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and may grant a new trial. The said court shall allow the prevailing party his reasonable costs and expenses to be taxed, and give judgment as in other chancery appeals, and all costs, damages and expenses awarded to the city, 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 without reasonable
SEC. 15. When a verdict of the jury shall have been finally When clerk confirmed by the court, and the time in which to take an verdict to appeal has expired, or if an appeal is taken, on the filing in council. 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 common council a certified copy of the verdict of the jury and of the judgment of confirmance, and of the judgment, if any, of affirmation, and thereupon the proper and necessary proceedings in due course shall be taken for the collection of the sum or sums awarded by the jury. The common council shall Duty of by resolution determine whether the whole or any just proportion of the compensation awarded by the jury shall be assessed upon the owners or occupants of real estate contained in the assessment district, already fixed and determined as hereinbefore provided, and the whole or any such just proportion so determined shall be assessed upon the owners or occupants of such taxable real estate, in proportion, as nearly as may be, to the advantage which such lot, parcel or subdivision is deemed to acquire by the improvement: Provided, Proviso as That in the case of opening and widening alleys, all damages to alleys. for the taking of property for such opening or widening shall be assessed upon the property directly abutting the alley, or such portion thereof as is ordered to be opened or widened. The assessment shall be made and the amount levied and col- Assessments, lected in the same manner and by the same officers and proceedings, as near as may be, as is provided in the charter of the municipality for assessing, levying and collecting the expense of a public improvement when a street is graded. The Roll to be assessment roll containing said assessments, when ratified and evidence of confirmed by the common council, shall be final and conclusive and prima facie evidence of the regularity and legality of all proceedings prior thereto, and the assessment therein contained shall be and continue a lien on the premises on which the same is made until payment thereof. Whatever amount or portion of such awarded compensation shall not be raised in the manner herein provided, shall be assessed, levied and collected upon the taxable real estate of the municipality, the same as other general taxes are assessed and collected in such city. At any sale which takes place of the assessed premises, or any portion thereof, delinquent for non-payment of the amount assessed and levied thereon, the city may become a
deeded or dedicated to city.
Proceedings purchaser at the sale. Whenever any person shall deed or dedicate land to the city of Detroit for a street or part of a street, or an alley or part of an alley, for the use and benefit of the public, and the same shall be duly accepted by the proper authorities, then the board of assessors for the city of Detroit shall at the time of such acceptance ascertain the last assessed value of the land so deeded or dedicated, according to the area, and certify the same upon the plat, deed or instrument containing the dedication; and thereafter whenever the remaining property of the dedicant which abuts on the land so deeded or dedicated shall be assessed to defray the cost of extending or widening the street or alley, for which said land was deeded or dedicated, there shall be credited upon said assessment an amount equal to the certified assessed value of the land so deeded or dedicated, and the amount so credited shall be paid by the city out of the street opening or contingent fund.
Council to set apart compensation for property.
SEC. 16. Within one year after confirmation of the verdict of the jury, or after the judgment of confirmation shall on appeal be confirmed, the common council shall set apart and cause to be provided in the treasury, unless already provided, the amount required to make compensation to the owners and persons interested for the private property taken as awarded by jury, and shall in the resolution setting apart and providing said sum, if not already provided, direct the city treasurer to pay to the persons respectively entitled to the money so set apart and provided, to each his or her proportion, as ascer Duty of treas- tained and awarded by said verdict. And it shall be the duty of the treasurer to securely hold such money in the treasury for the purpose of paying for the property taken, and 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. The common council may provide the necessary amount by borrowing from any other money or fund in the treasury, and repay the same from money raised to pay the compensation awarded by the jury when collected, or otherwise, as they may provide. Whenever the necessary sum is actually in the treasury for such purpose, the treasurer shall make and sign duplicate certificates, verified by his oath, showing that the amount of compensation awarded by the jury is actually in the treasury for such purpose, the treasurer shall make and sign duplicate certificates, verified by his oath, showing that the amount of compensation awarded in the treasury for payment of the award for the private property taken in the case, giving the title of the case; he 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 city clerk or county clerk, which certificate shall be prima facie evidence of the matters therein stated. Whenever the amount of the compensation is in the treasury, and thus secured to be paid, the common council may enter upon and take possession of and use such private property
for the purpose for which it was taken, and may remove all buildings, fences and other obstructions therefrom. In case of resistance or refusal on the part of any one to the common council of their agents and servants 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 in the treasury ready to be paid to those entitled thereto, the common council by the corporation counsel may apply to the court, and shall be entitled, on making a sufficient showing, to a writ of assistance to put them in possession of the property.
tion of off
SEC. 17. Officers. jurors and witnesses in any proceedings Compensaunder this act shall be entitled to receive from the city the same fees and compensation as are provided by law for similar services in an ordinary action at law in the circuit courts of this State.
SEC. 18. All the expenses and costs of the proceedings to Expenses, how take and use private property under this act, incurred by the municipality, shall be paid out of the general fund, contingent fund, or a fund provided for such purposes, as the case may be; and it shall be lawful for the judge in any case to order the payment by the city to any respondent or taxpayer of such a reasonable attorney fee as he may deem just, not exceeding twenty-five dollars, which may be taxed with the costs.
