thereof shall be delivered as aforesaid to the supervisor of each township in which such district is in part situated.

assess amount of

(888.) SEC. 7. The supervisor or supervisors receiving either of Supervisors to the certificates of a judgment as aforesaid shall proceed to assess the judgment. 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 assessment roll in the column for school taxes; and the same proceedings shall be had, and the same shall be collected and How collected returned in the same manner as other district taxes.

CHAPTER VIII.

SITES FOR SCHOOL-HOUSES.

and returned.

61-71.

(889.) SECTION 1. The qualified voters of any school district, when See App. A., ¶¶ lawfully assembled, may designate by a vote of two-thirds of those voters to desig present, such number of sites as may be desired for school-houses, nate sites. and may change the same by a similar vote at any annual meeting. When no site can be established by such inhabitants as aforesaid, when inspectors the school inspectors of the township or townships in which the site. district is situated shall determine where such site shall be, and see App. B., their determination shall be certified to the director of the district, and shall be final, subject to alteration afterward by the inspectors, on the written request of two-thirds of the qualified voters of the district, or by two-thirds of the qualified voters agreeing upon a site, at a district meeting lawfully called.

form 17.

upon compensa

Board to apply

for a jury.

($90.) SEC. 2. Whenever a site for a school-house shall be desig- Disagreement nated, determined, or established, in any manner provided by law, in tion for site. any school district, and such district shall be unable to agree with the owner or owners of such site upon the compensation to be paid therefor, or in case such district shall, by reason of any imperfection in the title to said site, 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, 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, and the necessity for using the same, which application shall be in writing, and shall describe the real estate Contents of required by such district as accurately as is required in a conveyance of real estate: Provided, That whenever any school district Proviso-evishall have designated, selected, or established, in any manner pro- sity for site. vided by law, a school-house site, such selection, designation, or establishment shall be prima facie evidence to said jury of the necessity to use the site so established.

application.

dence of neces

(891.) SEC. 3. It shall be the duty of such circuit judge, circuit Jury to be court commissioner, or justice of the peace, upon such application summoned. being made to him, to issue a summons or venire, directed to the

Owner to be notified.

Notice in case owner is unknown, etc.

Return of venire

thereon.

sheriff or any constable of the county, commanding him to summon eighteen freeholders residing in the vicinity of such site, who are in no wise 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, 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 herein before mentioned.

(892.) 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 assessor of such district, and shall describe the real estate required for such site, 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.

(§93.) SEC. 5. It shall be the duty of such judge, commissioner, or and proceedings justice, and of the persons summoned as jurors, as herein before 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 shall 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 freeAttachment may holders to make up the number of twelve; and the officer issuing issue to enforce the summons or venire for such jury, may issue an attachment for any person summoned as a juror who shall fail to attend, and may

obedience to pro

cess.

enforce obedience to such summons, venire, or attachment, as courts of record, or justices' courts are authorized to do in civil cases.

sworn.

witnesses.

(§94.) SEC. 6. The twelve persons selected as the jury shall be duly Jury to be sworn by the judge, commissioner, or 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, 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 cir- Subpoenas for cuit judge, commissioner, or justice in the same manner as may be done by the circuit court or by a justice's court in civil cases. The jury may visit and examine the premises, and, from such examina- Jury to ascertain tion and such other evidences as may be presented before them, ing land. necessity for tak. 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 To determine by such school district as the just compensation for the same. The therefor. said circuit judge, circuit court commissioner, or justice of the Court to make 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.

compensation

certificate.

unknown, etc.,

money to be de

posited with county treasurer.

(895.) SEC. 7. Upon filing such certificates in the circuit court of Collection of the county where such real estate is situated, such court shall, if it judgment. 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. (896.) SEC. 8. In case the owner of such real estate shall be unknown, When owner is insane, non compos mentis, or an infant, 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 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

Proviso

how money to be drawn from

such county treasurer, except upon an order of the circuit court, circuit court commissioner, or judge of probate, as hereinafter county treasurer. provided.

On payment court to decree

title vested in district.

(897.) 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 by such district for such site, has been paid, or that the amount thereof has been deposited according to the provisions of the preceding sections, 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 successors and assigns, and shall, in and by such order or decree, award to such school district a writ of possession for the recovery of the Copy of decree possession of such real estate; a copy of which order or 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 making such payment or deposit, be vested forever thereafter in such school district and its successors and assigns in fee.

to be recorded.

