Empaneling a jury.

Oath of jurors.

Jury to hear proofs and allegations.

To receive instructions in law.

What verdict to determine.

SEC. 6. On the return day of the summons, or on some subsequent day to which the proceedings are adjourned, if no sufficient cause to the contrary has been shown, the court shall make an order that a jury be empaneled in the cause. Such jury shall be composed of twelve freeholders of the the municipality, and shall be selected and empaneled as follows: The sheriff, under sheriff, or a deputy sheriff of the county, shall, on the same day, or at an adjourned day, make a list of twenty-four resident freeholders of said city, or village, and the city or village attorney, in person, or by an 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 to objection for cause, the twelve persons whose names are left on the list shall compose the jury for the trial of the cause, 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 one of the officers aforesaid. If the respondents neglect or 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 summoned cannot be found in the county, or being summoned do not attend, or shall be excused for cause, or otherwise, talesmen possessing the necessary qualifications, may be summoned as jurors in the case, by such sheriff, or sheriff's officer, or authorized person, and the practice and proceedings under this act, except as herein provided, relative to empaneling, summoning, and excusing jurors and talesmen, and imposing penalties or fines upon them for non-attendance, shall be the same as the practice and proceedings of the circuit courts of the State, relative to petit jurors in civil cases, in such courts, except that peremptory challenges shall not be allowed.

SEC. 7. The jurors so empaneled shall be sworn, or shall affirm in substance as follows: You do solemnly swear, or affirm, that you will well and truly ascertain and determine whether there is necessity for taking for the use or benefit of the public, the private property which the petition describes and prays may be taken, and if you shall determine that it is necessary to take said property, that then you ascertain, determine, and award the just compensation to be made therefor, and faithfully and impartially discharge all such other duties as devolve upon you in this case, and unless discharged by the court, a true verdict give according to law and the evidence, so help you God, or under the pains and penalties of perjury. The jury shall hear the proofs and allegations of the parties, 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, 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, but the same shall be in writing, and be signed by the foreman, or by all the jurors.

SEC. 8. The jury shall determine in their verdict the necessity for taking such private property for the use or benefit of the public for

the proposed improvement, and in case they find that such necessity exists they shall award to the owners of said property and others interested therein such compensation therefor as they shall deem just. If any such private property shall be subject to a When property mortgage, lease, agreement, or other lien, estate, or interest, they shall apportion and award to the parties in interest such portion of the compensation as they shall deem just.

subject to mort

gage, etc.

SEC. 9. To assist the jury in arriving at their verdict the court Jury may take may allow the jury, when they retire, to take with them the peti- petition, etc., to tion filed in the case and a map showing the location of the proposed improvement and of each and all the parcels of property

to be taken, and may also submit to them a blank verdict which may be as follows:

We find that it is.

PART I.

-.necessary to take the private prop- Blank verdict. erty described in the petition in this cause, for the use and [or] benefit of the public, for the proposed public improvement.

PART II.

The just compensation to be paid for such private property we have ascertained and determined, and hereby award as follows:

Description of each of the several parcels of private property to be taken.

Owners, occupants, and others
interested in each parcel.

Compensation.

To whom payable.

The different descriptions of the 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, or it may be done by the jury.

SEC. 10. The verdict of the jury may be set aside by the court Setting aside and a new trial ordered as in civil suits at law in the circuit courts verdict. of this State. Amendments either in form or substance may be Amendments, allowed in any paper, petition, process, record, or proceeding, or in the description of property proposed to be taken, or the name of any person, whether contained in a resolution passed by the common council, or board of trustees, or otherwise, whenever the amendment will not interfere with the substantial rights of the parties. Any such amendment may be made after as well as before judgment confirming the verdict of the jury.

trial, etc.

SEC. 11. Motions for a new trial or to arrest the proceedings shall Motions for new be made within two days after the rendition of the verdict, unless further time is allowed by the court; and if no such motion is Confirmation made, or being made is overruled, the court shall enter an order or

of verdict.

Appeals,

Appeal bond.

Perfecting appeal.

Duty of clerks on appeal.

Mearing on appeals.

Costs.

Clerk to transmit certified copy of proceedings.

Assessment according to benefits.

judgment 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.

SEC. 12. Any person whose property may be taken, considering himself aggrieved, may appeal from the judgment of 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 within the same time serving 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 to judgment and the payment of all costs, damages, and expenses that may be awarded against him, in case the judgment of confirmation shall be affirmed. Such appeal shall be perfected within the same time, and prosecuted as an appeal in chancery, as near as may be, subject to the provisions of this act.

SEC. 13. In case of such appeal the clerk of the court, on payment of his legal fees and charges, shall transmit to the supreme court a certified copy of the necessary files, records, and proceedings in the case; and the judge of the court shall, at the request of the appellant, settle a case according to the usual practice of said court, showing the material evidence and instructions given to the jury bearing upon any disputed points to which exception was taken, and the objections, rulings, and exceptions in the case, all of which shall be returned by said clerk as part of the records, to the clerk of the supreme court.

SEC. 14. The said appeal may be brought on for a hearing at any term of the supreme court, and said court may affirm, or for any substantial error reverse, the judgment and may grant a new trial. The said court shall allow the prevailing party his reasonable costs and expenses to be taxed, and give judgment as in other chancery appeals, and all costs, damages, and expenses awarded to the city or village, if it so elect, may be applied on or deducted from the compensation, if any, to be paid, or execution may issue on the judgment. Damages may be awarded against a party appealing without reasonable cause.

