The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-10-16
changed. injured or impaired, except xith the

changed, injured or impaired, except with the
consent Of said company.
6everth-fhat the said company, !. hereby au-
tborized to construct and build shell! road along
tbeline ofssd csnsi and to collect toll for ID
SEC. l. Be further enacted: &C.. 1has 9 q
corporation shan have special non or privilege
on al vessels and csrgoes for the psyment o. Any
tolls or charges that may DO oue ior nsS'Esuns
Second-Any person or corporation may use the
said canal for drainage purposes on such terms
and conditions q may be sgresc upoa a oesv ken
they shaIi each select two l2) competent persona,
Who Jointly shall choose another, together With
whom sban form board Of Arbitration to de-
termine the amount tnst sa'o co@Ps1y snsn a.. %
auesfions At issue that the parties named may sub
NIT for their or bitration, and the decison (msde
in vritine) of said board of arbitration, one copy
of which shall be served on said company and one
copy on the other person or corporation interest
81 fh bird said company shah be required
10 build bridges over said canal with suitable
draws to admit the passage Of any vessel or boat
navigating the same for al roads or streets and ct
such points on said canal a. may be selected by
the corporate authorities Of the corporation
through which said canal may be located, not 70
exceed fifteen bridges In all the said bridges
shall be constructed under the supervision OF 2
competent engineer and approved BY an engineer
appointed By the city Of New Orleans.
SEC. s. Be ii further eadcted. CO., Inat ssid
receive and hold such real estate ss may be ne
cessary and convenient tn accomplishing the
object for which the company 10 organised ana
may by in sgents surveyors; engneess e ,ho EN-,
which 1t may conclude to make such canal and
survey, lay out and construct the same; and they
shall agree and contract for The land or rlgnt OF
way with the owners OF the land: Tor SIX nunorea
feet on each side Of the center Of said canal, and
forever Sexprupriuto the-ss.s throngh which II
intends 70 make said canal. In case said lands
belong to the estate of any deceased persons,
then with the executor or administrator OF such,
or in case the same belong to minor or person
NON co1npos rpents then with his or her guardian,
subject TO the approval OF the proper court OF
probate jurisdiction in case OF successons, minors
or persons non cofnpos nsentis or In case SAID
lands may be held by trustees Of school sections,
or other trustees of estates, then with such uus-
| tees and said executors, administrators, guar
dians and trustees are hereby declared competent
said Company, use, occupy and possess the lands
of such estates, persons. minors or trustees. and
| the act and deed Of such executors, administra-
| tors guardians or trustees, In relation thereto,
shall pass title In such lands In the same manner
| as II the said deed or act was made or done by
/ legal owner or run ugo sud SQUAD mind, esd sucn
| executor, administrator guardian or trustee shall
| account to those interested In their respective
| bonds for the amount paid them in pursuance Of
] such agreement and composition, and II the said
I company and the parties representing lands pre-
| fer, they may refer the question OF compensation
| aTDltr0tOr0
that of their umpire Gin case of disagreement)
| shall vest title according TO it, terms.
| SEC. 6. Be q further enacted, etc.. ThatI II
| said company il unable to agree for the purchase
of any real estate or the night OF way tnereuPon'
poses Of said company. as provided In the proceed.
ing section, or il unable for any cause to obtain
the title or right Of way therein, 1t shall have the
right TO acquire title of the same In the following
manner: The said company may apply to the
proper district court for the parish in which said
property is situated for the appointment of com.
| missioners of appeal at any general or special
or to any Judge thereon ~ s suca I I
the president and one of the directors Of said
company, or by an agent or attorney OF said com
pany authorized for that purpose, and shall SUBJ
First-.It must be entitled 90 as to describe the
court wherein or the Judge 10 whom the applica'
ton is made, and the character Of the appiica'
Second-The name and official character of the
pe rson applying must be stated.
Third-1he real estate which the company seek
to acquire must be described by metes and
bounds, and the estate therein which the company
seek to acquire must be set forth, and several par
cells of land owned BY different persons may be In
cluded in one application. f1se.
Fourth-Thst the company has not been able to
acquire the estate in said lands required, and the
Fiftb-The names Of all owners or parties in
terested in the said real estate, far as the sams
are known 10 the applicant, must be set forth
and II not known, the fact must De stated copy
of such application and notice of the time ant
place the same will be presented must be served
on all persons named In said application as owner
or interested In said real estate. at least nve day
prior to the presentation OF the same, provide'
| such owners so named are residents and can b'
| found within the State of Louisiana, and are MOI
infants. idiots or persons of unsound mind.
SEc.s7 Be IL further enacted. etc., That Of
| presentation of the application to the court o
4 - .oxoU Arrra InH
Sonpose said application, and whenever 1t shall
satisfactorily appear, from said Application ant
proofs thereunto attached, that service OF notic
Of the time ard place of the presentation OF SAL
in said land has been made, the said court or tn
Judge thereof shall forthwith make an order ap
| pointing three disinterested and competent per
sons, who reside in the parish where the premise
are situated or the adjoining parish thereto. o
Commissioners, to ASCERTAIN and appraise tn
compensation to be made to the owners or pei
sons interested in the real estate proposed 70 Q
taken by said company for iu purpose ana sna
fix the time and place for the FIRST meeting Of sal
commissioners In case any person who shall D
the owner or who shall have vested interest in sal
| premises shall appear ct the time and plac
| Of the presentation Of said application. The sal
court or Judge before making said appointmen
! of commissioners may hear such person or sal
} | company in relation to any persons proposed TO
> appointment % such commissioners, their place o
residence. their competency and interest and ate
/
B an appointment of three commissioners as sfore
said, in accordance with the discretion and jude
ment of said court or judge; In case it shall az
pear by said application that any person or an
: other persons owning or Interested In the sal
I premises described in the application or any par
, | of the same are not known to the said company
or are not residents of the said parish In whic
I the real estate is situated, or cannot be foun
therein after due diligence, or are infants, IDIOT
or persons of unsound mind. then and in sue
. case the said court or judge before making sal
, appointment of commissioner, shall make sue
inquiries az to such owners or parties intereste
D in said premises. and shall make such orders TO
D service of notice upon them or upon any perso
in regard to said application, and such other ords
or orders In the premises % the said court Z
Judge may deem necessary, proper and just, an
shall then make such appointment OF commission
ers as aforesaid, and In connection herewith max
such orders o. TO the service Of any future motto
! upon the owners Of said premises Of the meetin
and apprsisement of said commissioners, and To
confirmation of the same as may seem to the sal
court or Judge equitable and inst.
SEC. s. Be IL further enacted, ETC., That ID
commissioners 20 appointed, or Q majority {
r them shall hold their first meeting at time an