LAWS OF MICHIGAN ORGANIZATIONAlD GOVERNMENT 6-6?-L( OF TOWNSHIPS, AND THE POWERS AND DUTIES OF TOWNSHIP OFFICERS AND BOARDS OF SUPERVISORS: WITH NUMEROUS PRACTICAL FORMS, AND NOTES REFERRING TO ADJUDICATED CASES. BY ELIJAH M'.iAINES. = DETROIT: S. D. ELWOOD, No. 49 GRISWOLD STREET. 1860. , I CONCERNING THlE Entered according to the Act of Congress, in the year 1860, By ELIJAH M. HAINES, In the Clerk's office of the District Court of the United States, for the Northern District of Illinois. S. D. ELWOOD, Esq.: 2)ear Sir:-I have looked at the Prospectus of your intended compilation of laws regulating the action of our township and other local officers, with forms for their use in performing the various duties assigned to them. These officers have entrusted to their care the preliminary steps in assessing taxes, opening roads, and many other matters in which a close adherence to law is absolutely essential. This can be secured in no other way than by furnishing them, not only with the laws themselves, but with convenient and accurate forms. I have no doubt a judicious compilation of this kind will not only facilitate the transaction of business, but remove the occasion for a great deal of annoying and expensive litigation. I am very glad the work has been undertaken, for it is much needed Respectfully yours, JAMES V. CAMPBELL. DETROIT, 1859, We concur in the view expressed by Judge Campbell. GEO. MARTIN. RANDOLPH MANNING. I. P. CHRISTIANCY. J. M. HOWARD, Att'y Gen. SAMUEL T. DOUGLASS. B. F. H. WITHERELL. S. M. GREEN. . DETROIT, 1859. PREIFACE. The book here presented to the public, is, as indicated by the title, a conptlation of all that portion of the general Statutes of MIichigan, concerning the organization and government of townships, and the powers and duties of township officers and Boards of Supervisors, with the addition of notes and forms. The object is to furnish a complete guide for Township Officers as well as Boards of Supervisors, and County Clerks, as Clerks of the Board, to aid them in the discharge of their official duties. The work is therefore designed to contain all the Statute Law relating to the powers and duties of these officers, with numerous practical forms, adapted to every service and duty, and copious notes, by way of instruction or advice, supported by references to adjudicated cases. It is believed that the utility of a work of this nature will be acknowledged by every one who has had any experience as a township officer, or in township or county affairs. The system of township organization was early adopted in the State of Michigan, but no settled or uniform practice in conducting the details of affairs under this system has prevailed, either by legislative encouragement or private suggestion, and the compiler hereof is the first to undertake this task in those States where this system of government has been adopted. Under this peculiar system, the execution of the law must of necessity, in many instances, be committed to men of limited experience in legal matters; in consequence of which, in the absence of some reliable guide, many errors are committed, to the injury of innocent persons, and particularly in the matter of laying out and establishing, or removing or vacating, highways. In this compilation, therefore, reliable precedents, or forms, will be given in connection with every essential act or transaction concerning highways, as well as all other township business, together with full instructions which are embodied in the notes also appended, which, together, will form a convenient as well as complete and reliable guide for the most inexperienced officer. The forms given are principally derived from those most approved and in use in the State of New York, where a settled practice has obtained, and from whence the township system of government, as it exists in Michigan, has been borrowed, to all of which, it will be observed, copious notes have been added by way of instruction, referring to judicial decisions of Michigan, and other States where a like system prevails, and particularly to the decisions of the courts of the State of New York. It has been the aim of the compiler to arrange the work in as concise and complete a form as possible, and that it should contain so much of the law as the subject of the work ought properly to embrace, and nothing more; this will enable the township officer to turn at once to any portion of his duties, without wading through numberless pages of other matter, as would be the case in consulting a large volume of the Statutes. This fact alone gives great value to such a book. In the arrangement, it will be discovered that the Notes and Forms are carried along in connection with the text; they are not added by way of Appendix, as is often -the case with such works, but are presented upon the same page, or in immediate connection. The Plan of this work the Compiler claims to be original with himself; the copyright of which he has secured under the laws of the United States. He is also the compiler of a like work for Illinois and Wisconsin; and as evidence of the merits of those compilations, it may be sufficient to mention that they were, in those States, published by State authority-seven thousand copies being furnished to each State by order of the Legislature, and distributed among the several townships; besides this, several thousand copies have been disposed of at private sale. In Illinois, the private sales, in two years, have reached seven thousand copies, which fact alone proves quite conclusively the utility of a work of this nature. APRIL, 1860. PLAN OF THIS COMPILATION AND EXPLANATIONS. For information as to the matter contained in this compilation, reference will be had to the Table of Contents following. The different subjects embraced have been classed under several distinct heads, entitled DIvIsIONs; each DIvIsiON comprising a chapter of the Compiled Laws of 1857, reference being made to the number of the chapter, in the margii, at the head of each Division. The marginal references and foot notes, as contained in the Compiled Laws, are here given, the same as therein contained. The foot notes referred to by small italic letters, a, b, c, &c., are those taken from the Compiled Laws. All amendments, since the date of the Compiled Laws, are also inserted itn their proper order, with marginal references, as in other cases, showing the date of enactment and page of the Session Laws where the amendments will appear. VI Preface. TABLE OF CONTENTS. DivisIoN I-Of Elections,.............................. 9-42 Divisiox II-Of Counties,............................... —.-..... -— 43-45 DiVISION III-Of County Officers.................................. 46-64 DrvISION IV-Of Resignations, Vacancies, and Removals from Office, and of Supplying Vacancies,................>...... 65,66 DIVISION V-Of the Powers and Duties of Townships, and Election and Duties of Township Officers.............................. 67-89 DIVISION VI-Of the Division of Townships,........................ 90, 91 DIVISION VII-Of Fences and Fence Viewers; of Pounds and the Im pounding of Cattle......................-..................... 92-99 DIvsIoN VIII-Of Taking the Census and Statistics of the State,..100-103 DIVISION IX-Of the Assessment and Collection of Taxes,..- -.... 104-144 DIVISrON X-Of Specific State Taxes and Duties,...................145-152 DIVISION XI-Of the Officers having the care and superintendence of Highways and Bridges, and their General Powers and Duties, - -153-168 DIvi$ON XII-Of persons liable to work on Highways, and making Assessments therefor,.........................169-171 DIVISION XIII-Of the Duties of Overseers in regard to the perform ance of labor on Highways, and of the performance of such labor, or the commutation therefor, and application of moneys by the Commissioners,.............................172-178 DivIsIoN XIV-Of Laying, Out, Altering, and Discontinuing Public Roads.......................................................179-199 DIVISION XV-Of the obstruction of Highways, Encroachments there on, and Penalties,....... —---------------------------------—....... 200-203 DIVISION XVI-Of the Erection, Repairing and Preservation of Bridges,204-206 DIVISION XV-II-Miscellaneous Provisions of a General Nature....... 207,208 DIVISION XVIII-On the Regulation of Ferries,............209, 210 DivISIO XIX-Of Private Roads,.................................211-213 DIVISION XX-Of Weights and Measures,....-.........214-216 DIVISION XXI-Of the Preservation of the Public Health, Quarantine, Nuisances and Offensive Trades,..................217-224 DivISION XXII-Of the Draining of Swamps, Marshes, and other Low Lands that affect injuriously the Public Health,. — ----—. 225-233 DivisIox XXIII-Of the Support of Poor Persons by their Relatives,.234-236 DIVISION XXlV-Of the Support of Poor Persons by the Public..-..237-257 DIVISION XXV-Of the Law of the Road and the Regulation of Pub lic Carriages....... —---------------------------------------- 258,259 DIVISIONx XXVI-Of Lost'Goods and Stray Beasts,.......260-262 DivisioN XXVII-Of certain Minicipal Regulations of Police,...263-265 DIVISION XXVIII-Of the Destruction of Wolves and other Noxious Animals,..................................266,267 DivIsioNr XXIX-Of County and Town Agricultural Societies-,.......268-270 LAWS OF MICHIGAN THE ORGANIZATION AND GOVERNMENT OF TOWNSHIPS. DIVISION I.-OF ELECTIONS. OF ELECTIONS OTHER THAN FOR MILITIA AND TOWNSHIP OFFICERS. CoMp. L. 1857. Chap. VI. p. 101 An Act to provide for holding General and Special Elections.? [Approved June 27, 1851. Took effect Sept. 27, 1851. Laws of 1851, p.281.] [25.] SECTION 1. The People of the State of Michigan General eleeenact, That a general election shall be held in the several town- tion; whenheld. ships and wards of this State on the Tuesday succeeding the first Monday of November, in the year eighteen hundred and fifty-two, and on the Tuesday succeeding the first Monday of November, every second year thereafter, at which there shall be elected so many of the following officers as are to be chosen in such years respectively, that is to say: a Governor, Lieu- Officers to be tenant - Governor, Secretary of State, State Treasurer, Auditor elected. General, Attorney General, Superintendent of Public Instruction, Commissioner of the State Land Office, Members of the State Board of Education, Electors of President and Vice -President of the United States, Representatives in Congress, the Senators Const. Art. 5 and Representatives in the State Legislature, and the following Sec. 3; Art. 8, Se". 1:' Art. 13, county officers, viz.: Judges of Probate, Sheriffs, Clerks, Treas- Sec. 9. urers, Registers of Deeds, Prosecuting Attorneys, and such Art. 6, See. 13. other officers as may by law be required to be elected at such general election: Providecl, The provisions of this section shall not apply to the election of the Senator and Representatives in the State Legislature, nor to the election of county officers, in that portion of the State denominated the Upper a This Act, it is believed, supersedes the whole of Chapters 3, 4, 5, 6, 7, 8, 9, 10, and 11 of the Revised Statutes of 1846. COINC~ERNING .0.e N. Township Laws of Michigan. Peninsula, as described in section one, article nineteen of the Revised Constitution, and such other territory as may be at tached thereto for election purposes. On the first Tuesday of November, eighteen hundred and fifty-one, there shall be elected a Governor and Lieutenant-Governor, whose term of office shall commence on the first Monday of January, eighteen hundred and fifty- two, and who shall hold their respective offices until the first day of January, eighteen hundred and fifty- three, and until their successors are elected and qualified; which election shall be conducted in the manner provided by the Constitution and laws in force on the thirty - first day of Schedule to December, eighteen hundred and fifty; and the returns and Const. Sec. 5. canvass of votes given thereon shall be proceeded and deter mined in the same manner herein provided for the same offi cers to be elected at general biennial elections. In what cases [26.] SEC. 2. Special elections may be held in the following special elections may be held. cases, and for the election of the following officers, viz.: 1. When a vacancy shall occur in the office of Senator or Representative in the State Legislature, Representative in Congress, Judge of the Circuit or District Court, Regent of the University, or member of the State Board of Education; 2. When there has been no choice at a general election of Representatives in Congress; 3. When the right of office of a person elected to any of the aforesaid district or county offices shall cease before the commencement of the term of service for which he shall have been elected; 4. When a vacancy shall occur in either of the said county offices after the commencement of the term of service, and more than six months before the next general election; 5. When, in any other case of vacancy not particularly provided for in this section, the Governor shall in his discretion so direct. Whenvacancies [27.] SEC. 3. A vacancy in either of the offices named in maybe filled at the first section of this act, which shall not have been sup plied before a general election, may be supplied at such election. When special [28.] SEC. 4. No special election shall be held within elections not to three months next preceding a general election, except in he held. cases where the Governor shall order a special election. When to be or- [29.] SEC. 5. Special elections for the choice of the county dered by Board officers named in section one of this act, shall, except in cases in which a special election is to be ordered by the Governor, be ordered by the Board of Supervisors. To be held one [30.] SEc. 6. Special elections shall be held and continued dayonly one day only, and shall be conducted, and the result thereof canvassed and certified in all respects, as near as may be, in like manner as general elections, except as otherwise directed. Persons having [31.] SEC. 7. In elections for the choice of all officers greatest number of votes named in the first section of this act, the persons having the deemed elected. 10 [DIV. I. 1) IV. i.J Of ElCctfl8. 