« ForrigeFortsett »
Verdict may be set aside.
Amendments to process, etc.
Motions for new trial.
Duty of clerk.
The different descriptions of the property a the names of the occupants, owners and others interested therein may be inserted in said blank verdict under the direction of the c0urt before it is submitted to the jury, or it may be done by the jury.
Sec. 12. The verdict of the jury may be set aside by the court and a new trial ordered as in civil suits at law in the circuit courts of the State. Amendments either in form or substance may be allowed in any paper, petition, process, record or proceedings or in the description of the property proposed to be taken, or the name of any person whether contained in the resolution passed by the public corporation or State agency or otherwise, whenever the amendment will not interfere with the substantial rights of the parties. Any such amendment may be made after as well as before judgment confirming the verdict of the jury,
SEC. 13. Motions for a new trial or to arrest the proceed= ings shall be made within six days after the rendition of the verdict, unless further time is allowed by the court, and if no such motion is made, or being made is overruled, the court shall enter an order or judgment confirming the verdict of the jury, and such judgment or confirmation, unless reversed by the supreme court, shall be final and conclusive as to all persons interested therein. Any party to the proceedings considering himself aggrieved may appeal from the judgment of the court confirming the verdict of the jury by filing in writing with the clerk of said court anotice of such appeal within ten days after the confirmation and within thirty days thereafter serving a copy thereof on the attorney or attorneys who appeared in said cause, and if such appeal be taken by a. respondent filing a bond in said court to be approved by the judge thereof, conditioned for the prosecution of said appeal to judgment and the payment of all costs, damages and expenses that may be awarded against the party in case the judgment or confirmation shall be affirmed. Such appeal shall be perfected within the same time and prosecuted as an appeal in chancery cases as near as may be, subject to the provisions of this act.
SEC. 14. In case of such an appeal, the clerk of the court on payment of his legal fees and charges shall transmit to the supreme court a certified copy of the necessary files, records and proceedings in the case, and the judge of the court shall at the request of the appellant settle a case according to the usual practice of said court, showing the material evidence and instructions given to the jury bearing upon any disputed points to which exception was taken, and the objections, rulings and exceptions in the case, all of which
shall be returned by said clerk as a part of the records to the clerk of the supreme court.
SEC. 15; The said appeal may be brought on for hearing Hearing of v at any term of the supreme court and said court may aflirm, appealor for any substantial error reverse the judgment and may grant a new trial. The said court shall allow the prevailing party his reasonable costs and expenses, to be taxed, and Costs.etc. give judgment as in other chancery appeals, and all costs, damages and expenses awarded to the petitioner, if it so elect, may be applied on or deducted from the compensation if any to be paid, or execution may issue on the judgment. Damages may be awarded against a party appealing with' out reasonable cause.
SEC. 16. When a verdict of the jury shall have been finally Clerk to _ confirmed by the court, and the time within which to take an gigtggdfigggm appeal has expired, or if an appeal is taken, on the filing in the court below of a certified copy of the order of the supreme court affirming the judgment of confirmation, it shall be the duty of the clerk of the court to transmit to the petitioner a certified copy of the verdict of the jury and of the judgment of confirmance, and of the judgment if any of affirmance, and thereupon, or within one year thereafter, said peti- Duty of tioner shall set apart and cause to be provided the amount pamoner' required to make compensation to the OWners of and persons interested in the private property taken as awarded by the jury, and shall by resolution direct payment to the persons respectively entitled to the money so set apart and awarded; and it shall be the duty of the treasurer of the petitioner to Duty of hold said money so set apart, to securely keep said money ggiifgféf for the purpose of paying for the property taken and to pay the same to the persons entitled thereto according to the verdict of the jury on demand, and not pay out the money for any other purpose whatever. Whenever the necessary sum is actually set apart in the hands of said treasurer, said treasurer shall, giving the title of the cause and describing the property taken, make and sign duplicate certificates veri— fied by his oath, showing that the amount of compensation awarded is in his hands, and shall cause one of the certificates ' to be filed in the office of the clerk of the court in which the proceedings were had, and the other to be filed with the register of deeds of the county, which certificate.shall be prima facie evidence of the matters therein stated. When- Possession of ever the amount of compensation is thus set aside and thus gfiflfégérw secured to be paid, the petitioner may enter upon and take possession of and use such private property for the purpose _ for which it was taken. In case of the resistance or refusal on the part of any one to the petitioner entering upon and taking possession of such private property, for the use and purpose for which it was taken, at any time after the amount of the compensation aforesaid is actually set aside and ready to be paid to those entitled thereto, the petitioner may apply to-the court and shall be entitled on making a sufficient show
Com ensation o cers, etc.
Petitioners not to discontinue proceedings.
Evidence of ownership.
Constructive notice to purchasers of real estate.
Notice to purchasers of personal property.
ing to a writ of assistance to put it in possession of the property.
See. 17. Officers, jurors and witnesses in any proceeding under this act shall be entitled to receive from the petitioner the same fees and compensation as are provided by law for similar services in an ordinary action at law in the circuit courts, and it shall be lawful for the judge in any case to order the payment by the petitioner to any respondent of such reasonable attorney fee as he may deem just,.not exceeding twenty-five dollars, which may be taxed with the costs.
SEC. 18. The petitioning corporation or State agency shall not have power to discontinue the proceedings under this act after the confirmation of the verdict of the jury.
