notified. just compensation to be made for the real estate required by such school district for such site, and the necessity for using the same, and to notify Owner to be the owner or occupant of such real estate, if he can be found in the county, of the time when and the place where such jury is summoned to appear, and the object for which such jury is summoned; which notice shall be served at least ten days before the time specified in such summons or venire for the jury to appear, as herein before mentioned. ses where known. Sec. 4. Thirty days previous notice of the time when, and the place Notice in enwhere such jury will assemble, shall be given by the district board of owner is unsuch district, where the owner or owners of such real estate shall be unknown, non-residents 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 assess or of such district, and shall describe the real estate required for such site, and state the time when, and the 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. venire, and the proceedings ther'un Sec. 5. It shall be the duty of such judge, commissioner or justice, Return of 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 retu n 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 a y of 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 may issue to 1 up the number of twelve; and the officer issuing the summons or venire Attachment for such jury, may issue an attachment for any person summoned as a enforce obe- juror who shall fail to attend, and may enforce obedience to such summors, venire or attachment, as courts of record or justice's court are authorized to do in civil cases. dience. Jury to be sworn. Subpoena for witnes208. Duty of the jury. Court to make certifi cate. Judgment collection thereof. Sec. 6. The twelve persons thus selected as the jury, shall be duly sworn by the judge, commissioner or justice in attendance, faithfully and impartially to enquire, ascertain and determine, the just compensation to be made for the real estate required by such school district for such site, 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 compelled by such circuit judge, commissioner or justice, in the same manner as may be done by the circuit court or by justice's court in civil cases. The jury may visit and examine the premises, and from such examination and such other evidence 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 school house for such district; 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 the peace, shall sign and attach to, and endorse upon the certificate 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. Sec. 7. Upon filing such certificates in the circuit court of the county where such real estate is situated, such court shall, if it finds all the pro ceedings regular, render judgment for the sum specified in the certifi cate 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. to be depos Treasurer. Sec. 8. In case the owner of such real estate shall be unknown, in- When own'r is unknown, sane, non compos mentis, or an infant, or cannot be found within such &c, money county, it shall be lawful for the said school district to deposit the amount i'ed w th Co. of such judgment with the county treasurer of such county, for the use of the person or persons entitled thereto; and it she be the duty 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 drawn from court, circuit court commissioner, or judge of probate, as hereinafter provided. How to be On payment court inay decree title vested in 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 school dist by such district for such site, has been paid, or that the amount thereof has been deposited according to the provisions of the preceding section, 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 assigns, a copy of which 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 or deposit, be vested forever thereafter in such 'gns in fee. Jistrict making such payr school district and to take pos Sec, 10. Such time after making the pay- when dist. may at any ment or deposit he einbefore required, enter upon, and take possession session. of such real estate, for the use of said district. cannot agree Sec. 11. In case the jury hereinbefore provided for shall not agree, when jury another jury may be summoned in the same manner, and the same pro- proceeding ceedings may be had, except that no further notice of the proceedings juuined, &c may be ad shall be necessary; but instead of such notice, the judge, commissioner, or justice, may adjourn the proceedings to such tirae 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 may be adjourned from time to time, by the said judge, or commissioner, or justice, on the application of either party, and for good cause, to be shown by the party applying for such journment, unless the other party shall consent to ments not to such adjournment; but such adjournments shall not in all exceed three months. months. Adjourn exceed three Dist. board may fix am't Sec. 12. The district board of any school district, shall have power of tuition to to fix the amount of tuition to be paid by non-resident scholars attendbe paid, &c. ing any of the schools in said district; and in cases where there shall be a union school in any such district, to be paid by scholars attending such union school, and to make and enforce suitable by-laws and regulations for the government and management of such union school, and for the preservation of the property of such district. Such district board shall also have power to regulate and classify the studies, and prescribe the books to be used in such school. Boundaries. Districts having 300 pupils may ney. Sec. 13. No alteration shall be made in the boundaries of any school district having a union school, without the written consent of a majority of the district board of such district. Sec. 14. Any school district having more than three hundred children, between the ages of four and eighteen years, residing in such disborrow mo- trict, shall have power and authority to borrow money to pay for a site for a union school house, to erect buildings thereon, and to furnish the same, by a vote of two-thirds of the qualified voters of said district present any annual meeting, and by a like vote at any other regular meeting: Provided, That the times of holding such meetings shall not of amon it. be less than five days nor more than six months apart, and that the whole debt of any such district, at any one time, for money thus borrowed, shall not exceed fifteen thousand dollars. Limitation How money deposited Sec. 15. The circuit judge, judge of probate, or circuit court comwith county missioner of any county, where any money has been deposited with the treas. may from him. be drawn county treasurer of such county, as herein before 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 treas- act, Compensation of officers aud ju rois. When judge or justice Sec. 17. In case any circuit judge, circuit court commissioner, or justice of the peace, who shall issue a summons or venire for a jury, unable to atshall be unable to attend to any of the subsequent proceedings, in such tend. case, any other circuit court commissioner or justice of the peace, may attend and finish such proceedings. Bonds may money loan Sec. 18. Whenever any school district shall have voted to borrow any sum of money, the district board of such district is hereby author- be issued for ized to issue the bonds of such district in such form, and executed in ed. such manner by the moderator and director of su h district, and in such sums, not less than fifty dollars, as such district board shall direct, and with such rate of interest, not excee ing ten per centum per annum, and Interest payable at such time or times as the said district shall have directed. Sec. 19. Whenever any money shall have been borrowed by any Dist may school district, the taxable inhabitants of such district are hereby authorized, at any regular meeting of such district, to impose a tax on the taxable property in such district for the purpose of paying the principal thus borrowed, or any part thereof, and the interest thereon, to be levied and collected as other school district taxes are collected. Sec. 20. This act shall take effect immediately. Approved February 7, 1855. raise tax to pay loan. |