 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1868 - 672 pages
...performing it, must, in conformity with the provisions of the Constitution, be ascertained by a jury, or by not less than three commissioners, appointed by a court of record. (Cons, of 1846, § 7, art 1.) The compensation or damage, therefore, could only be fixed by a jury,... | |
 | Joel Tiffany, New York (State). Court of Appeals - Law reports, digests, etc - 1868 - 802 pages
...public; compensation must be given ; the amount required as compensation must be ascertained by a jury, or by not less than three commissioners appointed by a Court of record. It has, indeed, been said that the right of eminent domain implies the right in the sovereign power... | |
 | New York (State). Constitutional Convention - Constitutional conventions - 1868 - 1132 pages
...made therefor, when such compen3 sation is not made by the State, shall be ascertained by a jury, 4 or by not less than three commissioners, appointed by a court of 5 records, as shall be prescribed by law. Private roads may be 6 opened in the manner to be prescribed... | |
 | Civil procedure - 1868 - 584 pages
...or of a majority only. For when the Constitution says that the compensation is to be ascertained " by not less than three commissioners, appointed by a court of record," it says in effect, that it is to be ascertained by the commissioners, to be appointed by the court,... | |
 | New York (State) - Law - 1869 - 870 pages
...be made therefor, when such compensation is not made by the state, shall bo ascertained by a jury, or by not less than three commissioners appointed...a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity... | |
 | New York (State) - 1869 - 184 pages
...be made therefor, when such compensation is not made by the State, shall be ascertained by aj ury, or by not less than three commissioners appointed...a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity... | |
 | United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1870 - 642 pages
...be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners, appointed...a Court of record, as shall be prescribed by law, and that the authority purporting by said Acts to be conferred upon the commissioners mentioned therein... | |
 | Law - 1873 - 462 pages
...authorizes property to be taken for public use, and the compensation therefor to be ascertained by a jury, or by not less than three commissioners, appointed by a court of record. Constitution, art. 1. § 7. These conditions appear to have been observed. It is not the province of... | |
 | Illinois. Constitutional Convention - Constitutional conventions - 1870 - 1074 pages
...amend the amendment of Mr. Ross by striking out, after the word "jury," in the third line, the words "or by not less than three commissioners, appointed by a court of record," and also the amendment ottered by Mr. W beatón. The amendment of Mr. Benjamin was accepted by Mr.... | |
 | Michigan - 1870 - 336 pages
...whose estate or interest is to be effected by the proceedings, may demand and have from such Court a jury of twelve freeholders, residing in the vicinity of such property, to ascertain and determine the necessity for takinsr such lands, franchise, or other property, and... | |
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When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall... 
