authorized =
state: b
First-Ttm must be entitled so as to descd. b
the court wherein or the judge to whom N p
| application ts made, and the character n
| the application. b
Second-The name and official charsrt Nc
OF the person applying In behalf Of the coSI r
pany must be eta Ell. "a
| Th.rd-The real esi ate which the Gonna, rt
seek TO acquire must be- de .crtbed BY ms p
aud 0ouuds, and the estate therein VII, p
the company seeks to acquire must be i I
| forth; and several parcels of land, Own f. I
nv different persons, may be iucluded IN on
t"uIth-rhst the company has not bss ~
aoie 70 acquire the estate in said lands nI
quled, and the reason of such inability w
Fitth-The names of all owners or pars. "
interested In said real estate, SO far ID N De
same are known to the applicant, must U
set forth, and II not known, that fact nm De-
be stated; copy of such application h y
notice of the time aud p ace the same Nj
| De presented, must be served on all perso' Re
named In said application, as owners e
| interested in said real estate at least A. "A 10
| days prior to the presentation of the an. se
| provided such owners so named are rs
| dents, and Can be found within the Stats P
Louisiana, and are not infants, idiots K9p
persons of unsound minds and in that a. sn
| upon their tutors. curaturs or Guardian eI
SEC. 8. Be 1t further enacted etc., N, ~
on presentation Of the application 10 M
court or judge therein named, and no ns foI
| son appearing to oppose SAID appicstO.1
and Whenever it Shall satisfactorily appea, nn
from said application, and proofs thereut nl
| attached, that service of notice Of the mi Fe
and place OF the presentation of said ami ny
cation upon all the owners and persons PIP
terested in said land has been made NJ 10
said court, or the Judge thereof, shall tOrS ou
with make an order appointing three al e.
interested and competent freehoders M y
reside in the parish where the premises N %
situated, or au adjoining parish thereto ~
Commissioners TO ascertain and appraise N y
compensation to be made to the owners pc
p rsons interested in the real estate I'M n
posed to be taken by said company for "
purposes, and shall fix the time aud Ds#
for the first meeting of said Commissioned ~
In case any person who shall be the owns Us
or who shall have u veStet interest in nj ~
premises, shall appear at the time and ps5 y
OF the presentation of such application h !
said court or judge. before making said N pl
pointment OF Commissioners, may hear AM p
person and said company in relation tosp y
persons proposed tor appointment as suc =
Commissioners, their place of residence ny
their competency and INTEREST," aud AID
such hearing, the said court or i1dp "
shall make an appointment Of tire .
Commissioners, as aforesaid. In accord y
ance with the discretion and iudgmeU "
of said court or judge In case II IA "
appear by said application that any person ~
or any OF the persons owning or interesaE y, VI
IN the said premises describe il the anil ~
cation, or any part of the same, are ID w
known to the said company, or are not res Y.
dents of the parish wherein said real estsI ces
Is situate, or eau not be ,und therein she ny
due diligence, or e inf ants, idiots, or Cd W
sons Of unslund mind, then, and in su: ~
case, the said Court or Judge, before nal I
Ing said appointment OF Commissioners =. :
shall make s1'h inquiries as to such oMM
ers and parties int rested in said premissN ~
aud shall make such orders for service y
notice upon them, or upon any persons
regard to said application, and such othe ~
order or oCdrrs in the premises as the al e
court or judge may deem II, cessa V, prope, ~ Y
aud just; a d shall thin make slch I'd ~
pOiutment of Commissioners as afuresaiAEy
and in connection Herewith make such or !
upon the owners of said premises of hIy
meeting and appra of said Comm
siOners, and the confirmation of the SAM ~
as may seem TO said Court or Judge could "
ab e aud ust. ag
SEC 6. Be it further enacted, etc, Thi W.
the Commissioners 70 apppin ed, or M 4 "
jOrity of them, shall hold their first meetn Y
at time and pace appointed by the Coul
or Judge, aud may adjourn from time
Zine at th'ir discreet on; they shall tax u
and subsc. ibe an oath before any offa !
authorized TO administer oaths in the Sal "
of louisiana to the eff ct that they su IL
each of them will impartitly, and to I'D
best Of their judgment and ability, perfotl \. :
the duties of said Commissioner. Aud sg W
one OF said Commissioners may issue g y.
penas and administer oaths to wituessa 20
Whenever they meet to take testimony
hear the parties, except by appointment "
the said Court or Judge, or pursuant to q ~
tournament, they shall cause reasonab ~
notice Of such meeting to be given to 40 p9
of the parties In interest who shall haF ai !
heretofore appeared before them, or TO thd :
agent or attorney, They shall hear ID
proofs and allegations of the parties, an 1.
reduce the same to writing, and after ~
the testimony offered in the case that In th ~
Judgment of said Commissioners is pert ".
nent to the value of s4id premises is taken ~ I
they, or u majority OF Lhem, shall wthoa ~,
delay ascertain aud determn ~
the compensation which ought Justly an w w
equitaoly to be made by the said company ~ ss
the owners or persons interested In cal - q
real estate appraised by them; and sal "a "a
Commissioners shall take into consider ~ y.
tion the advantages that tine said oEnen ~
Or persons interested in said real essa ~
may derive from the construction of ss ne
railroad. for which said real essN +
is proposed to be taken. They shall mai .rr,
! ~ fFr iFrr
whom they were appointed, which sha on
contain the proceedings in the cases beioNI me-
hem, with the minutes of the testimol
AIKEN by them, If any. and theit award an he
They shall be compensate Sea
or services as such Commissioners BIZ th Ia
,aid comnany at the rate Of 1--WE dollars pa n Y
lay for actual service. on,
Sec. Z. Be It further enacted, etc. Ita 81
N such report being made by said Con lIig
nissioners, the Court or Judge shall 81 Iuer
)oint time and place for the hearing M Il
aid company, and all partiea interested are
aid lands in regard to the condemnation l. In /,
aid report, and shall by order direct h MA,
manner and form of the service of any 10 n
ice OF the same upon any persons thati
he Judgment of the said Court or Judg n.
honld be no ihed; aud on the day of suCA W
tearing if no person shall appear % oppOs Urn
he confirmation of the said report b
anne shall be confirmed by the said COuT Tie
r Judge, and IN order shah De NADER Il
iting the proceedings of the appraisal, th s
ondrmatton of the same, aud o descl iptaN not
I the real estate, and directing to Wha b
be money or value of said real estate is y
e paid, or in what manner the same sid &c
g deposited BY said company for the "a a
nd benefit of said owners. And if aay TIC
erson shall appear to oppose the COZ NC
rmation Of said report, the said court d 11st
Idge shall hear the parties for and agains uis
lrh confirmation, and If said court or iudg Ast
hall decide In favor Of such coufirmstiolI|a
len the same proceedings shall BE- had 4 pgr