62. [SEC. 11.] All persons, offending against such ordinances, shall be deemed guilty of misdemeanor, and be punished, on con- Offenders. viction before the Mayor, Recorder, or any Magistrate, by a fine not exceeding fifty dollars, and, in default of payment, by imprisonment not exceeding thirty days, and the fines collected shall be paid to the Commissioners to be used for the Park.

63. [SEC. 12.] It shall be lawful for the Commissioners to put to work, on said Park, all male persons committed to the workhouse Prisoners to work on park. by any Recorder or Justice of the Peace, and all male persons sentenced to imprisonment in the parish prison by the District Court for burglary, larceny, perjury, robbery and vagrancy. And it shall be lawful for the Commissioners to establish and maintain a bridge across the New Canal, between the Metairie road and the lake, provided that it be so built as to let pass all vessels using said canal.

64. [SEC. 13.] The said Commissioners are hereby authorized to purchase, receive and hold such real estate between the Metairie Real estate. road and the Lake Pontchartrain, as may be necessary and convenient in accomplishing the objects for which said Commissioners are appointed. They may, by their agents, surveyors, engineers and servants, enter upon all lands and tenements between the Metairie road and Lake Pontchartrain upon which they may conclude to establish said Park, and survey and lay out, and construct the same, and may agree and contract for the land with the owner of the land which they may think necessary for the Park. If said land belong to the estate of any deceased person, then with the executor or administrator of such, or in case of the same belonging to a minor or a person non compos mentis, then with his or her guardian or tutor, or in case said lands be held by trustees of school sections or other representatives of estates, then with such representatives. And said executors, administrators, tutors, guardians and representatives are hereby declared competent for such estate, person or minor, to contract with said Commissioners to use, occupy and possess the lands of such estates, persons and minors, so far as may be useful or necessary for the purposes of the Park; and the act or deed of such executors, administrators, tutors, guardians or representatives in relation thereto, shall pass a title in such lands in the same manner, as if the said deed or act was made or done by a legal owner of full age and sound mind; and such executor, administrator, tutor, guardian or representative shall account, to those interested in their respective bonds, for the amount paid him in pursuance of such agreement and composition; and if said Commissioners and the parties representing lands prefer, they may refer the question of

ated.

compensation to arbitrators, mutually chosen, whose award or that of their umpire, (in case of disagreement) shall vest title according to its terms.

65. [SEC. 14.] If said Commissioners are unable to agree for How expropri. the purchase of any real estate, required for the use and purposes of said Commissioners, as provided in the preceding section, or are unable to obtain the title thereon, they shall have the right to obtain title of the same in the following manner: The said Commissioners may apply to any of the District Courts for the parish of Orleans for the appointment of appraisers. The application shall substantially set forth and state

Appointment

First-It must be entitled so as to describe the court wherein, or the Judge to whom the application is made, and the character of the application.

Second-The real estate which the Commissioners seek to acquire must be described by metes and bounds; and several parcels of land, owned by different persons, may be included in one application.

Third-That the Commissioners have not been able to acquire the land, and the reason of such inability.

Fourth-The names of all owners or parties interested in said real estate, so far as the same are known to the applicant, must be set forth, and if not known, the fact must be stated. A copy of such application, and notice of the time and place the same will be presented, must be served on all persons named in said application, as owners or interested in said real estate, at least ten days prior to the presentation of the same; provided, such owners so named are residents, and can be found within the State of Louisiana, and are not infants, idiots or persons of unsound mind; in that case, upon their tutors, curators or guardians.

