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3. Joint resolution requesting the Senators and Representatives of the State of Michigan in Congress to use their best endeavors to secure relief from the General Government to certain Homestead Settlers on railroad land, whose homestead certificates have been canceled by the United States of America, because of conflict with the land grant of the Grand Rapids and Indiana Railroad Company, approved March 24, 1874...
4. Joint resolution proposing amendments to the Constitution of the State of Michigan, approved March 26, 1874....
LIST OF CONCURRENT RESOLUTIONS.
1. Concurrent resolution requesting the Senators and Representatives
4. Concurrent resolution relative to compiling an index to the proposed amended Constitution, approved March 25, 1874....
5. Concurrent resolution providing compensation for compiler employed by the joint committee on arrangement and phraseology, approved March 25, 1874....
6. Concurrent resolution instructing the judiciary committees of the two Houses to jointly consider and report upon the most advisable method of submitting to the people the proposed amendments to the Constitution, approved March 25, 1874.-..
7. Concurrent resolution providing for the publication of the amendments to the Constitution in the newspapers of the State, approved March 25, 1874...
AN ACT to amend section one hundred and twenty-four of an act entitled "An act to amend chapter ninety-three of the revised statutes of eighteen hundred and forty-six," entitled "Of courts held by justices of the peace," approved February thirteen, eighteen hundred and fifty-five, being section five thousand three hundred and seventy-two of the compiled laws of eighteen hundred and seventy-one.
SECTION 1. The People of the State of Michigan enact, That sec- Section amended tion one hundred and twenty-four of chapter one hundred and seventy-eight, being section five thousand three hundred and seventy-two of the compiled laws of eighteen hundred and seventyone be amended so as to read as follows:
suit to be trans
(5372.) SEC. 124. If before joining issue in any cause, the defend- When justice a ant therein shall make and file with the justice an affidavit that he material witness, has a good and substantial defense on the merits thereof, and that ferred. the justice before whom the same is pending is a material witness for such defendant, without whose testimony he cannot safely proceed to trial, and shall state in said affidavit facts material to the issue which he expects to prove by said justice, the justice shall, if he be satisfied that he is a material witness for the defendant, make in his docket an entry of the filing of such affidavit, and an order that the suit and all the papers relating thereto be transferred to some other justice in the same township or city, or to some other justice in any township in the same county adjoining said township or city, to be named in such order, who shall thereupon proceed to hear, try, and determine the cause in the same manner as if the suit had been originally commenced before him, and with the like effect. Or the justice may in such order, in his discretion, postpone the hearing of said cause to such time and place in the same city or township, or in any adjoining township in the same county, as he shall see fit; at which time and place the justice to whom the cause is transferred shall attend and proceed to hear, try, and determine said cause as aforesaid.
SEC. 2. This act shall take immediate effect.
Time for build. ing-read, etc., extended.
Proceedings may be instituted in
AN ACT to amend an act entitled "An act to authorize and empower the Board of Control of State swamp lands to make an appropriation of State swamp lands to aid in the construction of a railroad front the Straits of Mackinaw to Marquette Harbor, on Lake Superior," and to add a new section thereto.
SECTION 1: The People of the State of Michigan enact, That an act entitled "An act to authorize and empower the Board of Control of State swamp lands to make an appropriation of State swamp lands, to aid in the construction of a railroad from the Straits of Mackinaw to Marquette Harbor, on Lake Superior," approved March twenty-first, eighteen hundred and seventy-three, be amended by adding a new section, to be section five, as follows:
SEC. 5. The time limited in this act for constructing said railroad shall be and the same hereby is extended for the term of two years from and after the thirty-first day of December, in the year of our Lord one thousand eight hundred and seventyfive, and all the powers conferred upon said Board of Control are hereby revived, renewed, and extended until said railroad shall have been constructed, and all such powers shall be and remain in full force and have the same effect as though such powers had not been before this time in any manner exercised; and said Board of Control shall have full power and authority to rescind, modify, or amend any resolution or regulation they may make, or may have made, necessary to secure the early completion of said railroad.
SEC. 2. This act shall take immediate effect.
[ No. 3.]
AN ACT to authorize proceedings by the State to condemn private property for public use.
SECTION 1. The People of the State of Michigan enact, That it circuit court for shall be lawful for the Governor or any other person or persons, land required for when by law authorized to purchase for the State at private sale, or by condemnation, land as a site for any State building or buildings, State institution, or public use, to institute or cause to be instituted proceedings in the name and behalf of the State of Michigan against the land sought to be acquired, and against the owners and persons interested therein, in the circuit court of the county where the land is situated, for the purpose of acquiring by the State title to such land by judicial condemnation. And the said court in which such proceeding may be instituted, shall have and possess full jurisdiction of the subject matter of such proceedings, and power to hear, adjudge, and determine all matters touching the proceedings, and the rights and interests of all concerned.
Jurisdiction of court.
