him as jurors, and shall certify the manner of notifying the owner or owners of such real estate, if he was found, and if he could not be found in said county, he shall certify that fact; either party may challenge any of the said jurors for the same causes as in civil actions. If more than twelve of said jurors in attendance shall be found qualified to serve as jurors, the officer in attendance, and who issued the summons or venire for such jury, shall strike from the list of jurors a number sufficient to reduce the number of jurors in attendance to twelve; and in case less than twelve of the number so summoned as jurors shall attend, the Sheriff or constable shall summon a sufficient number of freeholders to make up the number of twelve; and Attachment may the officer issuing the summons or venire for such jury, may obedience to issue an attachment for any person summoned as a juror who

issue to enforce

process.

Jury to be sworn.

shall fail to attend, and may enforce obedience to such summons, venire or attachment, as Courts of Record or Justice's Court are authorized to do in civil cases.

(2404.) SEC. 6. The twelve persons selected as the jury shall be duly sworn by the Judge, Commissioner or Justice in attendance, faithfully and impartially to inquire, ascertain and determine, the just compensation to be made for the real estate required by such School District for such site, and the necessity for using the same in the manner proposed by such School District, and the persons thus sworn shall constitute the jury Subpoena for in such case. Subpoenas for witnesses may be issued, and

witnesses.

necessity for tak

compensation

therefor.

their attendance compelled by such Circuit Judge, Commissioner or Justice, in the same manner as may be done by the Circuit Court or by Justice's Court in civil cases. The jury Jury to determine may visit and examine the premises, and from such examination ing Land, and and such other evidence as may be presented before them, shall ascertain and determine the necessity for using such real estate in the manner and for the purpose proposed by such School District, and the just compensation to be made therefor; and if such jury shall find that it is necessary that such real estate shall be used in the manner or for the purpose proposed by such School District, they shall sign a certificate in writing, stating that it is necessary that said real estate (describing it) should be used as a site for a school house for such district; also stating the sum to be paid by such School District as the 'just compensation for the same. The said Circuit Judge, Circuit Court Commissioner, or Justice of the Peace, shall sign and attach to, and endorse upon the certificate thus subscribed by the said jurors, a certificate stating the time when

Court to make
Certificate.

and the place where the said jury assembled, that they were by him duly sworn as herein required, and that they subscribed the said certificate; he shall also state in such certificate who appeared for the respective parties on such hearing and inquiry, and shall deliver such certificates to the Director, or to any member of the District Board of such School District. (2405.) SEC. 7. Upon filing such certificates in the Circuit Judgment; colCourt of the county where such real estate is situated, such Court shall, if it finds all the proceedings regular, render judgment for the sum specified in the certificate signed by such jury, against such School District, which judgment shall be collected and paid in the manner as other judgments against School Districts are collected and paid.

lection thereof.

shall When Owner is

unknown, etc.,

posited with

urer.

(2406.) SEC. 8. In case the owner of such real estate be unknown, insane, non compos mentis, or an infant, or can- Money to be denot be found within such county, it shall be lawful for the said County TreasSchool District to deposit the amount of such judgment with the County Treasurer of such county, for the use of the person or persons entitled thereto; and it shall be the duty of such County Treasurer to receive such money, and at the time of receiving it to give a receipt or certificate to the person depositing the same with him, stating the time when such deposit was made, and for what purpose; and such County Treasurer and his sureties shall be liable on his bond, for any money which shall come into his hands under the provisions of this act, in case he shall refuse to pay or account for the same as herein required: Provided, That no such money shall How to be drawn be drawn from such County Treasurer, except upon an order Treasurer. of the Circuit Court, Circuit Court Commissioner, or Judge of Probate, as hereinafter provided.

from County

Court may decree

vested in School

(2107.) SEC. 9. Upon satisfactory evidence being presented on payment, to the Circuit Court of the county where such real estate lies, that Title be that such judgment, or the sum ascertained and determined by District." the jury as the just compensation to be paid by such district for such site, has been paid, or that the amount thereof has been deposited according to the provisions of the preceding section, such Court shall, by an order or decree, adjudge and determine, that the title in fee of such real estate shall, from the time of making such payment or deposit, forever thereafter be vested in such School District and its assigns; a copy of which decree, certified by the clerk of said county, shall be recorded in the office of the Register of Deeds of such county, and the title of such real estate shall thenceforth, from the

take possession.

time of making such payment or deposit, be vested forever thereafter in such School District and its assigns in fee.

When District to (2408.) SEC. 10. Such School District may, at any time after making the payment or deposit hereinbefore required, enter upon, and take possession of such real estate, for the use of said district.

When Jury can

not agree, pro

adjourned, and

moned.