When district to

take possession.

Writ of posses. sion to be issued

by county clerk

to sheriff

(898.) SEC. 10. Such school district may, at any time after making payment or deposit herein before required, enter upon and take possession of such real estate for the use of said district. And it shall be the duty of the county clerk of said county, on the request of said school district, to issue out of and under the seal of the circuit court of said county a writ of possession as awarded in such order or decree; which writ shall be directed to the sheriff of said county, and shall be tested and made returnable, and shall be substantially, so far as may be, in the same form provided for writs of possession Sheriff to remove in actions of ejectment; and it shall be the duty of such sheriff thereupon to remove the respondent or respondents in such proceedings, and all persons holding under them or either of them, from the real estate described in such decree and in such writ, and deliver the possession thereof with the appurtenances to such school district.

respondent.

When jury dis. agrees proceedings may be adjourned and new jury summoned.

(§99.) SEC. 11. In case the jury herein before provided for shall not agree, another jury may be summoned in the same manner, and the same proceedings may be had, except that no further notice of the proceedings shall be necessary; but instead of such notice, the judge, commissioner, or justice may adjourn the proceedings to such time as he shall think reasonable, not exceeding thirty days, and sball 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 adjournnot to exceed ment, unless the other party shall consent to such adjournment; but such adjournments shall not in all exceed three months. ($100.) SEC. 12. In case the said school-house site is encumbered in case of in- by mortgage, levy, tax sale, or otherwise, as aforesaid, the mortgagee, or other parties claiming to be interested in said title, shall severally

Adjournments

three months.

Proceedings

cumbrances.

county treasurer

be made a party to the procedure as aforesaid, and shall be authorized upon the filing of the certificate of the jury in the circuit court of said county, to appear before the circuit judge and make proof relative to their proportionate claims to the said site, or the compensation to be made therefor, as determined by said jury. And the said circuit judge shall, by decree, settle their several claims in Duty of circuit accordance with the rights of the parties respectively, and may judges. divide the sum awarded by said jury between the claimants as in his judgment will be equitable and right, rendering against said district a separate judgment for each of the amounts so awarded. (8101.) SEC. 13. The circuit judge, judge of probate, or circuit court How money commissioner of any county where any money has been deposited deposited with with the county treasurer of such county, as herein before provided, may be drawn. 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 treasurer to pay the money thus deposited with him to said applicant; and it shall be the duty of such county treasurer, on the presentation of such order, with the receipt of the person named therein indorsed on said order and duly acknowledged, in the same manner as conveyances of real estate are required to be acknowledged, to pay the same; and such order, with the receipt of the applicant or person in whose favor the same shall be drawn, shall, in all courts and places, be presumptive evidence in favor of such county treasurer, to exonerate him from all liability to any person or persons for said money thus paid by him.

proceedings.

(8102.) SEC. 14. Circuit judges, circuit court commissioners, and Compensation of justices of the peace, for any services rendered under the provisions officers, etc., on of this act, shall be entitled to the same fees and compensation as for similar services in other special proceedings. Jurors, constables, and sheriffs shall be entitled to the same fees as for like services in civil cases in the circuit court.

attend, another finish pro may ceedings.

(§103.) SEC. 15. In case any circuit judge, circuit court commis- When judge, sioner, or justice of the peace, who shall issue a summons or venire attend, altho for a jury, shall be unable to attend to any of the subsequent proceedings in such case, any other circuit court commissioner or justice of the peace may attend and finish said proceedings.

CHAPTER IX.

APPEALS FROM ACTION OF INSPECTORS.

When electors

(§104.) SECTION 1. Whenever any five or more tax-paying electors, see App. A., having taxable property within any school district, shall feel them-4-9. selves aggrieved by any action, order, or decision of the board of school may appeal. inspectors, with reference to the formation, or any division or consolidation of said school district, they may, at any time within sixty days from the time of such action on the part of said school inspectors, appeal from such action, order, or decision of said board of school inspectors, to the township board of the township in which such school district is situated: and in case of fractional school dis- How made tricts, such appeal shall be made to the several township boards of

in fractional districts.

TT