be summoned.

How im

to be taken. At such meeting of the common council, or at a subsequent meeting to which the subject matter is postponed, the council is authorized to treat with such person or persons for such property, and if such person or persons shall refuse to When jury to treat for the same, or if the parties cannot agree therefor, it shall and may be lawful for the common council to direct any justice of the peace of said city to issue a venire facias, commanding the chief of police of said city to summon and return a jury of twelve disinterested freeholders of said city, to appear before the said justice of the peace, at a time and place therein to be stated, to inquire into and determine the necessity for using such property, and the just compensation to be paid therefor to the owner or owners of, or parties interested in said property or premises; and in the impaneling of such jury, the right of challenge, paneled. enforcement of attendance and summoning of talesmen is hereby conferred as is provided by general law in this State for justice courts in civil cases, except that talesmen shall have the same qualifications required of jurors herein, and that no more than two peremptory challenges shall be permitted to the corporation, and a like number of the individual or individuals collectively, whose property is sought to be taken; and the challenge to the array shall be in writing, and shall specify the cause. The said jury, being first duly sworn by said justice, faithfully and impartially to in- What to quire into the necessity for taking or using such property, and to ascertain and determine the just compensation to be paid therefor, and having viewed the premises, if necessary, shall inquire of and assess such damages and recompense as they shall judge fit to be awarded to the owner or owners, or the parties interested in such grounds and premises, for their respective injuries, according to the several interests or estates therein; and the said justice shall, upon the return of such as

determine.

sesment or verdict, enter judgment therefor, con-
firming the same, and the determination of such
jury as to the necessity of taking such private prop-
erty for public use shall be final and conclusive:
Provided, That any party to said suit, considering
himself aggrieved by such verdict and judgment
may, as to the amount of damages awarded, ap-
peal from such judgment to the circuit court for
the county of Bay, or to any court of competent
jurisdiction upon giving notice of his, her or their
intention so to do, to said justice, and filing a
bond with said justice in the penal sum of two hun-
dred dollars, with sureties to be approved by the
justice, which bond shall be conditioned that the
party appealing will prosecute the appeal to effect
and pay any costs that may be awarded against
appellants in the circuit court: Provided, That
where Bay City appeals, the bond shall not be re-
quired. Said appellant or appellants shall cause
to be filed with the clerk of the circuit court, a
transcript of the proceedings aforesaid, duly certi-
fied by said justice of the peace, within thirty
days after the entry of the judgment, and shall
pay to said justice the sum of three dollars
for making the return of such appeal. Upon fil-
ing the justice's return as aforesaid, the circuit
court shall have jurisdiction of the case.
The par
ties may proceed to trial by jury as to the amount
of damages only, without reference to any term
of court. The appeal of one or more persons shall
not in any way affect said judgment as to the
other persons interested herein who do not appeal.
Upon the day which the said circuit court shall
set for the trial of said cause, the sheriff, under
sheriff or deputy sheriff of the County of Bay shall
make a list of twenty-four resident freeholders
of the city of Bay City, and the city attorney or
his assistant, and the respondents collectively, shall
each have the right to strike six names from the
list of persons written down as aforesaid, and sub-

ject to objection for cause; the twelve whose names are left on the list shall compose a 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, the same shall be done by the judge of the court, and in case any of the persons summoned upon said jury cannot be found, or, being summoned, do not attend, or shall be executed for cause or otherwise, talesmen possessing the neces sary qualifications may be summoned as jurors in the case, by said sheriff or other officer aforesaid, and the practice and proceedings under this act, except as herein provided relative to impaneling, summoning and excusing jurors and talesmen, and imposing penalties and fines upon them for nonattendance, 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. The said jurors shall be duly sworn to faithfully and impartially determine the just com- What to pensation to be paid for the property proposed to be taken, and having viewed the premises, if necessary, shall assess such damages as they shall judge fit to be awarded to the owner, owners or parties interested in such property, for their respective injuries, according to their several interests or estates therein, The verdict or finding of said jury upon the question of damages shall be conclusive. conclusive, and when the judgment in the circuit court shall not exceed the damages assessed before the justice by at least twenty-five dollars, or when said city appeals, if said judgment of the justice. shall not be reduced, a like amount, then the party appealing shall pay all costs occasioned by such appeal, otherwise such appellant shall be entitled to costs. The council shall pay or cause to be

determine.

Verdict to be

Amount

awarded, how paid.

Question of issuing bonds, when submitted to electors.

Notice of submission.

Election, how conducted.

paid the several sums awarded in either of the courts aforesaid, out of the special improvement fund, if there are sufficient moneys in the treasury belonging to that fund to pay the same. If there are not sufficient of such moneys in said treasury to pay said award, the council is authorized to and shall cause an order to be drawn on such fund, with interest at five per cent, payable at some future day within one year from date, as a security to the person or persons to whom such compensation shall be awarded, for the amount of such compensation so awarded to him or them, and shall deliver the same to such person or persons, or his or their agent or attorney. It shall thereupon be lawful for said council to cause such grounds to be occupied for the purposes aforesaid.

Sec. 39. Whenever the council shall deem it necessary to issue the bonds of the city for any purpose, the payment of which is to be borne by general taxation, the question of the issuing of said bonds shall be submitted to the electors of the city at the annual election in April, or at the general election in November, and at least thirty days' notice of such submission shall be given immediatelv preceding said election, by publication in the official paper of said city, specifying the amount of, not exceeding fifty thousand dollars, and the object for which it is proposed to issue said bonds, except as herein otherwise provided. A separate ballot box shall be provided for the receiving of ballots and the votes on said question shall be canvassed, declared and returned, and all things with reference thereto done in the same manner, as near as may be, as in the case of election of city officials. At the close of such elections, the inspector of elections shall make two certificates of the number of votes given, for and against such issue of bonds, one of which shall be forthwith deposited with the records of said city and the other filed in the office of the county clerk of Bay

Proviso as to

county: Provided, That no more than two such
elections on the question of issuing bonds as afore- number of
said shall be held in any one year.

elections.

Bonds, how and when payable,

rate of interest.

Negotiated at

used.

Sec. 40. Said loan or loans shall be secured by the bonds of the city, payable at such times and in such amounts, and bearing such rate of interest, not exceeding five per cent per annum, as said common council shall determine. The said bonds shall be endorsed "Bay City Bonds," and each bond and How endorsed. coupon shall bear upon its face the specific purpose for which issued; the bonds shall be numbered consecutively, and no sale thereof shall be negotiated par. at less than face value or par. The proceeds de- Proceeds, how rived from the sale of such bonds, principal and premium, shall be paid to the city treasurer, and by him placed to the credit of a fund to be called by such name as will indicate the specific purpose for which issued, and no appropriation or payment of said fund shall be ordered by the common council, or be made except for the purpose or purposes for which said bonds were issued; accrued in- Accrued terest received in connection with such bond sales shall be paid to the city treasurer and be by him deposited to the credit of interest account in the general fund.

Sec. 41. Whenever the council shall be authorized by a vote of the electors, as provided in this act, they may issue the bonds of the city for the amount as voted, and provide for the payment of the principal and interest thereon, and for this purpose shall annually levy, assess and collect, on the assessed value of all the real and personal estate in said city, made taxable by the laws of this State, taxes for this purpose, not to exceed in amount a sufficient sum to pay the interest accrued or to accrue on said bonds for the year in which said taxes are levied, and the principal as it shall become due: Provided, however, That where the bonds are not issued in serial form, that is equal payments or principal yearly, between the date

interest.

Council to pro

vide tax for

payment of

bonds.

Proviso as to issued in serial form.

bonds not