The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-04-01
THE NEW ORLEANS DEMOCRAT, MONDAY APRIL /, 1873.

ceeding, and II, on such hearing, the courtor
company ought to be granted it shall 80 adj
Judge, and shall make and cause to be en-
tered an order to that effect, and appointing
three dsinterested and competent persons,
who shall be citizens Of this State as COM
missioners to ascertain, estimate and award
the amount of compensation which shall be
paid by said company to the several persons
interested in said lands Tor the injury or dam
age to be sustained by them by the taking
or using thereof by the said company. Such
commissioners, when so appointed, shall take
such oath as the court or Judge shall pre-
scribe, and shall make their estimate and
award and report the same to the court or
judge, in writing. within the time that
shall be fixed in the order for their
appointment They shall have all necessary
powers for dischargiDg their said duties and
the court or judge may, by it's orders, If it
shall see fit, give special directions as to their
authority and the manner in which they shall
conduct their proceedings, and they shall at
all times be subject to the order and direction
Of the court OF. Judge in discharging their said
| dhlties. The decision OF a majority OF said
commissioners, provided all shall act and con-
suit together, shall be legal and binding upon
They shall present to the court or Judge with
their report, all the evidence taken by them,
and all the facts which they, in any way, shall
have ascertained so far as material to tho
quPSblOn lnVOlVeu. ney snail receive u COM
pensation of five dollars per day, to be paid
by said company, for time actually devoted
to the discharge of their said duties.
SEC 3. BE 1t further enacted. etc. That, on
their report being made by said commission
ers, the same shall be considered at any gen.
eral or special term of the court Or in vaca-
ton by the Judge by whom the commissioners
were appointed, on five days notice by either
party, and after hearing such parties as may
then appear, the court or Judge shall make
just and proper, either confirming said re-
port, or, modifying 1t, or ordering reap
prasal by the same commissioners, Or APP
pointing new commissioners, in whole or in
part. to make such re-appraisal, and in either
case, giving such directions as to such court
or Judge shall seem just and proper.
Sec. .. BE ii further enacted, etc, That any
prrty to any such proceeding may appeal to
the Supreme Court from any final order
therein of the District Court or of any Judge
twenty days OF such final order, which appeal
may be brought to hearing at any general
or special term Of the Supreme Court, on ten
days notice by either party. The Supreme
Court, at such general or special term, may
make such order and take such further pro-
ceedIngs, or give such direction therein as it
shall see fit, and may enforce the same.
Pending such appeal, the said company may
take and hold, or retain possession of any
lands to which the said proceeding shall re-
late propided, it shall deposit such sum OF
money, or give such security, as the court, or
any Judge thereof, shall direct, as security on
such appeal
SEC 10. BE ii further enacted, etc, That every
final order of the District Court, or any Judge
thereof, from which there shall be no appeal,
and every final order of the Supreme Court
fixing the amount OF compensation to be paid
by said company ia any such proceeding, or u
certified copy OF the same, shall be filed in
the office of the Clerk of the District Court of
the parish in which the real estate affected
shall be situate, and there shall remain rec
ord, and such order, so entered and filed,
shall vest in the said company the estate or
interest In said real estate sought by said
proceeding to be acquired on the payment, or
tender of payment, or deposit, as the court or
Judge shall direct. of the amount of compen-
sation as aforesaid fixed and ordered to be
paid; and said order, or duly certified copy
thereof, with proof of such payment, tender
or deposit, shall be considered and held as
legal evidence of the right and title of said
company to such estate or interestin said real
estate. All real estate acquired as aforesaid
shall be deemed to be acquired for public use
SEC. II. BE 1t further enacted, etc, That the
said company Is empowered and authorized
to cross, intersect join and unite it's railroads
with any other railroad heretofore or hereaf-
ter constructed in the State of Louisiana, at
any point upon its route and upon the ground
of such other railroad company, with the
necessary turnouts, sidings, switches and
other conveniences in furtherance of the
objects Of it's connections. And every railroad
company In the State OF Louisiana whose rail
road shall be hereafter interSected by the
railroads of the said company, or whose rail-
road shall hereafter intersect the railroads of
the said company shall unite with it in form
ing such intersections and connections, and
in granting the facilities aforesaid; and il the
said railroad companies cannot agree upon
the points and manner of such crossing, in
tersections and connections, and the division
and apportionment of the cost and expense Of
the same between said companies, the Same
shall be ascertained and determined by com
misSioners appointed by the court, as is pro-
vided in this act, in respect to acquiring title
to real estate.
SEC. IL. Be 1t further enacted, etc, That the
said company Is empowered and authorized
to purchase or lease from any railroad com
pany or corporation its railroad and the
charter, franchises, property and appurte-
nances thereof, and maintain and use the
same as a part OF the property of the said
company; and the said company is also au-
thorized and empowered to enter into any
pany or corporation by which the capital
stock and property of such other company
or corporation shall become merged and con-
soldated with this said company and into
one joint and common stock, and be and
exist as one company, possessing and enjoy
ing all the powers, franchises, rights and
privileges granted to or vested in each and
all Of the companies so consolidated or
united by the State OF Louisiana, or by other
States, or by the United States, through
which the railroad of said company so con-
solidated and united may pass, and in case of
any such consolidation the common name of
the company so formed may be designated
and agreed upon by and between the parties
to such consolidation in their agreement
therefor, and when such name is so chosen
and adopted this company shall thereafter be
known by such name
SEC. IS. Be 1t further enacted, etc., That the
from time to time, to borrow money or to
purchase property upon it's own credit for
the purpose of constructing and maintaining
said railroads. or establishing continuous and
connecting lines of railroad, as hereinbefore
provided, and as evidence of the indebted
ness of said company for such loans or the
of such property may issue it's cor
porate bonds or promfssory notes, bearing in
eaess at sneh rate per cent per annum ana
such place or places, in the lawful money of