11 greatest number of votes shall be deemed to have been duly elected. [32.] SEC. 8. Whenever the time fixed by the law of Con- Eleotion of gress for the election of Electors of President and Vice -Presi- Prleeotdre toafnd dent of the United States, shall not occur on the day ap-Vice-President pointed for holding the general election, such election for Electors of President and Vice-President shall be held on the day so fixed by law of Congress therefor. [33.] SEc. 9. All the provisions of law relating to the notifying and holding of the general elections, and the election of Electors of President and Vice-President thereat, shall apply to every such election held pursuant to the provisions of the preceding section; and the votes given for such Electors shall be returned and canvassed, and the result determined in the same manner in all respects, and with the like effect, as in case of the election of such Electors at a general election. [34.] SEC. 10. When a vacancy shall occur in the office of Notice of sup plying vaoan. Judge of the Circuit Court, Regent of the University, or clesnia certain member of the State Board of Education, thirty days or more offices. before a general election, the Secretary of State shall, at least twenty days before such election, cause a written notice to be sent to the sheriff of each of the counties within the election district in which such vacancy may occur; which notice shall state in which office the vacancy occurred, and that such vacancy will be supplied at the next general election. [35.] SEc. 11. The Secretary of State shall, between the of general eleo. first day of July and the first day of September preceding a tions. general election, direct and cause to be delivered to the sheriff of each county in this State, a notice in writing that at the next general election there will be chosen as many of the following officers as are to be elected at such general election, viz.: a Governor, Lieutenant - Governor, Secretary of State, State Treasurer, Auditor General, Attorney General, Sujperintendent of Public Instruction, Commissioner of the State Land Office, members of the State Board of Education, Electors of President and Vice-President of United States, and a Representative in Congress for the district to which each of such counties shall belong. [36.] SEC. 12. He shall also, between the first day of July of elections of and the first day of September preceding such election, direct Senators and Representa. and cause to be delivered to the sheriff of each county a notice tives. in writing, stating the number of Senators and Representatives to be elected in such county, specifyingthe number of each district, and the limits of such district, when the county alone does not constitute a senatorial or representative district or dis. tricts. [37.] SEC. 13. Whenever a special election shall be ordered Of special eleQ. by the Governor to fill any vacancy, the Secretary of State tions. shall immediately notify the sheriff of each of the counties IiV. 1. ] Of Elections. 11 N 12 Ton-~ La8o i-a.[I.I embraced in said election district, of the time of holding such election, the cause of such vacancy, the name of the officer, and the time when his term of office will expire. Duty of Board [38.] SEC. 14. When the board of supervisors of a county of Supervisors shall order a special election to fill a vacancy in any office, such in ordering vacansy to be order shall be in w-riting and signed by the chairman and clerk lled. of the board, and shall specify how the vacancy occurred; the name of the officer in whose office it occurred; the time when his term of office will expire; and the day on which suchspecial election shall be held, not being more than forty nor less than thirty days from the making of such order; and such clerk shall without delay, cause a copy of such order to be delivered to the township clerk of each township, and to one of the in spectors of election in each ward of any city in the county. Duty of Sheriff [39.] SEC. 15. The sheriff, on receiving either of the notices on receiving no- directed in this act to be sent to him, shall forthwith cause a tice. tice. notice in writing to be delivered to the township clerk in each township, and to one of the inspectors of election in each ward in any city of his county, which notice shall contain in sub stance the notices so received by such sheriff; but if such eounty shall be divided-into two or more senatorial or repre sentative districts, then such notice, so far as it relates to the election of Senators or Representatives, shall be delivered to -:~- the proper officer in each township or ward in each'respective district. Ibid. [40.] SEc. 16. He shall also give at least twenty days no tice in writing, to be delivered to the township clerk of each township, and to one of the inspectors of election in each ward in any city in his county, of the holding of each general elec' tion, for the choice of county officers, designating the officers to be chosen at each and every such election. Duty of Town- [41.] SeE. 17. The township clerk or inspector of elections ship Clerk on receiving either of the notices directed in this act to be deliveceiving notice ered to him, shall, by notice in writing, under his hand, give at least ten days' notice to the electors of the township or ward, of the time and place at which such election is to be held, and the officers to be chosen; and if the notice is of a general elec tion, at which a vacancy is to be filled, it shall state the name of the person in whose office the vacancy shall have occurred, and that such vacancy will be supplied at such election;- and such township clerk or inspector shall cause such notices to be posted up in at least three of the most public places in the said townshi,or W,ad.1 1 Form of Notice of Election by Township Clerk. ELECTION NOTICE. Notice is hereby given to the electors of the Township of Pontiac, in the County of Oakland, and State of Michigan, that the next ensuing general election will be held on Tuesday succeeding the first Monday of November next, being the - day of said month, at, in said township; - - L- "I. I 12 Tonnship Laws of Mic7&igan. [DI. I. , 4 1 DIV. i.] Of E(CCO8. [42.] SEc. 18. At the general election, the supervisor, the Inspectors of justice of the peace not holding the office of supervisor or town elections. clerk, whose term of office will first expire, and the township clerk of each township, and the assessor and alderman of each / y ward in a city, or if in any city there be not an assessor in every ward, then the two aldermen of each ward, shall be the inspectors of election, two of whom shall constitute a quorum. [43.] SEC. 19. In case three of such inspectors shall not at- When electors tend at the opening of the polls, or shall not remain in attend-to choose Inance during the election, the electors present may choose, viva spectors. voce, such number of such electors, as, with the inspector or inspectors present, shall constitute a board of three-in number; and such electors, so chosen, shall be inspectors of that election during the continuance thereof. [44.] SEC. 20. The township clerk, if present, shall be re- Clerks of Elee. quired by the board to act as a clerk of the election, and before tions the opening of the polls, the inspectors in each township shall appoint another competent person to be clerk of the election; and if the township clerk shall not be present, the board shall appoint two such clerks, and the inspectors in each ward in a city shall appoint two competent persons to be such clerks; and each of the clerks so appointed, and each of the inspectors so chosen shall take the constitutional oath of office, which oath 4 Selden, 67, e, either of the inspectors may administer.1 [45.] SEc. 21. The polls of the election shall be opened at At what time eight o'clock in the forenoon, or as soon thereafter as may be, penls to bei on the day of election, and shall be continued open until five closed. o'clock in the afternoon of the same day, and no longer; but at which election the following officers are to be chosen, to wit: (Here set forth the officers to be chosen; and f a vacancy is to be filled, state the naame of the person in whose office the vacancy has occurred, and that such vacancy will be supplied at such election.) The polls of said election will be opened at eight o'clock in the forenoon, or as soon thereafter as may be, and will be continued open until five o'clock in the afternoon, unless the Board shall,in their discretion, adjourn the polls at twelve o'clock, noon, for one hour. Dated at Pontiac, this day of-, A. D. 18-. JOHN JACKSON, Township Clerk. Note-In case of notice by Inspectors of Election, in wards of cities, the foregoing notice can be easily varied to suit the occasion, by substituting the word "Ward," with its number, or other proper designation, for that of " Township." 1 Form of Oath of Office of Clerk or Inspector of Election. "I do solemnly swear [or affirm], that I will support the Constitution of the United States, and the Constitution of this State, and that I will faithfully discharge the duties of the office of Clerk (or Inspector, as] the case may be) of this election according to the best of my ability." The neglect of the inspectors or clerks of an election to take the prescribed oath, does not vitiate an election: neither does the irregular administration of the oath. An oath irregularly administered - e.g. upon a book other than the Holy Evangelists -the parties administering it and taking it supposing it a Bible, is a valid oath. It is also held that the statute requiring the Inspectors of Election to appoint clerks is directory. If no clerks can be procured, the election is not to fail The Inspectors are to perform the duty which ordinary is devolved upon the clerks.- People e. Qook, 4 Seld. 67. Of Elections.. 1,.q — DIV. Is] -N Township Laws of Michigan. 4 Selden,,92. the boardmay adjourn the polls at twelve o'clock noon, for one djournments. hour, in their discretion; but the inspectors shall cause pjrocla mation to be made of the opening and closing of the polls, and a~. of each adjournmnent.1 /airman of [46.] SEC. 22. When the supervisor shall be one of the ~ nd board, he shall be chairman thereof; but if he be absent, such one of their number as the inspectors shall appoint, shall be chairman of the board. ITow electors to [47.] SEc. 23. The electors shall vote by ballot, and each Voust Arte. person offering to vote shall deliver his ballot, folded, to one of Const. Art. 7, Sec. 2. the inspectors, in presence of the board. ballot, what to [48.] SEC. 24. The ballot shall be - paper ticket, which shall contain. contain, written or printed, or partly written and partly printed, 1 Doug. Mich. the names of all the persons for whom the elector intends to 59; 8 Mich. 233. vote, and shall designate the office to which each person so named is intended to be chosen; but no ballot shall contain a greater number of names of persons, as designated to any office, than there are persons to be chosen at the election to fill such office.2 Oathto be ten- [49.] SEC. 25. If any person offering to vote shall be chal dalered to person lenged as unqualified by any inspector, or any elector entitled halenged. to vote at that poll, the chairman of the board of inspectors shall declare to the.-peison challenged the constitutional quali'fi cations of an elector;3 and if such person shall state that he is 1 It is likewise held, in New York, that the provision of the statute as to the'ime of opening and closing the polls is directory; that, for instance, should the Inspectors, being moisled by a defective time-piece, close the polls a few minutes before a particular hour directed by the statute, or receive a few votes after that hour, this will not render the election void.- People v. Cook, 4 Seld. 92. 2 The name of the person for whom the elector intends to vote must be written in full upon his ballot. It is held thit a ballot for J. A. Dyer can not be counted for James A. Dyer. It does not contain the name of the person intended to be voted for, but merely the initial letters; and ne evidence is admissible to show that such a ballot was intended for James A. Dyer. - Pe,ple r. Tisdale, 1 Doug. Mich. 59; People V. Higgins, 3 Mich. 233. But where the designation i6{n individual, on a ballot, is by an abbreviation senctioned by common usage, and universally understood, the ballot may be counted for the person for whom it was intended. Thus, a vote for Jas. A. Dyer may be counted for James A. Dyer. A slight error in the spellinh of a name on a ballot, it is presumed, would not prevent the ballot from being counted for the person for whom it was evidently intended.People v. Tisdale, 1 Doug. Mich. 59; People v. Higgins, 3 Mich. 233. Ballots cast for Michael Finegan, being of the same sound, it was held, should have been counted for Michael Finnegan, the person intended. -Finnegan v. Mayworm, 5 Mich. 146.'] Ballots containing a greater number of names for an office than the number to be elected, can not be canvassed,-but must be rejected.- Pesle v Adams, 9 Wend. 333. Also, if a ballot contains the nones of two person rtA e office, it is bad as to both; but such ballots can notFbe rejected as t..pias or other offices regularly named upon the same ballot. -Carpenter V. atly:... 3 The following are the Constitutional qualifications of an elector: In all elections every white male citizen; every white male inhabitant resldiungin the State on the twenty-fourth day of June, one thousand eight hundred and tlirty-iv~; every white male inhabitant residing in this State on the first day of January, one thousand eight hundred and fifty, who has declared his intention to become a citizen of-* United States, pursuant to the laws thereof, six months preceding an election, or4 has resided in this State two years and six months, and declared his intention as said; and every civilized male inhabitant of Indian descent a native of the.j'ed States, and not a member of any tribe, shall be an elector and entitled to vote; X o citizen or inhabitant shall be an elector, or entitled to vote at any election, un h shall be above the age of twenty-one years, and has resided in this State three O ths, and in the township or ward in which he offers to vote ten days next pr-ei ng such election. -Constitution, art. vii. sec. 1. Whether a person offering to vote at an election has the requisite qualification as to color or descent, must, on challenge for the want of such qualification, be inquired into, and determined by the inspectors of election. i iA [DIV. I. I o IE i I l !I I DI.i]O lco81 a qualified elector, and the challenge is not withdrawn, one of the inspectors shall tender to him such one of the following Gonst. Art. 7, oaths as he may claim to contain the grounds ofhis qualifications Sec. 1. to vote: X 1. "You do solemnly swear [or affirm] that you are twenty-one years of Form of oath or age, that you are a citizen of the United States, that you have,resided in this affirmation. State three months next preceding this day, and in this township (or ward. as the case may be) ten days next preceding this day, and that you have not voted at this election "; or 2. "You do solemnly swear [or affirm] that you are twenty-one years of Ibid. age, that you resided in this State on the twenty-fourth day of June, eighteen hundred and thirty-five, that you have resided in this State three months next preceding this day, and in this township (or ward, as the case may be) ten days next preceding this day and that you have not voted at this election; or 3. " You do solemnly swear [or affirm] that you are twenty-one years of Ibid. age, that you resided in this Stateon the first day of January, eighteen hun dred and fifty, that you have declared your intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding this election, that you have resided in this State three months next preceding this day, and in this township (or ward, as the case may be) ten days next pre ceding this day, and that you have not voted at this eleeton "; or, 4. "You do solemnly swear [or affirm] that you are twenty - one years of Ibid. age, that you have