SEC. 15. When the verdict of the jury shall have been finally confirmed by the court, and the time in which to take an appeal 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 to transmit to the common council or board of trustees a certified copy of the verdict of the jury, and of the judgment of confirmation, and of the judgment, if any, of affirmance; and thereupon, the proper and necessary proceedings, in due course, shall be taken for the collection of the sum or sums awarded by the jury. If the common council or board of trustees believe that a portion of the city or village, in the vicinity of the proposed improvement, will be benefited by such improvement, they may, by an entry in their minutes, determine that the whole or any just portion of the compensation awarded by the jury shall be assessed upon the owners or occupants of real estate deemed to be thus benefited; and

collection of

ment roll to be

thereupon they shall, by resolution, fix and determine the district or portion of the city or village benefited, and specify the amount to be assessed upon the owners or occupants of the taxable real estate therein. The amount of the benefit thus ascertained shall be assessed upon the owners or occupants of such taxable real estate, in proportion, as nearly as may, to the advantage which such lot, parcel, or subdivision is deemed to acquire by the improvement. The assessment shall be made and the amount levied and collected Making and in the same manner and by the same officers and proceedings, as assessment. near as may be, as is provided in the charter of the municipality for assessing, levying, and collecting the expense of a public improvement when a street is graded. The assessment roll containing said When assessassessments, when ratified and confirmed by the common council, final. shall be final and conclusive, and prima facie evidence of the regularity and legality of all proceedings prior thereto, and the assessment therein contained shall be and continue a lien on the premises on which the same is made, until payment thereof. Whatever Assessment for amount or portion of such awarded compensation shall not be raised award not herein the manner herein provided shall be assessed, levied, and collected in before proupon the taxable real estate of the municipality, the same as other general taxes are assessed and collected in such city or village. At City, etc., may any sale which takes place of the assessed premises or any portion chaser at thereof, delinquent for non-payment of the amount assessed and tax sale. levied thereon, the city or village may become a purchaser at the sale.

portion of

vided for.

become pur

amount to make

hold money.

SEC. 16. Within one year after the confirmation of the verdict of Provision for the jury, or after the judgment of confirmation shall on appeal be compensation. affirmed, the common council, or board of trustees, shall set apart and cause to be provided in the treasury the amount required to make compensation to the owners and persons interested, for the private property taken, as awarded by the jury; and shall, in the resolution setting apart and providing said sum, direct the city or village treasurer to pay to the persons respectively entitled to the money so set apart and provided, to each his or her proportion, as ascertained and awarded by said verdict. And it shall be the duty Treasurer to of the treasurer to securely hold such money in the treasury for the purpose of paying for the property taken and pay the same to the persons entitled thereto, according to the verdict of the jury,. on demand, and not pay out the money for any other purpose whatever. The common council or board of trustees may provide the Council, etc., necessary amount by borrowing from any other money or fund in money. the treasury, and repay the same from money raised to pay the compensation awarded by the jury, when collected, or otherwise, as they may provide. Whenever the necessary sum is actually in the Duty of treasury for such purpose the treasurer shall make and sign duplicate certificates, verified by his oath, showing that the amount of compensation awarded by the jury is actually in the treasury for payment of the private property taken in the case, giving the title of the case; he shall cause one of the certificates to be filed in the office of the clerk of the court in which the proceedings were had, and the other to be filed with the city clerk; which certificates

may borrow

treasurer.

When council

or trustees may

Writs of assistance.

shall be prima facie evidence of the matters therein stated. Whenever the amount of such compensation is in the treasury and thus take possession. secured to be paid, the common council or board of trustees may enter upon and take possession of and use such private property for the purpose for which it was taken, and may remove all buildings, fences, and other obstructions therefrom. In case of resistance or refusal on the part of any one to the common council or board of trustees, or their agents and servants entering upon and taking possession of such private property, for the use and purpose for which it was taken, at any time after the amount of the compensation aforesaid is actually in the treasury, ready to be paid to those entitled thereto, the common council or board of trustees, by the city or village attorney, may apply to the court, and shall be entitled, on making a sufficient showing, to a writ of assistance to put them in possession of the property.

Compensation of officers, etc.

Practice in

recorder's court of Detroit.

Costs and expenses.

Attorney fee.

Property may be taken to secure water supply.

Proceedings.

Empaneling a jury.

SEC. 17. Officers, jurors, and witnesses in any proceedings under 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.

SEC. 18. The practice and proceedings of the recorder's court of the city of Detroit under this act, relating to the summoning and excusing of jurors and talesmen and to imposing penalties upon them for non-attendance, shall be the same as the practice and proceedings of said court relative to petit jurors for the trial of criminal cases, but no peremptory challenges shall be allowed.

SEC. 19. All the expenses and costs of the proceedings to take and use private property under this act, incurred by the municipality, shall be paid out of the general fund. And it shall be lawful for the judge in any case to order the payment by the city or village, to any respondent, of such a reasonable attorney fee as he may deem just, which may be taxed with the costs.

SEC. 20. The cities and villages of this State, authorized to take or hold land or property outside of their corporate limits for obtaining and securing a supply of water to the municipality, or for any other public purpose, may take private property therefor, provided it is for the use or benefit of the public. The proceedings in all such cases shall comply, as near as may be, to the proceedings prescribed by this act, but shall be instituted in the circuit court of the county where the property is situated, and the jury shall be composed of twelve freeholders of the county, and shall be empaneled as follows: The sheriff, under-sheriff, or a deputy sheriff of the county shall make a list of twenty-four freeholders residing in the vicinity of the property, and the city attorney and the respondents, collectively, shall each have the right to strike six names from said list, and the twelve persons left thereon shall compose the jury, and shall be summoned to attend by a venire issued by the clerk of said court, and to be served by one of said sheriffs. If the respondents neglect or refuse to strike six names from said list, it shall be done by the circuit judge, and in case any of the persons so summoned shall not attend, or shall be excused for cause or other