the foreman or by all the jurors. The jury shall award just Award of compensation therefor to the owners of the absolute title in compensation. fee of the property taken, as well as to the owners of any mortgage, lease, agreement, lien, estate, or other interest therein, but the petitioner may take such property subject to any mortgage or lien therein in manner and form as provided in section eight of this act. be set aside. SEC. 14. The verdict of the jury may be set aside by the Verdict may court, either wholly or in part, and a new trial ordered either upon the whole case or upon such parts thereof as the court may deem just. Amendments either in form or substance Amendments. may be allowed in any paper, petition, process, record or proceedings, 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 otherwise, whenever the amendment will not interfere with the substantial rights of the parties. Any such amendment may be made When made. after as well as before judgment confirming the verdict of the jury. new trial or to arrest. SEC. 15. Motions for a new trial or to arrest the proceed- Motions for ings shall 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 made, or being made is overruled, the court shall enter an order or judgment confirming the verdict of the jury; and such judgment of confirmation, unless reversed Judgment. by the supreme court, shall be final and conclusive as to all persons interested therein. appeal. SEC. 16. Any person whose property may be taken, as well Right of as the petitioner, considering himself aggrieved, may appeal to the supreme court 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 attorney, corporation, counsel or other law officer of the city 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 or confirmation shall be affirmed. Such How 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. perfected. court clerk. Duty of judge. SEC. 17. In case of such appeal the clerk of the court, on Duty of 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 objec tions, rulings, and exceptions in the case, all of which shall be Hearing on appeal. returned by said clerk as part of the records, to the clerk of the supreme court. SEC. 18. The said appeal may be brought on for hearing at any term of the supreme court, and said court may affirm, or for any substantial error reverse the judgment, either in whole or in part, and may grant a new trial, either upon the whole case or upon such parts as the court may deem just. Allowance of The said court shall allow the prevailing party his reasonable costs and expenses to be taxed, and all costs, damages and expenses awarded to the city, 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. costs, etc. Damages. Copy of verdict sent to common council. SEC. 19. 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 a certified copy of the verdict of the jury, and of the judgment of confirmation, and of the judgment, if any, Collection of 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. sums awarded. Duty of common council in compensating owners. To direct treasurer to pay. Security of fund. Council may borrow. When to SEC. 20. Within one year after the confirmation of the verdict of the jury or after the judgment of confirmation shall on appeal be confirmed, the common council shall set apart and cause to be provided in the treasury, unless already provided, the amount required to make compensation to the owners and persons interested for the absolute title in fee to 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 city 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 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 may provide the necessary amount by borrowing from any other money or fund in the treasury and to 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 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 etc., resistance, 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 shall be prima facie evidence of the matters therein stated. Whenever the amount of such compensation is in the When may treasury and this secured to be paid, the city may enter upon enter and take possession of and use such private property and said property. city, its successors and assigns shall be seized and possessed of the absolute title in fee to the property so taken. In case of In case of resistance or refusal on the part of any one to the common etc. council or its agents and servants entering upon and taking possession of such private property for the use and purpose for which it is 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, by the city attorney, corporation counsel or other law officer of the city, 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: Provided always, That when the money awarded by the jury for just compensation for the taking of any such public utility shall have been paid into the city treasury as above provided, or the payment thereof secured to the satisfaction of the court, after due notice to all concerned, then the petitioners shall be entitled to enter into and take possession of any such public utility and to have the writ of assistance of need to, notwithstanding the pendency of an appeal to the supreme court. Writ of assistance. Proviso, appeal pending. SEC. 21. Officers, jurors and witnesses in any proceedings Fees of offcers, jurors, under this act shall be entitled to receive from the city insti- etc. tuting 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. etc., paid. Attorney fee SEC. 22. All the expenses and costs of the proceedings to Expenses, take and use private property under this act incurred by the . how city shall be paid out of the general fund, contingent fund, or a fund provided for such purposes, as the case may be; and it shall be lawful for the judge in any case to order the payment by the city.to any respondent of such a reasonable attorney fee as he may deem just not exceeding twenty-five dollars, which may be taxed with the costs. of respondent. May not disrendition continue after of verdict. SEC. 23. The common council shall not have the power to discontinue proceedings under this act after the rendition of the verdict of the jury that it is necessary to take the absolute title in fee to the property for public use and awarding compensation therefor, but they may direct the city attorney, corporation counsel, or other law officer of the city, to move for a new trial, or to arrest the proceedings, or to take an New trial, appeal to the supreme court, and in any such case the same proceedings shall be taken as are hereinbefore prescribed in the case of like proceedings on the part of any respondent, except that no bond shall be required. etc. Prima facie evidence of ownership. Saving clause. SEC. 24. 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 act 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. 25. If any clause, sentence, paragraph, or part of this act shall for any reason be adjudged, by any court of competent jurisdiction, to be invalid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its operation to the clause, sentence or paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. SEC. 26. Any acts or parts of acts, insofar as they conflict with the provisions hereof, are hereby repealed. Approved April 25, 1919. Supervisory Form and extent of reports, etc. Number of copies, etc. [No. 120.] AN ACT to supplement the laws relating to the printing, binding, publication and distribution of State documents, prescribing the duties of the Board of State Auditors and the State departments, institutions, boards, commissions and officers with reference thereto. The People of the State of Michigan enact: SECTION 1. The Board of State Auditors shall have supervisory powers and control over the printing and distribution of all publications relating to the activities of the State government, the publication of which is, or which may hereafter be, authorized by law. Said Board of State Auditors shall prescribe the form and extent of all reports, publications, and any and all printing and binding, of each department, institution, board, commission and office of this State; shall determine the number of copies thereof to be printed, the number of pages to which any such publication may extend, and also the kind of paper and binding to be used in such publications. publication incur print SEC. 2. It shall be the duty of each department, institu- Revision and tion, board, commission and office of the State government, of copy. directed by law to make annual or special reports, or to publish other documents, to hereafter send the copy therefor to the Board of State Auditors for revision and publication. It shall be unlawful for any such department, institution, Unlawful to board, commission or officers of this State to incur any ing expense. expense on behalf of the State for the printing and publication of any report or document of any kind or character from and after the date when this act takes effect: Provided, Proviso, nonapplication The provisions of this act shall not apply to any publication, of act. document, proclamation or report issued by the Governor, the supreme court, or that may be ordered by the legislature payment, how or either house thereof. No warrant on the State Treasurer warrant for for the payment of any moneys for the publication of any paym such reports, documents or publications shall be drawn or approved. issued unless approved by said Board of State Auditors. This act is ordered to take immediate effect. Approved April 25, 1919. [No. 121.] AN ACT to amend section one of act number two hundred of the Session Laws of eighteen hundred forty-nine, entitled "An act to authorize township boards to raise money by tax, or by borrowing, in certain cases, to defray township expenses, being section two thousand one hundred twenty-eight of the Compiled Laws of nineteen hundred fifteen, as amended by act number twenty-four of the Public Acts of nineteen hundred seventeen. The People of the State of Michigan enact: SECTION 1. Section one of act number two hundred of Section amended. the Session Laws of eighteen hundred forty-nine, entitled "An act to authorize township boards to raise money by tax, or by borrowing, in certain cases, to defray township expenses," being section two thousand one hundred twentyeight of the Compiled Laws of nineteen hundred fifteen, as amended by act number twenty-four of the Public Acts of nineteen hundred seventeen, is hereby amended to read as follows: SEC. 1. Whenever the qualified electors of any township, at the annual township meeting, shall neglect or refuse to vote such sums of money as may be necessary to defray the When electors refuse, etc., to vote money. |