The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1855-02-27

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county, and the Clerk shall thereupon
draw twelve names from such box accord.
ingly, and shall issue vsnirs in the usual
form, inserting therein the twelve names
so drawn, and requiring such jury TO meet
at the time and place appointed therefor
by the court, which said cenare may be
served by the sheriff or other proper off.
Ger of the county as in other like cases.
and If no such jury be demanded the same
shall be deemed to have been waived.
SEC. 2l. The Commissioners shall take
and subscribe the oath prescribed by the
eighteenth article of the constitution. Any
of them may issue subpenas. administer
oaths to witnesses. and majority of them
may adjourn the proceedings before them
from time 10 time, in their discretion
Whenever they meet except by the ap-
pointment Of the court, or by previous ad-
journment, they shall cause reasonable no.
tice Of such meeting to be given to the
parties who are TO be affected by their
proceedings, or the attorneys or agents OF
such parties |; they shall view the premi-
ses described in the petition. and hear the
proofs and allegations Of the parties, and
reduce the testimony, If any is taken by
! them, to writing and after the testimony
is closed in each case, and without any
unreasonable delay, and before proceeding
to the examination of any other claim, II
majority of them all being present and
acting, shall ascertain and determine the
necessity of taking and using any such real
estate or property for the purposes propos-
ed, and fthey deem the same necessary to
be taken, they shall ascertain and deter
mine the damages or compensation which
ought justly to be made by the company.
on account Of any damage, or on account
of the construction, repairing, or operating
of said railroad or its appurtenances to
the party parties owning or interested in
the real estate or property appraised by
them /; they or a majority of them shall
also determine and certify what sum ought
10 be paid to the general or special guar
: dian or committee of an infant, idict, or
5 person Of unsound mind, or TO the Clerk
of the court, to be held for an unknown
party in interest not personally served
with notice of the proceedings, and who
I has not appeared, for costs or expenses
and counsel fees. They shall make re-
port to the court by which they are ap-
pointed. signed by them, orr majority Of
then of the proceedings before them. with
D the minutes of the testimony taken by them
7 if any. Said Commissioners shall be en-.
! titled to three dollars for each day they
r are engaged in the performance OF their
r duties, 10 be paid by The company, And
3 in case jury shall be demanded end or
q derrd by the court, pursuant to section
r twenty oI this act, the said jury shall pro-
r sceeJ to ascertain and determine the neces.
siiy Of taking and using any such real es.
tate or properly. and as well the damages
E or compensation TO be paid by the com.
/ pany therefor, in th. same manner and
: with the like effect as is provided in this
\ section in the case Of Commissioners, but
, they shall all be present and act together
during the proceedings, and shall take and
/. subscribe an oath that they will Justly and
imparlialy ascertain and determine the
5 necessity of taking and using any real es
e tate or property for tie purposes proposed.
and if they deem the same necessary to
=, be taken, will ascertain and determine tue
!. damages or compensation which ought
Justly to be made by the company for the
same. And they shali be entitled to two
q dollars for each day they are engaged IN
the performance of their duties, to be also
, paid by the company.
Sec. 22. On such report being made by
r the Commissioners or jury, the court. on
: motion of the company, shall confirm the
same at the next term. or if said report is
g made aud fled during erm time. then the
q same shall be confirmed during said term.
c unless for good cause shown by either par
e ty, and when said report is confirmed, said
! court shall make an order containing re
cital of the substance of the proceedings
in the matter of the appraisal, and des-
T. cription of the real estate or property ap-
: praised, for which compensation is TO be
j made and shall also direct TO whom the
: money is to be paid, or where it shall be
II deposited by the company. Said court, as
o to The confirmation of such report, shall
have all the powers usual in other cases.
: SEQ % A certified copy Of the order
so to be made, shall be recorded at full
i lengta in the Office of the Register OF
r Deeds for said county, in the book ofdeeds
and thereupon, on the payment or deposi'
II by the sad company OF tne SUN 10 pe
paid as compensation for said land, fran
o chise or other property, ana for costs, ex.
,f penses and council fees as Aforesaid, and
S as directed by said order, the company
: shall be entitled TO enter upon and take
S possession of and use the said land, fran
c chise. and other property, for the purposes
$ its incorporation, and all persons who have
G been made parties to the proceedings. eth
d er by publication or otherwise, shall be dl-
It vested and barred of all right, estate and
II interest in such real estate, franchise or
e other property. until such right or title
J, shall be again legally vested in such own
y er and all real estate or property what
o soever, acquired by any company under
! and in pursuance of this act. for the pur-
h pose of its incorporation, shall be deemed
o to be acquired for public use. Within
n twenty days after the confirmation OF the
$ commissioners. or jury, as above provided
n for, either par y may appeal by notice 10
i writing to the other. to the supreme court