New Orleans Republican., 1868-10-15
NEW ORLEANS REPUBLICAN, THURSDAY OCTOBER Is 1863.

or upon any person III regard to said appli-
cation and such other Oldtr or orders in
the premises rs the said court or judge may
deem necessary, proper aud just, and shall
then make such appointment of Com
missioners as aforesaid and In
connection Herewith make such
orders RS to the service of any future notice
upon the owners of said premises of the
meeting and appraisement Of said Commls-
sioners, and the confirmation of the same
as may seem 10 the said court or Judge
equitable and Just,
SEC 8 Be ii further enacted, ETC., That
the Commissioners so appointed, or major
ity of them, shall hold their first meeting at
n time aud place appointed by the court or
Judge, and may adjourn from time to time
at their discretion; they shall take and sub.
scribe an oath before any officer authorized
to administer Oaths in the State of Louisi-
ana, to the effect that they and each of
them will impartially and TO the best of their
Judgment and ability perform the duties Of
said G lmmissioner; and any one OF said
Commissioners may issue subpenas aud ad-
minister oaths TO witnesses. Whenever
they meet to take testimony or hear the |
parties, except by the appointment Of
said court or Judge or pursuant to |
adjournment, they shall cause reasonable |
notice of such meeting to be given to any |
of the parties in interest, who shall have |
heretofore appeared before them, or to their |
agent or attorney. They shall hear the
proofs and allegations OF the parties, and
reduce the same to writing, and after all the
testimony offered in the case, that in the
| Judgment of said Commissioners is peril
nent to the value of said premises is taken,
| they, or a majority of them, shall, without
unnecessary delay, ascertain and 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 Com.
| r,iu hal tuk into Il 4
advantages that the said owners or persons
interested in said real estate may derive
from the construction Of said canal, Tor
which said real estate is proposed to be
taken. They shall make report in writing
to the Court or Judge by whom they were
proceedings in the cases before
them, with the minutes of the testimony
taken by them, if auy, and their award and
determination. They shall be compensated
for services as such Commissioners by the
said company at the rate OF five dollars per
day, for actual service.
SEC 9. Be it further enacted, etc. That
on such report being made by said Commis'
sioners, the Court or Judge shall appoint Il
time and place for the hearing of said com
pany, 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 notice of the
same upon any persons that, in the judg-
ment Of the said Court or Judge should be
notified; and on the day of such hearing, if
no person shall appear to oppose the CON
firmation OF said report, the same shall be
confirmed by the said Court or Judge, and
an order shall be made reciting the proceed
ings of the appraisal, the confirmation ofthe
same, and a description of the real estate,
and directing to whom the money or
value of said real estate is to be paid, or in
what manner the same shall be deposited
] Il g. 81, ,,,I l,rn 90
said owners, and if any person shall appear
to oppose the confirmation of said report,
the said court or Judge shall hear the parties
for and against such confirmation, and if
said court or Judge shall decide in favor OF
such confirmation, then the same proceed
in5s shall be had in the premises as hereto
! fore provided in case no person appeared 10
opposa said confirmation, and if said court
or Judge shall decide against such confirma
tion, an order shall be entered directing
said Commissioners named in said order to
proceed to a reappralsement of the said
promises, the proceedings of which shall be
aiterward conducted as lnthe hrst instance,
, except that the appraisal and report of the
Commissioners on the reappraisal order
! shall be final aud shall be confirmed by said
, court or Judge and the order OF said court
+ or Judg4 confirming any appraisal as atore.
! said small be final and conclusive on all
parties interested. ,.., ......
the order of the said Court or Judge cJu-
hrming an appraisal of lands as heretofore
provided, or certified copy of the same.
, shall be filed in the Office of the Clerk of the
District Court Of the district in which the
r slid real estate appraised shall be situated,
: and there shall remain record, aud such
, order so entered shall vest in said Company
the lands described therein and such estate
MS may be therein set forth on the payment
, or tender of payment or deposit Of the
i amount ofthe appraised aud damages bg said
Company, rs provided in said order, or n
duly certified copy thereof, with proof OF
| said payment and deposit as therein pro
! vided will be considered as legal evidence oi
! the title and estate of said Company to the
real estate described therein. All real estate
required by appraisal by said Company
|, under and pursuant to this act shall bt
= deemed to be acquired for public use.
2 SEC II. Be 1t further enacted, etc, Thai
|, = it shall be the duty OF said company, as soor
, Ms said canal is surveyed and located, to ili
u a map OF plan of the same showing the line
- ! or route OF said canal in the office of tht
Secretary Of State, who shall give notice o
a the filing of said map or plan by publica
y ton for ten days III the official journal OF tht
u State, and another copy of said map or plar
in the office of the Mayor of the city ofNev
J Orleans. All claims for land or damages 4
o the owner caused by its appropriation fo
r the construction of this canal shall be barre,
by one years prescription, which shall com
II mence from the date in which the map o
plan Of said canal are flied as aforesaid.
l. SEC. u. Be it further enacted. ETC., Tha
y said company is authorized and empowered
a from time to time, to borrow money or u
y purchase property upon its own credit TO
y the purpose of constructing and maintain
q ing said canal and appurterances, and a
evidence of the indebtedness of said CON
N pauy for such loans or the epurchase of sue
0 property, may issue its corporate bonds .
promissory notes. bearing interest at q rat
not to exceed eight per cent. per annum
= and to .secure the payment of said bond
u aud notes. may mortgage its canal, Its capi
=, tai stock, its corporate franchises, and an
le of its real or personal property, or any par
- or portion of the same; and IT may, by II
ie President, or other officers or agents dul
~ authorized by its Directors, sell, dispose q
" or regulate such bonds and notes, or ma
y sell. dispose Its capital stock
ls said capital stock being declared TO be pei
y sonal property, and transferable as sucf
Y or any of its personal property, at sue
Dr times and places, and at such rate
and for such prices, either within Q
at without the limits of this State, as In tn
le Judgment of said company or its Director
r will best advance its interests; and if sue
n, bonds, notes or stocks are thus sold at a di
D, count, such sales shall be In all respect
is valid and binding upon this company, an
,e such stock, bonds or notes shall be vail
of for the par value thereof, as If the sane ha
nd been sold at par value, ar5F 1siir b
en- SEC. l3. Be itfurther enacted, etc, Tbs
OF II any person or persons shall willfully d
ng or cause TO be done any act or acts Whai
IS, ever whereby any building, construction
es works of said Company, or any machin
.O | auo-iF1o ar afrIIcture mr. auJ matter or thiil