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" 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... "
The New York Supplement - Seite 77
1898
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Practice Reports in the Supreme Court and Court of Appeals, Band 33

Nathan Howard (Jr.) - 1867 - 634 Seiten
...shall be taken for any public use, the compensation to be made therefor, when such compensation ?s not made by the state, shall be ascertained by a jury,...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...
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Constitution of the State of New York: Adopted in 1846 : with a Comparative ...

New York (State) - 1867 - 254 Seiten
...use, the compen2 sation to be made therefor,(') when such compensation is not made by the State, 3 shall be ascertained by a jury, or by not less than three commissioners appointed 4 by a court of record, as shall be prescribed by law. Private roads may be 5 opened in the manner...
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The Debates and Proceedings of the Constitutional Convention of the ..., Band 1

Michigan. Constitutional Convention - 1867 - 728 Seiten
...permanently located by the Legislature. [See Art. I, Sec. 13.] [See Art. I, Sec. 14.] CONSTITUTION OF 1850. appointed by a court of record, as shall be prescribed by law: Provided, The foregoing provisions shall in no case be construed to apply to the action of commissioners...
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Transcript Appeals: The File of Opinions in Cases Argued Before ..., Bände 1-2

New York (State). Court of Appeals, Joel Tiffany - 1868 - 858 Seiten
...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 court of record, as shall be prescribed by law." By an act passed April 3, Opinion by DAVIES, Ch.J. 1807, Goaverneur Morris, Simeon De Witt, and John...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Band 27

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 - 1868 - 672 Seiten
...resulting as a consequence of 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,...
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Transcript Appeals: The File of Opinions in Cases Argued Before ..., Bände 5-6

Joel Tiffany, New York (State). Court of Appeals - 1868 - 802 Seiten
...particulars: — the use must be 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...
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Proceedings and Debates of the Constitutional Convention of the ..., Band 5

New York (State). Constitutional Convention - 1868 - 1034 Seiten
...property shall be taken for public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or byooï less than three commissioners appointed oy а court of record, as shall be prescribed by law....
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Proceedings and Debates of the Constitutional Convention of the ..., Band 5

New York (State). Constitutional Convention - 1868 - 1074 Seiten
...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 of the county in which the property is situated, as shall be prescribed by law." At the suggestion...
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Documents of the Convention of the State of New York, 1867-'68, Band 5

New York (State). Constitutional Convention - 1868 - 1132 Seiten
...shall be taken for any public 2 use, the compensation to be 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...
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Reports of Practice Cases, Determined in the Courts of the State of ..., Band 11

1868 - 584 Seiten
...or of a majority only. For when the Constitution says that the compensation is to be ascertained " by not less than three commissioners, appointed by a court of record," it says in effect, that it is to be ascertained by the commissioners, to be appointed by the court,...
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