66. [SEC. 15.] On presentation of the application to the court or Judge therein named, and no person appearing to oppose said of appraisers. application, and whenever it shall satisfactorily appear from said application and proofs thereunto attached, that service of notice of the time and place of the presentation of said application upon all the owners and persons interested in said land has been made, the said court shall forthwith make an order appointing three disinterested and competent freeholders, who reside in the city of New Orleans, as appraisers, to ascertain and appraise the value of said lands, or compensation to be made to those interested in the lands proposed to be taken by said Commissioners for their purposes; the appraisers shall make a report in writing to the court, and, if

not opposed within ten days, the same shall be confirmed by the court, and an order shall be made reciting the proceedings of the appraisal, the confirmation of the same, and a description of the real estate, and directing to whom the money or value of said real estate is to be paid, or in what manner the same shall be deposited by said Commissioners for the use and benefit of said owners. And if any person shall appear to oppose the confirmation of said report, the said court shall hear the parties for and against such confirmation, and if said court shall decide against such confirmation, an order shall be entered directing said appraisers or other appraisers to proceed to a re-appraisal of the said premises, and the report of said appraisers shall be final, and shall be confirmed by said court; and the order of said court, confirming any appraisal, as aforesaid, shall be final and conclusive on all parties interested; provided, that an appeal will lie to the Supreme Court.

confirming ap

filed in the of

fice of Record

er of Convey. ances.

67. [SEC. 16.] The order of said court confirming an appraisal of lands, as heretofore provided, or a certified copy of the same Order of court shall be filed in the office of the Recorder of Conveyances for the praisal to be parish wherein the land is situated, and there shall remain a record; and such order, so entered and recorded, shall vest in said Commissioners the lands described therein, and such estate as may therein be set forth on the payment or tender of payment or deposit of the amount of the appraisal and damages by said company, as provided in said order; and said order, or a duly certified copy thereof, with proof of such payment and deposit, as therein provided, will be considered as legal evidence of the title and estate of the Commissioners to the real estate.

68. [SEC. 17.] Said Commissioners may drain into the New Canal all the lands constituting the Park; and in case they should Drainage. determine to do their own drainage, the said lands shall not be liable to any drainage tax.

debtedness.

69. [SEC. 18.] The said Commissioners are authorized and empowered, from time to time, to borrow money for the purpose of To borrow constructing said Park, and, as evidence of the indebtedness of said money-inCommissioners for such loans, they may issue their corporate bonds or promissory notes, bearing interest at a rate not to exceed eight per cent. per annum; and, to secure the payment of said bonds and notes, may mortgage its real and personal property, as well as the land now belonging to the city of New Orleans, known as the City Park; and the said Commissioners may sell, dispose of, or negotiate said bonds or notes, at such times and places and at such rates and for such prices, either within or without the limits of this State, as

value.

in their judgment will best advance their interests; and if such bonds or notes are thus sold at a discount, such sale shall be in all respects valid and binding for the par value thereof, as if the same had been sold at par 70. [SEC. 19.] Said Commissioners of the New Orleans Park Suits by and can sue and be sued, and service of process can be made only by against the Commissioners. service of the same on the President, or at their office on the Secretary, or one of the Commissioners, at the office of the Commissioners. 71. [SEC. 20.] This act shall be favorably construed, so as to How construed favor all the purposes and objects of the same, and the operation of the provisions thereof, and shall take effect from and after its passage.

1. [SEC. 2491.] The Governor of this State be, and he is hereby authorized to appoint, by and with the advice and consent of the Senate, as many Notaries Public in the different parishes of the State, as may be deemed necessary.

1861-91.

The Governor

to appoint as Public as may

many Notaries

be deemed necessary.

Powers of

2. [SEC. 2492.] Notaries Public shall have power, within their several parishes, to make inventories, appraisements, partitions; to 1855-322. receive wills, make protests, matrimonial contracts, conveyances, Notaries, and, generally, all contracts and instruments of writing; to hold family meetings and meetings of creditors; to receive acknowledgments of instruments under private signature; to affix the seals upon the effects of deceased persons, and to raise the same; and all acts executed by them, in conformity with the provisions of article two thousand two hundred and thirty-one of the Civil Code, shall be authentic acts.

3. [SEC. 2493.] They shall have the right to administer oaths, quoad the duties of their office, and such oaths as may be necessary Oaths they to enable citizens of the United States to procure their protection ister.

may admin