Telegram-herald. ([Grand Rapids, Mich.) 18??-1892, 1891-03-18

taken o. the rlgkts - ss condemned shall be
gwen. ana Esaeraliy tbs nature ana extent u
the Use thsreet vii be required IL making aas
maintaining ths improvement shall Dc stated.
snd also sue Eanes Of the eERers Aad others
interested Ia ths property. 50 lar as ear De
asesrtaiasd. fnel41la. taose IA possession u
the premises
Tie petition shall also state that The Com
mon Council Eas declared such public improve
menG 10 DC necessary. ami that they deem II
accessory To take the private property de-
scribsd Ia last behalf ter sach Improvement
Tor the Use or beReat Of the public The petl-
tloa shall ssk thai iars be summoned and i'm
paaeled 10 ascertain ana Determine whether
IL Il necessarSto MAKE such public Improve
msnt. Haethsr II Is necessary 10 take sueh
sa2S private property as II is proposed 10 take.
and TO eondema such rights as IL IS proposed
10 eOndemn for the use or beneht Of the public.
ana 10 ascertaia aud determine the just com
pensaIiou 10 DC made therefor.
The petition may state any other pertinent
matter or 1atIers. hing or things. and may
pray for any other or further relief 10 which
the city may be entitled within the objects and
| scope Of this act
Sec. g. Upon receiving such petition II shall
| be the daty OF the elerk OF said court 10 issue
| summons against the respondents named In
such petition. stating briefly the object of said
| petition. and commanding them and each OF
| them In the name of the people of the state
| of Michigan Ia appear before said court al .
| time and place 10 be named In said summons.
| not less than twenty nor more than forty days
| from the date q the same. and show cause. II
| any they have. why the prayer of said petition
| should not be granted: Provided. however.
| That it shall not be Necessary 10 Include In
such petition. or In said summons. the name
or names Of any owner or owners. occupant or
| occupants. or other person or persons 10 be al
| fected by such proceedings. or whose rights
| are proposed 10 be taken under said proceed
Ing. who shall have given 10 said city his. her
/ or their written release OF their rights con
sent TO such taking or condemnation. which
said written release shall be filed in the ONCE
| OF the clerk o. said city.
| Sec. !. said summons shall be served by the
sheriff. under sheriff or any deputy sheriff Of
| the county of Kent. al least 1--WE days before
the return day thereof. upon all OF the respon-
| dents found within the said county. by exhibit
| ins the original and delivering a copy TO each
OF them resp eetively. II anv respondent. who
| Is resident Of the county. cannot be found.
the summons shall be served by leaving a copy
thereof AZ his or her usual or last place of
| abode with some person OF suitable age and
| discretion. IL any minor or person OF unsound
| mind Is interested in the premises to be taken.
| service may be made on the guardian OF such
| person, IL any. and II there be no guardian the
said court may appoint some discreet and
! proper person OF lawful age 10 DC guardian OF
| such person in such proceedings. any such
| guardian sh II have authority 10 repre-
| sent such person in said proceedings. The pro-
| ceedings 10 appoint such guardian shall be the
| same as In other cases provided by statute. II
| IL shall appear on the return day of the sum-
rt-t
| within the county. and has not been served in
the matter provided. or is "a nonresident and has
| not voluntarily appeared. the court may make
| an order requiring such respondent or respon-
| dents To appear and show cause why the prayer
| OF the petition should not be granted. on day
! TO be named in the order not less than thirty
days from the date thereof. and may require a
| certified copy OF such order 10 be personally
served on such respondents wherever found if
practicable. at least six days before the time
named in the order for appearance. or the
court may make such order for appearance
and require. as TO any or all such respondents
| who shall not have been personally served and
have not appeared, that service be made by
publishing certified copy of such order for
three succe ssiye weeks, at least once in each
week. In NJ least one newspaper published
within sa d city. the last publication 10 be at
least six days before the day fixed in the order
for appearance. Alias and pluries summons
may be issued. and the court may adjourn the
proceedings from time TO time As there shall be
occasion. and as In other civil cases. Service of
such order for appearance in either mode
prescribed. shall be sufficient notice OF the
proceedings to bind the respondents and the
property and rights represented by them.
The return of the Office upon the summon rs
and an AFFIDAVIT Of due service of or the pub
lauf r,.., ,asr
shall be fled in the clerks ONCE before
jury shall be impaneled. and shall be sufficient
evidence OF service on the respondents, and
OF the manner OF service.
sec. $. On the return day OF the summons,
or on some subsequent day to which the pro-
ceedlngs are adjourned. il no sufficient cause
to the contrary has been shown, the court
shall make an order that a jury be impan-
eied in the cause; such jury shall be CON-
posed of twelve resident freeholders of the
said city. and shall be selected aud impan-
eled as follows The sheriff. under sheriff or
deputy sheriff OF county shall on the
same day. or at an adjourned day. make "A
list OF twenty-four resident freehoiders of
said city, and the city attorney in person. or
b. assistant or deputy. and the respondents
collectively shall each have the right to strike
six names from the list of persons written
down as Aforesaid and subject 10 objection
for cause; the twelve persons whose names
are left on the list shall compose a Jury for
the trial OF the cause. and sha be summon
ed - attend at such time as the court shall
direct by venire issued by the clerk of the
court. and 20 be served by one Of she officers
Aforesaid. IN the respondents neglect or re-
fuse 20 strike SIT names from said list IL shall
be done By the iLdge Of the court: aud in case
any of tie persons TO be summoned cannot be
found in the coun,v, or. being summoned. do
not attend. or shall - excused for cause or
otherwise. ialesrnn. possessing the necessary
qualifications. may be summoned as Jurors in
the case w such sheriff under sheriff or
deputy sheriff. And the practice and proceed
iBgs unier this act. except as herein provided
relative TO impan-liug. summoning and excus-
ing jurors aud taiesmen. and imposing
penalties and fines upon them for
Eoa ATTENDANCE. shall lie the same
as the practice and proceeding OF the circuit
courts Of the state relative 10 petit Jurors I'm
civil cases IN such courts. except the peremp-
tory challenges shall not be allowed.
sec g. 1he jurors 81 impaneed shall te
sworn. or shall affirm in sur st ance as follows.
''You do solenBlv swear Tor siarml that you
VIII we'll and trux ascertain aud determine
whether there = a pubic necessity for making
the proposed improvement. and Tor taxing for
the use ar benefit of the public the private
property ana rights which the petition dc.
scribes aad praYs may Dee taken aud e0ndCm
ed. Ana n yeu sra determine that Il Is nee
eSssIy 70 make such pt.slic Improvement. and
- take said property and to condemn said
r zht>. thar teen y0u ssc>rfain. determine aud