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Notice in case owner is unknown.
(109.) § 4731. 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, nonresidents 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.
Am. 1903, Acts 49, 182.
Return of venire and proceedings thereon.
(110.) § 4732. Sec. 5. It shall be the duty of such judge, commissioner, or justice, and of the persons summoned as jurors, as hereinbefore provided, and of the sheriff or constable summoning them, to attend at the time and place specified in such summons or venire; and the officer who summoned the jury shall return such summons or venire to the officer who issued the same, with the names of the persons summoned by him as jurors, and shall certify the manner of notifying the owner or owners of such real estate, if he was found; and if he could not be found in said county, he shall certify that fact. Either party may challenge any of the said jurors for the same causes as in civil actions. If more than twelve of said jurors in attendance shall be found qualified to serve as jurors, the officer in attendance, and who issued the summons or venire for such jury, shall strike from the list of jurors a number sufficient to reduce the number of jurors in attendance to twelve; and in case less than twelve of the number so summoned as jurors shall attend, the sheriff or constable shall summon a sufficient number of freeholders to make up the number of twelve; and the officer issuing the summons or venire for such jury, may issue an attachment for any person summoned as a juror who shall fail to attend, and may enforce obedience to such summons, venire, or attachment, as courts of record, or justices' courts are authorized to do in civil cases.
A party present, or represented, at the empaneling of the jury will be deemed to have waived all objections to the jury, if he makes none then. Smith v. School Dist., 40 / 143.
Jury to be sworn.
(111.) § 4733. SEC. 6. The twelve persons selected as the jury shall be 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 attendance Subpoenas for compelled by such circuit judge, commissioner or justice in the witnesses. 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 what jury to the premises, and from such examination and such other evi- ascertain. dences 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 stating that it is necessary that said real estate, describing 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 compensation for the same. The said circuit judge, circuit court commissioner, or justice of Court to the peace, shall sign and attach to, and indorse upon the certifi- aitiaate.cercate 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.
Am. 1903, Act 182.
As to the oath to the jurors, their duties and the determination of the necessity and compensation, see notes to Const., xv, 9, 15; xviii, 2, 14.
(112.) § 4734. SEC. 7. Upon filing such certificates in the Collection of circuit court of the county where such real estate is situated, judgment. such court shall, if it finds all the proceedings regular, render judgment for the sum specified in the certificate signed by such jury, against such school district, which judgment shall be collected and paid in the manner as other judgments against school districts are collected and paid.
Smith v. Sch. Dist., 40 / 143. Mandamus will not lie to compel a circuit judge to overrule his finding that the proceedings taken for the condemnation of a site were irregular and to compel him to enter judgment for the amount found due.-Sch. Dist. v. Judge, 49 / 432.
etc., money to summoned.
(113.) § 4735. SEC. 8. In case the owner of such real when owner estate shall be unknown, insane, non compos mentis, or an in
is unknown, fant, or cannot be found within such county, it shall be lawful be deposited for the said school district to deposit the amount of such judg- treasurer. ment with the county treasurer of such county, for the use of the person or persons entitled thereto; and it shall be the duty
Proviso, how money to be drawn from county treasurer.
When title to be vested in district.
of such county treasurer to receive such money, and at the time of receiving it, to give a receipt or certificate to the person depositing the same with him, stating the time when such deposit was made, and for what purpose; and such county treasurer and his sureties shall be liable on his bond for any money which shall come into his hands under the provisions of this act, in case he shall refuse to pay or account for the same, as herein required : Provided, That no such money shall be drawn from such county treasurer, except upon an order of the circuit court, circuit court commissioner, or judge of probate, as hereinafter provided.
(114.) § 4736. Sec. 9. Upon satisfactory evidence being presented to the circuit court of the county where such real estate lies, that such judgment, or the sum ascertained and determined 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 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.
Am. 1903, Act 182.
When district to take possession.
Writ of possession to be issued by county clerk to sheriff.
(115.) § 4737. Sec. 10. Such school district may, at any time after making the payment or deposit hereinbefore required, enter upon and take possession of such real estate for the use of said district. And it shall be the duty of the county clerk of said county, on the request of said school district, to issue out of and under the seal of the circuit court of said county a writ of possession as awarded in such order or decree; which writ shall be directed to the sheriff of said county, and shall be tested and made returnable, and shall be substantially, so far as may be, in the same form provided for writs of possession in actions of ejectment; and it shall be the duty of such sheriff thereupon to remove the respondent or respondents in such proceedings, and all persons holding under them or either of them, from the real estate described in such decree and in such writ, and deliver the possession thereof
with the appurtenances to such school district. When jury (116.) § 4738. Sec. 11. In case the jury hereinbefore disagrees pro- provided for shall not agree, another jury may be summoned be adjourned in the same manner, and the same proceedings may be had, exand new jury
cept that no further notice of the proceedings shall be neces
Sheriff to remove respondent.