resided in this State two years and six months, that you have declared your intention to become a citizen of the United States, pur suant to the laws thereof, six months preceding this election, that you have resided in this State three months next preceding this day, and in this town ship (or ward, as the case may be) ten days next preceding this day, and that you have not voted at this election"; or, 5. "You do solemnly swear [or affirm] that you are twenty-one years of Ibid. age, that you are a native of the United States, that you are a civilized in habitant of Indian descent, and not a member of any tribe, that you have resided in this State three months next preceding this day, and in this town ship (or ward, as the case may be) ten days next preceding this day, and hat you have not voted at this election." And if such person so challenged will take either of the above oaths, his vote shall be received; but if such person shall therein swear falsely, upon conviction, thereof, he shall be liable to the pains and penalties of perjury. [50.] SEc. 26. There shall be provided and kept by-the town- Ballot box to be ship clerk in each township, at the expense of such township, provided. and in each ward in any city, by the assesso~thereof, at the ex In determining this question, the inspectors act judicially, not ministerially; and therefore they are not liable in an action on the case for damages for improperly, and without malice, refusing a lawful vote. -Gordon v. Farrar, 2 Doug. Mich. 411. Article VlIth of the Constitution further declares: SEc. 3. Every elector, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during his attendance at election, and going to and returning from the same. SEc. 4. No elector shall be obliged to do military duty on the day of election, except in time of war or public danger; or attend court as a suitor or witness. Szc. 5. No elector shall be deemed to have gained or lost a residence, by reason of his being employed in the service of the United States, or of this State; nor while engaged in the navigation of the waters of this State, or of' the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse, or other asylum, at public expense; nor while confined in any public prison. SEc. 7. No soldier, seamen, nor marine, in the army or navy of the United States, shall be deemed a resident of this State in consequence of being stationed in any military or naval plaevwithin the same. Szc. 8. Any nhabitant who may hereafter be engaged in a duel, either as principal or accessory before the-fact, shall be disqualified from holding any office under the Constitution and laws of this State, and shall not be permitted to vote at any election. Of Elections,., DIV. I.] 15 . I 16 Tow~~~~~~~~~~~~sk~~~~~ Law8 of A~~~~~~~~~~~~~~~~~ichtga~~~~~~~~~~~. [DIV.'I.~~~~~~~~~~~~~~~ pense of the city, one suitable ballot box, with lock and key, which ballot box shall have an opening through the lid, of the proper size to admit a single closed ballot, through which each ballot received shall be inserted. Box to be ex- [51.] SEC. 27. Before opening the poll, the ballot box shall ebined, locked, be examined, that nothing may remain in it; and it shall then ,etc. be locked, and the key thereof delivered to one of the inspec tors, to be designated by the board; and the said box shall not be opened during the election, except in the manner and for the purpose hereinafter mentioned. Ballot how de- [52.] SEc. 28. When a ballot shall be received, one of the posited. inspectors, without opening the same, or permitting it to be opened, shall deposit such ballot in the box. Poll list. [53.] SEC. 29. Each of the clerks shall keep a poll list, which shall contain the names of all the electors voting at saich elec tion. Comparing and [54.] SEC. 30. At each adjournment of the poll, the clerks correcting lists. shall, in the presence of the inspectors, compare their respective poll lists, compute and set down the number of votes; and cor rect all mistakes that may be discovered, according to the deci sion of the board, until such poll lists shall be made in all res pects to correspond. Lists, box and [55.] SEc. 31. The ballot [box] shall then be opened, and the key; how kept, poll lists placed therein, and the box shall then be locked, and a etc. etc. covering with a seal placed over the opening of the lid of the box, and the key delivered to one of the inspectors and the box to another, to be designated by the board. Ibid. [56.] SEC. 32. The inspector having the key shall keep it in his possession, and deliver it again to the board at the next opening of the poll, and the inspector having the box shall care fully keep it without opening or suffering it to be opened, or the seal thereof to be broken or removed, and shall publicly deliver it in that state to the board of inspectors at the next opening of the poll, when the seal shall be broken, and the box opened, the poll lists taken out, and the box again locked.1 Duty of Inspec- [57.] SEc. 33. It shall be the duty of each inspector to chaltors tochallenge lenge every person offering a vote, whom he shall know or sus pect not to be duly qualified as an elector; ancl the board of To keep order. inspectors shall possess full authority to maintain regularity and order, and to enforce obedience to their lawful commands during 17 Wendell, 522. an election, and during the canvass and estimate of the votes, after the poll is closed.2 1 The statute specifying the mode in which ballots shall be kept after the election, is held to be directory, merely, and a failure of compliance with its provisions can not operate to the prejudice, or to defeat, the rights of candidates. -People v. Higgins, 3 Mich. 233. 2 The board of inspectors may make a parol order for the removal of any disorderly person who disturbs the election, or business of the election, or during the canvass. An order in writing is not necessary for such purpose; but where the board design to go further than the mere removal of a disorderly person, and commit the person offending to jail, then their order must be in writing. - Parsons v. Brainard, 17 Wend. 522. 16 Towit,ship Lawg of Michigan. [DIV.'I. DIV. i.] Of Elecon8. 17 [58.] SEC. 34. If any person shall refuse to obey such lawful Penalty for commands of the inspectors, or by disorderly conduct in their orderly on . duct, and presence or hearing, shall interrupt or disturb their proceedings, enforced. the inspectors may, by an order in writing, commit the person so offending to the common jail of the county, for a period' not exceeding twenty days, and may require such order to be exe- R. S. 1846, cuted by any sheriff, deputy sheriff, or constable to whom the 5, Sec. 21. same shall be directed; or if neither of said officers shall be present, such order may be executed by any other person deputed in writing by the inspectors to execute the same.' [59.] SEc. 35. As soon as the poll of the general election Canvass of shall be finally closed, the inspectors shall immediately:proceed votes. to canvass and ascertain the -result of the election, unless they shall deem it necessary to adjourn such canvass to some conve- > \ nient hour of the next day; if the canvass shall be adjourned, the same course shall be observed in relation to the poll lists,' box, and key, as is required in sections thirty - one and two of this act, to be observed upon an adjournment of the poll. [60.] SEc. 36. The canvass shall be public, and shall com- Canvass to mence by a comparison of the poll lists, and a correction of any public. mistakes that may be found therein, until they shall be found or made to agree. [61.] SEC. 37. The box shall then be opened, and the ballots Excess of contained therein taken out and counted by the inspectors, un- lots, how d opened, except so far as to'ascertain whether each ballot is single; posed of. and if two or more ballots shall be found so folded together as to present the appearance of a single ballot, they shall be destroyed, when the number of ballots shall be found not to agree with the poll lists, as provided in the next section. [62.] SEC. 38. If the ballots in the box' shall be found to Ibid exceed in number the whole number of names of electors on the poll lists, they shall be replaced in the box, and one of the inspectors shall publicly draw out and destroy so many ballots therefrom, unopened, as shall be equal to such excess. ~ x 1 Form of Order of Inspectors to Comnmit a Person to Jail for Interrulpting or Disturbing an Election. In the name of the People of the State of Michigan: To the Sheriff, or any Deputy Sheriff, of the County of Hillsdale, or any Constable of the town of Hillsdale, in said County: We, the undersigned, Inspectors at a General Election held in said town of Hillsdale, on the day of-, A.D. 18-, do order that you take the body of A. B. and commit him to the common jail of said County of Hills. dale, the keeper whereof is hereby required to keep him in safe custody in said jail for the period of - days; said A. B. having been guilty of disorderly conduct in the presence of said Inspectors at said election (or as the case may be). - Given under our hands, at Hillsdale, this -- day of, A. D. 18-. CHRISTOPHER J. DICKINSON, TIMOTHY E. DIBELL, JAMES B. BALDY, Inspectors of Election. Of Elections. 17 DIV. I.] ,-Z., 18 Township Laws of Michigan. [DIV. I. Canvass and [63.] SEc. 39. The ballots and poll lists agreeing, or being statement of made to agree, the board shall then proceed to canvass and esti votes. mate the votes, and they shall draw up a statement of the result, and cause a duplicate thereof to be made, which statement and duplicate shall be certified by the inspectors to be correct, and shall be subscribed with their names. What state- [64.] SEc. 40. Such statements Shall set forth, in words at mnt to ontan, length, the whole number of votes given -for each office, the and how dispos ed of. names of the persons for which such votes for such office'were given, and the number of votes so given for each person;1 and one of said statements shall forthwith be delivered to the town ship.lerk, to be filed and preserved by him in his office, and the other shall be delivered to one of the inspectors who shall be appointed by the board to attend the county canvass. Ballots, and [65.] S'Ec. 41. The inspectors shall preserve a true copy of icopy of defect- all ballots rejected as defective; with the originals attached, and ivee ballots, how kept. deliver the same to the township clerk, to be filed in his office; ~ ~- j aand the other ballots they shall seal up and deliver to said clerk, /B ~,, who shall keep the same in his office until the next election,-sub ject only to the inspection of the proper authorities, in case of a ~~/ ~ contested electionl Poll lists to be [6.:] SI. 42. One of the poll lists shall be delivered to the filed, etc. Sled, etc. township clerk, and the other to the county clerk, which lists shall be filed and preserved by them in their respective offices.a 1 Form of Statemenf Board of Inspectors of the Result of Election. A Statement, the whole number of votes given for each office, the names of the persons for which suchk votes for each office were given, and the number of votes given for each person, at a general (or special) election held at, in the town of Spaulding, in the County of Sayinaw, and State of Michigan, on the -- day of, A. D. 18-. The whole numbler of votes given for Governor was two hundred and Jfty. The whole number of votes given for Lieutenant-Governor was two hun. dred and fifty. (Continue by giving the number of votes for each office.) Kingsley S. Bingham had one hundred and fifty votes given him for Governor. had one hundred votes given him for Governor. (Continue by giving the names of persons voted for, and number of votes given for each.) Dated this day of - -, A. D. 18-. AARON K. PENNY, PHINEAS SPAULDING, JESSE H. QUACKENBUSH, Inspectors. We, the Inspectors of the Election mentioned in the foregoing Statement, do certify said Statement to be correct. Witness ournnds, this day of, A. D. 18 ~'X~~ ~AA4o0 K. PENNY, PRINEAS SPAULDING, JESSE H. QUACKENBUSH, Inspectors. 2 A statement of the number of votes given at an, election for the respective candidates, required to be made out and filed in the county clerk's office, by thk board of county canvassers, is prima facie evidence only of.-the facts stated in it. The county Township Laws of Michigan. 18 [DIV. I. p p L-.i]O lcin.1 In a city, the ballots, and one of such poll lists and statements, shall be delivered to the city clerk, and shall be kept and preserved by him. [67.] SEC. 43. Tlhe several inspectors appointed by the in- Whoto be the County canspectors of election in townships and wards, to attend the county vassers, and canvass, shall constitute the board of county- canvassers, and when to meet, shall meet on Tuesday next following the election, before one o'clock in the afternoon, at the office of the county clerk, who shall be secretary of the board; or in his absence his deputy shall be secretary; but if suclh county shall be divided into two or more seniatorial or representative districts, the inspectors of election, representing the townships or wards embraced in each of such districts, shall, with the county clerk or his, deputy,' constitute the board of district canvassers for said districts respectively, so far as the canvass relates to the election of Senators and Representatives in the State Legislature, which several canvasses shall be held immediately after the county canvass. [68.] SEC. 44. If either of the inspectors appointed to attend Statement to he delivered to the county canvass shall be unable to attend such canvass on the county Clerkin day appointed, he shall, on or before that day, cause - to be'de- certain cases. livered at the office of the county clerk the original statement of all votes given in his township or ward, which statements said clerk shall lay before said canvassers. [69.] SEC. 45. On the day appointed for such canvass, if a When canvass. majority of the canvassers shall not attend, or if such statement ers mayadjourn of votes shall not be produced, or if. there shall be any material defect in any of such statements received, the canvassers then present shall adjourn the county canvass to some convenient hour of the next day; bus'- the inspectors from the several senatorial or representative districts, if there shall be more than one of such districts in such county, may proceed with their secretary to canvass the votes of their respective districts, as far as it can be -done, before the county canvass. [70.] SEc. 46. If all the original statements of the votes When messen . ~~~~~~~~~~~~~~~~~~gers to be sent given in the several townships and wards shall not be produced for statement of on the day appointed for such canvass, or if there shall be any votes. material defect in any of the statements received, the county clerk shall, by a special messenger or otherwise, obtain such original or corrected statements ash'are not produced or are defective, or certified or corrected copies thereof, in time to be delivered to the board of canvassers at their said adjourned meeting. [71.] SEc. 47. At the time to which such canvass was ad- Board to meet on adjourned journed, the canvassers shall again meet; and such of them as d oy. canvass may be corrected by the township canvasses, and these by the ballots themselves. The determination of the board of county canvassers of the persons elected, is ptrima facie evidence only of their election. A party may go behind the canvass to the ballots to show the number of votes east for him. The duties of the board of canvassers are wholly ministerial. -People v. Vancleve, 1 Mich. 362. n 11, .I. Elections. 