Sec. 8.
The jurors so impaneled shall be sworn or shall affirm in substance as follows: "You do solemnly swear (or affirm) that you will well and truly ascertain and determine whether there is a public necessity for making the proposed improvement and for taking for the use or benefit of the public the private property which the petition describes and prays may be taken, and if you shall determine that it is necessary to make such improvement, and to take said property, that then you ascertain, determine and award the just compensation to be made therefor, and faithfully and impartially discharge all other duties as devolve upon you in this case, and unless discharged by the court, a true verdict give, according to the law and evidence, so help you God (or under the pains and penalties of perjury)." The jury shall hear the proofs and allegations of the parties, and shall go to the place of the intended improvement, in the charge of an officer, and upon or as near as practicable to the property proposed to be taken, and examine the premises. They shall be instructed as to their duties and the law of the case by the probate judge, and shall retire under the charge of an officer and render their verdict in the same manner as on the trial of an ordinary civil case, but the same shall be in writing and be signed by all jurors.
History: 1895, Act 215, Eff. Aug. 30, 1895 ;-- Am. 1899, Act 136, Imd. Eff. June 21, 1899 ;-- CL 1915, 3143 ;-- CL 1929, 2067 ;-- CL 1948, 105.8
Structure Michigan Compiled Laws
Chapters 81 - 113 - Fourth Class Cities
Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20)
215-1895-XXV - Chapter XXV Appropriation of Private Property. (105.1...105.29)
Section 105.2 - Condemnation; Proceedings.
Section 105.3 - Condemnation; Resolution of Council; Suit.
Section 105.5 - Probate Court Summons; Contents.
Section 105.7 - Probate Court; Impaneling Jury; Composition of Jury.
Section 105.8 - Probate Court; Oath of Jurors, Form; Duties; Instruction; Verdict.
Section 105.9 - Probate Court; Verdict of Jury; Contents, Necessity, Damages.
Section 105.10 - Probate Court; Jury to Retire With Petition, Map, Blank Verdict; Form of Verdict.
Section 105.11 - Probate Court; Amendments Allowed.
Section 105.13 - Probate Court; Disagreement of Jury; Impaneling New Jury.
Section 105.14 - Juror; Disability; Procedure.
Section 105.15 - Circuit Court; Appeal, Procedure; Bond.
Section 105.16 - Circuit Court; Probate Court to Return Appeal.
Section 105.17 - Circuit Court; Jurisdiction; Proceedings.
Section 105.18 - Circuit Court Jury; Impaneling.
Section 105.19 - Circuit Court; Oath of Jurors, Form; Duties; Instruction.
Section 105.20 - Circuit Court; Verdict of Jury; Contents, Necessity, Damages.
Section 105.21 - Circuit Court; Jury May Retire With Petition, Map, Blank Verdict; Form of Verdict.
Section 105.22 - Circuit Court; Confirmation of Proceedings; Cost.
Section 105.23 - Circuit Court; Judgment of Confirmation; Records of City Clerk; Contents, Evidence.
Section 105.26 - Court Proceedings; Officers, Jurors, Witnesses; Fees, Compensation.
Section 105.27 - Repealed. 2018, Act 199, Eff. Sept. 18, 2018.
Section 105.28 - Property; Sale of Buildings; Moneys, Disposition.