§ 3350. Effect of this act, upon trial jurors and juries, in criminal causes. A jury, for the trial of an indictment or other criminal cause, at a term of a court of record. commencing on or after the twenty-first day of May, 1877, must be procured from the trial jurors selected drawn, and notified, as prescribed in this act, for the term of the court at which it is triable, including the talesmen or additional jurors, procured as prescribed therein; and the same must be tried by the jury so formed. But the statutes remaining unrepealed after the first day of September, 1877, relating to challenges or disqualifications of petit jurors in a criminal cause or prescribing the cases where talesmen or additio.zi peti: jurors must be summoned in a criminal cause, remain unaffected by this act, and are applicable to the proceedings taken as prescribed in this act, and to the trial jurors therein specified. From ch. 449 of 1876, § 5, sub. 7. § 3351. Id.; upon grand jurors and juries. This act does not affect any provision of the statutes, remaining unrepealed after the first day of September, 1877, relating to grand jurors or grand juries; except as follows: 1. A fine imposed, after the first day of September. 1877, upon a person drawn as a grand juror and duly summoned to attend a term of a court of record as a grand juror, as prescribed in those statutes, must be imposed as prescribed in article fourth of title third of chapter tenth of this act; and sections 1073 to 1077 of this act, both inclusive, apply to such a person, as if he had been drawn, and notified to attend, as a trial juror. 2. Where a provision of those statutes refers to the lists of petit jurors, the ballots containing their names, the box or boxes in which those ballots are deposited or contained, the selecting, drawing, summoning, or empanelling of petit jurors, the imposition of a fine upon a petit juror, or the enforcement, reduction, or remission thereof, it is deemed to refer to the same subject, as provided for in this act, in like manner as it refers to those statutes. From 2 R. S. 483, 484, §§ 16-21 (2 Edm. 505, 506); 2 R. S. 722, § 13 (2) Edm. 745). § 3352. Id.; upon proceedings taken, or rights accrued, etc., under former statutes. Nothing contained in any provision of this act, other than in chapter fourth, renders ineffectual, or otherwise impairs, any proceeding in an action or a special proceeding, had or taken, pursuant to law, or any other lawful act done or right, defence, or limitation, lawfully accrued or established, before the provision in question takes effect; unless the contrary is expressly declared in the provision in question. As far as it may be necessary, for the purpose of avoiding such a result, or carrying into effect such a proceeding or other act, or enforcing or protecting such a right, defence, or limitation, the statutes in force on the day before the provision takes effect, are deemed to remain in force, notwithstanding the repeal thereof. From ch. 449 of 1876, § 6, sub. 1. § 3353. Id.; upon former appointment of terms. This act does not affect the appointment of a term, or the designation of one or more judges to hold a term, made pursuant to the statutes in force on the thirty-first day of August, 1877, until new terms are appointed, or one or more judges are newly designated, as prescribed in this act. JN PR From ch. 449 of 1876, § 13. § 3354. Id.; upon officers and offices. This act does not create a vacancy in any office or employment, designated or referred to therein, by the title or description thereof, contained in the statutes in force on the day before the provision referring thereto takes effect, or by another title or description; nor does it affect any provision of those statutes, relating to the amount, or the time or the mode of payment, of the compensation of an officer or employee, so designated or referred to, who is in office or employed on that day; except that where the tenure of his office or employment is not prescribed in this act, he may be removed at pleasure by the court, officer, or officers, authorized by this act to appoint a person to discharge the same duties. Until he is removed, or his office or place becomes otherwise vacant, the provisions of this act apply to him, and to the discharge of his duties. The court, officer, or officers, authorized by this act to appoint a person to an office or employment, may from time to time fill a vacancy therein. From ch. 449 of 1876, § 14. § 3355. When this act deemed to have been passed, etc. For the purpose of determining the effect of the different provisions of this act with respect to each other, they are deemed to have been enacted simultaneously. For the purpose of determining the effect of this act upon other acts, and the effect of other acts upon this act, chapters fourteen to twenty-two of this act, both inclusive, are deemed to have been enacted on the twelfth day of January, in the year eighteen hundred and eighty; and all acts passed after the last-mentioned date are to have the same effect as if they were passed after those chapters. Am'd by ch. 399 of 1882. § 3356. When this act takes effect. Subject to the qualification contained in the foregoing sections of this title, this act shall take effect as follows: titles third and fourth, and article first of title fifth of chapter tenth, on the first day of May, in the year 1877; the remainder of chapters first to thirteenth, both inclusive, on the first day of September, in the year 1877; chapters fourteenth to twenty-first, both inclusive, on the first day of September, 1880; and this chapter immediately. CHAPTER XXIII. Supplemental Provisions. TITLE I-Proceedings for the condemnation of real property. TITLE I. Proceedings for the condemnation of real property. SEC. 3357. Title. 3358. Definitions. 3359. When proceedings prescribed in this title to be taken. 3360. Proceedings to be commenced by petition; what to contain. 3361. Notice to be annexed to petition; upon whom served. 3362. Petition and notice; how served. 3363. Appearance of defendant infant, idiot, lunatic or habitual drunkard. 3365. Answer; what to contain. 3366. Petition or answer must be verified. 3367. Trial of issues. 3368. Certain provisions made applicable. 3369. Judgment, what to contain; costs when to defendant; commissioners. 3371. Confirming or setting aside report; deposit when payment. 3372. Offer to compromise; amount of costs; additional allowance. 3373. Judgment how enforced; when to deliver possession of premises and 3374. Abandonment and discontinuance of proceeding. 3376. Appeal from judgment by plaintiff. 3377. New appraisal; when. 3378. Conflicting claimants. 3379. Possession of property on giving security. 3380. When possession of real property given immediately. JN 3381. Notice of pendency of action to be filed. PR 3382. Practice in cases not provided for. 3383. Repealing clause. 