The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1871-07-01

mind, then and in such case the said court
or Judge, before making said appointment
| Of commissioners, shall make such inquiries
as to such owners and parties interested in
! said premises, and shall make such orders
| persons in regard to such application and
such other order or orders in the premises
as the said court or judge may deem ne
cessary, proper and just, and shall then
| make such appointment 8of commissioners
as atore~ad, and in connection Herewith
make such orders as to the service of any
future notice upon the owners Of said
premises, Of the meeting and appraisement
| Of said commissioners, and the confirmation
of the same as may seem to said court or
judge equitable and just.
| Sec IL. Be it further enacted, etc, That
the commissioners so appointed, or a ina
jority of them, shall hold their first meet
ing at time and place appointed by the
| court or Judge, and may adjourn from time
to time ut their discretion; they shall take
ard subscribe an oath before any officer au
| thorizrd to administer oatts in the State of
| Louisiana, to the effect that they and each
of them will ;mpartially and to the best of
their ju gment and ability perform the lu-
ties of said commissioner; and any one of
said commissioners may issue subpoenas
and administer oaths to Witnesses. When
| ever they meet to take testimo ony or hear
the parties, except by the appointment Of
the said court or judge, or pursuant to ad-
| iournment, they shall cause reasonable no.
tice of such meeting to be given to any of
the parties in interest who shall have here
| tofore appeared before them, Or to their
agent or attorney. They shall hear the
proofs and allegations Of the parties, anu
reduce the same to writing, and after all,
the testimony offered in the case that in the
! Judgment of said commissioners is pertinent
| to the value of said premises, is taken, they
or majority of them shall, without any
| unnecessary delay, ascertain and determine
the compensation which ought Justly and
| equitably to be made by said company to
the owner or persons interested in said real
estate appraised by them; and said COM
,nissioners shall take into consideration the
advantages that the said owners or persons
! interested in the said real estate may derive
from the construction Of the said proposed
railway, for which said real estate IS pro-
| posed to be taken. They shall make a re-
| port, in writing, to the court or Judge by
whom they were appointed, which shall
contain the proceedings in the cases before
them with the minutes of the testimony
taken by them, if any, and their award and
determination. They shall be compensated
for services as such commissioners by said
company at the rate of five dollars per day
| for actual services.
| Sec. 12. Be it further enacted etc, That
on such report being made by such COM
| missiontrs, the court or judge shall appoint
a time or 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 man.
ner 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-
frmation 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 appraised, the confirmation of
the same, and description Of the real es
tate, 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 the said company for the use and benefit
of said owners, and if any person shall ap-
pear to oppose the confirmation of said re-
port, the said court or judge shall hear the
parties for and against said confirmation,
and if said court or Judge shall decide in
favor of said confirmation, then the same
proceedings shall be had in the premises as
heretofore provided, in case no person ap
peared to oppose said confirmation; and if
said court or judge shall decide against said
confirmation. an order shall be entered di-
reciing said commissioners, or other COM
missioners named in said order, to proceed
| to reappraisal of the said premises, the pro-
reedings of which shall be afterward con-
Quoted as in the first instance. except that
the appraisal and report of The commission
ers in the appraisal order shall be final. and
shall be confirmed by said court or Judge :;
and the order of said court or Judge con.
frming any appraisal, as aforesaid, shall be
final and conclusive on all parties interested;
provided, that any party to said decree shall
have the right to appeal to the Supreme
Court from any decree to their interests or
the interests of those they may represent.
| Sec. Is. Be it further enacted, ETC., That
the order of said court or judge confirming
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 or
| parish court. CT the district or parish
in which the said real estate ap-
| praised shall be situated, and there shall
remain record and such order, so entered
| and filed, shall vest in said company the
lands described therein, and such estate as
may therein be set forth, on the payment or
tender of payment or deposit of the amount
of the appraisal and damages by said COM
pany, as provided in said order, or duly
certified copy thereof, with proof of such
viii viii bee be considered aJsgal evidence of the
title and estate of said company to the real
estate acquired by the appraisal by said
company under and in pursuance to this act,
and said title and estate shall be deemed to
be acquired for public use.
Sec. "A. Be it further enacted, ETC., That
the said company is hereby a,thorized to
obtain, by grant or otherwise, from any in
corporated city or village within the State
of Louisiana, that may be situated upon its
railway, any rights, privileges or franchises
that any of said incorporated cities or viii
| lagos may choose to grant in reference to
the construction, maintenance and manage
ment of the railroad of said company, its
depots, cars locomotives and its business
within the limits of such or any of said in
corporated cities and villages and any such
incorporated city or village, as hereinbefore
named, is hereby authorized and empowered
to grant to said company any such rights,
| privileges and franchises as it may deem