The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1874-04-24

the necessity for taking such property and
the compensation for damages, or both, which
ought to be paid Dy the State to each Of the
owners and persons interested in tho premises,
AZ and for his, her or their just compensation
for the land eought to be taken. Such COM
missioners shall be sworn to faithfully and
justly discharge their duties in the premises
according to their best ability. They shall
visit the land sought to be acquired,
shall ascertain the separate interest OF each
person owning or interested in any part of
the premises, and the description of his or her
separate interest in the parcel shall hear, in
the presence and under the direction of the
court. evidence touching tho matters they are
to find, brought forward by any person hav-
ing an interest, and shall find al necessary
facts to possess the court with the truth and
right Of the matter, but shall not be required
to find what evidence was offered or given,
and shall report to the court, in writing, their
findings. Instead OF commissioners, the
court, with or without the request of any per-
son interested in any portion of the premises
described in the petition, may and upon the
request OF any such person shall order centre
to issue to the sheriff, to summon twelve ju-
rors who shall be residents and freeholders of
the county where the land il situated, to at
tend at time to be named before the court,
to serve AZ jury. Any person interested in
any part OF the premises may object for cause
to any Of the jurors, but there shall be no
peremptory challenge allowed. In case any
juror fails to appear is excused, or set aside
from the panel, the court may order the sher-
i'll, or other proper officer in attendance, to
summon forthwith the requisite number OF
talesmen to form the jury. The jury shall be
sworn IA is required OF commissioners, and
they shall view the premises hear evidence
il offered, determine the necessity for taking
such property, aud the same proceedings be
had, as near IA may be, as hereinbefore re-
CURED in reference to commissioners.
Sec. 4. The court shall hear objections, if
any, to the report of the commissioners or
jury, az the case may be and may set aside
the report and finding, or confirm the same,
and il confirmed, shall enter a judgment of
confirmation conformation, and that all right,
title, and interest of, in, and to the land and
premises, vest in the State of Michigan
Prouided, That the State, within such time az
shall be therein prescribed, shall deposit in
the court the amount found by the report Of
the commissioners or jury, as the just COM
pensation and damages to be paid to the own
ers and persons interested. If, within the
time 30 prescribed, the State shall cause to be
deposited the sum 30 found, the court shall
thereupon enter an order and judgment that
the title of the State in and to said land and
every part thereof is perfect, and has become
absolute, and may issue the necessary writ of
assistance commanding the sheriff to deliver
the possession Of such land to the State and
thereupon the title and right of the State
to such land shall be absolute and bind
ing against all persons whomsoever.
The persons owning and interested in
said land according to the report and
finding aforesaid, shall be entitled on apply
ing to the court, to be paid on tine order or
the court the amount or sum to which they
are respectively entitled, according to such
report or finding for the sum received they
shall respectively give to the clerk their re-
ceipt, in writing, to be by the clerk forwarded
to the State Treasurer. In case the State does
not, within the time 30 prescribed, deposit in
court the amount Of compensation and dam
ages awarded, the court shall order the pro-
ceedings dismissed, and the State take
nothing thereby. In the proceedings au-
thorized by this act the court shall, az to the
practice and mode Of proceedings, be gov
erned by the rulss applicable in cases at law
except as is in this act otherwise expressly
provided. The expense of the proceedings
shall be paid by the State, and certified copy
of the record of the proceedings and judy
ment of the court shall. together with the
record thereof in the Office OF the register o.
deeds of the county, be evidence in all courts
and places.
SEC. 3. This act shall take immediate
effect.
Approved March "a, 1874.