which the land lies, and not interested in the issue to be tried, from which list twenty-four shall be drawn and summoned to attend, on the tenth day after the date of the summons, or if that day be one of public rest, on the eleventh day after the date, and from the twenty-four freeholders, a jury shall be impanneled, which shall, by a verdict in which at least three-fourths of their number shall eoncur, determine, after hearing the parties and their evidence, what is the value of the land described in the petition with its improvements, and what damages, if any, the owner would sustain in addition to the loss of the land by expropriation. In impanneling the jury, either party may challenge for cause, but no peremptory challenge shall be allowed.

assessed by the

4. [SEC. 1482.] In estimating the value of the property to be expropriated, the basis of assessment shall be the true value which Damages, how the land possessed before the contemplated improvement was pro- jury. posed, and without deducting therefrom any amount for the benefit derived by the owner for the contemplated improvement or work.

suspend execu

5. [SEC. 1483.] Any appeal to the Supreme Court from the verdict of the jury and judgment of the lower court, made by Appeal not to either party, shall not suspend the execution of such judgment, but tion. the payment of the amount of the verdict by the company to the owner, or the deposit thereof, subject to the owner's order, in the hands of the Sheriff, shall entitle the corporation to the right, title and estate of the owner in and to the land described in the petition in the same manner as a voluntary conveyance would do. But in the event of any change being made by the final decree in the decision of the cause, the corporation shall be bound to pay the additional assessment, or be entitled to recover back the surplus paid, as the case may be.

ceeding against

6. [SEC. 1484.] If the owner of any lands, required for works of public utility, be unknown or absent, and have left no known Manner of proagent in the State, it shall be the duty of the court to appoint a absent persons. curator ad hoc to represent and act for such owner; and the price which he may be entitled to receive, shall be deposited in the State treasury, subject to his order; the receipt of the State Treasurer for the price shall vest the title in the corporation paying for the land, in the same manner, as if it were paid to the owner in

person.

7. [SEC. 1485.] If any owner shall be of opinion, that the quantity of land sought to be purchased by any corporation exceeds that which is reasonably necessary for the purpose intended by the company, it shall be lawful for him to file a special plea, setting

Quantity of land expropriated.

which may be

Exceptions to the right of appropriation.

Costs to be paid by owners in

forth this fact, and in such case the jury shall determine not only the value of the land to be expropriated, but also the extent of land over which the company may exercise the forced expropriation; the whole always subject to the decision of the Supreme Court on appeal.

8. [SEC. 1486.] The right of expropriation shall in no case extend to graveyards, nor the dwelling house, yard, garden, and other appurtenances thereof, unless the jury shall find, by their verdict, that the line of the proposed railroad or canal can not be diverted from that proposed by the company without great public loss or inconvenience.

9. [SEC. 1487.] If a tender be made by any corporation of the case of the just true value of the land to the owner thereof, before proceeding to a forced expropriation, the costs of such proceedings shall be paid by the owner.

value of the

land having

been offered before proceedings instituted.

Judgments of expropriation valid against all persons.

1869-113.

Preference in

10. [SEC. 1488.] All judgments, directing the expropriation of lands to corporations, shall be valid against all persons, married women, minors, or persons interdicted.

11. [SEC. 1489.] Whenever proceedings for the expropriation of land or other property, for the use of any corporation or public District Courts. Work, shall be stayed by injunction of any court of this State, the suit shall have preference in the District Court over all other cases except those in which the State is a party, and shall be fixed for trial on motion of either party, as soon as issue shall be joined.

Preference in
Supreme Court.

on property ex

12. [SEC. 1490.] In case any appeal shall be taken to the Supreme Court from any judgment or order in such suit, the said appeal shall be made returnable within fifteen days, and shall be taken up and tried in the Supreme Court by preference over all cases except those in which, the State being a party, preference is already given by law.

13. [SEC. 1491.] Whenever any immovable property which is Mortgages, etc., incumbered with mortgages or privileges of any kind, whether conpropriated. ventional, legal or judicial, shall be expropriated by any corporation, the same shall pass to such corporation, free and clear of all incumbrances, but the amount, decreed to be paid therefor, shall be paid by such corporation into the court by which the expropriation shall be made, and shall be a fund to be distributed to the mortgaged and privileged creditors according to their priority.

14. [SEC. 50.] Where lands shall be required for the erection of 1870-12-Extra a schoolhouse, or for enlarging a schoolhouse lot, and the owner thereof shall refuse to sell the same for a reasonable compensation, the District Board of School Directors shall have the power to

session.

Expropriation

of lands for school sites.

select and possess such such sites, embracing space sufficiently extensive to answer the purpose of schoolhouse and grounds. Should such landholder deem the sum assessed too small, he shall have the right to institute suit before any proper judicial tribunal for his claim, but the title shall pass from him to the school corporation.

FOR ROADS.

deemed public roads.

15. [SEC. 3368.] All roads in this State that have been opened, laid out or appointed, by virtue of any act of the Legislature here- 1818-54-1. tofore made, or by virtue of an order of any of the Police Juries What shall be in their respective parishes, are hereby declared to be public roads, as are also all roads made on the front of their respective tracts of land by individuals, when the said lands have their front on any of the rivers or bayous within this State. It shall be lawful for any to owners of individual, through whose land the Police Jury shall cause a public roads. road to be laid out, to claim a just compensation therefor.

