New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-05

| belongs TO the estate OF d deceased person
it may then contract therefor with the ex
| ecutor or administrator of such; or in cas-
! such lands belong to a minor or to persol
| non compoS mentis, then with his guardian
or tutor; or in case said lands be held b,
| trustees of school sections, or other trus
| tees of estates, then with such trustees o
| estates; and such executors. administrators
| guardians and trustees are hereby declared
compete Mt for such estate, person or mino
to contract with said company to use, occu
| ply and possess the lands of such estates
| persons and minors or trustees so far as ma!
| be useful and necessary for the purposes
of said railroad, and the act and deed o.
| such executors, administrators, tutors
| guardians or trustees in relation thereto
| shall pass title in such lands IN the same
| manner as if the said deed or act were made
| or done by legal owner of full age and
! sound mind; and such executor, admins
| TRAITOR tutor, guardian or trustees shall ac
! count to those interested in their respective
| bonds for the amount paid him In pursuance
! to such agreement and composition, and II
| the said company and the parties represent
| ing lands prefer, they may refer the ques
ton of compensation TO arbitrators mutu-
ally chosen, whose award, or that of their
umpire in case of disagreement, shall vest
title according to its terms.
SEC. 9. Be it further enacted, etc, That
if said company is unable to agree for the
purchase of any real estate or of the right
of way thereupon, or any estate therein re-
Quired for the purposes and uses of said
company, as provided in the last preceding
section, or is unable to obtain the title or
right of way therein, it shall have the right
to acquire title to the same in the following
manner The said company may apply to
the district or parish court of the parish in
which the lands the title wherein is sought
is situated for the appointment of commits
sieDers of appeal at any general or special
term, or to any judge thereof in vacation;
such application shall be made in writing
and signed by the president or one of the
directors of said company authorized for
that purpose, and shall substantially set
forth and state
First-The court wherein or the Judge to
whom the application is made and the char
acter of the application.
Second-The name and official character
of the person applying in behalf of the COM
pany.
Third-The metes and bounds of the real
estate which the company seek to acquire
and several parcels of land owned by differ
ent persons may be included in one appli-
cation.
Fourth-That the company has not been
able to acquire the estate in said lands re-
quired, and the reasons of such inability.
Fifth-The names of all parties or owners
interested in said real estate, so far as 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, and
notices 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, at least ten
days prior to the presentation OF the same,
nrnCIHnh
dents and can be found within the State of
Louisiana, and are not infants, idiots or
persons of unsound mind; in that case,
upon their tutors. curators or guardians.
SEC. 10. Be it further enacted, ETC., That
on presentation of the application to 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
that service Of the notice of the
time and place of the presentation of said
application upon all the owners and persons
interested in said land has been made, the
said court or judge thereof shall, forthwith,
make an order appointing three disinter-
ested and competent freeholders, who re-
side in the parish where the premises are
or an adjoining parish thereto, as
commissiC ners to ascertain and appraise the
to be made to the owners or
posed to be taken by the said company for
it's purposes, and shall fix the time and
place for the first meeting of the said
In case any person who
shall be the owner, or who shall
have vested interest in said premises shall
appear at the time and place of the presenta-
ton of said application, the said court or
Judge, before making said appointment of
may hear such person and
said company in relation to any persons
proposed for appointment as such commits
siOners, their place of residence, their com
potency and interest, and after such hear
ng the said court or judge shall make an
of three commissioners as
aforesaid, in accordance with the discretion
Or Judgment of said court or judge, in case
t shall appear by said application that any
person, or any of the persons owning or in
crested in the said premises described in
5he application, or any part of the same,
are not known to the said company, or are
lot residents of the parish wherein said real
estate is situated, or cannot be found
therein after due diligence. or are
infants, idiots, or persons OF unsound
mind, then and in such case the
'aid court or judge, before making said
appointment of commissioners, shall make
iuch inquiries as to such owners and parties
Interested in said premises, and shall make
,uch orders for service of notice upon them
II upon any persons in regard to such appli-
,ation and such other order or orders in the
premises as the said court or judge may
ieem necessary, proper and just, and shall
hen make such appointment of commits
'iesz&rs as aforesaid. 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
lppraisement of said commissioners, and
he confirmation of the same, as may seem
o said court or judge equitable and just.
SEC. ii. Be it further enacted, etc, That
he commissioners so appointed, or major
ty of them, shall hold their first meeting at
/ time and place appointed by the court or
Judge, and may adjourn from time to time
it their discretion; they shall take and sub
cIbe an oath before any officer authorized
% administer oaths in the State of Louisi-
ina, to the effect that they and each of them
will iinpartially and to the best of their
Judgment and ability perform the duties of
said commissioner; and any one of said
may issue subpGnas and ad
minister oaths to witnesses. Whenever
hey meet to take testimony or hear the
parties, except by the appointment of the
'aid court or judge, or pursuant to adjourn
nent, they shall cause reasonable notice of
such meeting to be given to any of the
parties in interest who shall have here
.ofore 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 per-
tinent to the value of said premises, is
taken, they or a majority of them shall,
without any unnecessary delay, ascertain
and determine the compensation which |
,lnf flrr I i
said company to the owner or persons inter |
asted in said real estate annraised hu them. |