cited for any purpose in legal proceedings or otherwise, as the forestry reserve act. restored for SEC. 7. All other lands heretofore reserved from sale or Certain lands homestead entry in Roscommon and Crawford counties either sale, etc. by act number two hundred twenty-seven of the session laws of eighteen hundred ninety-nine, or concurrent resolution number seventeen of the session laws of nineteen hundred one, are hereby restored for sale or homestead entry as provided for other State lands. Approved June 4, 1903. [No. 176.] AN ACT to amend chapter thirteen of act number three of the public acts of eighteen hundred ninety-five, entitled "An act to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties," approved February nineteenth, eighteen hundred ninety-five, said chapter being sections two thousand nine hundred ten to two thousand nine hundred thirty-four inclusive, of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. That chapter thirteen of act number three of the Chapter public acts of eighteen hundred ninety-five, entitled "An act to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties," approved February nineteenth, eighteen hundred ninety-five, said chapter being sections two thousand nine hundred ten to two thousand nine hundred thirty-four inclusive, of the Compiled Laws of eighteen hundred ninety-seven, be amended so as to read as follows: CHAPTER XIII. APPROPRIATION OF PRIVATE PROPERTY. which may be SECTION 1. Private property may be taken and appropri- Purposes for ated for public use in any such village for the purpose of open- taken. ing, widening, altering and extending streets, alleys and avenues; for the construction of bridges, for public buildings and for other public structures; for public grounds, parks, market places and spaces; for public wharves, docks, slips, basins and landings on navigable waters, and for the improvement of water courses; for sewers, drains and ditches, for public hospitals, pest houses, quarantine grounds and public cemeteries, and for other lawful and necessary public uses. Right of, how acquired. When village attorney to institute proceedings. Copy of resolution to be delivered to attorney. to set forth. SEC. 2. If it shall become necessary to take and appropriate private property for the public uses or purposes specified in the preceding section, the right to occupy and hold the same, and the ownership therein and thereto, may be acquired by the village either in the manner, and with like effect, as provided by the general laws of this State relating to the taking of private property for public use in cities and villages, or by instituting and prosecuting the proceedings for that purpose as hereinafter set forth. SEC. 3. Whenever the council of any such village shall have declared a public improvement to be necessary in the village, and shall have declared that they deem it necessary to take private property, describing it, for such public improvement, designating it, and that the improvement is for the use or benefit of the public, they may by resolution, direct the village attorney to commence the necessary proceedings in behalf of the village, before a justice of the peace of the county in which such village is located, as they may designate or they may by resolution direct that such proceedings be commenced in the circuit court of such county, to carry out the objects of the resolution in regard to taking private property by the village for such public use. SEC. 4. In case the council shall direct that such proceedings be commenced before a justice of the peace. the village clerk shall make and deliver to such attorney, as soon as may be, a copy of such resolution certified under seal, and it shall be the duty of such attorney to prepare and file with such justice, in the name of the village, a petition signed by him in his official character and duly verified by him; to which petition a certified copy of the resolution of the council shall be annexed, which certified copy shall be prima facie evidence of the action taken by the council, and of the passage of said resPetition, what olution. The petition shall state, among other things, that it is made and filed as commencement of judicial proceedings by the village in pursuance of this chapter, to acquire the right to take private property for the use or benefit of the public, without consent of the owners, for a public improvement, designating it, for a just compensation to be made. A description of the property to be taken shall be given and generally the nature and extent of the use thereof that will be required in making and maintaining the improvement shall be stated, and also the names of the owners and others interested in the property, so far as can be ascertained, including those in possession of the premises. The petition shall also state that the council has declared such public improvement to be necessary and that they deem it necesary to take the private property described in that behalf for such improvement for the use or benefit of the public. The petition shall ask that a jury be summoned and impaneled to ascertain and determine whether it is necessary to make such public improvement. whether it is necessary to take such private property as it is proposed to take for the use or benefit of the public, and to ascertain and determine the just compensation to be made therefor. The petition may state any other pertinent matter or thing and may pray for any other or further relief to which the village may be entitled within the objects of this chapter. issue sum SEC. 5. Upon receiving said petition it shall be the duty Justice to of the said justice to issue a summons signed by him against mons. the respondents named in such petition, stating briefly the object of said petition, and commanding them, in the name of the people of the State of Michigan, to appear before said justice at a time and place to be named in said summons, not less than twenty nor more than forty days from the date of the same, and show cause, if any they have, why the prayer of said petition should not be granted. How and by In case of SEC. 6. Said summons shall be served by the village mar- whom served. shal or any constable of the county in which such village is located, at least five days before the return day thereof, upon all the respondents found within the county, by exhibiting the original and delivering a copy to each of them. If any respondent who is a resident of the county cannot be found, the summons shall be served by leaving a copy thereof at his or her usual or last place of abode, with some person of suitable age and discretion. If any minor or person of unsound mind is interested in the premises to be taken, service may be made on the guardian of such person, if any, and if there is no guardian the justice may appoint some discreet and proper person to be guardian ad litem of such person in such proceedings, and such guardian shall have authority to