Compensation

land taken for

out by a jury of

16. [SEC. 3369.] All roads, to be hereafter opened and made, shall be laid out by a jury of freeholders, consisting of not less than 1818-54-2. six inhabitants of the parish where the said road is to be made, to Roads to be laid be appointed for that purpose by the Police Jury; it shall be the freeholders." duty of the said jury of freeholders to trace and lay out such road to the greatest advantage of the inhabitants, and as little as may be Duty of jury to to the prejudice of inclosures, and assess such damages as any ages. person may sustain.

They shall take the following oath:

"I, A. B., do solemnly swear that I will lay out the road, now directed to be laid out by the Police Jury of the parish of

to the greatest ease and advantage of the inhabitants, and with as little prejudice to inclosures as may be, without favor or affection, malice or hatred, and to the best of my skill and knowledge. So help me God."

assess the dam

Oath.

sessed. how

All damages assessed by the said jury to any individual through Damages aswhose land the road may run, shall be deemed a parish charge, and paid. be paid by the Treasurer of said parish.

Nothing in this section shall be so construed as to give a right to any individual to claim damages for the laying out of a road along the front of his land, according to the former customs existing in this State; nor to affect in any manner the rights of individuals to any batture or alluvion already formed, or which hereafter may be formed on the front of any tract of land which lies on any navigable river or water course within the limits of this State; nor to

Owner may appeal from the

jury.

prevent any owner of the soil on which a public road shall pass, to resume the use and possession of such soil, whenever the said road shall have been abandoned by the public, or shall have been transferred elsewhere with the consent of the owner and with that of the competent authority.

17. [SEC. 3370.] Whenever any individual, through whose land a road laid out, as aforesaid, shall pass, may be dissatisfied with the findings of the decision of the freeholders laying out the same, either as to the course the same is to take, or to the damages to him assessed, he may have an appeal to the District Court for the parish in which said road lies; provided, he prosecute the same at the next session of the said court, after the laying out of the said road or the asssessment of the damage; and no appeal shall be set aside for want of form in bringing the sale before the courts. Injunctions to stay proceedings may be issued in said case when the case requires the

1855-367.

Powers of Police

to establishing

ferries, etc.

1. [SEC. 1501.] The Police Juries of the several parishes of the State (the parish of Orleans excepted) shall have the exclusive privJuries relative ilege of establishing ferries and toll bridges within their respective limits; of fixing the rates of ferriage and toll to be charged thereon, and of generally regulating the police of the same. This privilege shall not extend to any ferries or bridges already established, until the expiration of their charters; nor to any ferries or bridges within the control of municipal corporations; and said Police Juries shall have the right to lease the ferries within their respective parishes for any number of years, not to exceed five; and the lessees of said ferries shall give bond and security, annually, payable to the President of the Police Jury, in such sum as may be required, for the faithful performance of their duties as public ferrymen.

relative to let

ting ferries.

2. [SEC. 1502.] It shall be the duty of the Police Jury to have the letting of all ferries advertised thirty days; and they shall be let Advertisement at the courthouse in said parish, by the President of the Police Jury, to the highest bidder. Whenever there is a newspaper published in any parish, the advertisements shall be published in such newspaper. 3. [SEC. 1503.] On streams that divide parishes, the parishes to and in which such ferry boats ply shall have concurrent jurisdic- concurrent tion over such ferry; and complaints for neglect or infractions of the certain cases. charter shall be cognizable by the court of either parish.

Parishes to have

jurisdiction in

established in

4. [SEC. 1505.] The Common Council of the city of New Orleans, with the Police Jury of that part of the parish of Orleans on the Ferries, how right bank of the Mississippi river, shall have power to establish the parish of ferries across said river, in ths parish of Orleans, and to regulate the same.

Orleans.

Certain ferries,

5. [SEC. 1506.] The free right of passage or conveyance over all the public ferries, bridges and roads (except the ferries on the 1868-212. Mississippi river) which are rented out by the State or parish, or bridges and over which the State or parish exercises any control, or for which godchildre license is paid or toll exacted, be and is hereby granted to all children on foot attending free public schools, and no tolls or fees shall be demanded or exacted from said children by the keepers or attendants of said ferries, bridges or roads in their passage to or from school, between the hours of seven o'clock, A. M., and nine o'clock, A. M., and four o'clock, P. M., and six o'clock, P. M.; provided, that on Sundays and school holidays no scholar shall have the right to cross such ferries, bridges or roads on terms different from those of any ordinary passenger.

to take effect.

6. [SEC. 1507.] This act shall have effect from and after the establishment of free public schools throughout the State, and it When this act shall not apply to any lessee of a public ferry whose contract or lease was made previous to the date of this act.

tra session.

pass ferries free

7. [SEC. 88.] The keepers of all ferries allowed to collect tolls, either under authority of the State or of the parishes, must pass all 1870–164-Expersons subject to militia duty, going to or returning from muster, Militiamen to their horses and equipage, free of toll; and if they delay them unne- to and from cessarily, shall be subject to a fine of not less than ten dollars, to be recovered by any person, before a competent tribunal, for the use of the fund of the regiment in which the muster took place.

muster.