The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-03-10

W.
wants enter upon all lands and tenemsntH
through which IL may conclude 10 make such
railroads, and survey, lay out and construct the
same, and may agree and contract Ter the iana,
or right OF way, with the owners of the iand
| through which il intends TO make said roads. In
case said lands belong to the estate OF any de-
ceased persons, then with the executor OF admin
istrator Of such. or Ia case OF the same belonging
to minor, lor person non oon.pos menus, .heh
held by trustees Of school seetions or other trus
| tees OF Estates, then with such trustees. And
said executors, administrators, tutors, guardians
and trustees are hereby declared competent ior
| such estate, person or minor, to contract Will
said company, to use, occupy and possess the
lands of such estates, persons, minors or trus-
tees, 80 Tar 40 may BIO necessary, for the pnr.
pose OF said right OF way OF said railroads aud
the act and deed OF such executors, administra-
tors tutors, qua, dams OF trustees In relation to
the said right Of way OF railroads shall pass
| title TO said right OF way In such lands. In the
same manner ne if the said deed or act was made
or done by legal owner. OF full age and sound
mind and such executor, administrator, tutor.
guardian or trustee shall account to those inter.
ested ia their respective bonds for the amount
| paid him In pursuance OF such agreement and
composition and IL tho Haia company and the
parties representing lands prefer they may refer
the question OF compensation to arbitrators. mu-
| tusy chosen, whose award, or that OF their utn-
pire lin case Of dissgreement), shall vest title
according TO it's terms. !.
HEU. IL, Be u further enacted, etc., That IL
said company 10 unable TO agree for the purchase
| OF any real estate, or the right OF way there
upon, or any estate therein, required for the nHs
aDd purposes OF said company. as provided In
the preceding section, or 10 unable to obtain the
titles or right or way therein, 1t shall have the
right TO acquire title TO the same In the follow
Ing manner: The sid company may apply to the
District or Parish Court OF tho parish In which
the land-the title wherein il aought-is stu.
ated for the appointment OF commissioners OF
l a.uI tx.
any Judge theref, in vacation; such application
shall BIO made In writing. and signed by the
President or one Of the directors OF said COM
psny, or by an agent or attorney Of said COM
pany. authorized for that purpose. and shall cub"
stRntally set forth and state
First-It must be entitled 30 90 to describe the
court wherein, or the judge TO whom. the appli-
cation is made and the character Of the applica-
ton.
Seeond-The name and official character of the
person applying in behalf Of the company must
Third-The real estate which the company
seeks to acquire must BIO described by metes and
bourds, aud the estate therein which the som.
pRny seeks TO acquire, must BIO got forth;
and several parcels OF land, owned by diff rent
persona, msy be included in ono application.
Fourth--fhat the company haB not been aeie
10 acquire the estate in said lands required and
the reason OK suon inability.
Flfth--The names OF all owners or parties in
terested In said real estate, far as the same are
known to the applicant, must be set forth: and Ii
not known that fact must be stated. copy OF
snth application, aud notice OF the time and
place the same will be presented, must be served
on all persons named 10 said application as own.
era or Interested in said real estate. at least ten
days prior to the presentation OF the same, pro-
weed such owners 30 namtd are residents, and
can be found within the State of Louisiana, and
are not infants, idiots, or persons OF upsoupd
mind, and in that case upon their tutors. curs-
tors or guardians,
SEQ. 10. De ii further enacted, eto., That on
presentation Of the application OF the court or
Judge therein named, and no person appearing
" oppose said application. and whenever 1t ehall
satisfactorily appear, from said application, and
proofs thereunto attached, that service of notice
OF the time aud place Of the presentation OF said
applications, upon oil the owners and persons in-
terested in said land. has been made, the said
court or the judge thereof shall forthwi b make
al order, appointing three disinterested and
competent fresholders, who reside in the parish
where the premises are situated, or an adjoining
parish thereto, rs commissioners, 10 ascertain
and app aise the compensation to be made to the
owners or persons interested in the real estate
proposed to be taken by said company for its
purposes, and shall fix the time and place for the
tirst meeting OF said commissioners. La
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 presen-
tahon OF such application, the said court or judge
before making said appointment OF COM
mtssioners, may hear such person, and
said company, Ia relation to any persons pro-
posed for appointment as such commissioners,
their place OF residence, their competency and in
terest; and after such hearing, the said court or
judge shall make an appointment OF three COM
missioners as aforesaid, in accordance with sthe
discretion and Judgment OF said court or judge.
In case 1t shall appear by said application that
any person, sr any Of the persons owning or in-
terested In SAID premises described in the appli-
cation, or any part of the same, are not residents
OF the parish wherein sad 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 said court or Judge,
before making said appointment of commission
ers, shall make such inquiries as to such owners
and parties interested in said premises and shall
make such orders for service of notice upon them,
or upon any persons in regard to said application,
and such other order or orders in the premises,
rs the said court or judge may deem necessary,
proper and Just, and shall then make such APP
pointment of ommssioners, rs aforesaid; and In
connection Herewith, make such orders as to the
service of any further 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. 10. Be il further enacted, etc., That the COM
missloners 80 appointed, Or q majority OF them,
shall hold their first meeting At q time and place
appointed BY he court or judge, and may adjourn
from time to time at their discretion. They shall
take and subscribe an OATH before any officer
authorized to administer osths in the State OF
Louisiana, to the effect that they and each Of
them will, impartally and to the best of their
judgment and ability, perform the duties OF said
commissioner. Any one of said commissioners
msy issue subpenas and administer oaths to
witnesses. Whenever they meet to take testi-
mony or hear the parties, except by the appoint
ment OF the said court or judge, or pursuant to
adjournment, they shall cause reasonable notice
Of such meeting, to be given to any of the parties
in interest who shall have heretofore appeared
before thera, or to their agent or attorney. They
shall hear the proofs AID allegations of the
parties, and reduce the SAM 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 unnecessary
delay, ascertain and determine the compensation
which ought Justly and equitably to be made by
the said company 10 the owners or persons inter
ested in said real estate appraised by them; and
said commissioners shall take into considers alton
the advantages that the said owners or persons
cd in aatata derive frnrso