(2409.) SEC. 11. In case the jury hereinbefore provided for ceedings may be shall not agree, another jury may be summoned in the same new Jury sum- manner, and the same proceedings may be had, except that no further notice of the proceedings shall be necessary; but instead of such notice, the Judge, Commissioner, or Justice, may adjourn the proceedings to such time as he shall think reasonable, not exceeding thirty days, and shall make the process to summon a jury returnable at such time and place as the said proceedings shall be adjourned to; such proceedings Adjournments may be adjourned from time to time by the said Judge, or three months. Commissioner, or Justice, on the application of either party, and for good cause, to be shown by the party applying for such adjournment, unless the other party shall consent to such adjournment; but such adjournments shall not in all exceed three months.

not to exceed

District Board may fix amount

paid by Scholars

(2410.) SEC. 12. The District Board of any School District of Tuition to be shall have power to fix the amount of tuition to be paid by in certain cases. non-resident scholars attending any of the schools in said dis trict; and in cases where there shall be a Union School in any such district, to be paid by scholars attending such Union School, and to make and enforce suitable by-laws and regula tions for the government and management of such Union School, and for the preservation of the property of such district. Such District Board shall also have power to regulate and clasify the studies, and prescribe the books to be used in such school.

How boundaries of District altered.

Districts having

three hundred

four and eighteen

row Money.

(2411.) SEC. 13. No alteration shall be made in the bounda ries of any School District having a Union School, without the written consent of a majority of the District Board of such district.

(2412.) SEC. 14. Any School District having more than three children between hundred children, between the ages of four and eighteen years, may bor years, residing in such district, shall have power and authority to borrow money to pay for a site for a Union School House, to erect buildings thereon, and to furnish the same, by a vote of two-thirds of the qualified voters of said district present any annual meeting, and by a like vote at any other regular

amount.

meeting: Provided, That the times of holding such meetings Limitation of shall not be less than five days, nor more than six months apart, and that the whole debt of any such district, at any one time, for money thus borrowed, shall not exceed fifteen thousand dollars.

posited with

may be drawn

(2413.) SEC. 15. The Circuit Judge, Judge of Probate, or How Money deCircuit Court Commissioner of any.county where any money County Treasurer has been deposited with the County Treasurer of such county, from him. as hereinbefore provided, shall, upon the written application of any person or persons entitled to such money, and upon receiving satisfactory evidence of the right of such applicant to the money thus deposited, make an order, directing the County Treasurer to pay the money thus deposited with him to said applicant; and it shall be the duty of such County Treasurer, on the presentation of such order, with the receipt of the person named therein endorsed on said order, and duly acknowledged, in the same manner as conveyances of real estate are required to be acknowledged, to pay the same; and such order, with the receipt of the applicant or person in whose favor the same shall be drawn, shall, in all Courts and places, be presumptive evidence in favor of such County Treasurer, to exonerate him from all liabity to any person or persons for said money thus paid [by] him.

Commis- Compensation of

Officers and Ju rors on proceedings to obtain site

(2414.) SEC. 16. Circuit Judges, Circuit Court sioners, and Justices of the Peace, for any services rendered under the provisions of this act, shall be entitled to the same for School House, fees and compensation as for similar services in other special proceedings; jurors, constables and Sheriffs, shall be entitled

to the same fees as for like services in civil cases in the Circuit Court.

a

Justice unable to attend, another may finish pro ceedings.

(2415.) SEC. 17. In case any Circuit Judge, Circuit Court When Judge or Commissioner, or Justice of the Peace, who shall issue summons or venire for a jury, shall be unable to attend to any of the subsequent proceeedings, in such case, any other Circuit Court Commissioner or Justice of the Peace may attend and finish such proceedings.

issued for Money

(2416.) SEC. 18. Whenever any School District shall have Bonts may be voted to borrow any sum of money, the District Board of Loaned. such district is hereby authorized to issue the bonds of such district in such form, and executed in such manner by the Moderator and Director of such district, and in such sums, not less than fifty dollars, as such District Board shall direct, and with such rate of interest, not exceeding ten per centum per

Interest thereon. annum, and payable at such time or times as the said district shall have directed.

District may raise
Tax to pay Loan.

(2417.) SEC. 19. Whenever any money shall have been borrowed by any School District, the taxable inhabitants of such district are hereby authorized, at any regular meeting of such district, to impose a tax on the taxable property in such district for the purpose of paying the principal thus borrowed, or any part thereof, and the interest thereon, to be levied and collected as other School District taxes are collected. SEC. 20. This act shall take effect immediately. (cc)

CHAPTER LXXIX.

OF REPORTS FROM INCORPORATED ACADEMIES, AND OTHER

LITERARY

INSTITUTIONS.

SECTION 2418. Report to be made to Superintendent of Public Instruction; Contents of Report.

Report to be made to Superintendent of Public

An Act requiring certain Returns to be made from Incorporated Academies, and other Literary

Institutions.

[Approved March 4, 1839. Laws of 1839, p, 15.]

(2418.) SECTION 1. Be it enacted by the Senate and House of Instruction. Representatives of the State of Michigan, That it shall be the duty of the President of the Board of Trustees of every organized Academy, or literary or collegiate institution, heretofore incorporated or hereafter to be incorporated, to cause to be made out by the principal Instructor, or other proper officer, and forwarded, by mail or otherwise, to the office of the Superintendent of Public Instruction, between the first and fifteenth days of December, in each year, a report, setting forth the amount and estimated value of real estate owned by Contents of Re- the Corporation, the amount of other funds and endowments, and the yearly income from all sources, the number of

port.

(cc) For Laws relative to Free Schools in the City of Detroit, see Laws of 1842, p.112; 1843, p. 22; 1846, p. 101; 1847, p. 50; 1850, p. 50; 1855, p. 3; 1857, p. 163.