sary; but instead of such notice, the judge, commissioner, of justice may adjourn the proceedings to such time as he shall think reasonable, not exceeding thirty days, and shall make the process to summon a jury returnable at such time and place as the said proceedings shall be adjourned to. Such proceedings Adjournments may be adjourned from time to time by the said judge, or com- three months. missioner, or justice, on the application of either party, and for good cause, to be shown by the party applying for such adjournment, unless the other party shall consent to such adjournment; but such adjournments shall not in all exceed three months.
(117.) § 4739. SEC. 12. In case the said schoolhouse site, Proceedings or land required to enlarge the same, is encumbered by mort
property is gage, 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.
Am. 1903, Act 182.
(118.) § 4740. Sec. 13. The circuit judge, judge of pro- How money , bate, or circuit court commissioner of any county where any county treasmoney has been deposited with the county treasurer of such urer may be county, as hereinbefore provided, shall, upon the written application of any person or persons entitled to such money, and upon receiving satisfactory evidence of the right of such applicant to the money thus deposited, make an order directing the county treasurer to pay the money thus deposited with him to said applicant; and it shall be the duty of such county treasurer, on the presentation of such order, with the receipt of the person named therein, indorsed on said order and duly acknowledged, in the same manner as conveyances of real estate are required to be acknowledged, to pay the same; and such order, with the receipt of the applicant or person in whose favor the same shall be drawn, shall, in all courts and places, be presumptive evidence in favor of such county treasurer, to exonerate him from all liability to any person or persons for said money thus paid by him. (119.) § 4741.
Sec. 14. Circuit judges, circuit court Compensation commissioners, and justices of the peace, for any services ren
of officers, dered under the provisions of this act, shall be entitled to the proceedings. same fees and compensation as for similar services in other special proceedings. Jurors, constables, and sheriffs shall be
entitled to the same fees as for like services in civil cases in the
circuit court. When judge, (120.) § 4742. SEC. 15. In case any circuit judge, ciretc., unable to attend,
cuit court commissioner, or justice of the peace, who shall issue another may finish proceed
a summons or venire for a jury, shall be unable to attend to ings.
any of the subsequent proceedings in such case, any other circuit court commissioner or justice of the peace may attend and finish said proceedings.
APPEALS FROM ACTION OF INSPECTORS.
Appeal of electors.
of fractional districts.
(121.) § 4743. SECTION 1. Whenever any five or more tax-paying electors, having taxable property within any school district, shall feel themselves aggrieved by any action, order, or decision of the board of school inspectors, with reference to the formation, or any division, or consolidation of said school district, they may, at any time within sixty days from the time of such action on the part of said school inspectors, appeal from such action, order, or decision of said board of school
inspectors to the township board of the township in which Appeal in case such school district is situated, and in case of fractional school
districts, notice of such appeal shall be served on the clerk of the joint boards of school inspectors who have made the decision appealed from, who shall, within five days, give notice thereof to the township boards of the several townships in which the different parts of said fractional school district are situated, who shall have power, and whose duty it shall be, acting jointly, to entertain such appeal, and review, confirm, set aside, or amend the action, order, or decision of the board of school inspectors thus appealed from; or if in their opinion the appeal is frivolous or without sufficient cause, they may summarily dismiss the same.
ACTION OF INSPECTORS: The board of inspectors act in the exercise of a public discretionary power in creating or changing districts, which can be reviewed, if at all, only by some direct appellate process which operates upon the proceedings themselves to affirm, reverse or change them. -Clement v. Everest, 29 / 19.
APPEAL: The appeal to the town board is not on legal questions, but transfers to them the same discretionary authority which the inspectors have when there is no appeal. And by appealing, the parties waive those questions which require judicial review and submit themselves to the discretion of the town board ; and a certiorari to the town board does not open the doings of the inspectors.--Brody v. Penn Twp. Board, 32 / 273. Where the summary method of reviewing the proceedings by appeal has not been resorted to, there should be some special and extraordinary reasons appearing to justify a resort to quo warranto.---Lord v. Every, 38 / 405. The township board has jurisdiction of appeals from decisions of the board of school inspectors fixing the amount to be paid by an old school district to a new one, where the latter comprises part of the same territory and the former retains the school property. School Dist. Wilcox, 48 / 404. When it seems an appeal could not be taken.-Sch. Dist. v. Sch. Dist., 63 / 57-8.