19 ])IV. I.] 20 TOW8hi}) Law8 of ichiga. [DIV. I. shall be present, although less than a majority of the whole number, shall constitute the board of canvassers. To organize and [72.] SEC. 48. The canvassers shall choose one of theirnumcanvass votes. ber chairman; and said board shall then proceed to examine the original statements certified by the several boards of inspec tors of election, or certified or corrected copies thereof, and ascertain the number of votes given in the county for the respec tive State, county, and district officers when such district shall exceed the limits of such county, and make statements thereof, 15 11.492. as the nature of the election may require; after which the several senatorial and representative district boards of canvass ers shall proceed to canvass their respective districts, if such county shall be divided for representative purposes.i Separate state- [73.] SEC. 49. They shall make a separate statement, conment of votes taining the whole number of votes given in such county for the for certain offirces.ta offices of Governor, Lieutenant-Governor, Secretary of State, State Treasurer, Auditor General, Attorney General, Superin tendent of Public Instruction, Commissioner of the State Land Office, and members of the State Board of Education, the names of the persons to whom such votes were given, and the number of votes given to each; another similar statement of the votes given for Electors of President and Vice-President of the Uni ted States, each year in which such Electors are to be chosen; another similar statement of the votes given for Representative in Congress; another of votes given for Senator, when the county alone does not constitute a senatorial district; another of the votes given for Representative in the State Legislature, when the county alone does not constitute a representative district; another of the votes given for Senator or Representa tive, when the county alone constitutes but one senatorial or representative district; and another of the votes given for county officers. Ibid. [74.] SEC. 50. The several senatorial and representative dis trict canvassers shall, where a county is divided for such pur poses, also make a statement of the whole number of votes given in each respective district for the office of Senator or Representative, or both, as the case may be, which several statements shall set forth the number of each of such districts, the number of votes given to each of the persons voted for in each of such districts, respectively. What state- [75.] SEC. 51. In each of said statements, the whole number meiat to contain.> * ment to contain. of votes given, the names of the candidates, and the number of votes given'to each, shall be written out in words at length; and each statement shall be certified as correct, and attested by 1 When no contest is entered, the board of canvassers can only declare the result shown by the statement of inspectors. They do not pass upon the qualification of voters, nor decide as to what ballots should be counted. -People v. Kilduff, 15 Ill. 492. The legality of an election does not depend upon the fact of the declaration of the board of inspectors. If withheld, or not made, through illegal causes, the office will vest; the authority, rights, and powers of officers are derived from the election, and not from the returns. - Ibid. 20 Tow'7tship Laws of Michigan. [DIV. I. DIV. i.] Of Electl0n8. 21 the signatures of the chairman and secretary of the respective boards, and a copy of each, thus certified and attested, shall be delivered to the county clerk, and recorded by him in a Statement to be suitable book, to be provided by him for that purpose, at the recorded, etc. expense of the county, and kept in his office. [76.] SEC. 52. The county and district boards shall then Determination determine the persons who have been, by the greatest number bybdfper of votes, elected to the county offices, and members of the Legislature, when the county alone constitutes one or more senatorial or representative districts, and such determinations shall be certified and attested by the chairman and secretary of the respective boards, and be annexed to the statement of votes given for such officers respectively, and shall be recorded with such statements by the county clerk in his office: Provided,6 That in elections for members of the Legislature, or county officers, if it shall appear on the legal canvass of the votes polled at such election, that two or more persons have received an equal number of votes for the same office, such persons shall proceed to draw lots for the election to said office in the following manner: the board of canvassers for the county or district in which such election was held, shall appoint a day for the appearance of all such persons before the proper officer hereinafter provided, for the purpose of determining by lot among such persons the right to such office, and shall cause notice thereof to be given to all such persons interested; the officer before whom such drawing is to take place, shall prepare Proceedings as many slips of paper as there are such persons, and write the when two or more persons word "elected" on as many slips of paper as there are offi- have equal ces to be filled, and the words "not elected" on the remain-noumber of votes. ing slips, and fold the same so as to conceal the writing, and so that they may appear as nearly alike as possible; said slips shall be placed in a box, and at the time and place appointed for the drawing of said lots, each of such persons aforesaid may draw one of said slips from the box; and any such person drawing a slip on which is written the word "elected," shall be deemed legally elected to the office in question; and the officer conducting such drawing shall forthwith give him a certificate of such election; if the drawings under the provisions of this section are for the office of Senator or Representative in the State Legislature, and the district exceeds the limits of a single county, then the drawing shall take place before the county clerk of the county where the district canvass is held: in all other cases, before the county clerk of the county.where each case shall arise: Prqvided, further, That in cases where the office of county clerk is in question, the drawing shall take place before the sheriff of the county. b This proviso is from the Act of April 2 1849; which is retained (Sec. 132) for the reason that an important omission occurs here - the words, "and that a failure to elect to any office is caused thereby," being left out from their appropriate place after the word "office," in the fourth line of the proviso. DIV. 1.] Of L7ections. 21 22 Townsh Law8 of Michigan. [DIV. I. Duplicate state- [77.] SEC. 53. The said board shall, without delay, make a mforentorfvotecs duplicate statement of the votes given for Senator, when the for Senator, etc. county alone does not constitute a senatorial district, and deliver the same to the clerk of the county, to be delivered by him to the senatorial district canvassers; said board shall also make a duplicate statement of votes given for Representative in the State Legislature, when the county alone does not constitute a representative district, and deliver the same to the said clerk, to be by him delivered to the representative district canvassers. County Clerkto [78.] SEc. 54:. The county clerk shall prepare and certify transmit copy 0 under his hand and seal of office, three copies of the statement of statement t Governor, Sec- of votes given for the office of Governor, Lieutenant-Governor, rendtary of te Sereta ry of State, S tate Treasurer, Auditor General, Attorney and State Treas-rtr tt r~aue,Gnrl urer. General, Superintendent of Public Instruction, Commissioner of the State Land Office, and members of the State Board of Education; also three copies of the statement of votes given for Representative in Congress; also three copies of the state. ment of votes given for Electors of President and Vice- Presi dent of the United States, after he shall have received such statement from the board of county canvassers; each of which statements he shall seal up in an envelope, and direct one of each to the Governor, one of each to the Secretary of State, and one of each to the State Treasurer, and transmit the same by mail, within five days after the county canvass when a gene ral election has been held, and within three days after the county canvass when a special election has been held. Certificate of [79.] SEC. 55. He shall also prepare as many certified copies determinationed of each certificate of the determination of the board of county to be. delivered to persons canvassers, as well as of the several district canvassers, if such elected. county shall be divided for representative purposes, as there are persons declared in such certificates to be elected, and shall, without delay, deliver one of such copies to each person so declared to be elected. Clerk to trans- [80.] SEc. 56. Such clerk shall, within thirty days of a mit list of Representatives general election, transmit to the Secretary of State, a list of and County the members of the Legislature elected in the county, desig,naofficers to Secretary of State. ting both the Senators and Representatives by their respective districts, and also a list of all the county officers elected in such county at such election. Votes for and [81.] SEC. 57. Whenever any amendment shall have been againstt amend- proposed to the Constitution, and agreed to and submitted to ment to Consti- - tution; how the people, pursuant to the provisions of the Constitution, if taken and eavassed. can the vote thereon shall be required to be taken at a general election, the votes of the electors for and against such amend ment shall be taken, canvassed, certified, and recorded, and certified copies of the statement thereof shall be made and Const. Art. 20. transmitted by the several county clerks to the Governor, Secretary of State, and State Treasurer, at the same time and in the same manner as the votes for State, officers are by law required to be taken and canvassed, and statements thereof to be certified, recorded, and transmitted. 22 Township Laws of Michigan. [DIV. I. [82.] SEC. 58. Whenever any banking law for banking pur- Of Banking .Law, or amend. poses, or amendments thereof, shall have been passed by the La t ret. Legislature, approved by the GoVernor, and submitted to the people, pursuant to the provisions of the Constitution, if the Const. Art. 15, vote thereon shall be required to lbe taken at a general election, sec. 2. the votes of the electors for and against such banking law, or amendment thereof; shall be taken, canvassed, certified, and recorded, and certified copies of the statements thereof shall be made and transmitted by the several county clerks to the Governor, Secretary of State, and State Treasurer, at the same time and in the same manner as the votes for State officers are by law required to be taken and canvassed, and statements thereof to be certified, recorded, and transmitted. [83.] SEc. a59. In each election district for the election of a District can. Senator or Representative in the State Legislature, the limits vassers. of which shall be greater than those of a county, there shall be a board of district canvassers, and the clerks of the several counties within the district, the judge of probate, and the sheriff of the county in which the meetings of the board are to be held, shall constitute such board. [84.] SEC. 60. Any three of said canvassers shall be a quo- Quorum of rum for the transaction of the business of said board; and in Board. case there shall not be three of the members of such board present at any such meeting, the register of deeds or the county treasurer of the county where any such meeting is appointed to be held, or both of them, may act as members of such board; and, with the other members in attendance, shall constitute a board of not less than three in number. [85.] SEC. 61. The board shall meet in the district for the Times and election of a Representative in the State Legislature, on the places of meet. Tuesday next after the day on which the county canvass is g. appointed to be made, and in districts for the election of Senators, on the third Tuesday after the county canvass, at the office of the clerk of the county in such district having the greatest number of inhabitants, according to the last preceding census, unless otherwise provided by law. [86.] SEC. 62. If either of the county clerks shall be unable Original state. to attend such canvass on the day appointed therefor, he shall, beefnte to be laid on or before that day, cause to be delivered at the office of the clerk of the county in which such meeting is to be held, the original statement of votes given in his county for the officer to be elected in.such district, which statement shall be laid before said board. [87.] SEC. 63. The canvassers shall then proceed to examine Proceeding of the statement of the votes given in the several counties in the canvassers district, and ascertain and determine what persons have been elected, and to what offices, and shall draw up a statement thereof in words at length, which statement shall contain the whole number of votes given in the district for each office, and the names of the persons to whom such votes were given; and DIV. 1.1 Of Elections. 23 24 own8h Law8 of Mchiga. [DIV. I. such statement shall be certified to be correct, and to be sub scribed by the said canvassers, or a majority of them. Board to deter- [88.] SEC. 64. The canvassers shall then determine the permleincteserasodnse sons elected to the several offices within the district, as shall elce,ad deliver certificate appear by such statement, and shall certify such determination to County Clerk under their hands, and annex the same to their said statement, and deliver the same to the clerk of the county in which their meeting shall bet held, who shall file the same in his office; and said board shall cause a copy of such statement and certificate to be forthwith published in some newspaper printed in the district. Duty of County [89.] SEc. 65. The county clerk, by whom the said stateClerk in rela- ment and certificate thereto annexed shall be filed, shall, withtion to statement. out delay, transmit by mail to the Secretary of State, a copy of such statement and certificate of determination, certified by him under his hand and seal of office, and he shall also, without delay, prepare and certify as many copies of such certificate of determination as there are persons stated therein to have been elected, and cause one of said copies to be delivered to each person so determined to be elected. State canvass- [90.] SEc. 66. The Secretary of State, the State Treasurer, era. and the Commissioter of the State Land Office shall constitute the board of State canvassers, anytwo of whom shall be a quoConst. Art. 8, rum for the transaction of business; and if only one of said ofSec. 