The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1858-04-30

officer Of such city or village, directing
him to summon and return a jury of
twelve fpceholders to appear before such
Clerk or Recorder at time to be therein
stated to inquire into the necessity of
taking said lands or premises and the just
compensation therefor to the owners Of
or to those interested in said lands and
premises, which jury shall be duly sworn
by such Clerk or Recorder faithfully
and impartially to inquire into the neces-
sity of taking such lands or premises and
the just compensation to be made there
fore.
Sec 81 The said jury shall then pro-
cced to view the lands and premises pro-
posed to be taken for such city or village
to take such lands or premises for the
public use, shall inquire and assess such
damage and recompense as they think
proper 10 award to the owners of sueh
lands and premises according to their re-
spective estates theerin, and the said Clerk
or Recorders shall, upon the return of
such assessment or verdict report the same
to the corporate authorities of sach city
or village at their next meeting and the
said corporate authorities may thereupon
enter an order confirming the same, or
may refuse to confirm the same and order
another jury to be summond in the man
ner aforesaid aud such second jnry, when
summoned and sworn as aforesaid, shall
proceed to inquire into the necessity OF
taking such lands and premises for the
public use, and assessed such damages as
aforesaid.
Sec 81. If one or more of such jnrors
shall fail to attend at the time and place
mentioned in the scnire .facias, the JUS
tce, Clerk or Recorder, before whom
such jury was summoned TO appear, shall
order the Constable, Marshal, or person
summoning such jury, forthwith to sum-
non sufficient number of talesmen to
make up said jury.
Sec 33. The damage or compensation
so assessed by said jury, together with the
costs and expenses Of such proceedings,
shall be assessed levied and collected
upon the property of such city or village
in the same manner as other taxes or
moneys are levied such damage and
recompcnse shall be paid or rendered to
the claimant or persons entitled thereto,
before such street common, lane, alley or
highway shall be opened, established or
altered; when the DANCES aforesaid shall
have been paid or teaaered to sl,c person
or persons entitled thereto it shall DC law
full for the corporate authorities Of such
city or village to cause the said lands and
premises to be used and occupied for the
purposes aforesaid.
Sec. 81. The Clerk or Recorder afore-
said may, instead of procuring the sum.
moning of jury as hereinbeforc provided
make an application to a Court Of Record
for the appointment Of three Commission
ers, whose duty it shall be to ascertain and
determine the necessity of taking the pro-
perty described in such application and
to appraise the damage thereon, if any
is claimed such application shall be in
writing and describe the premises propos-
ed to be taken for such purpose, and no
tice thereof shall be given at least FIVE
days prvious to the time of making such
application, to what court such application
will be made and time of making the
same, to the owner or occupant Of tho
lands described in the application, his,
her or their agent or attorney, and such
notice may be given by the commissioner
of Highways, Clerk or Recorder, as the
case may be, in the manner provided in
section four of this act.
Sec. 35. The commissioners so appoint
cd shall, before they proceed to the per
formance of their duties prescribed in
the proceeding section be sworn to asccr-
tanned and determine the necessity for
taking the property described in the ap-
plication, justly and impartially to apprais,
the damage thereon, if any is claimed
such commissioners shall then proceed to
view the premises proposed to be taken
for the public use, and shall, within five
davs thereafter make return Of their do
ings in writing, signed by them, to the
township city or village Clerk or Record
er, which return shall state, if such high
way. street common, lane or alley is laid
out or altered, the necessity therefor, the
amount of damage appraised and to whom
payable, if known and shall be filed in
the Office of the township city or village
Clerk or Recorder the Commissioner SO
appointed shall be entitled to receive the
same compensation as jurors arc entitled
to under the provisions of this act.
Sec So Jurors who have been rcgu-
larly summoned under the provisions of
this act who shall, without good cause
shown therefor, neglect or refuse to ap-
pear and act in pursuance of said sum-
mons, shall forfeit the sum of five dollars,
to be recovered by action as other forfeit
urcs to townships.
Sec 81 The commissioners of High
ways of the several townships may cause
statement to be presented at the annual
township meeting of the improvements
necessary to be made in the roads and
bridges in such townships for the ensuing
year, and an estimate of the probable
expense thereof, beyond what the labor to
be assessed for that year will accomplish;
o,I oucb rooetinc may vote tor the raising