Year: 1871

they shall take and subscribe an
oath before any officer authorized
to administer oaths in the State of
Louisiana to the effect that they
and each of them will impartially
and, to the best of their judgment
and ability perform the duties of
said commissioner; and any one Of
said commissioners may issue sub
psenas and administer oaths to wit
nesses. Whenever theys meet to
take testimony or hear the parties,
exceptby appointment of thezsaid
court or judge, or pursuant to ad-
adjournment they shall cause reas
sonable notice of such meeting to
be given to any Of the parties in in
terest who shall have heretofore
appeared before them or 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 judg-
ment Of said commissioners is per-
tinent to the value of said premises
is taken, they or majority of them
shall without any unnecessary de-
lay, ascertain and determine the
compensation which ought justly
and equitably be made by said
company to the owner or persons
interested in said real estate ap-
praised by then; and said COM
missioners shall take into consider
alton 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 proposed to be taken. They
shall make report in writing to
the court or judge by whom they
were appointed, which shall con-
tain 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 SER
vices as such commissioners by said
company at the rate of five dollars
per day for actual services.


Sec. II. Be it further enacted,
ETC., That Oh such report being
made by such commissioners, the
court or judge shall appoint time
or place for the hearing of said
company. and all parties interested
in said lands, in regard to the con-
frmation of said report, and shall
by order direct the manner and form
of the service of any notice of the
same upon any persons that in the
Judgment of said court or Judge
should be notified; and Oh the day
Of such hearing, if no person shall
appear to oppose the confirmation
of said report, the same shall be
confirmed by the said court or
judge, and an order shall be made
reciting the proceedings of tie ap-
praised, The confirmation of the
same, and a description of the real
estate, and directing to whom the
money or value of said real estate
should be paid, or in what manner
the same shall be deposited by the
said company for the use and bene-
fit of said owners, and if any per-
son shall appear to oppose the con-
firmation of said report, the said
court or judge shall hear the par
ties for and against said confrma-
tion, then the same proceeding shall
be had in the premises as hereto
fore provided, in case no person ap-
peared to oppose said confirmation; /;
and if said court or Judge shall de-
eide against said confirmation, an
order shall be entered directed to
said commissioners, OF other COM
missiOpers named in said order; to
proceed to reappraisal of the said
premises. the proceedings of which
shall be afterward conducted as in
the first instance, except that the
appraisal order shall be final, and
shall be confirmed by said cosft or
judge; and the order of said court
Or judge confirming any appraisal
as aforesaid, shall be final and con-
elusive on all parties Interested; /;
provided, that any party to said
decree shall have the right to appeal
to the Supreme Court from any de-
cree to their inserests, or the inter-
ests of those they may represent.