Section 128.161 – Parties to Suit; Proof of Claims; Settlement.
128.161 Parties to suit; proof of claims; settlement. Sec. 11. In case the said burying grounds or addition or approach thereto, is encumbered by mortgage, levy, tax sale, or otherwise, as aforesaid, the mortgagee, or other parties claiming to be interested in said title, shall severally be made a party to the procedure as aforesaid, […]
Section 128.162 – Payment Order; Issuance, Receipt; Evidence.
128.162 Payment order; issuance, receipt; evidence. Sec. 12. The circuit judge, judge of probate, or circuit court commissioner of any county where any money has been deposited with the county treasurer of such county, as hereinbefore provided, shall, upon the written application of any person or persons entitled to such money, and upon receiving satisfactory […]
Section 128.163 – Subsequent Proceedings.
128.163 Subsequent proceedings. Sec. 13. In case any circuit judge, circuit court commissioner, or justice of the peace, who shall issue a summons or venire 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 […]
Section 128.164 – Fees; Compensation.
128.164 Fees; compensation. Sec. 14. Circuit judges, circuit court commissioners, and justices of the peace, for any services rendered under the provisions 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 […]
Section 128.156 – Judgment; Collection.
128.156 Judgment; collection. Sec. 6. 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 township, which judgment shall be collected and paid […]
Section 128.157 – Incompetent or Unknown Owner; County Treasurer, Duties; Funds Subject to Court Order.
128.157 Incompetent or unknown owner; county treasurer, duties; funds subject to court order. Sec. 7. In case the owner of such real estate shall be unknown, insane, non compos mentis, or an infant, or cannot be found within such county, it shall be lawful for the said township to deposit the amount of such judgment […]
Section 128.158 – Vesting of Fee; Conditions; Writ of Possession.
128.158 Vesting of fee; conditions; writ of possession. Sec. 8. 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 burying grounds, has been […]
Section 128.159 – Possession by Township; Writ of Possession.
128.159 Possession by township; writ of possession. Sec. 9. Such township may, at any time after making the payment or deposit hereinbefore required, enter upon and take possession of such real estate for the use of said township. And it shall be the duty of the county clerk of said county, on the request of […]
Section 128.160 – Jury Disagreement; Adjournment, Limit.
128.160 Jury disagreement; adjournment, limit. Sec. 10. In case the jury hereinbefore 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 […]
Section 128.101 – Private Cemeteries in Cities; Fencing.
128.101 Private cemeteries in cities; fencing. Sec. 1. It shall be the duty of any owner or owners of private cemeteries in cities wherein lots are sold for private or family burial purposes, to keep the same at all times enclosed with a fence with self locking gates of entrance and exit. Said fence and […]