 When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall...  Journal of the House of Representatives - Page 386by Michigan. Legislature. House of Representatives - 1859Full view - About this book
 | New York (State) - Law - 1863 - 1036 pages
...such compensation is not made by the state, shall be ascertained by a jury, or by not less than tliree commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1865 - 726 pages
...be made therefor, when such compensation is not made by the state, shall le ascertained ty a jury, or by not less than three commissioners, appointed by a court of record, as sh all be prescribed by law. The point is, that the use of the disjunctive "or," shows the intent of... | |
 | New York (State) - Constitution - 1867 - 254 pages
...using such property and the just compensation to be made therefor, except when to be made by the State, shall be ascertained by a jury of twelve freeholders,...a Court of Record, as shall be prescribed by law. Mich,., 314. — In cases of necessity, private ways may be granted upon just compensation being first... | |
 | Michigan. Constitutional Convention - Constitutional conventions - 1867 - 728 pages
...such property, and the just compensation to be made therefor, except when to be made by the State, shall be ascertained by a jury of twelve freeholders,...property, or by not less than three commissioners, CONSTITUTION OF 1867. [See Art. XIII, Sec. 1.] [See Art. XIII, Sec. 2.] [See Art 3331, Sec. 3.] ARTICLE... | |
 | Nathan Howard (Jr.) - Civil procedure - 1867 - 634 pages
...be made therefor, when such compensation ?s not made by the state, shall be ascertained by a jury, or by not less than three commissioners appointed...a court of record, as shall be prescribed by law. In the present instance, the law prescribed the manner of ascertaining the compensation to be made... | |
 | New York (State). Constitutional Convention - Constitutional conventions - 1868 - 1074 pages
...be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners, appointed...a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law, but in every case the necessity... | |
 | New York (State). Court of Appeals, Joel Tiffany - Law reports, digests, etc - 1868 - 858 pages
...be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners appointed...a court of record, as shall be prescribed by law. In the present instance the law precribed the manner of ascertaining the compensation to be made for... | |
 | Joel Tiffany, New York (State). Court of Appeals - Law reports, digests, etc - 1868 - 802 pages
...public; compensation must be given ; the amount required as compensation must be ascertained by a jury, or by not less than three commissioners appointed by a Court of record. It has, indeed, been said that the right of eminent domain implies the right in the sovereign power... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1868 - 672 pages
...performing it, must, in conformity with the provisions of the Constitution, be ascertained by a jury, or by not less than three commissioners, appointed by a court of record. (Cons, of 1846, § 7, art 1.) The compensation or damage, therefore, could only be fixed by a jury,... | |
 | New York (State). Constitutional Convention - Constitutional conventions - 1868 - 1132 pages
...made therefor, when such compen3 sation is not made by the State, shall be ascertained by a jury, 4 or by not less than three commissioners, appointed by a court of 5 records, as shall be prescribed by law. Private roads may be 6 opened in the manner to be prescribed... | |
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