to confirm

ceedings dis

SEC. 27. Upon dismissal of an appeal, or on rendition of When court verdict favorable to the village in any case after a trial in the right of village circuit court, said court shall enter judgment and confirm the to property. proceedings and rights of the village to take and appropriate the lands of the appellant for the purpose mentioned in the resolution of the council. In cases appealed from a justice unless the appellant shall recover a verdict and judgment for at least fifty dollars more than the amount awarded to him before the justice, he shall pay costs to the village; otherwise the court shall award such costs to him or to the village as shall be just. If the verdict or judgment rendered in any When procase tried in the circuit court shall be against the village continued. upon the question of the necessity of taking the property described in the petition for public use, or for the benefit of the public, or if for any other reason the village council shall deem it best to discontinue such cause and not to take further proceedings therein, they may, by resolution so declare, and thereupon the village clerk shall make and certify a copy of such resolution and deliver the same to the village attorney, who shall file such certified copy of resolution with the clerk of the circuit court. Upon the same being so filed said cause shall be deemed to be discontinued and no further proceedings therein shall be taken, except that the village shall pay all costs awarded against it by the court. The village council may institute new proceedings for the taking of such lands or any part thereof at any time thereafter.

When and

how judge to

settle case.

appeal to

court.

SEC. 28. The judge of the circuit court shall at the request of either party in said cause in the circuit court, within a time to be fixed by said court or judge thereof, settle a case according to the usual practice of said court, showing the material evidence and instructions given to the jury, and the proceedings had upon any disputed point to which exception was taken, and the objections, rulings and exceptions in the case, which shall be signed by the circuit judge and filed with the clerk of said court. Either party to said cause in the circuit When may court may, within fifteen days after the filing of said case, supreme made or if no steps be taken to make and settle a case, then within fifteen days after the entry of judgment in the circuit court, appeal therefrom to the supreme court by filing with the clerk of the circuit court and serving upon the opposite party or his attorney, a notice and claim of appeal. Such notice shall specify the objections to the proceedings had in the premises and all other objections, if any, shall be deemed to have been waived. If the appeal is taken by either When responof the respondents he shall, within the time allowed for the bonds. giving of such notice, file a bond in said circuit court to be approved by the judge thereof, conditioned for the prosecution of his appeal to judgment and the payment of all costs, damages and expenses that may be awarded against him in case the judgment shall be confirmed. In case of an appeal by the village no bond shall be required. In case of such appeal the clerk of the circuit court on payment of his legal

dents to file

Duty of supreme court relative to

case.

When village clerk to record verdict.

Apportionment of judgments,

etc.

fees and charges, shall transmit to the supreme court such case made and a certified copy of the necessary files, records and proceedings in the cause.

SEC. 29. The said appeal may be brought on for hearing at any term of the supreme court by notice thereof being given according to the rules and practice of the court. Said court shall pass only upon such objections as are specified in the written notice of appeal, and may confirm or for any substantial error reverse the judgment, and may grant a new trial in the circuit court. The said court shall allow the prevailing party his reasonable costs and expenses to be taxed, and give judgment as in other civil cases, and all costs, damages and expenses awarded to the 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. 30. If a verdict and judgment in such cause shall be rendered in favor of the village, either by a justice of the peace or in the circuit court and after the same shall become final unless the cause shall have been discontinued as hereinbefore provided, it shall be the duty of the village clerk to procure copies of the judgment of the circuit court or of the justice of the peace as well as of the verdict of the jury, and the same shall be recorded in a book of records to be kept by him, and the docket of such justice, or the judgment of said circuit court, as well as the book of records of such proceedings kept by said clerk, or certified copies thereof, shall be presumptive evidence of the matters therein contained, and of the regularity of all the proceedings to appropriate the prop erty sought to be acquired, and to confirm the same.

SEC. 31. After the recording by the village clerk of the final judgment and verdict as provided in the last preceding section the proper and necessary proceedings in due course may be taken by the village council for the collection of the sum or sums awarded by the jury. If the council believe that a portion of the 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 proportion of the compensation awarded by the jury, and of the costs and expenses incurred in connection with the proceedings, shall be assessed upon the owners or occupants of real estate deemed to be thus benefited, and thereupon they shall, by resolution, fix and determine the district or portion of the village benefited, and specify the amount to be assessed upon the owners or occupants of the taxable real estate therein. In determining the amount of such costs and expenses the council may include all costs and expenses incurred or paid for jurors' fees, expenses of abstracts, all surveys and maps. and all other necessary expenses. 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 be, to the advantage which each such lot, parcel or sub

how made.

