The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1872-04-26

~ I
IN cases where two or more claimants clam con.
hicing titles interests In said lands the amount
awarded by the jury shall be paid into the cir
cult court of the county In which such lands are
situate. and the same shall afterwards be paid To
the party parties establishing their title thereto
IN proportion TO their interests In said lands
ARd pTOrided fuFther, That said city or village.
and said claimant or claimants. In cases OF more
than one claimant. shall have the right TO a chal-
lengc In writing TO the array for cause, and two
pcrcmptOry challenges. besides the right of Chal-
lcnge 10 the polls for cause. and such officer shall
supply the place thereof by talesmcn summoned
a. aforesaid. said jurors shall each be- allowed
two dollars per day for their services. and mileage
as In other cases which shall be paid by such city
or village. And such justice other officer shall
receive the same fees "a are allowed for like SER
vices IN justice courts and for the purpose of sum
mouing and cmpanneling the jury. compelling the
attendance of witnesses. or during adiournments
and ali other proceedings necessary for successful
~ carrying out the foregoing provisions. the
officer before whom the proceeding are had shall
have aud exercise all the powers usually exercised
by justices of the peace in the conduct and trial of
suits al law FTOrtded hOUeteF, That there shall
not be more than two adjOummcnts. and no adj
journment shall be for period exceeding ten
days.
Sue. H. Either party TO the proceedings who
shall consider himself aggrcyed by the determine
ton of the jury az To the amount Of damages 30
awarded may appeal thcrcirom to the circuit
court OF the same county In the manner hereinafter
provided. The party desiring To appeal his agent
or attorney. shall within five days after the final
determination of the jury. make and file with the
affidavit that such determination Is not in accord
auce with the rights OF the party a. the dcpOucnt
verify believes, and showing the interest which
the party claiming an appeal has or claims 10 have
In the premises. And the party so appealing shall
within the same time, execute and deliver 10 such
officer bond. with two or more sufficient sure
ties, To be approved by such officer IN writing.
Endorsed ON said bond in penalty To he fyed by
such justice other officer, and not less than one
hundred dollars, conditioned that the appellant
shall prosecute his said appeal with all due dill
decision thp
determination of the jury l. affirmed. or IL the
appeal j. dismissed or discontinued that such ap-
pellant will pay all costs that may be adjudgcd
against him or them by such circuit court. Within
five days after the filing of such bond and affidavit.
the officer before whom thcsprOccdings were had
shall make duplicate of the return which he L.
required by this act 10 file with the clerk of the
common council of the city or corporate authOri-
ties of the village. the may be. and attach
10 such duplicate the bond and affidavit. and file
the same with the clerk of such circuit court and
for making and filing such duplicate. such officer
shall be entitled 10 a fee of three dollars 10 be
paid in the first instance by the party appealing.
Upon the filing of such duplicate return aiorc-
said. the same proceedings shall be thcrcupOn had
in other appeal cases from Justices court. And
such case shall be determined with all convenient
speed and either party may remove SAID cause to
the Supreme Court n in other cases
SEC. ~. The officer before whom the proceedings
were had shall. within ten days after the close OF
the proceedings before him. in case there is no
appeal. make return of all such proceedings and
attach thereto the report filed with him by the
mission or board. and the verdict of the Jury and
deposit the same with the clerk Of the common
council OF the city. corporate authority OF the
village for whose benefit the proceedings were
had, who shall file and preserve the same as part
OF the records Of his Office; and such return. or
certified copy of the same shall, in all courts
and places, be conclusive evidence Of the truth of
the matters therein contained
SEC -. The common council Of the city. or the
corporate authority of the village a. the case may
be- shall Immediately after the filing of such return
II no appeal L. taken. and Immediately after the
determination of the circuit court, in eases where
an appeal Is taken make provision to pay, cause
10 be paid. 10 the person persons entitled there
to, the amount awarded To him or them by the
said jury or by the circuit court in cases where an
appeal has been had
SEC H. It shall be the duty Of the recorder or
clerk of such city village upon the filing Of such
papers and proceedings with him by said justice.
IN case there i no appeal and OF the clerk of the
circut court in case of an appeal, upon the final
determination thereof. 10 make a certified copy
of all the papers and proceedings filed with him
and in said cause. under the seal of SAID court or
under the corporate seal Of said city village a.
the may be, and deliver the same to the regis
ter of deeds Of the county. who shall record the
same In the record OF deed, kept I'm his Office and
who shall receive ten cents per folio for recording
the same.
is awarded 10 such city village the title thereto
shall vest in and become absolute 10, said city or
village. free and clear from all membranes and
adverse titles or claims of any kind or nature
whatsoever, upon payment OF the sum or sums
awarded or the tender thereof. provided In
section thirteen of this act. And I'm all cases where
such fee l. not awarded. then upon the payment
or tender Of the sum or sums awarded, a. aforC-
said. the said city village and said commission
or board may enter upon such land. take possess
ion thereof. construct their work. lay pipes and
repair the same, and do all other acts necessary
for the proper care and maintenance of such works
80 long the same shall be used for the purposes
contemplated in this act.
SEC. l6. The common council OF any city. or
the common council or board Of trustees of any
village may. by ordinance. empuwCraud authorize
such commission or board To construct. operate
and maintain the necessary works contemplated
in this act, and said commission or board shall
have power and the right 10 enter uTon any land
for the purpose of examining and asccrtaning
whether the same Is suitable necessary for such
purposes. and cause surveys Of the same 10 DC
made. without being liable 10 the owners orcaim-
ants thereof for any damages OCcHsioued thereby
and upon said land being condemned. and payment
or tender made. as provided i'm section thirteen
the said commission or board may Immediately
enter upon. take possession of such lands, and
commence the erection and construction of such
works, lay pipes. and do any other act they may
consider necessary, under the power herein con
fcrrcd. or conferred upon them by such ordinance
and no appeal taken under the provisions of thi,
act shall operate or stay their proceedings. nor
shall they during the tendency OF such appeal. in
any manner, or by any court, be restrained from
proceeding with the construction OF such works
or from laying pipes PJOyjded, That the amount
awarded To such claimant. being the appellant or
appellee in such appeal case, be by said commits
sion or board. deposited with the treasurer of
claimant
SIC. II. IT, in the opinion OF such commissio or
board, IL shall be advisable or necessary 20 use
any public highway for the purpose of laying the
pipes connected with such water-works or for any
other purpose necessary for the construction and
maintaining Of such watcr-Works such board or
commission may nj any time use such highway or
any portion of the same for such purpose fTOrided
hOJrerer such use shall not prevent the free use
Of such highway by the public.
SIC. l.. No ireehodcr of such city. village or
township. in which or through which such water
works may be constructed or pipes laid, shall be
deemed incompetent juror on account OF his
interest I'm the event of such proceedings: Pro
rided Such interest be such only a. he hi i'm com
mon with the inhabitants OF such city. village or
township.
SEC. 10. Any person wlllfully interfering with or
iujuring such water-works or pipes. shall be deem
ed guilty of a misdemcanor. and shall. on convc-
ton thereof, be punishcd by fine Of notoycr one
hundred dollars, or imprisonment I'm the county
Jail not sixty days. both such fine and i'm
prsOnmcnt. In the discretion of the court.
SIC 20. This act a. amended shall aDply 10 all