SEC. 19. The common council shall not have power to dis- Powers of continue proceedings under this act after the rendition of the ative to suits.. verdict of the jury, but they may direct the corporation counsel to move for a new trial or to arrest the proceedings, or to take an appeal to the supreme court, and in any such case the same procedings shall be taken as are hereinafter prescribed in the case of like proceedings on the part of any respondent, except that no bond shall be required, nor shall the municipality be required to pay the clerk of the recorder's court fees.
SEC. 20. It shall be prima facie evidence as to who are what to be owners of and persons interested in any property proposed ownership of to be taken in the proceedings instituted under this act, if the property. register or deputy register of deeds of the county shall testify in open court that he has examined the records and titles in his office, and states who such records show are the owners of and persons interested in such property, and the nature and extent of such ownership and interest, and an abstract of the title of such property, or any parcel or parcels thereof, certified by the register or deputy register of deeds, shall also be prima facie evidence as to ownership and persons having an interest in any such property, and the extent and nature of such interest.
SEC. 21. In case there is on the private property taken, a How b building or other structure, the same shall be sold by or under the direction of the city treasurer; the amount produced by the sale shall belong to and be paid to the fund for
Notice of filing of petition, where filed, etc.
Notice of opening of street to be published.
paying the compensation awarded for the property taken, and the common council shall cause the proper proportion of such amount to be credited and applied in reduction pro rata of the assessment and apportionment on the assessment district. SEC. 22. To render the filing of a petition in the recorder's court under this act constructive notice to a purchaser of any real estate it shall be the duty of the corporation counsel to file for record with the register of deeds of Wayne 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 lands 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 purpose upon the payment of the same fees 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 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 notices as will enable all persons interested to search his office for such notices without inconvenience.
SEC. 23. Whenever the common council shall determine by resolution, to open any street or alley, a conspicuous notice of such determination shall be published in at least two daily papers in the city of Detroit, which shall be deemed constructive notice, and if after the publication of such notice, any person owning real estate in the line of such street or alley shall build or move a house or other structure upon such real estate in the line of any street or alley ordered opened, such house or structure shall be deemed personal property and shall not be condemned as a part of the realty, but when the street is otherwise opened may be treated as any other obstruction to a street or alley.
SEC. 24. All acts or parts of acts in conflict herewith are hereby repealed.
Approved June 18, 1903.
AN ACT to amend section two of chapter seventeen of act number three hundred ninety of the Local Acts of eighteen hundred eighty-five and amendments thereto, entitled "An act to amend and revise the charter of the city of Port Huron," approved June seventeenth, eighteen hundred eighty-five.
The People of the State of Michigan enact:
SECTION 1. Section two of chapter seventeen of act three hundred ninety of the Local Acts of eighteen hundred eightyfive and amendments thereto, entitled "An act to amend and
revise the charter of the city of Port Huron," approved June seventeenth, eighteen hundred eighty-five, is hereby amended so to read as follows:
Duty of coun
cil on receipt
SEC. 2. When a petition shall be presented to the common Petition for council asking for the sprinkling with water, of any street street imor highway within the city of Port Huron, or for the grading, be filed with curbing, paving, graveling, claying, planking or macadam- ent of public izing of any street, lane, highway, alley or avenue in said city, or for improving the same by a combination of any such methods, or for repairing to such an extent that a special assessment may be made therefor for the construction of any drain or sewer, the same shall be referred to the superintendent of public works as provided in the chapter in this act relating to the superintendent, and on the coming in of his report the common council shall determine by resolution as to the necessity of doing such work or making such improvement (a twothirds vote of the aldermen elect being necessary to determine in favor of the same) and if they determine in favor of the same or any part thereof they shall fix the limits of a special assessment district which in case of sprinkling with water of any street or highway within said city, or grading, curbing, paving, graveling, claying, planking or macadamizing, or by improving by a combination of such methods, shall include the lots and premises fronting, touching or abutting on such street, lane, alley, highway or avenue, so proposed to be improved, and in case of drains or sewers shall include such lots, blocks or premises lying contiguous to each other as will in the opinion of the council be benefited by such drain or sewer; and the council may revise, correct, amend or change the plans or specifications, and upon their being finally approved and adopted, the council shall direct the superintendent of public works to advertise in such manner as they may direct for proposals for doing such work and and furnishing material therefor according to such plans and specifications, but no bids shall be received unless accompanied by a certified check in such amount as the common council may require. The report of the superin- Plans, etc., tendent of public works to the common council for any public report. improvements, pavement, sewer or other work whatsoever for which bids may be required, shall be accompanied by the plans and specifications, and upon the adoption of any plans and specifications for any public work whatsoever and before any bids shall be received the said plans and specifications shall be placed on file in the office of the city clerk, who shall at all times keep the same in his office, subject to the inspection of any taxpayer of said city. In the performanec of such work, improvement or contract, no deviation from the plans and specifications as adopted shall be permitted by any officer, inspector, or other employee of the city, without authority granted by