to be evi

division is deemed to acquire by the improvement. The assess- Assessments, ment shall be made and the amount levied and collected in the same manner and by the same officers and proceedings, as near as may be, provided in and by the act, entitled "An act to provide for the incorporation of villages within the State of Michigan and defining their powers and duties," approved February nineteen, eighteen hundred ninety-five, as amended, of which this act is amendatory, for assessing, levying and collecting the expense of public improvement. The Roll, of what assessment roll containing said assessments when ratified dence. and confirmed by the council, 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 amount or portion of such awarded compensation, costs and expenses shall not be raised in the manner herein provided shall be assessed, levied and collected upon the taxable real estate of the village, the same as other general taxes are assessed and collected therein. At any sale which takes place of the assessed premises or any portion thereof delinquent for nonpayment of the amount assessed and levied thereon, the village may become a purchaser.

to property

SEC. 32. Within one year after the judgment in said cause Compensation shall become final the council shall set apart and cause to be owners, how provided in the treasury, unless the cause shall have been paid. discontinued and unless already provided, 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 if not already provided, direct the village 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 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 council may provide the necessary amount by borrowing from any other money or fund in 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 when treassum is actually in the 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 justice before whom such proceedings were had, or his successor, or in the office of the clerk of the court in which the proceed

urer to pay.

session of

property.

ings were had, and the other to be filed with the village clerk, which certificates shall be prima facie evidence of the matWhen council ters therein stated. Whenever the amount of such compensamay take pos- tion is in the treasury and thus secured to be paid, the council may enter upon and take possession of and use such private property for the purposes 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 council, 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 council, by the village attorney, may apply to the justice or other proper 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. in proceedings.

What to be evidence of ownership of property.

In case of buildings on property.

SEC. 33. Officers and witnesses in any proceeding under this chapter shall be entitled to receive the same fees and compensation as are provided by law for similar services in an ordinary action at law in the court where the case is tried. Persons summoned to serve as jurors before a justice shall be entitled to a fee of two dollars per day and also ten cents per mile for each mile actually traveled in going to the place of trial. All said fees and mileage shall be paid by the village. Persons summoned to serve as jurors in the circuit court shall be entitled to receive the same per diem fee and the same mileage as is allowed by law for jurors in the circuit court; such fees and mileage of the persons so summoned as jurors shall be paid in the first instance by the county, but shall be repaid to the county by the village.

SEC. 34. It shall be prima facie evidence as to who are owners of and persons interested in any property proposed to be taken in the proceedings instituted under this chapter, if the register or deputy register of deeds of the county shall testify in open court that he has examined the records and titles in his office, and states who such records show, are the owners of, and persons interested in such property, and the nature and extent of such ownership and interest; and an abstract of the title of such property, or of any parcel or parcels. thereof, certified by the register or deputy register of deeds, shall also be prima facie evidence as to ownership, and persons having an interest in any such property, and the extent and nature of such interest.

SEC. 35. In case there is on the private property taken a building or other structure, the same shall be sold by or under the direction of the council; the amount produced by the sale shall belong and be paid to the fund for paying the compensation awarded for the property taken, and the council shall cause such amount to be credited and applied in reduction pro rata of the assessment and apportionment made to pay for the property taken.

purchase

SEC. 36. Nothing in this chapter contained shall prevent Village may any village from obtaining private property for any of the property. public uses herein specified by negotiation and purchase. This act is ordered to take immediate effect. Approved June 4, 1903.

[No. 177.]

AN ACT to amend section three of chapter seventy-four of the Revised Statutes of eighteen hundred forty-six, entitled "Of the partition and distribution of estates," being section nine thousand four hundred forty-four of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section three of chapter seventy-four of the Section Revised Statutes of eighteen hundred forty-six, entitled "Of amended. the partition and distribution of estates," being section nine thousand four hundred forty-four of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows:

designate.

(9444) SEC. 3. In such decree the court shall name the Decree of persons and the proportions or parts to which each shall be court, what to entitled; and such persons shall have the right to demand when persons and recover their respective shares from the executor or to recover. administrator, or any other person having the same or any part thereof, after the expiration of sixty days from the date of such decree, unless an appeal shall have been taken therefrom, in which case they shall have the same right immediately upon the final termination of such appeal. Approved June 4, 1903.

[No. 178.]

AN ACT making appropriations for the State Board of Geological Survey for the fiscal years ending June thirty, nineteen hundred four, and June thirty, nineteen hundred five, for printing reports and other extraordinary expenses and to provide a tax to meet the same.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated for the State Appropriation Board of Geological Survey, as constituted by act number for printing. sixty-five of the laws of eighteen hundred sixty-nine, for print