SEC. 19. It shall be prima facie evidence as to who are owners of and persons interested in any property proposed to be taken under this act if the register or deputy register of deeds of .the county shall testify in open court that he had examined the records in his office, and state who such records show are the owners of and persons interested in such property, and the nature and extent of such ownership and interest. An abstract of the title of such property or any parcel thereof certified by the register or deputy shall also be prima facie evidence of ownership and persons having an interest in any such property and the extent and nature of such interest.
Sec. 20. To render the filing of a petition in court under this act constructive notice to a purchaser of real estate, it shall be the duty of the attorney of any petitioning corporation or State agency to file for record with the register of deeds of the county a notice of the filing of such petition, setting forth the title of the cause and the general object thereof, together with a description of the land to be affected thereby, and it shall thereupon become the duty of the register’ of deeds to record such notice in a book kept for that pur~ pose upon the payment of such fee as is provided by law for recording deeds. A copy of such record, authenticated by the register of deeds, shall be evidence of such notice and of the filing of same in all courts and places. The register of deeds shall enter in an indexed book kept in his office such references to said notice as will enable all persons interested to search his office for such notice without inconvenience.
Sac. 21. To render the filing of a petition in court under this act constructive notice to a purchaser of any personal property, it shall be sufficient if said attorney shall file with
'the city, village or township clerk a similar notice as near
as may be to the one provided for in section twenty hereof. Approved April 25, 1911.
AN ACT to provide for the employment of prison labor on State account at the State Prison at Jackson, Michigan, to provide for the sale and disposition of the manufactured product; to define the duties of the warden and board of control of said prison in relation thereto; to make an appropriation for the fiscal year ending June thirty, nineteen hundred twelve, to carry into effect the object and purposes of this act and to provide a. tax to meet the same.
money in the State treasury not otherwise appropriated for f
the fiscal year ending June thirty, nineteen hundred twelve, the sum of sixty-two thousand five hundred dollars for the purpose of'carrying out the provisions of this act and shall constitute a “State account fund,” to be disposed of in such manner as is herein provided.
SEC. 2. The warden and board of control at the State Prison at Jackson are hereby empowered, authorized and directed, at a cost not to exceed the sum hereby appropriated, to use, purchase, erect, equip and maintain buildings, machinery, boilers and equipment which may be necessary for the manufacture of goods, wares and merchandise, on State account, and to purchase new material to be used in the manufacture of said goods, wares and merchandise as herein provided, and for the purpose of carrying, handling and mar keting the manufactured product until disposed of according to the provisions of this act, and to provide for such other expenses as may be incurred under rules and regulations prescribed by said board of control: Provided, That said warden and board of control of the said prison shall have authority to engage and appoint such superintendents, me~ chanics, agents, assistants and employes as shall be neces- sary to proceed with the erection and operation of said plant, whose duties shall be prescribed by said warden and board of control; the compensation of such appointees shall be fixed by said board of control and shall be paid from the fund herein designated as the State account fund.
SE0. 3. All moneys derived from the sale of the manufactured products shall be collected by the warden, who shall monthly pay the same into the State treasury on or before the fifteenth of the following month, to the credit of the State account fund, created by this act, accompanying said report by a schedule-showing the amount received from each person, giving the name and residence of such person. It is hereby made the duty of the State Treasurer of the State of Michigan to carry as a separate account upon the books
There is hereby appropriated out of any Ségtde account
Warden to -give bonds.
Merchandise, price of, etc.
at his office said State account fund, and all accounts and items pertaining thereto, which fund shall be used for the payment of warrants drawn upon the same by the Auditor General, as required by the warden and board of control of said State Prison at Jackson: Provided, That when such State account fund shall exceed the sum of one hundred thousand dollars the warden and board of control of said prison may use such excess, or as much thereof as is needed, for the purchase of such additional machinery as they may deem necessary, or for the construction of additions to the plant or equipment thereof.
Sec. 4. Upon the installation of said plant the said warden of the said prison shall enter into a good and sufficient bond to the people of the State of Michigan in the penal sum of fifty thousand dollars, conditioned for the faithful performance of such additional duties devolving upon such offi~ cer as are herein prescribed, and to faithfully and promptly account for and pay over all moneys which come into his possession from the sale of the manufactured product of the said plant for the use in the purchase of raw material, and from all other sources, which bond shall be approved by the Governor and filed with the Secretary of State.
SEC. 5. The price of the goods, wares and merchandise manufactured at the State Prison at Jackson, as herein provided for, shall be fixed by the warden and board of control of such prison, which shall continue to be the price for the season, unless it shall become evident to the warden and said board of control that the price established is such that it would prevent the sale of the product, or such that the State would not receive a fair price, in which case a change in price can be made at any meeting of said board of control thereafter held, and the output of said plant shall be sold 'at such times and places and in such manner as the said warden and board of control of said prison shall determine to be for the best interests of the State: Provided, That the citizens of this State shall have the preference in purchasing said product of said plant: Provided further, That when any of said goods, wares or merchandise shall be sold to any person, firm or corporation on credit, the claim of the State for the price thereof shall be a claim preferred against the property, money and effects of the debtor, and shall have priority over the claims of all other credit0rs.
SEC. 6. The warden and board of control of said prison may use, build and remodel buildings and purchase such materials and machinery as shall be necessary 'to fully equip said plant for its successful operation within the limit of the amount provided for by this act.
Sec. 7. The several sums appropriated by the provisions of this act shall be paid out of the general fund in the State treasury to the warden of the State Prison at Jackson at such time and in such amounts as the general accounting