Appearance of parties. Annual selection of list of street to the common council or board of trustees as fair and reasonable, not exceeding fifteen dollars in each case. SEC. 8. On the day and at the hour specified in said summons, the said court shall call the case, and shall enter the appearance of all the parties who appear in answer to said summons, and the default and appearance of those who do not answer, and if no sufficient cause to the contrary is shown, shall make an order that a jury be empaneled; and thereupon, or at such future time to which the case may be adjourned, a jury shall be empaneled as hereinafter provided. SEC. 9. On the fourth Tuesday of January in each year, between opening jurors. the hours of nine and twelve o'clock in the forenoon, the mayor or president of each city and village, and the city or village assessor or assessors, shall meet together and shall proceed in public to select from the last annual assessment roll or rolls of said city or village, a list of not less than fifty persons to serve as street opening jurors, the persons so selected to be freeholders and qualified electors of said city or village, of good character, of sound mind, and capable of understanding and speaking intelligibly the English language. List to be filed in office of clerk. SEC. 10. Said list shall be signed by said mayor or president, and assessor or assessors, or a majority of them, and shall be filed in the office of the clerk or recorder of said city or village. If said How list made if officers should fail to meet on the days above specified, or said list not made on day should at any time become exhausted, such a list of jurors may be made in the same manner at a meeting of such officers, to be called by the mayor or president. The persons whose names are set forth in said list shall be liable to serve as jurors for one year, or until a renewal, or new list shall be made as aforesaid. specified or list exhausted. Clerk to deposit SEC. 11. On the completion of such list it shall be filed in the office of the clerk or recorder of such city or village, who shall write the names of the persons thus selected on separate strips of paper of the same size and appearance, as near as may be, shall fold up each of said strips of paper in the same manner, so as to conceal the name thereon, and deposit the same in a box, to be called and labeled, ". Street Opening Jury Box;" and said Custody of box. box shall thereupon be delivered to the clerk of the court having jurisdiction of proceedings instituted under this act by such city or village. Drawing jury. SEC. 12. Whenever any court in which petitions under this act may be filed shall order a jury to be empaneled, it shall be the duty of the clerk, in open court, to draw twenty-four names from the street opening jury box of the city or village filing the petition, and the city or village attorney and the respondents collectively, shall each have the right to strike six names from the list of names so drawn, and the twelve persons left thereon shall compose the jury for the trial of the case, and shall be summoned to attend at such time as the court shall direct, by a venire issued by the clerk of the court, and to be served by the sheriff of the county. If the respondents refuse to strike six names from said list, it shall be done by the judge of the court, and in case any of the persons to be Talesmen. summoned cannot be found in the county, or being summoned do not attend, or shall be excused for cause, or on a peremptory challenge or otherwise, talesmen possessing the necessary qualifications may be summoned by the sheriff, or the court, in its discretion, may require such talesman to be drawn from said street opening jury box, and the practice and proceedings under this act, except as herein provided, relative to drawing, summoning, and excusing street opening jurors and talesmen, and imposing penalties upon them for non-attendance, shall be the same as the practice and proceeding of the circuit courts of the State relative to petit jurors in such courts. In empaneling a jury, the city or village attorney Challenges. and the respondents, collectively, shall each be entitled to two peremptory challenges. SEC. 13. The jury so empaneled shall be sworn to discharge their Proceedings by duties faithfully and impartially, and according to the best of their jury. abilities. They shall hear the proof and allegations of the parties and the arguments of counsel, and, if so ordered by the court, shall go to the place of the intended improvement in the charge of an officer, and upon, or as near as practicable to, any property proposed to be taken or assessed, and examine the premises. They shall be instructed as to their duties and the law of the case by the judge of the court, and shall retire under the charge of an officer, and render their verdict in the same manner as on the trial of an ordinary civil case. determine in SEC. 14. The jury shall determine in their verdict the necessity What jury to for taking and using such private property for the public use of their verdict. benefit, or for private use or benefit, as the case may be, and they shall award to the owners of said property such damages and compensation as they shall deem just; and in private road and alley cases they shall assess and apportion the total damages and compensation to be paid for the private property so taken upon the lots and parcels and subdivisions thereof within the assessment district fixed by the common council or board of trustees, which will be benefited by the improvement, in proportion to the benefits they will severally receive. If any such private property shall be subject to a valid mortgage, lease, agreement, or other lien, estate or interest, they shall apportion and award to the parties in interest, such portion of the damages and compensation as they shall deem just. ment. SEC. 15. To assist the jury in arriving at their verdict, the court Jury may have may allow the jury, when they retire, to take with them a map of map of improvethe proposed improvement, and of the assessment district (if any), showing the metes and bounds, and the location of all the property to be taken or assessed; and may also submit to them a blank verdict, which may be as follows: PART I. We find that it is necessary to take and use the private Blank verdict of property described in the petition in this cause for (the public use jury. and benefit) or (private use or benefit,) as a (public highway, street, or alley) or (private road or alley.) PART II. And the damages sustained and the just compensation to be paid for such private property we hereby determine to be as follows: Description of each of the several parcels of Owners, occupants, and private property to be others interested in Compensation and dam. To whom Payable. each parcel. ages. PART III. And the benefits to be received from such improvement by the property within the assessment district we hereby determine to be as follows: Description of each of the several ed. Occupants and owners of each Benefits. Court may set jury and order new trial. The different descriptions of property and the names of the occupants, owners and others interested therein, may be inserted in said blank verdict, (under the direction of the court,) before it is submitted to the jury. SEC. 16. The verdict of the jury may be set aside by the court aside verdict of and a new trial ordered, in the same manner and on the