[No. 182.] AN ACT to amend sections one, two, three, four, six, nine and twelve of chapter eight of act number one hundred sixtyfour of the public acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being compiler's sections four thousand seven hundred twenty-eight, four thousand seven hundred twenty-nine, four thousand seven hundred thirty, four thousand seven hundred thirty-one. four thousand seven hundred thirty-three, four thousand seven hundred thirty-six and four thousand seven hundred thirty-nine of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. Sections one, two, three, four, six, nine and Sections twelve of chapter eight of act number one hundred sixtyfour of the public acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being compiler's sections four thousand seven hundred twenty-eight, four thousand seven hundred twenty-nine, four thousand seven hundred thirty, four thousand seven hundred thirty-one, four thousand seven hundred thirty-three, four thousand seven hundred thirty-six and four thousand seven hundred thirty-nine of the Compiled Laws of eighteen hundred ninety-seven, are hereby amended so as to read as follows: designate ors to SECTION 1. The qualified voters of any school district, Voters may when lawfully assembled, may designate by a vote of two schoolhouse thirds of those present, such number of sites as may be de- sites. sired for schoolhouses, and may change the same by a similar vote at any annual meeting, or may vote to enlarge any existing site. When no site can be established by such inhab- When inspectitants as aforesaid, the school inspectors of the township or designate. townships in which the district is situated shall determine where such site shall be, and their determination shall be certified to the director of the district, and shall be final, subject to alteration afterwards by the inspectors, on the written request of two-thirds of the qualified voters of the district, or by two-thirds of the qualified voters agreeing upon a site, at a district meeting lawfully called. pensation for by jury. SEC. 2. Whenever a site for a schoolhouse shall be desig. When comnated, determined, established or enlarged, in any manner site to be provided by law, in any school district, and such district shall determined be unable to agree with the owner or owners of such site upon the compensation to be paid therefor, or for the land to enlarge the same, or in case such district shall, by reason of any imperfection in the title to said site, or land to be added Proviso. Jury, how summoned, duties, etc. Notice of meeting of jury. thereto, arising either from break in the chain of title, tax sale, mortgages, levies, or any other cause, be unable to procure a perfect, unincumbered title in fee simple to said site, or land for the enlargement thereof, the district board of such district shall authorize one or more of its members to apply to the circuit judge, if there be one in the county, or to a circuit court commissioner of the county, or to any justice of the peace of the city or township in which such school district shall be situated, for a jury to ascertain and determine the just compensation to be made for the real estate required by such school district for such site, or for the enlargement thereof, and the necessity for using the same, which application shall be in writing, and shall describe the real estate required by such district as accurately as is required in a conveyance of real estate: Provided, That whenever any school district shall have designated, selected or established in any manner provided by law, a schoolhouse site, or land for the enlargement thereof, such selection, designation or establishment shall be prima facie evidence to said jury of the necessity to use the site so established. SEC. 3. It shall be the duty of such circuit judge, circuit court commissioner, or justice of the peace, upon such application being made to him, to issue a summons or venire, directed to the sheriff or any constable of the county, commanding him to summon eighteen freeholders residing in the vicinity of such site, who are in nowise of kin to the owner of such real estate, and not interested therein, to appear before such judge, commissioner, or justice, at the time and place therein named, not less than twenty nor more than fifty days from the time of issuing such summons or venire, as a jury to ascertain and determine the just compensation to be made for the real estate required by such school district for such site, or for the enlargement thereof, and the necessity for using the same, and to notify the owner or occupant of such real estate, if he can be found in the county, of the time when and the place where such jury is summoned to appear, and the object for which such jury is summoned; which notice shall be served at least ten days before the time specified in such summons or venire for the jury to appear as hereinbefore mentioned. SEC. 4. Thirty days previous notice of the time when and the place where such jury will assemble shall be given by the district board of such district, where the owner or owners of such real estate shall be unknown, non-residents of the county, minors, insane, non compos mentis, or inmates of any prison, by publishing the same in a newspaper published in the county where such real estate is situated; or if there be no newspaper published in such county, then in some newspaper published in the nearest county where a newspaper is published, once in each week for four successive weeks, which notice shall be signed by the district board or by the director or treasurer of such district, and shall describe the real estate required for such site, or for the enlargement thereof, and state the time when and place where such jury will assemble, and the object for which they will assemble; or such notice may be served on such owner personally, or by leaving a copy thereof at his last place of residence. witnesses. SEC. 6. The twelve persons selected as the jury shall be Duties of jury. 