represent such person in said proceedings. The proceedings to appoint such guardian shall be the same as in other cases provided by statute. And if it shall appear on the return day of the summons failure of that any respondent cannot be found within the county and service. has not been served in the manner provided, or is a non-resident and has not voluntarily, appeared, the court may make an order requiring such respondent or respondents to appear and show cause why the prayer of the petition should not be granted on a day to be named in the order, not less than thirty days from the date thereof, and may require that a certified copy of such order be personally served on such respondents wherever found, if practicable, at least six days before the time named in the order for appearance, or the court may make such order for appearance and require, as to any or all such respondents who shall not have been personally served and have not appeared, that service be made by publishing a certified copy of such order for three successive weeks, at least once in each week, in at least one newspaper published within the village, if there be one, and if not, then in some newspaper published at the county seat of the county in which such village is located, the last publication to be at least six days before the day fixed in the order for appearance. Alias and pluries may pluries summonses may be issued and the justice may adjourn the proceedings from time to time as there shall be occasion. Service of such order for appearance in either mode prescribed Alias and issue. Empaneling of jury. Oath of jurors. Duties, etc. shall be sufficient notice of the proceedings to bind the respondents and the property represented by them. The return of the officer upon the summons and an affidavit of the due service or the publication of the order for appearance, if any, shall be filed with such justice before a jury shall be empaneled and be sufficient evidence of service on the respondents and of the manner of service. SEC. 7. On the return day of the summons or on some subsequent day to which the proceedings are adjourned, if no sufficient cause to the contrary has been shown, the justice shall make an order that a jury be empaneled in the cause. Such jury shall be composed of twelve freeholders of the county residing in the vicinity of the property to be taken described in the petition. The said jury shall be selected and empaneled as follows: The village marshal or any constable of the county shall on the same day, or at an adjourned day, pursuant to the order of the justice, make a list of twenty-four of such freeholders, and the village attorney and the respondents collectively shall each have the right to strike six names from the list of persons written down as aforesaid, and subject to objection for cause, the twelve persons whose names are left on the list shall compose the jury for the trial of the cause, and shall be summoned to attend not less than three nor more than ten days from the date of selecting such jury, by a venire issued by the justice and to be served by one of the officers aforesaid. If the respondents neglect or refuse to strike six names from said list it shall be done by the justice, and in case any of the persons to be summoned cannot be found by such officer in the county, or being summoned does not attend, or shall be excused for cause, or otherwise, talesmen possessing the necessary qualifications may be summoned as jurors in the case by such officers, and the practice and proceedings under this chapter, except as herein otherwise provided, relative to empaneling, summoning and excusing jurors and talesmen, and imposing penalties or fines upon them for non-attendance, shall be the same as the practice and proceedings of justices' courts relative to jurors in civil cases in such courts, except that peremptory challenges shall not be allowed. SEC. 8. The jurors so impaneled shall be sworn or shall affirm in substance as follows: "You do solemnly swear (or affirm) that you will well and truly ascertain and determine whether there is a public necessity for making the proposed improvement and for taking for the use or benefit of the public the private property which the petition describes and prays may be taken, and if you shall determine that it is necessary to make such improvement, and to take such property, that then you will ascertain, determine and award the just compensation to be made therefor, and faithfully and impartially discharge all such other duties as devolve upon you in this case, and unless discharged by the court, a true verdict give, according to the law and evidence, so help you God (or under the pains and penalties of perjury)." The jury shall hear the proofs and allegations of the parties, and shall go to the place of the intended improvement, in the charge of an officer, and upon or as near as practicable to the property proposed to be taken, and examine the premises. They shall be instructed as to their duties and the law of the case by the justice, and shall retire under the charge of an officer and render their verdict in the same manner as on the trial of an ordinary civil case, but the same shall be in writing and be signed by all the jurors. determine. SEC. 9. The jury shall determine in their verdict the ne- What to cessity for the proposed improvement and for taking such private property for the use or benefit of the public for the proposed improvement, and in case they find such necessity exists they shall separately award to the owners of such property and others interested therein such compensation therefor as they shall deem just. If any such private property shall be subject to a mortgage, lease, agreement, or other lien, estate or interest, they shall apportion and award to the parties in interest such portion of the compensation as they shall deem just. petition and SEC. 10. To assist the jury in arriving at their verdict the May have justice may allow the jury, when they retire, to take with them map. the petition filed in the case and a map showing the location of the proposed improvement and of each and all the parcels of property to be taken, and may also submit to them a blank verdict which may be as follows: PART I. We find that it is necessary to take the pri- Form of blank vate property described in the petition in this cause, for the verdict. use and benefit of the public, for the proposed public improvement. PART II. The just compensation to be paid for such private property we have ascertained and determined, and hereby award as follows: Description of each of the several parcels of Owners, occupants and others interested in each parcel. Compensation. To whom payable. The different descriptions of the property and the names of the occupants, owners and others interested therein may be inserted in said blank verdict, under the direction of the justice, before it is submitted to the jury, or it may be done by the jury. |