New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-10-29
ton thereafter and that tll9 chd II a said
company be made perpetual.


porated city and village, and any such in.
named IS hereby Authorized and empowe sCt
toigfaut to said Company any such rieh
privileges and franchises 90 it NAV deem
proper and advisable, and such rights,
privileges and franchises whom granted tv,
and accepted by said company, from any
such incorporated city Or will lge. shah be
deemed and taken a. rights. privileges aad
franchises vested and confirmed in, eaid
company, and not liable to be hereafter re-
voked, changed, ignored or impaired, ex-
cept with the consent Of said company
SEC. g. Be it further enacted, ETC., That
said company, being hereby authorized to
purchase, receive and hold such real estate
as may be necessary and convenient in nc.
compiishing the objects for which said COM
pany is organized, it may. by its agents,
surveyors, engineers and servants, enter
upon all lands and tenements through which
it may conclude to make such railroads,
and survey, lay out and construct the same,
and may agree and contract tor the land Or
right Of way with the owners Of the land
through which it intends to make said rail-
roads. In case said lands belongs to the
estate of any deceased person, Then with
the executor or administrator Of such or
in case Of the same belonging to a minor, or
. person non c0mpos nacMtis, then with his
land be held by trustees Of school sections
or other trustees Of estates, then with such
trustees and said executors, administra-
tors, tutors, guardians and trustees are
hereby declared competent for such estate,
person or minor, to contract with said COM
pany to use. occupy and possess the lansls
vi such estates, persons, minors or trustees,
purposes of said railroads; and the acts
and deeds Of such executors. administrators,
tutors, guardians or trustee in relation
thereto, shall pass title IN sucirlands IN
the same manner as if the said deed Or act
was made or done by q legal owner of full
age and sound mind sand sueh executor,
administrator, tutor, guardian or trustee
shall account to those interested in their
respective bonds for the amount paid him
in pursuance Of such agreeDent and com.
position, and it the said company and the
parties representing lands prefer, they may
refer the question Of compensation to arbi-
traitors mutually chosen whose award, or
that Of thei: umpire, in case Of disagree
nlent. shall vest title according to its terms.
SRC.7. Be it further enacted, ETC., That If
said company is unable to agree for the pur.
chase Of any real estate or the right of way
thereupon, or any estate therein required
for the use and purposes Of said compsny,
as provided in the preceding section, or is
unable to obtain the title OF the right of
way therein, it shall have the right to &C.
quire title Of the same, in the following
manner: The said company may apply to
the district court Of the parish in which the
land, the title therein is sought is situated,
for the appointment Of commissioners OF
appraisal at any special or general term, or
to any judge thereof in vacation. Such APP
plicatiOn shall be made in writing, aud
signed by the president or one of the direc-
tors Of said company, or by an agent Or at
tOrney of said company, authorized for that
purpose, and shall substantially set forth
and state:
First-The title, describing the court or
Judge to whom the application is made, and !
the character of the application. 4
SecOnd-The name and official character |
Of the person applying in behalf Of the COM
pany.
Third-The real estate which the company
seek to acquire Must be set forth. and sew
rral parcels Of land owned by different per
sons may be included in one application.
Fourth-Ths name OF all owners. or par
hes interested in said real estate, so far az
the same are known to the applicant. must
be set forth and if not known that fact
must be stated: a copy Of such application.
md notice of the time and place the same
will be presented, must be served on all
persons named in said application as own
rs or interested in said real estate, at least
EN- days prior to the presentation Of the
same, provided such owners 80 named are
and can be found within the State
# Louisiana, and are not infants, idiots or
persons of unsound mind. in that case upon
heir tutors, cufat0rs or guardians.
SEC. 8. Be 1t further enacted. ETC., That
N presentation Of the application to the
court or Judge therein named, and no per-
on appearing to oppose said application,
md whenever it shall satistaet Oriiy appear
anil ovlv,1S
lttached and service OF notice Of the time
md place of the presentation of said appl,- I
alton upon all the owners and persons in
crested in said land has been made, the
aid court OF the judge thereof shall forth.
With make an order appointing three disin-I
crested and competent freeholders. who
eside in the parish where the premises are
~ situated, or in an adjoining parish there
o, as commissioners to ascertain and ap-sf
raise the compensation to be made to the
wners or persons interested in the real
state proposed to be taken by the said
Ompany for its purposes. and shall Tx the
ime and place for the first meeting Of said
In case any person who
hall be the owner, Or who shall
ave q vested right or interest in |
aid premises, shall appear at the time
ation the said court or judge, before max
lg said appointment Of commissioners,
lay hear such person and said company in
elatlOn to any persons proposed for ap-
as such commissioners, their ,
lace Of residence, their competency and
lterest, and after such hearing tue said ! I
ourt or judge shall make an appointment OIL
lree commissioners, as aforesaid, in accord !
nee with the discretion and Judgment
said court or judge. In case it shall ap-
ear by said application that any person, or /
~ OF the persons owning or Interested in |
nd premises described in the application, !
any part Of the same, are not known to
re said company, or are not residents Of =
ed, or can not he found therein after due y
ligence, or are infants. idiots or persons of :
lsound mind, then and in such case the
I'D court or judge. before making said az
ointment of commissioners, shall make :
lch inquiries as to such owners and parties
terested in such premises, and shall make 7
Ich orders for service Of notice upon them, =
upon any person in regard to said appli- :.
ti0n. and such other order or orders in y
e premises as the said court or judge may =
'em necessary. proper and just, and shall I
en- make such appointment Of commits I
,ners. as aforesaid; and in connection =
erewith make such orders as to the ser, =,
ce Of any future notice upon tile owners :.
said premises, Of the meeting and ap- 4
lntment OF said commissioners, and the g g
id court or judge equitable and Just. .
SEC. 9. Be it further enacted, ETC.. That n
commissioners 50 appointed. or q ma y
1ty OF them. shall hold their first meet al
at time and place appointed BY the D,
urt or judge, and may adjourn from time :,
time at their discretion; they shall take Il;
Il auhScriha RI hofo,o -