The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1858-03-16


for tho public conveniences.
Sec. 80. In case the corporate authori-
ties Of any city or village should require
the lands Of any person for such purposes,
such corporate authorities may cause notice
to be given as the owner or party interes-
ted, his, her, or their attorney, either by
personal service, or by written or printed
notice, posted up in at least three pub
lie places in said city or village t'rree weeks
next preceding the meeting of the cor
porate authorities, for the purpose afore-
said, and the said corporate authorities of
such city or village are hereby authorized
to contract for and purchase such lands for
the purpose aforesaid. oss ~:
Sec. 81. In case the owner or owners
Of such land shall refuse to sell the same
for the purpose aforesaid, or if tn, parties
fail to agree, it shall and may be lawful
for the corporate authorities of such city
or village to cause tho Clork pscoiuer
the same to issue venirs .facias directed
to the Marshal or other proper officers Of
such city or village, directing him to sum
mons and return jury of twelve free
holders to appear before such Clek or Re-
corder, at time to be therein stated, to in
quire into the necessity Of taking said
lands or premises and the just compensa-
tion thereof to the owners of or to those
interested in said lands and premises, which
jury sha be duly sN orn by such Clerk or
Recorder faithfully and impartially to in
quirs into tho necessity Of taking such lands
or premises and the just compensation to
be made therefor
Sec. 80. The said jury shall then pro-
ceed TO Wow the lands and premises pro-
posed to be taken for such public use, and
if they shall deem it necessary for such
city or village to take such lands or prem
ises for the public use, shall inquire and
assess such damage and recompense as
.hc,- 4l:-L r--r-. - .."~.I ). siio ouner
or owners of such lands and premises,
according to their respective estates and
interests therein, and the said Clerk or Re-
corder shall, upon the return of such as.
sesment or verdict, report the same to the
corporate authorities Of such city or vilago
at their next meeting, and the said corpor-
ate authorities may thereupon enter an Or
der confirming the same and order anoth-
or jury to be summoned in the manner q.
foresald, and such second jury, when sum-
moned ond sworn as aforesaid, shall proceed
to inquire into the necessity of taking such
lands and promises for the public use, aud
assessed such damages as aforcfaid.
Sec. 33. If ono or more of such Jurors
shall fail to attend at the time and ploce
mentioned in the venire tacias, the JUS
tice, Clerk or Recorder, before whom
such jury were summoned to appear, shall
order the Constable, Marshall, or person
summoning such jury forthwith to sum-
make up said jury.
Sec. 81. The damage or compensation
SO assessed by said jury, together with tho
cost and expense of'such proceedings shall
bo assessed, levied and collected upon the
property of such city or village in. tho Same
manner rs other taxes or moneys are lev
led; such damage and recompense shall
be paid or rendered to the claiment or
person entitled therein before such street,
common, lane alley or highway, shall be
opened, established or altered; when the
damage aforesaid shall have been paid or
rendered to the person or persons entitled
thereto, it shall be lawful for the corpor
ate authorities Of such city or village TO
cause the said lands and premises TO be
used and occupied for the purpose afore-
said. '
Sec. 35. The Clerk or Recorder afore-
said may, instead of procuring the sum-
moning Of jury as hereinafter provided,
make an application to Court or Recor-
der for the application of three Commis-
sioners, whose duty it shall be " ascer-
tain and determine the necessity Of taking
the property described in such application
and to appraise the damage therein if any
is claimed; such application shall be in
writing and decribe the premises proposed
to be taken for such purpose, and notice
thereof shall be given at least five days
previous to the time of making such appli-
cation, TO what court such application will
he mado and time of making the samc, to
the owner or occupant of the lands decribed
in tho application, his, her, or their agent
or attorney, and such notice may be given
by the Commissioner of Highways, Clerk
Recorder, as the case may be, in the man.
ner provided in section four Of this act
Sec. SO. The Commissioners 80 appoin-
ted shall before they proceed to the pre-
formance of their dnties prescribed in the
preceding section, be sworn to aceertain
and determine the necessity Of taking the
property described in the application, and
justly and impartially to appraise the dam
age therein, if any is claimed; such Com
missioners shall then proceed to view the
premises proposed to be taken for such pub
lie use, and shall within five days therc-
after, make return Of their doings in wri.
tings, signed by them, to the township
city or village Clerk or Recorder, which
return shall state, il such highway, street
common, lane or alley is laid out or alter,
ed, the necessity therefor, the amount Of
damage appraised and to whom payable
il known, and shall be filed in the Office
Of the townscip, city or village Clerk o.
Recorder; the Commissioner 80 appointed
shall bo entitled or receive the same com
pensation as jurors are entitled to, under
the provisions Of this act.
Sec. 81. Jurors who have been regular
| ly summoned under the provisions Of thi
act who shall, without good cause showr
therefor, neglect or refuse to appear an'
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