New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-20


by said commissioners.
SEC. II. Be it further enacted etc, That
all persons offending against such or
dinapces shall be deemed guilty OF mis-
demeanor, and be punished, on conviction,
before the Mayor, Recorder, or any magis-
trate, by fine not exceeding tfty dollars,
and, in default of payment, by imprlson-
ment not exceeding thirty days, and the
fines collected shall be paid to the commits
sioners to be used for the park.
SEC. II. Be it further enacted, Etc, That
il shall be lawful for the commiSs .0neT5 to
put 10 work on said park all male persons
committed TO the Workhouse by any Resor-
der or Justice of the Peace, and all male
persons sentenced 10 imprisonment in the
Parish Prison by the District Court for bur-
glarY, larceny, perjury, robbery aud va
grancy. And 1t shall be lawful for the com
missiOners to establish and maintain a
bridge across the New Canal. between the
Metalrie road and the lake; provided that
it be so built as to let pass ali vessels using
said canal.
SEC. 10. Be it further enacted, etc, That
the said commissioners are hereby author
lied to purchase, receive and hoid sucn
real estate between the Metairie road and
the Lake Pontchartrain AS may be neces-
| sary and convenient in accomplishing the
objects for which said commissioners are
appointed. They may, by their agents, sur
veyors, eng neers ana servants, enter upon
all lands and tenements between the
Metairie road and Lake Pontchartrain upon
which they may conclude to establish SAID
park and survey and lay out and construct
| the same, and may agree aud contract Tor
| the land with the owner Of the land which
| they may think necessary for the park. II
| said laud belong to the estate OF any de-
| ceased person, then with the executor or
! administrator Of such. OF in case OF the
| same belonging to minor or person non
| comp0s nelatiS, then with his or her
| guardian or tutor, or in case said lands be
held by trustees OF school sections or other
representatives of estates. then with sucn
Representatives. And said executors, ad-
mlnistrators tutors, guardians and repre-
sentatives are hereby declared com,
petent for such estate, person or
minor. to contract with said commits
si0ners TO use, occupy and possess the lands
of such estates, persons aud minors, SO lar
as may be useful or necessary for the pur.
poses of the park, and the act or deed OF
such executors, administrators, tutors,
guardians or representatives II reiatlon
thereto, shall pass title i'll snch lands IN
the same manner as If the said deed or act
was made or done by a legal owner of full
age and sound mind, and such executor, adj
ministrator, tutor, guardian or representa-
tive shall account to those interested IN
their respective bonds for the amount paid
him in pursuance of such agreement anC
imposition, and if said commissioners and
the parties representing lands prefer, they
may refer the question OF compensation to
arbitrators, mutually chosen whose award
or that of their umpire, lin case OF Disagree
men), shall vest title according 10 It's
terms.
Sec IA. Be it further enacted, etc, That
if said commissioners are unable to agree
for the purchase OF any real estate required
for the use and purposes OF said commits
soners, rs provided in the preceding sec
ton, Or are unable to obtain the title thereon,
they shall have the right to obtain title of
the same in the following manner: The
said commissioners may apply TO any OF the
District Courts for the parish of Or cans for
the appointment of appraisers. The appil.
cation shall substantially set forth and
state
First-It must he entitled so as to
describe the court wherein or tue judge 10
whom the application is made, and the
character Of the application.
SPCOnd-rhe real estate which the com
missioners seek to acquire must be bed
by metes and bounds; and several parcels
of land, owned by different persons, may be
included in one application.
Third-That the commissioners have not
been able to acquire the lacd, and the
reason Of such inability.
ties interested in said real estate, so far as
the same are known to the applicant, z ust
be set forth, and if not known, that fact
must be stated COZ y Of such application,
and notice of the time and place the same
will be presented, must be served on all
persons named in said application, as
owners or interested in said real estate q
least ten days prior TO the presentation Of
the same; provided, such owners so named
are residents, aud can be found within the
State Of Louisiana, and are not infants,
idiots or persons of unsOuud mind; IL that
case upon their tutors, curat0rs or guar
dams.
Sec Is. Be 1t further enacted, etc, That
on presentation of the application 10 the
court or Judge therein named, and no per-
son 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 appii-
cation upon all the owners and persons IN
terested in said land has been made, the
said court shall forthwith make an order
appointing three disinterested and compP-
tent freeholders who reside in the city OF
New Orleans as appraisers to ascertain and
appraise the value of said lands, or COM
penssti0n to be made to those interested in
the lands proposed 10 be taken by said com.
missioners for their purposes, the appraisers
shall make a report in writing 10 the court,
and if not opposed within ten days the
same shall be confirmed by the court, and
an order shall be made reciting the proceed
ings of the appraisal, the confirmation
of the 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 by said commits
sioners for the use and bepeit OF said
owners. And if any person shall appear to
oppose the continuation Of said report, the
said court shall hear the parties tor and
against such confirmation, and II said
court shall decide against such con
firmation an order shall be entered di-
rectiDg said appraisers or o;her ap-
praisers to proceed to reap
praisal Of the said premises, and the report
of said appraisers shall be final. and shall
be confirmed by said court, and the order OF
said court confirming any appraisal as atore-
said shall be final and conclusive on all
parties interested, provided that an appeal
will lie to the Supreme Court.
Sec 16. Be it further enacted, ETC., That
the order of said court confirming an ap-
praisal of lands as heretofore provide I, or n
certified copy of the same shall be hled IN
the office of the Recorder OF Conveyances
for the parish wherein the land is situated,
and there shall remain record, and such
order SO entered and recorded shall vest in
said commissioners the lands described
therein, and such estate AS may therein be
set forth, on the payment or tender Of pay
ment or deposit OF the amount Of the ap-
praisal and damages by said company, as
provided in said order, and said order, or d
duly certified copy thereof, with proof of
such payment and deposit as therein pro
vided, will be considered as legal evidence
of the title and estate Of the commissioners
TO the real estate.