same grounds as in ordinary civil actions in the circuit courts of this Amendments of State; and amendments, either in form or substance, of the petition, process, and proceedings, may be allowed when they will not interfere with the substantial rights of the parties. Rules of pracRules of practice. tice under this act may be adopted and promulgated by the Supreme Court of this State. petition. Motions for new SEC. 17. Motions for a new trial or to arrest the proceedings trial or arrest of shall be made within two days after the rendition of the verdict, unless further time is allowed by the court, and if no such motion proceedings. is made, or being made is overruled, the court shall enter an order confirming the verdict of the jury; and such judgment of confirmation, unless reversed by the Supreme Court, shall be final and conclusive as to all persons interested therein. The damages and Damages and compensation assessed by the jury upon any lot or parcel of land lien on land. shall be a lien thereon from the time of such confirmation until paid and satisfied. compensation judgment of SEC. 18. Any person whose property may be taken or assessed, Appeals from considering himself aggrieved, may appeal from the judgment of court. the court confirming the verdict of the jury, by filing in writing with the clerk of said court a notice of such appeal within five days. after the confirmation, and serving within the same time a copy thereof on the city or village attorney and filing a bond in said court, to be approved by the judge thereof, conditioned for the prosecution of said appeal and the payment of the damages assessed against the appellant and all costs that may be awarded against him, in case the judgment and confirmation of the court shall be affirmed. a In certified copy of Supreme Court. SEC. 19. In case of appeals as above it shall be the duty of the case of appeals clerk of the court without delay to transmit to the supreme court files, etc., to be certified copy of all the files, records, and proceedings in the case. transmitted to And it shall be the duty of the judge of the court at the request of Judge to sign the appellant to settle and sign a case showing the testimony taken case showing on the trial, the objections, rulings, and exceptions concerning the same; and the instructions of the court to the jury, with the exceptions thereto; and the same shall be returned by the clerk as a part of the record in the case. testimony, etc. SEC. 20. The said appeal may be brought on for hearing at any Hearing of term of the supreme court, and said court may affirm or reverse the appeal. proceedings and may grant a new trial. The said court shall allow the prevailing party his reasonable costs and expenses to be taxed, and all costs and expenses awarded to the city or village may be applied on and deducted from the damages and compensation (if any) to be paid to the appellant. tion. SEC. 21. When the verdict of the jury shall have been finally Proceedings on confirmed by the court, and the time in which to take an appeal first confirma has expired, or if an appeal is taken, on the filing in the court below of a certified copy of the order of the supreme court, affirming the judgment of confirmation, it shall be the duty of the clerk of the court below to transmit to the common council or board of trustees a certified copy of the petition, of the verdict of the jury, and of the judgment of confirmation, and of the order (if any) assessing the costs and expenses; and thereupon the common council or board of trustees may by resolution direct the treasurer of such city or village to proceed to collect the benefits and the costs and expenses assessed by the court and jury, in which case a certified copy of such resolution shall be annexed to the record transmitted by the clerk of the court, and the same shall then be delivered to such treasurer. If such assessments are not paid or tendered to the treasurer within sixty days after the passage of such. Payment of damages. Council, etc., may, on pay. ment, take possession and use property. Certificate of treasurer as to payment. Expenses in pri vate road and assessed. resolution, he shall proceed to sell the property assessed in the same manner as is provided by law for the sale of real estate upon execution, and with the same force and effect. SEC. 22. Within one year after the confirmation of the verdict of the jury, or after the judgment of confirmation, shall, on appeal, be affirmed, the common council or board of trustees shall cause the city or village treasurer to pay or tender to the respective persons entitled to receive the same, the damages and compensation awarded for taking such private property, according to the verdict of the jury as finally confirmed; and in case any such person shall refuse the same, be unknown or a non-resident of said city or village, or cannot with reasonable diligence be found in said city or village, or for any reason be incapacitated from receiving his amount, or the right thereto be disputed or doubtful, the common council or board of trustees may deposit the amount awarded in such case in the city or village treasury, and shall on demand pay the same over to any person entitled and competent to receive it, taking receipt therefor. Upon such payment, tender, or deposit the common council or board of trustees may enter upon, take possession of, and convert such private property to the uses and purposes for which it was taken, and may remove all buildings, fences, and other obstructions therefrom. The treasurer shall make a certificate, verified by his oath, showing his action in making such payment, tender, or deposit, and shall file the same with the clerk or recorder of said city or village, and it shall be prima facie evidence of the facts therein stated. SEC. 23. In private road and alley cases, the court shall within alley cases, how ten days after the confirmation of the verdict of the jury, assess the expenses of the proceedings, including the compensation paid the jury and the costs of advertising, upon the property in the assessment district, in proportion as near as may be to the benefits received, according to the verdict. Fees in proceed act. SEC. 24. Officers, jurors, and witnesses in any proceedings under ings under this this act shall be entitled to receive from the city or village instituting the proceedings, the same fees and compensation as are provided by law for similar services in an ordinary action at law in the circuit courts of this State. Practice in recorder's court of Detroit rela jurors. Proviso. SEC. 25. The practice and proceedings of the recorder's court of the city of Detroit under this act, relative to drawing jurors from tive to drawing the street opening jury box, and the summoning and excusing of such jurors and talesmen and the imposing penalties upon them for non-attendance, shall be the same as the practice and proceeding of said court relative to petit jurors for the trial of criminal cases: Provided, That no street opening jury shall be drawn for any term without the order of the court, and the court shall fix the number of persons to be drawn and the day and term on which they shall Further proviso. be summoned to appear: And provided further, That when for any reason the full number of jurors summoned shall not be in attendance, and it shall be necessary in the opinion of the court to summon persons to make up such number, the persons so sum |