Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1874-04-29

of the county where the land is sit
uated, for the purpose of acquirin!
by the State title to such land b,
judicial condemnation. And tn,
said court in which such proceed
ing may be instituted shall hav
and possess full jurisdiction of tn,
subject matter of the proceedings
and power to hear, adjudge, an,
determine all matters touching tn,
proceedings, and the rights and in
terests of all concerned.
Sec. 2. That upon request Of thu
Governor or other person or per
sons authorized as aforesaid, it shall
be the duty of the Attorney Gener
al of THE this State, or of the pro
scouting attorney of the count,
where the land is situated, as the
case may be, to cause petition to
be made and filed in the proper
court, signed by the Attorney Gen
eral or prosecuting attorney, adj
dressed to the court, setting forth
with reasonable certainty, "a descrip-
ton of the land sought to be ac-
quired, the names of all persons
owning or having an interest there
in, so far as disclosed 10y the records
of titles of the county in which the
land is situated, or can be ascer-
tanned from actual occupants; that
the petition is made and presented
for the purpose of acquiring the IL
tie and ownership of the land de-
scIibed in the petition, to and for
the use of the State of Michigan,
and specifying generally the pur-
pose for which it is TO be used
And the petition shall ask that all
persons interested in the premises,
or any part thereof, be summoned
to appear and answer the petition,
and show cause, if any they have,
against the persons named therein,
returnable on day to be named,
which shall not be less than five
day from the issuing and test there
of, and shall be served at least three
days before the return day, by the
sheriff or other officer authorized to
serve process of summons, accord
ing to the rules and practice of the
circuit court in other cases at law.
If there are minors or persons of
unsound mind interested in the pre-
misses, service may be made upon
the guardian of any such person,
or the court may appoint guardi-
an al Htem for any such person,
who may appear and defend for the
person he represents. If there are
nonresident or absent persons up
on whom service cannot be OBJ
tanned within the county, the court
may order service upon any such
person wherever he may be found,
and in such manner as may be di-
rected. The person serving any
such process on such nonresident
or absent person shall make proof
of service by affidavit, stating the
place, time, and manner of service.
Or the court may order and cause
notice to be given to such absent or
nonresident person, by publication
in such newspaper printed and pub
lished in the county rs the court
shall designate, and for such length
of time as the court may think
proper, not less than three weeks,
once i'll each week; and any such
service out of the county, or notice
by publication, shall be as affectual
for all the purposes of such proceed
ing and in condemnation of the
land as though the person had been
personally served within the county
Sec. 3. That when all the parties
named in the petition have been
summoned or notified, in the man
ner provided, and the time for their
appearance shall have expired, the
court shall hear any and all persons
who shall have appeared and inter
posed objections to the petition OF
proceedings, and proceed to decide
the questions raised, and may va
cate the petition, or any part OF thu
proceedings for cause, and may al
| low amendments of the petition, IL
form or substance, as the right o
the matter shall demand. If any
person having an interest in the
land has been overlooked, or not
summoned or notified, the court
may continue the proceedings and
cause such person to be served
or notified. If the petition and
proceedings are sustained, the court
shall appoint three commissioners
residents and freeholders within the
county, not interested or of kin to
any of the persons Interested in the
land, to ascertain and determine
the necessity for taking such prop
erty, and the compensation for dam
ages, or both, which ought to be
paid by the State to each of the
owners and persons interested in
the premises, as are for his, her, or
their just compensation for the land
sought to be taken. Such commits
sioners 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 ascer-
tain the separate interest of each
person owning or interested in any
part of the premises, and the de-
scription of his or her separate in
terest in the parcel; shall hear, in
the Dresence and uudor diroot;on ~