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one hundred dollars; and the parties shall have the same right of appeal as in other cases.
As to corporate powers, etc., see note to section 33. Liability for debts after changes made in districts.-See sections 38-39 and notes. Action of one district against another for money had and received.-Sch. Dist. v. Sch. Dist., 40 / 551.
Suit against district, how commenced.
(96) § 4722. SEC. 2. When any suit shall be brought against a school district, it shall be commenced by summons, a copy of which shall be left with the treasurer of the district at least eight days before the return day thereof.
Am. 1901, Act 165.
No execution to issue against district.
(97) $ 4723. SEC. 3. No execution shall issue on any judgment against a school district, nor shall any suit be brought thereon, but the same shall be collected in the man
ner prescribed in this act. Duty of treas- (98) § 4724. SEC. 4. Whenever any final judgment
shall be obtained against a school district, if the same shall not be removed to any other court, the treasurer of the district shall certify to the supervisor of the township and to the director of the district the date and amount of such judgment, with the name of the person in whose favor the same was rendered, and if the judgment shall be removed to another court, the treasurer shall ertify the same as aforesaid, immediately after the final determination thereof against the district.
Am. 1901, Act 165; 1903, Act 49.
When treas. urer fails to certify, how party may proceed.
(99) § 4725. SEC. 5. If the treasurer shall fail to certify the judgment as required in the preceding section, it shall be lawful for the party obtaining the same, his executors, administrators, or assigns, to file with the supervisor the certificate of the justice or clerk of the court rendering the judgment, showing the facts which should have been certified by the treasurer.
Am. 1901, Act 165.
(100) $ 4726. Sec. 6. If the district against whom any ment certified such judgment shall be rendered is situated in part in two or
more townships, a certificate thereof shall be delivered as aforesaid to the supervisor of each township in which such district is in part situated.
(101) $ 4727. Sec. 7. The supervisor or supervisors receiving either of the certificates of a judgment as aforesaid shall proceed to assess the amount thereof, with interest from the date of the judgment to the time when the warrant for the collection thereof will expire, upon the taxable property
of the district, placing the same on the next township assessHow collected ment roll in the column for school taxes; and the same proand returned. ceedings shall be had, and the same shall be collected and
returned in the same manner as other district taxes.
Supervisors to assess amount of judgment.
SITES FOR SCHOOLHOUSES.
(102) § 4728. SECTION 1. The qualified voters of any
schoolhouses, school district, when lawfully assembled may designate by a how desigvote of two-thirds of those present, such number of sites as nated, etc. may be desired for schoolhouses and may change the same by similar vote at any annual or special meeting, or by the same vote may enlarge any existing site. Whenever the question of Notice of designating a school site or of changing a school site is to be meeting. brought before the school meeting, the notice of said meeting shall state the intention to vote upon such question. When When in
spectors may no site can be established by such inhabitants as aforesaid, fix site. the school inspectors of the township or townships in wh the district is situated, upon notification by the district board that the district is unable to fix a site, shall determine where such site shall be, and their determination shall be certified to the director of the district and shall be final, subject to alteration afterwards by the inspectors, on the written request of two-thirds of the qualified voters of the district, or by twothirds of the qualified voters agreeing upon a site at a district meeting lawfully called.
Am. 1903, Act 182; 1905, Act 75.
NO SITE ESTABLISHED: It is only when the inhabitants cannot agree in establishing any site at all, that the inspectors are allowed to fix one.-Andress V. Inspectors, 19 / 332.
TWO-THIRDS VOTE: See note to section 91, also Bd. of Education,
Powers and duties formerly given to school inspectors now vests in township boård.
(103) § 4729. SEC. 2. Whenever a site for a schoolhouse when comshall be designated, determined, established or enlarged in for site any manner provided by law, in any school district, and determined whenever a site for a schoolhouse shall be designated, de. termined, established or enlarged by resolution of any board of education of any city and such board of education or such school district shall be unable to agree with the owner or owners of such site upon the compensation to be paid therefor, or for the land to enlarge the same, or in case such board of education or such district shall, by reason of any imperfection in the title to said site, or land to be added thereto, arising either from break in the chain of title, tax sale, mortgages, levies, or any other cause, be unable to procure a perfect, unincumbered title in fee simple to said site, or land for the enlargement thereof, the board of education or the district board of such district shall authorize one or more of its members to apply to the circuit judge, if there be one in the county, or to a circuit court commissioner of the county, or to any justice of the peace of the city or township in which such school district shall be situated, for a jury to ascertain and determine the just compensation to be made for the real
estate required by such school district for such site, or for the enlargement thereof and the necessity for using the same, which application shall be in writing, and shall describe the real estate required by such board of education or by such district as accurately as is required in a conveyance of real estate: Provided, That whenever any school district shall have designated, selected or established in any manner provided by law and whenever the board of education of any city shall have designated, selected or established by resolution a schoolhouse site or land for the enlargement thereof such selection, designation or establishment shall be prima facie evidence to said jury of the necessity to use the site so established.