4. ficers shall attend on the day appointed for a meeting of the board, the Auditor General, on being notified by the officer so attending, shall, without delay, attend with such officer, and with him shall form the board. Secretary of [91.] SEC. 67. the Secretary of State, on the receipt of the state to rentcsord certified copies of the statement of votes given in the several statements. counties, directed by law to be sent to him by the county clerks, shall record the same in a suitable book to be kept by him for that purpose;C and if from any county clerk no such statement shall have been received by the Secretary of State, on or before the second Monday of December next after a When to call on general election, and on or before the thirtieth day after a Govt(ernor ander special election, he shall call upon the Governor and State State Treasurer for statement. Treasurer, and receive from them, or either of them, the state ment from such county [clerk], if the Governor or State Trea surer shall have received such statement. When tocallon [92.] SEC. 68. If, from any county clerk, no such statement County Clerk shall have been received by the Secretary of State, the Goverfor statement. nor, nor the State Treasurer, within the times limited, the Secretary of State shall forthwith send a special messenger to obtain such statements and certificates from such county clerk; and such clerk shall immediately, on demand being made by such messenger at his office, make out and deliver to him the statements and certificates required. c See section 131. 24 ?Township Laws of Michigan. [DIV. I. L-v i. fEecin. [93.] SEC. 69. For the purpose of canvassing and ascertain- Secretarytoap. ing the result of elections, other than for Electors of President point meeting of Board, etc, and Vice-President, the Secretary of State shall appoint a meeting of the State canvassers to be held at his office, on or before the fifteenth day of December next after a general election, and within forty days after a special election, and shall notify the other members of the board of the same. [94.] SEc. 70. The said board of canvassers, when formed Duty of Board of State can. as aforesaid, shall examine thie statements received by the Secre- vassers. can tary of State, of the votes given in the several counties, and make a statement of the whole number of votes given for the offices of Governor, Lieutenant-Governor, Secretary of State, State Treasurer, Auditor General, Attorney General, Superin. tendent of Public Instruction, Conmissioner of the State Land Office, and members of the State Board of Education, which statement shall show the names of the persons to whom such votes shall have been given for either of:the said offices, and the whole number of -votes given to each of such persons. [95.] SEc. 71. The said board shall also proceed to examine Ibid. the statements received by the Secretary of State, of the votes given in the several counties, and make a statement of the whole number of votes given for the office of Representative in Congress in each congressional district; which statement shall show the names of the persons to whom such votes shall have been given for said office, and the whole numberof votes given to each person in each respective district. [96.] SEc. 72. The said canvassers shall certify each state- Ibid. ment made by them to be correct, and subscribe their names thereto; and they shall thereupon determine what persons have been, by the greatest number of votes, duly elected toeach respective office, and make and subscribe on each statement a certificate of such determination, and deliver the same to the Secretary of State. [97.] SEC. 73. The Secretary of State shall record in his Secretaryof office, in a book to be kept by him for that purpose, each certi- State to record certificate of de. fled statement and determination, so made and delivered to him termination and by the board of State canvassers; and shall, without delay, deliver copy to ...persons elected. make out and cause to be delivered to each of the persons thereby declared to be elected, a copy of such determination, certified by him under his seal of office. [98.] SEC. 74. For the purpose of canvassing and ascertain- votes for eleot. ing the votes given for electors of President and Vice-President or, of President, ete.; when an4 of the United States, the board of State canvasers shall meet how canvasse4, on the Wednesday next after the third Monday of November, ,or on such other day before that time as the Secretary of State shall appoint; and the powers, duties, and proceedings of said board, and of the Secretaryof State, in sending for, examining, ascertaining, determining, certifying, and recording the votes and results of the election of such electors, shall be, in all re. spects, as near as may be, as hereinbefore provided in relation I)IV. 1.] Of El e c tt'o n s. 25 10 26 Towns~~~~~~~~~~ Law8 of Michigan. [DIV. I~~~~~~~~~~~~~~~~~~ to sending for, examining, ascertaining, determining, certifying, and recording the votes and results of the election of State officers. Copy of certifi- [99.] SEc. 75. The Secretary of State shall, without delay, cate of determi- cause a copy of the certified determination of the board of nation to be de livered to per- State canvassers, declaring the persons elected as such electors, ons elected. to be transmitted and delivered by special message or other wise, to each of the persons so declared to be elected, which copies shall be certified under his hand and seal of office. Canvass of 1 00.] SEc. 7-6. For the purpose of canvassing and ascertainvotes on amend- i-ng the result of the vote taken at a general election, upon any 3ment to Constitution and proposed amendment to the Constituttion, or approval of any BankingLaw. banking law, or amendment thereof, the Secretary -of State shall appoint a meeting of the State board of State canvassers, to be held at his office, on or before the twentieth day of December next after such -election; at which meeting the said Secretary shall lay before the board the statements received by him of the votes given in the several counties for and against such amendment to the Constitution, or for and against the approval of such banking law, or amendment thereof, as, the case may be. Board to aseer- [101.] SEc. 77. The board shall then proceed to examine tamineth and deestult. such statements, and to ascertain and determine- the result, and shall make and certify under their hands, a statement of the whole number of votes given for, and the whole number of votes given against, such amendment of the Constitution, or for or against the approval of such banking law,' or amendment thereof, as the case may be'; and they shall thereupon determine whether such amendment to the Constitution, or such banking law, or amendment thereof, as the case may be, has been ap proved and ratified by a majority of the electors voting thereon, and shall make and subscribe on such statement a certificate of such determination, and deliver the same to the Secretary of State. Determinations [o102.] SEc. 78.- The Secretary of State shall record in his to be recorded office, in a book to be kept by him for that purpose, such cerby Secretary of State and pub- tified statement and determination; and if it shall appear that ished with such amendment to the Constitution, or such banking law, or Laws. amendment thereof, has been approved and ratified, as afore said, he shall also record such determination in the book in which the original act of the Legislature is recorded, and shall cause any amendment to" the Constitution to be published with the laws enacted by the Legislature at the next suc ceeding sessionthereof. Publication of [103.] SEc. 79. The Secretary of State shall cause a copy determination of such determination and certificate of election to be pubof State canvasserg. lished for two successive weeks in a newspaper published at the Seat of Government, immediately after receiving the same from the board of State canvassers. 26, Town,ship Laws of Michigan. [DIV. I., DIV i. fEe-n.2 [104.] SEC. 80. The said board of State canvassers shall Adjournmentof S~tate canvass have power to adjourn from day to day, for a term not ex- s.e cana ceeding five days. [105.1 SEc. 81. At the general election to be held in the Election of year eighteen hundred and fifty-two, there shall be elected Bnemarderofdu LI~~~~~~~~~~~~ Board of dui three members of the State Board of Education,- one for two cation. years, one for four years, and one for six, years; and at each succeeding general election, there shall be elected one meniber of said board, who shall hold his office for six years, and until his successor is elected and qualified; and the ballots for the members of the State Board of Education shall designate which of the persons so balloted for, for member of said board, is to hold the office for two years, which for four years, and which for six years; and the person receiving the greatest number of votes for the term. so designated, shall be by the state can vassers declared to be elected for such a term. [106.] SEc. 82. A Representative in the Congress of the Representative United States shall be chosen in each of the congressional dis-in Congress. tricts into which the State is or shall be divided,' at each general election; and if a Representative in Congress shall resign, he shall forthwith transmit a notice of his resignation to the Secretary of State; and if a vacancy shall occur, by death or Vacancy. otherwise, in the office of Representative in Congress, the clerk of the county in which such Representative shall have resided at the time of his election, shall, without delay, transmit a notice of such vacancy to the Secretary of State. [107.] SEC. 83. At the general election next preceding the Electors of President an& choice of President and Vice-President of the United States, Vice-President.' there shall be elected by general ticket as many Electors of President and Vice-President: as this State may be entitled to elect of Senators and Representatives in Congress [108.] SEC. 84. The Electors of President and Vice-Presi- To convene at dent shall convene at the Capitol of the State on the first capitoL Wednesday of December; and if there shall be any vacancy in the office of an Elector, occasioned by death, refusal to act, neglect to attend by the hour of twelve o'clock at noon of that day, or on account of any two of such Electors having received an equal and the same number of votes, the Electors present shall proceed to fill such vacancy by ballot and plurality of votes; and when all the Electors shall appear, or vacancies owvacanoyto shall be filled, as above provided, they shall proceed to perform be filled. the duties of such Electors, as required by the Constitution and Laws of the United States. [109.] SEc. 85. The Secretary of State shall prepare three Duty of Secrelists of the names of the Electors, procure thereto the signa- tary of State. ture of the Governor, affix the seal of the State to the same, and deliver such certificates, thus signed and sealed, to one of the Electors, on or before the said first Wednesday of December. Of E, lections. 27 DIV. I.] 28 Town8hip Law8 of Michigan. LDIV. I. When Sengastor [110.] SEC. 86. On the first Tuesday after the second Meonin Congress to be elected. day of January next, before the expiration of the time for which any Senattor was elected to represent this State in the Uongress of the United States, if the Legislature shall be then in session and if not, then within tet days after a quorum of both houses shall be assembled at the then next meeting of the Legislature, an election shall be held for a Senator in Con gress, at the place where the.Legislature shall be then sitting; which election mas be'continued from day to day until such Senator shal bt elected.d Vacancy; how [1 11.] SEc 87. Whenever the seat of any such Senator ru led. sfilled. hall become vacant before the expiration of the term for which he was elected, another Senator shall be elected to fill his place within ten days after the Legislature shall have notice of such vacancy, at the place where it shall be then sitting. Manner of con- [112.] SEC. 88. Such election shall be made in the followducting election ing manner: the Senate and House of Representatives shall each openly nominate one person for the office -of Senator in Congress; after which they shall immediately meet in joint convention in the Hall of the House of Representatives, and if they shall; agree in their nomination, the person so nominated shall be deemed elected; if they'shall disagree, the election shall be made by a joint vote of the Senators and members of ~he House of Representatives, and a majority of the'votes :iv-en in such joint convention shall be necessary to an elec Evidence of,x',3:] SEC. 89. Whenever any Senator shall be chosen as election. aforesaid a copy of the resolutions of the Senate and House of Represenltaives, certifying such choice, signed by the Presi dent of the Senate and Speaker of the House of Representa tives, shall be delivered to the Secretary of State, and recorded by him; and he shall forthwith make out a certificate, under the seal of the State, and attested by him as Secretary, certifying such choice, and deliver the same to the person so chosen Senator, by mail or otherwise. jnorganized [114.] SEc. 90. Unorganized counties, with other parts of counties. the State which may be attached to any organized county for judicial purposes, unless otherwise provided, shall be considered as a part of such organized county for all purposes concerning the election of officers who may be elected at a general or special election. Oath of Inspec- [115.] SEc. 91. The oath directed in this act to be taken torEs and Clerks by persons chosen to be inspectors, or appointed clerks of elections, shall be in the form prescribed in the first section of the eighteenth article of the revised Constitution of this State. Compensation [116.] SEC. 92. Each county canvasser, sheriff, and county to certain offi- clerk, shall receive such reasonable compensation for their cers. services while employed in the business of elections for county d See See. 129 and 130, by the latter of which a repeal of this section was designed. Township Laws of Michigan., [DIV. 1. 28 DIV. i.] Of Election8. 