Year: 1871

pensation to be made to the owners or per-


sons interested in the real estate proposed


to be taken by the said company for its pur


poses, and shall fix the time and place for


the first meeting of said commissioners. In


case any person who shall be the owner, or


who shall have vested right or interest in


said premises, shall appear at the time and


place of the presentation of such application,


the said court or judge, before making said
appointment of commissioners, may hear


such person and said company in relation


to any persons proposed for appointment


as such commissioners, their place OF resi-


dence, their competency and interest," and


after such hearing the said court or judge


shall make an appointment Of three commits.


sioners, as aforesaid in accordance with the


discretion and judgment of said court or
Judge. In case it shall appear by said ap-


pllcation that any person, or any OF the per-


sons owning or interested in said premises


described in the application, or any part of


the same. are not known to the said COM


pany, or are not residents Of the parish


wherein said real estate is situated, or can


not he 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 commissioners, shall make such inquiries


as to such owners and parties interested in


such premises, and shall make such orders


for service of notice upon them, or upon any
person in regard to said application, and


such other order or orders in the premises


as the said court or judge may deem ncces-


sary, proper and just, and shall then make


such appointment of commissioners, as


aforesaid; and in connection Herewith make


such orders as to the service Of any future


notice upon the owners of said premises, CT


the meeting and appointment of said COM


missloners, and the conformation ofthe same


as may seem to said court or judge equita-


bic and just.


SEC. 0. Be it further enacted, etc, That
the commissioners so appointed, Or a ma
jority of them, shall hold their first meeting
at time and place appointed by the court


or judge, and may adjourn from time to time
at their discretion; they shall take and sub.
scribe an oath before any officer authorized


to administer oaths in the State of Louisi-


ana, to the effect that they and each of them
will impartialy and to the best Of their
!! Judgment and ability perform the duties ot
said commissioners and any one of said
: commissioners may issue subpmnas, and
administer oaths to witnesses Whenever
they meet to take testimony, or hear the
parties, except by the appointment Of said
J 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 them, or to their agent or attorney


They shall hear the proof and allegations o
t the parties, and reduce the same to writing
} and after all the testimony offered in the
e case that in the judgment of the said com,
missoners is pertinent to the value Of sale
: premises as taken, they, or majority o
/, them, shall, without unnecessary delay, as
r certain and determine the compensation
! which ought justly and eqnitab}y to be made
/ by said company to the owners or person:
/ interested in said real estate appraised BY
t them, and said commissioners shall taxi
n into consideration the advantages that th'
n said owners or persons interested in sait
Y real estate NAV derive from the construction
+ of said railroad, for which said real estat
e is to be taken and that in estimating th
: value Of the property, as aforesaid, to b.
n appropriated, the basis of assessment shal
y be the true value which the land possessed
s before the contemplated improvement wa
d proposed, and if a tender be made to tn
S owner OR owners thereof before proceedin;
It under the provisions of this act, the cost 0
It such proceedings shall be paid by the oWne
S or owners. They shall make report il
r writing to the court or judge by whom the,
= were appointed, which shall contain the pre-
d ceedings in the case before them, with tn
l. minutes of the testimony taken by them,
: any, and their award and determination
b They shall be compensated for services a
d such commissioners by the said company
# at the rate of five dollars per day for actua
r, service.


e Sec. 10. Be it further enacted, etc
$ That on such report being made by sal
u !. commissioners, the court or Judge shall ap
l. point tine and place for such hearing c
: said company and all parties interested i
: said lands in regard to the confopnatio
y of said report, and shall by order direc
II the manner and form of the service of an
L notice of the same upon any person that


in the judgment of the said court or judge
1t should be notified and on the day of sue
e hearing, if no person shall appear to oppos
If the conformation of said report, the sam
l. shall be confirmed by said court or judge
l. an order shall be made recitng the Pre-
], ceedings of the appraisal, the conformatio
1t of the same, and a description of the re;
o estate, and directing to whom the none
& or value of said real estate is to be paid, c
o in what manner the same shall be deposite
le by said company for the use and benefit {
!, said owners; and if any person shall appea
D. to oppose the conformation of said repor
10 the said court or Judge shall hear the spar
j. ties for and against such conformation an
d if said court or judge shall decide in fave
of of such conformation, than the same pre-
Of cecdngs shall be had in the premises 6
e. heretofore provided In case no perso
}: appear to oppose said conformation, and
,r said court Or judge shall decide againI
ID such conformation, an order shall be entere


directing said commissioners, or other CON
er missioners named in said order, to proceed t
H. a re.appraisal of the said premises, the pre-


ceedings of which shall be afterwards cor
a. Quoted as in the first instance, except tn;
ID the appraisal and report Of the commits
ut sioners on the reapprasal order shall /
n. final, and shall be confirmed by said cou
es or Judge; and the order of said court
1e Judge, confirming any appraisal as afort
% said, shall be final and conclusive on a
st parties to said decree; provided, that an
I'd party shall have the right of appeal to tt
i'll Supreme Court from any decree adverse
MS their interest or the interest of those the
D. represent; that any appeal to the Suprcn
Us Court from the decree of the district cou
o. Or Judge, made by either party, shall n
s. suspend the execution of the Judgment, b,