Am. 1903, Act 182 ; 1909, Act 232.
CONDEMNATION: The jurisdiction to condemn lands for a schoolhouse site is invoked by presenting to the proper officer a petition designating the site and showing disagreement with the owner as to compensation for it. Smith v. Sch. Dist., 40 / 145. Proceedings to condemn land for a schoolhouse site will be quashed if there is no lawful designation thereof shown by the records.--Heck v. Sch. Dist., 49 / 551. For the constitutional questions involved in the taking of private property for public use, see Const., Art. XIII.
When jury to be summoned.
(104) $ 4730. SEC. 3. It shall be the duty of such circuit judge, circuit court commissioner, or justice of the peace, upon such application being made to him, to issue a summons or venire, directed to the sheriff or any constable of the county, commanding him to summon eighteen freeholders residing in the vicinity of such site, who are in nowise of kin to the owner of such real estate, and not interested therein, to appear before such judge, commissioner, or justice, at the time and place therein named, not less than twenty nor more than fifty days from the time of issuing such summons or venire, as a jury to ascertain and determine the just compensation to be made for the real estate required by such school district for such site, or for the enlargement thereof, and the necessity for using the same, and to notify 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 hereinbefore mentioned.
Owner to be notified.
An. 1903, Act 182.
(105) S4731. SEC. 4. Thirty days previous notice of the time when and the place where such jury will assemble shall be given by the district board of such 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 treasurer of such district, and shall describe the real estate required for such site, or for the enlargement thereof, and state the time when and . 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.
Am. 1903, Acts 49, 182.
(106) § 4732. Sec. 5. It shall be the duty of such judge, Return of commissioner, or justice, and of the persons summoned as proceedings 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 return 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 shal! certify that fact.
Either party may challenge any of the 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 up the number of twelve; and the officer issu- Attachment ing the summons or venire for such jury, may issue an attach-morgniserce ment for any person summoned as a juror who shall fail to obedience attend, and may enforce obedience to such summons, venire, or attachment, as courts of record, or justices' courts are authorized to do in civil cases.
A party present, or represented, at the empaneling of the jury will be deemed to have waived all objections to the jury, if he makes none then.Smith v. School Dist., 40 / 143.
(107) § 4733. SEC. 6. The twelve persons selected as Jury to be the jury shall be duly sworn by the judge, commissioner, or sworn. justice in attendance, faithfully and impartially to inquire, ascertain and determine the just compensation to be made for the real estate required by such school district for such site, or for the enlargement thereof, 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 subpoenas, their attendance compelled by such circuit judge, commis- witnesses. sioner or justice in the same manner as may be done by the
What jury to ascertain.
circuit court or by a justice's court in civil cases. The jury may visit and examine the premises, and from such examination and such other evidences 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 certifi cate in writing stating that it is necessary that said real estate, describing it, should be used as a site for a schoolhouse for such district, or to enlarge its existing site; 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 indorse 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.
Court to attach certificate.
Am. 1903, Act 182.
Collection of judgment.
(108) § 4734.
§ 4734. 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 proceedings regular, render judgment for the sum specified in the certificate 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.
Smith v. Sch. Dist., 40 / 143. Mandamus will not lie to compel a circuit judge to overrule his finding that the proceedings taken for the condemnation of a site were irregular and to compel him to enter judgment for the amount found due.--Sch. Dist. v. Judge, 49 / 432.
with county treasurer.
(109) § 4735. SEC. 8. In case the owner of such real etc., money to estate shall be unknown, insane, non compos mentis, or an in be deposited
fant, or cannot be found within such county, it shall be lawful for the said school district to deposit the amount of such judgment with the county treasurer of such county, for the use of the person or persons entitled thereto; and it shall be the duty of such county treasurer to receive such money, and at the time of receiving it, to give a receipt or certiticate 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