29 officers as shall be allowed by the board of supervisors or county auditors, to be paid by the county. [117.] SEC. 93. Each district canvasser, county clerk, or other Compensation p e r s o n employed in canvassing and returning th e result of the to certain offlt:ers. elections required by law to be certified by district canvassers, to the board of state canvassers, shall receive such compensation as the board of state auditors shall deem reasonable, and be paid out of the State Treasury. [118.] SEC. 94. During the day on which any election shall Nocivil process, be held, pursuant to the provisions of law, no civil process shall telectoseroed donay be served on any elector entitled to vote at such election. of election. [119.] SEC. 95. The person holding any office, at the expira- Term of office. tion of the termin thereof shall continue to hold the same until his successor shall be elected or appointed- and qualified; and when any person shall be elected to fill a vacancy in any elective Term, when office, he shall hold the same only during the unexpired portion elected to fill vacancy. of the regular term limited to such office, and until his successor shall be elected and qualified. An Act to Provide for the Election of Circuit Judges and Regents of the University. [Approved March 10, 1851. Laws of 1851, p. 20.] [120.] SECTION 1. The People of the State of Michigan enact, When Circuit That an election shall be held onnthe first Monday in April, one Judge and Re gent to be electthousand eight hundred and fifty-one, and every sixth year ed, andforwhat thereafter, in each of the judicial circuits into which, under the term. revised Constitution and schedule thereto, and laws, the State is divided, by the electors thereof, of one Circuit Judge and one Regent of the University, who shall hold their offices respectively for the term of six years, and until their successors are elected and qualified. [121.] SEC. 2. The inspectorsof elections in the several town- Duties of Inships and wards in cities throughout the State, are hereby re- spectors ofelecquired to prepare a ballot box to receive all ballots that may be tion. offered at such election for Circuit Judge and Regent of the University, both of which officers shall be voted for on one ballot. [122.] SEC. 3. The Secretary of State shall immediately after Secretary of the passage of this act, transmit to the sheriff of each county State to give no the passage of this act, transmit tice to Sheriffs. included within the several judicial circuits of this State a notice in writing, containing a brief statement of the contents of this act, and he shall cause a copy of this act to be published in such newspapers within the several judicial circuits as he may deem proper, once in each week, from the date of the notice till the election aforesaid. [123.] SEC. 4. The sheriffs of the several counties, on receiv- Sheriffs to noing the notice hereby provided for, shall forthwith, in writing, tify Township Clerks, etc. notify the township clerk of each township, and one of the inspectors of election of each ward in any city, of such election; and it shall be the duty of the township clerks and inspectors of DIV. I.] Of Elections. 29 I 30 Town8hip Laws of Michigan. [DIV. I. Township eecp TClewrkshtp give election receiving said notice to give eight days' notice, except notice. for the election in eighteen hundred and fifty- one,, in writing, under their hands respectively, to the electors of the township or ward, of the time and place of holding such election, by post ing the same up in at least three public places in the township or ward. s Election, can- [124.] SEC. 5. The election provided for by this act shall be vs,etc., to be SC iepoie same as general conducted in the same manner as by existing laws is provided 1election. for the holding of a general election; and the inspectors of elec tions shall make the same canvass, statement, and returns, and they are hereby invested with the same powers and authority as are provided by the election laws of this State for a general election.' Countycanvass, [125.] SEC. 6. The county canvass for the several Circuit heheld.' when eld Judges and Regents of the University, shall be on the second Tuesday succeeding the'electipn, and shall be conducted in all .respects in the same manner; and returns shall be made in: the same manner, and within the same time as is provided by exist Statement, ing laws for the canvass of Representatives to Congress; but wherereturned. the county clelrks of the several counties shall transmi.t one of the certified copies of the statement of votes to the State Treasurer, instead of the Auditor General. Board of State [126.] SEC. 7. The Secretary of State, State Treasurer, and. canvassers Commissioner of the State Land Office, shall constitute the board of state canvassers; and.bey/are hereby authorized and required to proceed in the canv/S' and determination of the election of the several Circuit Judges and Regents of the Uni versity, in the same manner and within similar periods of time, as near as may be, as is provided by law for the canvass of the Const. Art. 8, election of Representatives to Congress, and shall transmit simi lar notices to the persons declared to be elected to the offices of Their duty. Circuit Judge and Regent of the University in the several Judi cial districts: Provided, That the board of state canvassers shall Proviso asto not determine the result of the, election for a Regent of the county of Wayne. University in the county of Wayne,' until after the receipt of the several statements of votes given for a Regent of the Univer sity in the Upper Peninsula; provided such statement shall be received before the third Tuesday of November next ensuing, when said board shallproceed to canvass and determine the elec tion of such Regent, as in other cases. Commence- [127.] SEC. 8. The officers elected under the provisions of * ment of term. this act, shall enter upon the discharge of their respective duties on the first day of January succeeding their election. Oath tobe ten. [128.] SEC. 9. If any person offering to vote shall be chal alerd topers n lenged as unqualified, by any inspector or any elector qualified to vote -at that poll, the chairman of the board of inspectors shall declare to the person challenged the constitutional quali fications-of an elector, and if such person shall state that he is a qualified elector, and the challenge shall not be withdrawn, one of the inspectors shall tender to him such of the following 30 Township, Laws of Michigan. [DIV. I. DIV. i.] Of Elec~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~io~~~~~~~& 31~~~~~~~~ oaths as he may claim to contain the grounds of his qualifications to vote: 1st. "You do solemnly swear [or affirm] that you are twenty - one years of Form of oath or age, that you are a, citizen of the United States, that you have resided in this affirmation. State three months, and in this township [or ward, as the case may be] ten days next preceding this election, and that you have not voted at this election"; or, 2d. "You do solemnly swear [or affirm] that you are twenty - one years of Ibid. age, that you resided in this State on the twenty - fourth day of June, one thousand eight hundred and thirty - five, that you have resided in this state three months, and in this township [or ward, as the case may be] ten days next preceding this election, and that you have not voted at this election"; or, 3d. "You do solemnly swear [or affirm] that you are twenty - one years of Ibid. age, that you resided in this State on the first day of January, one thousand eight hundred and fifty, that you have. decelared your intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding this election, that you have resided in this state three months, and in this township [or ward, as the case may be] ten days next preceding this election, and that you have not voted at this election"; or, 4th. "You do solemnly swear [or affirm] that you are twenty- one years, of Ibid. age, that you have resided in this state two years and six months next preceding this election, that you have declared your intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding this election, that you have resided in this township [or ward, as the case may be] ten days next preceding this election, and that you have not voted at this electioill"; or, 5th. "You do solemnly swear [or affirmJ that you are twenty - one years of Ibid. age, that you are a native of the United States, that you are of Indian descent and do not belong to any tribe, thatyou have resided in this State three months, and in this township [or ward, as the case may be] ten days next preceding this election, and that you have not voted at this election." If such person so challenged will take either of the above Ifoathbetaken, o a t h s, his vote shall be received; but if such person shall there- vote to be re ceived. in swear falsely, upon conviction thereof, he shall be liable to the Penalty for swearing falsely pains and penalties of perjury. wearingfalsel SEC. 10. This act shall take effect immediately. An Act to Amend the Sixth Section of Chapter Eleven, Title Two, of Revised Statutes of 1846. [Approved January 29,1853. Laws of 1853, p. 24.] SECTION 1. The People of the State of Michigan enact, That section six of chapter eleven, title twyo of the Revised Statutes of eighteen hundred and forty -six, be amended so as to read as follows, viz.: [129.] SEc. 5. Within ten days after a quorum of both houses Senator In Con' of the Legislature shall be assembled, at their session immedi- breesst when tQ beelected. ately preceding the expiration of the time for which any Senator was elected to represent this State in Congress, an election shall be held for a Senator in Congress; which election may be continued from day to day until such Senator be elected." [130.] SEc. 2. The eighty-sixth section of an act entitled, see. repealed, " An act to provide for holding General and Special Elections," 185, P. 0l. approved June twenty - seven, eighteen hundred and fifty - one, Ante se, p40 be and the same is hereby repealed. DIV. I.] Of Election,3. 31 Township Laws of Michigan. An Act to Amend Section Two of Chapter Nine of the Revised Statutes of 1846. [Approved:January 29, 1853, Took effect May 16, 1853. Laws of 1853,. p, 15.] SECrION 1. The People of the State of Michtigan enact, That section two of chapter nine of the Revised Statutes of eighteen hundred and forty- six, be amended so as to read as follows' _Secretary of State to record rl3l.] SEC. 2. The Secretary of State, on the receipt of the statement of i certified copies of the statement of votes given in the several T'otes given in the several counties, directed by law to be sent to him by the county clerks, counties.alge,tenm counties. shall make a record of the aggregate- number of votes given for each person in the several counties, in a suitable book to be kept by him for that purpose, and shall place on file and preserve such certified copies in his office.e An Act Relative to Elections. [Approved April 2, 1849. Laws of 1849, p.355.] Proceedings when two or [132.] SECTION 1. Be it enacted by the Senate and House of htre ePquarlons Representatives of the State of Michigan, That whenever in number of elections of members of the State Legislature, or county officers, Votes for mem — bers of the Le-it shall appear, on the legal canvass of the votes, that two or slature and more persons have received an equal number of votes and that iounty officers. oe, ta - a failure to elect to any office is caused thereby, such persons shall draw lots forelection to such office in the manner following: the proper board of canvassers in each case shall appoint a day for the appearance of all such persons before the proper officer hereinafter provided, for the purpose of determining by lot among such persons the right to such office, and shall cause no tice thereof to be given to all such persons. The officer before whom said drawing is to take place shall prepare as many slips of paper as there are such persons, and write the word " elected" on as many of said slips of paper as there are offices to be filled, and the words "not elected" on the remaining slips, and fold the same so as to conceal the writing, and so that all may appear as nearly alike as possible; said slips shall all be placed in a box, and at the time and place appointed for the drawing of said lots, each of such persons aforesaid may draw one of said slips from the box, and any such person drawing a slip in which is written the word "elected" shall he deemed legally elected to the office in question; and the officer conducting such drawing shall forth with give him a certificate of such election. ]Drawing of lots, Drawingoflots,[133.] SEC. 2. Drawing of lots, under the provisions of the 'Who to be before Dwdv preceding section, shall stake place before the following officers: for the office of State Senator, before the county clerk of the county where the senatorial canvass is held; for the office of Re presentative in the Legislature, and for any county office, before I See Section 91. The section amended by this actis regarded as superseded by the of June 27,1851, which comprehends the whole subject of General ad Special Elections. 32 [DIV. T. DIV. i.] Of E1econs. 33 the county clerk of the county where each case shabi arise: Provided,'That in cases where the office of county clerk is in question, the drawing shall take place before the sheriff of the county. SEC. 3. This act shall take effect and be in force from and after its passage. An Act to Provide for Holding General Elections in the Upper Peninsula. [Approved April 7,1851. Took effect July 8, 1851. Laws of 1851, p.156.] [134.]1 SECTION 1. The People of the State of Michiqan enact, Generalelection That a general election shall be held in the several townships and wards of that portion of the State denominated the Upper Peninsula, as described in section one, article nineteen of the revised Constitution, and such other territory as may be attached thereto for election purposes, on the last Tuesday of September, Offiteds to be A. D. 1852, and on the last Tuesday of September every two years thereafter; at which time shall be elected one Senator and three Representatives in the State Legislature, and such county officers as are authorized by law to be elected in the several counties of this State, except Prosecuting Attorneys; f which election shall be notified, conducted, canvassed, certified, determined, and recorded, in all respects, as near as may be, according to the provisions of law relative to holding general elections, except as to the time above mentioned, and as is hereinafter provided.O [l35.1 SEC. 2. The county canvass shall be held on the first County and disTuesday in October next after such election, and the district trict anva. canvass shall be held on the last Tuesday of said October, at such places as shall be designated by law. An Act to Provide for the Election of a District Judge, District Attorney, and Regent of the University in the Upper Peninsula. h [Took effect July 8, 1855. Laws of 1851, pp. 157, 213.] [1 36.] SECTION 1. The People of the State of Michigan enact, When election of Distri ct That an election shall be held in the several townships and wards judge, District of that portion of the State denominated the Upper Peninsula, Attorney to be held. as described in section one, article nineteen of the Revised Constitution, on the last Tuesday of September, in the year eighteen hundred and fifty-one, and on the last Tuesday of September every sixth year thereafter, at which there shall be elected one District Judge for such district, and one Regent of the University, in conjunction with the county of Wayne, and one District fSee Section 137. gas amended by "An Act to amend an Act entitled'An Act to provide for holding General Elections in the Upper Peninsula, approved April 7, 1851."' Laws of 1851. p. 313. h Being Act 121 of 1851, p. 157, as amended by Act 180 of 1851, p. 312. i See Section 6, Article 13 of Constitution, and Section 25 of Schedule to the Constitution. 