3384. When title to take effect. § 3357. Title. This title shall be known as the condemnation law. Added by ch. 95 of 1890. § 3358. Definitions. The term 'person" when used herein includes a natural person and also a corporation, joint stock association, the state and a political division thereof, and any commission, board, board of managers or trustees in charge or having control of any of the charitable or other institutions of the state; the term "real property," any right, interest or easement therein or appurtenances thereto; and the term owner" all persons having any estate, interest or easement in the property to be taken, or any lien, charge or incumbrance thereon. The person instituting the proceedings shall be termed the plaintiff; and the person against whom the proceeding is brought, the defendant. Added by ch. 95 of 1890. Am'd by ch. 589 of 1896. § 3359. When proceedings prescribed in this title to be taken. Whenever any person is authorized to acquire title to real property, for a public use by condemnation the proceeding for that purpose shall be taken in the manner prescribed in this title. Added by ch. 95 of 1890. § 3360. Proceedings to be commenced by petition; what to contain. The proceeding shall be instituted by the presentation of a petition by the plaintiff to the supreme court, setting forth the following facts: 1. His name, place of residence, and the business in which engaged; if a corporation or joint-stock association, whether foreign or domestic, its principal place of business within the state, the names and places of residence of its principal officers, and of its directors, trustees or board of managers, as the case may be, and the object or purpose of its incorporation or association; if a political division of the state, the names and places of residence of its principal officers; and if the state. or any commission or board of managers or trustee in charge or having control of any of the charitable or other institutions of the state, the name, place of residence of the officer acting in its or their behalf in the proceedings. 2. A specific description of the property to be condemned, and its location by metes and bounds, with reasonable certainty. 3. The public use for which the property is required and a concise statement of the facts showing the necessity of its acquisition for such use. 4. The names and places of residence of the owners of the property; if an infant, the name and place of residence of his general guardian. if he has one; if not, the name and place of residence of the person with whom he resides; if a lunatic, idiot, or habitual drunkard, the name and place of residence of his committee or trustee, if he has one; if not, the name and place of residence of the person with whom he resides. If a non-resident, having an agent or attorney residing in the state authorized to contract for the sale of the property, the name and place of residence of such agent or attorney; if the name or place of residence of any owner cannot after diligent inquiry be ascertained, it may be so stated with a specific statement of the extent of the inquiry which has been made. 5. That the plaintiff has been unable to agree with the owner of the property for its purchase and the reason of such inability. 6. The value of the property to be condemned. 7. A statement that it is the intention of the plaintiff, in good faith. to complete the work or improvement, for which the property is to be condemned; and that all the preliminary steps required by law have been taken to entitle him to institute the proceeding. 8. A demand for relief, that it may be adjudged that the public use requires the condemnation of the real property described, and that the plaintiff is entitled to take and hold such property for the public use specified upon making compensation therefor, and that commissioners of appraisal be appointed to ascertain the compensation to be made to the owners for the property so taken. Added by ch. 95 of 1890. Sub. I am'd by ch. 589 of 1896. § 3361. Notice to be annexed to petition; upon whom served. There must be annexed to the petition a notice of the time and place at which it will be presented to a special term of the supreme court, held in the judicial district where the property or some portion of it is situated, and a copy of the petition and notice must be served upon all the owners of the property at least eignt days prior to its presentation. Added by ch. 95 of 1890. § 3362. Petition and notice; how served. Service of the petition and notice must be made in the same manner as the service of a summons in an action in the supreme court is required to be made, and all the provisions of articles one and two of title one of chapter five of this act, which relate to the service of a summons either personally or in any other way, and the mode of proving service, shall apply to the service of the petition and notice. If the defendant has an agent or attorney residing in this state, authorized to contract for the sale of the real property described in the petition, service upon such agent or attorney will be sufficient service upon such defendant. In case the defendant is an infant of the age of fourteen years or upwards, a copy of the petition and notice shall also be served upon his general guardian, if he has one; if not, upon the person with whom he resides. Added by ch. 95 of 1890. § 3363. Appearance of defendant infant, idiot, lunatio or habitual drunkard. If a defendant is an infant, idiot, lunatic or habitual drunkard, it shall be the duty of his general guardian, committee or trustee, if he has one, to appear for him upon the presentation of the petition and attend to his interests, and in case he has none, or in case his general guardian, committee or trustee fails to appear for him, the court shall, upon the presentation of the petition and notice, with proof of service, without further notice, appoint a guardian ad litem for such defendant, whose duty it shall be to appear for him and attend to his interests in the proceeding, and, if deemed necessary to protect his rights, the court may require a general guardian, committee or trustee, or a guardian ad litem to give security in such sum and with such sureties as the court may approve. If a service other than personal has been made upon any defendant, and he does not appear upon the presentation of the petition, the court shall appoint some competent attorney to appear for him and attend to his interests in the proceeding. Added by ch. 95 of 1890. § 3364. Appearance of parties. The provisions of law and of the rules and practice of the court, relating to the appearance of parties in person or by attorney in actions in the supreme court, shall apply to the proceeding from and after the service of the petition and all subsequent orders, notices and papers may be served upon the attorney appearing and upon a guardian ad litem in the same manner and with the same effect as the service of papers in an action in the supreme court may be made. Added by ch. 95 of 1890. JN PR |