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, or for the enlargement thereof, and the necessity for using the same in the manner proposed by such school district; and the persons thus sworn shall constitute the jury in such case. Subpoenas for witnesses may be issued, and their attend. May call ance compelled by such circuit judge, commissioner or jus tice in the same manner as may be done by the circuit court or by a justice's court in civil cases. The jury may visit and examine the premises, and from such examination and such other evidences 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 Certificate of stating that it is necessary that said real estate, describing jury. it, should be used as a site for a schoolhouse for such district, or to enlarge its existing site; also stating the sum to be paid by such school district as the just compensaion for the same. The said circuit judge, circuit court commissioner, or justice of How the peace, shall sign and attach to, and indorse upon the certificate thus subscribed by the said jurors, a certificate stating the time when 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. indorsed. court to a ward district. SEC. 9. Upon satisfactory evidence being presented to When circuit the circuit court of the county where such real estate lies, writ of that such judgment, or the sum ascertained and determined possession to by the jury as the just compensation to be paid by such district for such site, or for such addition to its site, has been paid, or that the amount thereof has been deposited according to the provisions of the preceding sections, 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 successors and assigns, and shall, in and by such order or decree, award to such school district a writ of possession for the recovery of the possession of such In cases of encumbered property. real estate; a copy of which order or 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 time of making such payment or deposit, be vested forever thereafter in such school district and its successors and assigns in fee. SEC. 12. In case the said schoolhouse site, or land required to enlarge the same, is encumbered by mortgage, levy, tax sale, or otherwise, as aforesaid, the mortgagee, or other parties claiming to be interested in said title shall severally be made a party to the procedure as aforesaid, and shall be authorized upon the filing of the certificate of the jury in the circuit court of said county, to appear before the circuit judge and make proof relative to their proportionate claims to the said site, or the compensation to be made therefor, as determined by said jury. And the said circuit judge shall, by decree, settle their several claims in accordance with the rights of the parties respectively, and may divide the sum awarded by said jury between the claimants as in his judgment will be equitable and right, rendering against said district a separate judgment for each of the amounts so awarded. Approved June 4, 1903. When decree not to be made. [No. 183.] AN ACT defining the jurisdiction of circuit courts in chancery in certain cases. The People of the State of Michigan enact: SECTION 1. No decree shall be made or entered for the complainant in any suit pending, or in any suit which may be hereafter commenced, in any of the circuit courts in chancery in this State, brought to restrain the proceedings taken, or about to be taken, by any officer or officers of any township, county, or municipality, which may or shall result in a tax being levied upon property, unless the tax which may or shall be levied upon the property of any such complainant shall amount to more than one hundred dollars, and all such suits brought shall be dismissed by the court. This act is ordered to take immediate effect. [No. 184.] AN ACT making appropriations for the Michigan State Prison for deficiency in the appropriation for general repairs for the fiscal year ending June thirty, nineteen hundred two, for building and special purposes for the fiscal year ending June thirty, nineteen hundred four, and to provide a tax therefor. The People of the State of Michigan enact: transfer of funds. SECTION 1. The sum of one hundred seventy-three thousand Appropriafour hundred thirty-five dollars is hereby appropriated for the tion. Michigan State Prison for the fiscal year ending June thirty, nineteen hundred four, for purposes and amounts as follows: For deficiency in the appropriation for general repairs for the How used. fiscal year ending June thirty, nineteen hundred two, the sum of two thousand dollars; for building new storage room and equipment for dining room and kitchen, ten thousand dollars; for the purchase of new machinery, two thousand thirty-five dollars; for the purchase, construction and erection of new cells in the west wing of said prison, one hundred forty-seven thousand four hundred dollars; for the purpose of purchasing a pump for the prison water-works system, two thousand dollars; for general repairs, ten thousand dollars: Provided, Proviso as to That if the amount designated in this section for any one of the purposes stated be insufficient to complete the work or purchase, any surplus remaining after the completion of the other work or purchase specified in this section may, by obtaining the consent of the State Board of Corrections and Charities and Auditor General in writing, before any expense in excess of the specific appropriation is incurred, be used in the account or accounts where such deficiency seems unavoidable, the intent of this proviso being to make the entire one hundred seventy-three thousand four hundred thirtyfive dollars available for the purposes stated herein, if in the judgment of the State Board of Corrections and Charities and Auditor General it is deemed advisable to make the transfers for which provision is hereby made: Pro- Further vided further, That the board of control may obtain money under this section before July first, nineteen hundred three, in such amounts as they may by requisition certify to the Auditor General are necessary for immediate use, which amounts thus advanced shall be deducted from the total amount appropriated when the appropriation becomes avail able. proviso. SEC. 2. The several sums appropriated by the provisions How paid. of this act shall be paid out of the State treasury to the warden of the Michigan State Prison at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his accounts to the Auditor General thereunder. |