33 DIV. I.] Of Elections. 34 Town8hip Law8 of Michigan. [DIV. I. When election Attorney for said district, who shall be elected on the last Tuesnd e hoe edo day of September, in the year eighteen hundred and fifty- one, ducted. and on the last Tuesday of September, every two years there after; which elections shall be notified, conducted, canvassed, certified, recorded, and the result thereof transmitted, in all re spects, as near as may be, in conformity with the provisions of an act entitled "An Act to provide for the Election of Circuit Judges and Regents of the University," approved March l10th, eighteen hundred and fifty- one. An Act to abolish the Office of District Attorney forthe Upper Peninsula, and provide for the Election of Prosecuting Attorneys of the several Counties therein. [Approved Feb. 3, 1857. Laws of 1857, p. 42.] Prosecuting At- [137.] SECTION 1. The People of the State of Michigan enact, torneys to be At the election to be held in said Upper Peninsula on the last elected in Upper Penineula; Tuesday of September, in the year eighteen hundred and fiftywhen elect-ed. y when seven, and every two years thereafter, a Prosecuting Attorney for each organized county of said UTpper Peninsula shall be electTerm of office. ed by the electors thereot; whose term of office shall commence on the first day of January next succeeding his election; and said Prosecuting Attorney shall have all the rights, powers, and Powers and du- duties of Prosecuting Attorneys under the general laws of this ties. State. Manner of con- [138.] SEC. 2. The election for said Prosecuting Attorney shall ducting elecdtuingsec. be notified, conducted, canvassed, certified, and recorded, and tiolns.I the result thereof notified and transmitted in all respects, as near Canvass, etc. as may be, in conformity with the provisions of the Statutes of this State applicable to the election of county officers, except that the county canvass shall be on the second Tuesday next ProsecutingAt- following the election; and any and each of the Prosecuting turbjneyt to bgene Attorneys elected as aforesaid, shall be subject to all provisions ral laws. of law relative to Prosecuting Attorneys in this State. OfficeofDis- [139.] SEC. 3. The office of District Attorney for the Upper' trict Attorney Peninsula shall remain, and nothing contained in this act shall impair the duties of the office./ SESS. L. 1859. An Act further to preserve the Purity of Elections, and guard against the Abuses of No. 177, p. 483. the Elective Franchise, by a Registration of Electors. [Approved February 14, 1859. Laws of 1859, p. 483.] SECTION 1. Thee People of the State of Michigan enact, Registration or- That there shall be, in the year one thousand eight hundred and dere. fifty-nine, a registration of the qualified electors of the State. Board of regis- The alderman of every incorporated city, and the supervisor, tration. treasurer, and clerk of every township, shall constitute a board of registration for such city or township, and their duties shall Boardto pro- be as follows: They shall respectively provide suitable bound vide books or registers. books or registers, one for each township, and one for each ward, i A discrepancy will be noticed between this Section and the first clause of the titlo to the Act. 34 Township Laws of Michigan. [DIV. I. DIV.'.1 Of ElectIonS. 35 so made and arranged as to contain an alphabetical list of the respective names, christian or baptismal, and surnames, in full, of all persons declared by the Constitution of the State to be Registers, how electors and entitled to vote, residing in their townships or wards, what tocotaind and the date of the registration; and, if the elector resides in a city or incorporated village, also his residence by the number of the dwelling and the name of the street, if any, and, if none, a description of the locality of the same. * i * * * * * *. * *1 REGISTRATION IN TOWNSHIPS. SEC. 9. It shall be the duty of the board of registration in Registration in each township, to wit: the supervisor, treasurer, and clerk there- townships; wuteho Qf, and in case of the absence of any of them, or his inability to the board. serve, the justice of the peace not holding the office of supervisor or town clerk, whose term of office will first expire, to provide at the expense of the township. the like book for their township for the purposes of the like registration of the qualified electors thereof, to be arranged in the same manner, save that in cases where the elector does not reside within the limits of an Books of regis. incorporated village, a description of his residence may be onit-tratn how ar ranged. ted; but in case he resides within such limits and in the township, a description of his residence by the street and the number of the dwelling, or other brief but intelligible method; and the names of such resident electors of the village shall be written in said register in a list separate and distinct from those of other electors of the township, so as to exhibit a correct registration for the village; which list shall be called the village election register. REGISTRATION IN TOWNSHIPS IN 1859. SEC. 10. At the annual meeting of each township on the first Proceedings at lIonday of April, in the year one thousand eight hundred and township elec tions in 1859. fifty-nine, the township treasurer shall, at a place as near as practicable to that of the meeting, and of convenient access to the electors, have said book or register in readiness for the entry of their names, and each qualified elector residing in the township may then write his name at length in the proper place in said register, if able and willing to do so, or the treasurer shall upon request made in his presence by the elector personally, write the name of such elector in its proper place. And in all cases under this act, the board or the members thereof receiving or making the entry of a name, shall note or cause to be noted, the day and year thereof. During such township meeting and Board to have during all future sessions of the board, the township poll list of access to toliwnthe next preceding general election or township meeting, shall shi oll list. be before him or them for their better information in making the registration, to be returned to the clerk at the close of the I Sections 2, 3, 4, 5, 6, 7, and 8, of this act, being applicable only to cities, have been omitted. 35 DIV. I.] Of Elections. 36 T~~~wn~~htp Law8 of Mic~~~~~~~iga~~. [DIV. Id.: Supervisor to meeting or the session. The supervisor or other person or perwlemaing sons charged by law with the assessment of property in the assessment. township for the purpose of -State taxation, shall, while making such assessment and in connection with the performance of that duty, in the year one thousand eight hundred and fifty - nine, have with him the said register, and shall allow each qualified elector residing in the township whose name has not been en tered therein, to write the same, or shall himself, at the like per sonal request of the elector, write the same therein at the proper place, and shall, after completing his valuation of- property, and Register to be on or before the first day fixed by law for reviewing his'assessdeposited with township clerk. ment, deposit said register with the township clerk, who,hall carefully keep and preserve the same in his office. Registration SEC. 11. After the year one thousand eight hundred and after 1859, how maede.19 how fifty-nine, it shall be the right of any such qualified' elector residing in the township, and entitled to vote at the next election therein, and whose name has not been registered, on any day except Sunday, the days of the session of the board of registration, and the days intervening between them and the next approaching election, to apply to the township clerk in person for the registration of his name; and if upon' such examination, as is required by the next following section of this act, the clerk shall be satisfied that such applicant is a resident of the township and otherwisequalified and entitled to vote in such township at the then next election to be held therein, the name of such applicant shall be written either by himself or by the clerk, upon a separate paper to be kept by the clerk, his residence described and the date of the entry noted, as required in the two last preceding sections; which paper shall be laid before the board of registration of each -township at its next meeting for examination and review; and the names of such persons appearing thereon as the board shall be of opinion are qualified electors at the then next election, and entitled to vote thereat, may, by some member of the board, and under their direction, be entered in the proper Penaltftr register in the manner above set forth. And every applicant fraudulent registration. to the clerk so causing his namie to be entered upon such separate paper, knowing or having good reason to believe himself not to be such resident and qualified to vote in such township at the then next election, shall, upon conviction thereof, be punished by fine and imprisonment, as provided in the thirteenth section of this act. REGISTRATIONS IN TOWNSHIPS AFTER 1859. Sessions of SEC. 12. On the Saturday next preceding the general boards of registratiodn, whengi election, and the annual township meeting, and preceding any held. special election, after the year one thousand eight hundred and fifty-nine, the board of registration of each township shall be iil session at the office of the township clerk, friom nine o'clock in the forenoon until five o'clock in the afternoon, for the pur 36 Township Laws of Hichiaan. [DIV. I. Dlv. i.] Of Elecon8. 37 pose of completing the list of qualified electors; during which session it shall be the right of each and every person who, at the next approaching election or township meeting, may be a qualified elector and entitled to vote thereat, and whose name is not already registered, to have his name duly entered on such register, which shall be done in the manner above set forth. The board shall have the power, and it shall be their Their powers duty, and the duty of the clerk, and of the supervisors indivi- and duties. dually, when acting under this statute, to question every person presenting himself for registration, touching his residence, and his other qualifications as an elector of the township, and it shall be the duty of the applicant to make truthful answers to all such questions. And the board, supervisor, clerk, or treasurer, as the case may be, may, for the more perfect examination of the applicant, swear and employ an interpreter, truly and impartially to interpret such questions and answers. And Penalty for if any such applicant shall, in his answers, make any material false statement. statement which is false, he shall, upon conviction thereof, pay a fine of not more than one hundred dollars, nor less than five dollars, and be imprisoned in the county jail not more than thirty nor less than five days. SEc. 13. The name of no person but an actual resident of the Who not enti. township at the date of the registration, and entitled under the tied to registra. tn I. ~~~~~~~~~~tion. Constitution, if remaining such resident, to vote at the then next election, or township meeting, shall be entered in the register. Neither the board, nor any member thereof, shall write or enter therein the name of any person, nor suffer him to write or enter his name therein, whom they know, or have good reason to believe, not to be such resident and so qualified; nor shall any person, knowing or having good reason to believe himself not to be such resident and so qualified, write his name therein; and every person so offending shall, upon conviction, pay for each Penalty for offense a fine of not more than five hundled nor less than twen- fraudulent ty-five dollars, and be imprisoned in the county jail not more than three months nor less than ten days. SEc. 14. At such election or township meeting, and as soon Township clerk at least as the poll is opened, the township clerk shall cause the to deliver regis - ter to inspectors register to be placed in the hands of the inspectors of the elec- on day of elec- / tion, to be used by them during the election, and to be returned tion. to the clerk immediately thereafter; and they shall not receive the vote of any person whose name is not written therein.; But in case any person shall offer and claim the right to vote Names may he whose name is not so registered, his name may then be regis- relegisteroneda on whose name is registered, ~~~~~~~~~~election day. tered by the clerk, under the direction of the inspectors, upon the terms and conditions following: One of the inspectors ~, shall administer to him an oath in the following form, viz.: You... do solemnly swear that you will true answers make to such questions as shall be asked you touching your qualifications as an elector at this poll, so help you God; or an affirmation to the same effect; which oath or affirmation, if he be unable to under DIV. 1.1 Of Election8. 37 4. 38 Township Laws of Michigan. [Div. I. stand the English language, may be interpreted to him by an inspector, or interpreter sworn by an inspector, which interpreter Conditions of shall also interpret his answers to the inspectors. If, in his an such registra tion. swers on oath, he shall state positively that hlie has resided in the : 4 t- ~4; - township ten days next preceding said election, designating par icuary the place of his residence, and that he possesses the other qualifications of an elector under the Constitution, stating such qualifications; and shall, furthermore, swear that owing to the sickness or bodily infirmity of himself or of some near rela tive residing in the same household (giving the name of said l L l ___ relative), or, owing to his absence from the townsi, on public or official business, or his own business, an wit out intent to avoid or delay his registration, during the then last session of the board, he has been prevented from causing his name to be pre viously registered; and if, furthermore, some qualified elector ~q'I/ ~La of the township, and not a candidate for anv office at that elec tion, sha e an oath before said inspectors, which oath any one of them may administer, that he is well acquainted with i w/r. Osuch applicant, that he has in fact resided in the to_nshi p ten days previous to such election, and that he, the reeholder, [qualified elector] has good reason to believe, and does believe, that all the statements of such applicant are true, the inspectors may, in their discretion, direct the clerk to register his name in the proper place, with the proper date; and if such applicant or such qualified elector shall in said matter willfully make any Penalty. false statement, he shall be deemed guilty of perjury, and, on conviction, be subject tothe pains and penalties thereof. Vote may be SEC. 15. Any person offering to vote at any such election, challenged. in a city, township, or village, whose name is not written in the proper register, may be objected to, and his vote challenged bfor that cause by any elector present and entitled to vote at that poll; and on such challenge being made, the inspectors shall, if on inspection they find his name not so written in the proper register, refuise the vote. But nothing in this act contained shall be held or construed in any way to affect or impair the right of any inspector or elector to challenge any person offer ing to vote, nor the effect of such challenge, as now established by law, or as such right and such effect may hereafter be estabProviso. lished: Provided, however, That the vote of no person shall be received whose name is not so registered. Penalty for SEc. 16. Any person knowing that his name is not so illegal voting. registered, who shall vote or offer to vote at any such election, either in a 6ity or township, and every inspector, knowing such name not to be so registered, willfully and corruptly consent ing to receive such vote, shall, if the vote be received by rea son of such consent, be, for every such offense, punished as above provided in section thirteen of this act; and on the trial of the person so voting or offering to vote, the presumption shall be that he knew his name was not so registered. 