SEC. 2. That upon request of the Governor or other person or Filing of persons, authorized as aforesaid, it shall be the duty of the Attor- petition, etc., by ney General of [the] this State, or of the prosecuting attorney of the or prosecuting county where the land is situated, as the case may be, to cause a petition to be made and filed in the proper court, signed by the Attorney General or prosecuting attorney, addressed to the court, setting forth, with reasonable certainty, a description of the land Contents of sought to be acquired, the names of all persons owning or having an interest therein, so far as disclosed by the records of titles of the county in which the land is situated, or can be ascertained from actual occupants; that the petition is made and presented for the purpose of acquiring the title and ownership of the land described in the petition, to and for the use of the State of Michigan, and specifying generally the purpose for which it is to be used. And the petition shall ask that all persons interested in the premises, or any part thereof, be summoned to appear and answer the petition, and show cause, if any they have, against the same. Upon filing the petition, summons shall issue in accordance with Summons. the prayer thereof, against the persons named therein, returnable on a day to be named, which shall not be less than five days from service and the issuing and test thereof, and shall be served at least three days before the return day, by the sheriff or other officer authorized to serve process of summons, according to the rules and practice of the circuit court in other cases at law. If there are minors or per- Service in case sons of unsound mind interested in the premises, service may be persons are made upon the guardian of any such person, or the court may unsound mind. appoint a guardian ad litem for any such person, who may appear and defend for the person he represents. If there are non-resident Service upon or absent persons upon whom service cannot be obtained within the county, the court may order service upon any such person wherever he may be found, and in such manner as may be directed. The person serving any such process on such non-resident or absent person shall make proof of service by affidavit, stating the place, time, and manner of service. Or the court may order and cause notice to be given to such absent or non-resident person, by publication in such newspaper printed and published in the county as the court shall designate, and for such length of time as the court may think proper, not less than three weeks, once in each week; and any such service out of the county, or notice by publication, shall be as effectual for all the purposes of such proceeding and in the condemnation of the land as though the persons had been personally served within the county.
minors or of
SEC. 3. That when all the parties named in the petition have Court to hear been summoned or notified, in the manner provided, and the time objections, eto. for their appearance shall have expired, the court shall hear any and all persons who shall have appeared and interposed objections to the petition or proceedings, and proceed to decide the questions raised, and may vacate the petition, or any part of the proceedings for cause, and may allow amendments of the petition, in form or substance, as the right of the matter shall demand. If any person Proceedings in having an interest in the land has been overlooked, or not sum-case any person moned or notified, the court may continue the proceedings and looked.
has been over
to ascertain necessity of
taking property and determine
tion to be paid
to be sworn.
To visit land sought to be acquired, proeure facts, etc.
Court may require sheriff to summon jury.
cause such person to be served or notified. If the petition and Court to appoint proceedings are sustained, the court shall appoint three commissioners, residents and freeholders within the county, not interested or of kin to any of the persons interested in the land, to ascertain and determine the necessity for taking such property, and the compensation for damages, or both, which ought to be paid by the State to each of the owners and persons interested in the premises, as and for his, her, or their just compensation for the land sought Commissioners to be taken. Such commissioners shall be sworn to faithfully and justly discharge their duties in the premises according to their best ability. They shall visit the land sought to be acquired, shall ascertain the separate interest of each person owning or interested in any part of the premises, and the description of his or her separate interest in the parcel; shall hear, in the presence and under direction of the court, evidence touching the matters they are to find, brought forward by any person having an interest, and shall find all necessary facts to possess the court with the truth and right of the matter, but shall not be required to find what evidence was offered or given, and shall report to the court, in writing, their findings. Instead of commissioners, the court, with or without the request of any person interested in any portion of the premises described in the petition, may, and upon the request of any such person shall, order a venire to issue to the sheriff, to summon twelve jurors who shall be residents and freeholders of the county where the land is situated, to attend at a time to be named, before the court, to serve as a jury. Any person interested in any part of the premises may object for cause to any of the jurors, but there shall be no peremptory challenge allowed. In case any juror fails to appear, is excused, or set aside from the panel, the court may order the sheriff, or other proper officer in attendance, to summon forthwith the requisite number of talesmen to form the jury. The Duties of jury jury shall be sworn, as is required of commissioners, and they shall commissioners. View the premises, hear evidence if offered, determine the necessity for taking such property, and the same proceedings be had, as near as may be, as herein before required in reference to commissioners. Hearing objec- SEC. 4. The court shall hear objections, if any, to the report of tions to, and confirmation of the commissioners or jury, as the case may be, and may set aside report. the report and finding, or confirm the same, and if confirmed, shall enter a judgment of [confirmation] conformation, and that all right, title, and interest of, in, and to the land and premises, vest in the State of Michigan: Provided, The State, within such time as shall be therein prescribed, shall deposit in the court the amount found by the report of the commissioners or jury, as the just compensation and damages to be paid to the owners and persons interested. If, within the time so prescribed, the State shall cause to be deposited the sum so found, the court shall thereupon enter an order and judgment that the title of the State in and to said land and every part thereof is perfect, and has become absolute, and may issue the necessary writ of assistance, commanding the sheriff to deliver the possession of such land to the State; and thereupon the title and right of the State to such land shall be absolute and binding
Objections to jurors.
same as those of