38 Township Laws of MichMgan. [DIV. I. DIV. i.] Of Election8. 39 SEC. 17. The name of no person shall be registered in any Actual resitownship or ward where he does not actually reside at the time dteonn of regindira of the registration; and every person who shall willfully regis- tion. ter, or cause or procure by enticements or other means, the name of any person to be registered contrary of the provisions of this act, shall, upon conviction of any such offense, be also Penalty. punished as above provided in section thirteen of this act. DEATH AND REMOVAL OF ELECTORS. SEC. 18. At every session of the board of registration of Boardtorev; any township or ward after the year one thousand eight hun- and correct dred and fifty-nine, it shall be their duty to review the list of names in their register, and if it shall have come to their know ledge that any person whose name has been registered has died or has removed therefrom and ceased to reside therein, they shall place the letter "D" against the name of the deceased person, and the letter " R" against the name of the person who has so removed, with the date of the entry and the initials of the name of the member making it, so as to show by whom and when made, and thereafter such name shall be considered and treated as no longer in the list, and shall be omitted in the copies above provided for. But if it shall happen that such Provisionsfa entry was erroneously made and such person shall thereafter 4ubsequent , egistration. appear at any election and claim the right to vote thereat, his name may, on his application, be again registered, but upon the following terms: he shall upon his oath or affirmation, which Conditions. any member of the board of inspectors or the board of registration may administer, declare that he has not removed from, but is still a resident of the township or ward, and is other wise a qualified elector and entitled to vote. And on making such oath or affirmation, his name may be registered in the manner above described, either by the board of registration or by the board of inspectors. And if such applicant shall swea nalty. or affirm falsely, he shall be liable to the pains and penalties of perjury. But in case such entry shall be made falsely, maliciously, and without credible information, the member of the Penalty for board making it shall be deemed guilty of a misdemeanor, and false try. be punished as such, and the party aggrieved shall be entitled to recover of him, in an action on the case, treble damages for the injury and treble costs of suit in any court having jurisdiction of the cause, and the record of the defendant's conviction of the criminal's offense duly authenticated, shall be prima facie evidence ot' his liability. SEC. 19. It shall be the duty of any city or township clerk, oofregi except during the session of the board or on days of election, furnishedl b on the demand of any qualified elector of the ward in such city, or of such township, on payment or tender of his legal fees, to make out, certify, and at his office deliver to such elector a true copy of the contents of the register of election of such ward or township, for which he shall be entitled to receive at the rate of fifty cents for every one hundred names. Of Elections. 39 DIV. I.] Township Law8 of Michigan. Destroyer, &C., SEc. 20. Whoever shall willfully cut, burn, mutilate, or deof register, guilty oflar stroy any such register of electors, or copy thereof filed for ceny. preservation, or shall unlawfully take and carry away the same, or unlawfully conceal or refuse or neglect to surrender the same, with intent to prevent its being used as authorized by law, shall be deemed guilty of larceny; and whoever shall falFalsifier, &C., of sify any such register or copy, by unlawfully erasing or obliterregister, guilty of forgery. ating any name or entry lawfully made therein, or by unlaw fully inserting therein any name, note or, memorandum, with intent thereby to influence or affect the result of any election or to defraud any person of an election to office, shall be deemed guilty of forgery; and the person so offending shall, for every Penalty. such offense, be punished by imprisonment in the State Prison not more than five years, or by fine not exceeding five hundred dollars, and imprisonment in the county jail not more than one year, nor less than ninety days. Township clerk SEc. 21. To the end that the contents of such registers to file copies of may not be lost, it shall be the duty of every township clerk, register with county clerk within twenty days after each general election, to make, certify and townshipantrnmt tecut tresurer.hi and transmit to the county clerk of the proper county, and also to the township treasurer, a true copy of such contents, to be by such county clerk and township treasurer filed and preser ved in his office; for which, when received, he shall give such Fees. township clerk a receipt; and such township clerk shall be entitled to-receive therefor, from the township, at the rate of fifty cents for every hundred names; and such copy, or a copy Certified copy thereof, certified by the county clerk or township treasurer, tobe evidence. shall be prima facie evidence of the contents of the original, and in case of the loss or destruction of the original, shall be used in its stead. VILLAGE ELECTIONS. Village elec- SEC. 22. It shall be the duty of the president and trustees Duty of resi- of every incorporated village, or the persons who are by law dent and trus- authorized to make by-laws, and charged with the general tees. power to regulate and control the municipal affairs of the vil lage, to procure from the clerk of the township or of the town ships, respectively, within which said village may wholly or in part lie, and it is hereby made his duty to furnish to them, at the expense of the village, from the register of electors of the township or townships within which such village is situated, a true copy of the village election register, to be certified by such townslip clerk, and to be delivered to the inspectors of election in such village, and used for the purpose of the village election, in the same manner and to the same effect as is above provided for the general election and township meetings in townships, Powers and as near as may be; and there are hereby given to the inspect rights of In- tors of an such village election, the same power and authority, spectors of vil- y lage elections. and to applicants for registration the same rights and privileges, which are given to township inspectors and to applicants at 40 DIV. I.] Of E~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ec~~~~~~~~~~ons. 41~~~~~~~~~~~~~~~~~~~ township elections, respectively, at such elections and such in spectors - and) applicants and other persons mentioned invthe foregoing provsions-regulating elections in townships, are char ged with the same duties, and subjected to the same penalties and liabilities,.as are provided in like cases at such: elections in townships; and the vote ofrno person shall be'received whose name is- not written in- such register, or in the copy thereof Used by the insetors of the;election., Such copy of the llage Whe eo ies election register shallobe furnished at least ten days before the aretobefurfirst village election in the year one thousand eght hundred nshed. and sixty,: and* as often as once in two years threafter, and oftener. if the proper municipal authority shall require it; and the township clerk shall be entitled to receive' therefor at the rate of fifty cents for evei y one hundred names.. -SEc. 23.. If any person,< falsely- personating any qualified Voting under elector whose. name is iregistered, hal, at ai y electin, vote nnamseaumed in~ ~~~~~~~~~~~~~ae or offer to,vote mthe nlame of suc elector, or f any person ~ ~y person shall knowingly enourage or persuade any such person to yote or offer.to voe, or' if any -person, assuming a false or fictitious iname, shall, vote or offer to vote by that name, or shall enter' or cause'to be entered upon the register as his own a false name, the;person so offending shall for every Penalty. such offense, be punishedas abveprovided setio tweve of this act. -.a e SEC. 24. The recorder's court- in the.city of Detroit shall What Court to have cognizance and jurisdiction of all offenses under this act,have juridiccommitted within the limits of said city and the offender may,&. in all cases be there proceeded against by information, as provided by the charter of said city or any other statute applicable thereto. In all other cases -the circuit or district court for the proper county shall have cognizance of such offenses committed within the county,; and in cases where the punishment is by such fine or, such imprisonment, one or both, as the justice's court may impose, the proer Justice's court shall have .~~~~~~r. s ics court:...a,,h..m.ave cognizance and jurisdiction thereof. SEc. 25. Any willful violation of duty by any person Violation of charged with the execution of this act, or any provision there-duty a rmisde of, not herein particularly provided for, shall be dee med a misdemeanor, and the person guiIty thereof shall- be punished accordingly. And it is hereby made the duty of every circuit Duties of irand district court, in its charge. to the grand jury, to call their courts and iroespecial attention to the necessity of making diligent and care- cuting attorful inquirytouching; offenses arising under this act; and also, ney. the duty of every prosec ng attorney, whenever he shall receive credible information that any. such offense has been committed, to cause thi same to be prosecuted'. SEc. 26.. It shall be thb duty of every city clerk and town- Oity and town. ship clerk, annually, in the month of November to forward by — ehp erks to mail to the Secretary of State of this State, at the seat of govrt tary of tate. ee~ ~ ~ ~~~-,rt at the seat of. gyov,. tary,of state. ernment, the aggregate number of names not marked with the D w 42 Town8hip Law8 of iciga. [DIV.'. letter D. or R., appearing in the register for such city or townDuty of Secre- ship, omitting the names; and the Secretary of State is hereby tary of State. taryofState. required to keep a record thereof in such manner as to show the number of votes in such city and township, arranged in alIbid. phabetical order, in a book to be kept for that purpose. And he shall, within twenty days from the approval of this act by the Governor, cause a printed copy of the same to be forward ed by mail to every such city and township clerk in the State. Compensation. SEC. 27. Each member of a city board of registration, while acting under this act, shall be entitled to receive two dol lars a day for every day he shall actually serve in performing his duties, to be paid by the city; and each member of a town ship board shall receive the same compensation as now provided for inspectors of elections. Oath. SEc. 28. Each member of a board of registration shall, be fore he enters upon the discharge of his duties under this act, make and subscribe the oath of office contained in the first sec tion of article eight of the Constitution. Registers, in SEc. 29. Every register shall be of good paper, well wahlagtdform ar. bound, and arranged alphabetically in the following form as near as practicable: DATE.,, | NAME. RESIDENCE. REAIARKS. SEc. 30. This act shall take effect immediately. Approved Feb. f14th, 1859. Township Laws of Michigan. [DIV. Is 42 DIV. ii.] Qf Coune8. 43 DIVISION II.-OF COUNTIES. Chapter Thirteen of Revised Statutes of 1846. [300.] SECTION 1. The boundaries of the several counties Boundaries of in this State shall remain as now established, unless the same Counties. shall hereafter be changed by the Legislature. [301.] SEC. 2. All the rights, powers, duties, privileges Rights, Powers, and immunities of the several counties shall remain as now etc. of Counties. established, until the same shall be altered by law. [302.] SEC. 3. Each organized county shall be a body pol- For what puritic and corporate, for the following purposes, that is to say: to roses Counties puposdes, 0 orsue and be sued; to purchase and hold real and personal estate porate. for the use of the county; to borrow money for the purpose of erecting and repairing county buildings, and for the building of bridges; to make all necessary contracts, and to do all other necessary acts in relation to the property and concerns of the county. [303.] SEC. 4. All real and personal estate, heretofore con- Conveyances for the benefit veyed by any form of conveyance to the inhabitants of any of Countieset county, or to the County Treasurer, or the Governor of the late their force and Territory of Michigan, or to any committee, trustees, or other effect. persons, for the use and benefit of such county, shall be deemed to be the property of such county; and all such conveyances shall have the same force and effect as if they had been made to the inhabitants of such counties by their respective corporate names. [304.] SEC. 5. The Board of Supervisors of each county, or How Real Esother public officers having the charge and management of the tataey of County mnay be concounty lands, may, by their order of record, appoint one-or veyed. more agents to sell any real estate of their county not donated for any special purpose, and all deeds made on behalf of such county, by such agents, under their proper hands and seals, and duly acknowledged by them, shall be sufficient to convey all the right, title, interest and estate which the county may then have in and to the land so conveyed. * * * *.*,* * * * * * COUNTY BUILDINGS. [315.] SEC. 16. Each organized county shall, at its own Each County to povide suitable proper expense, provide a suitable court house, and a suitable uildings.utale and sufficient jail, and fire.-proof offices, and all other necessary public buildings, and keep the same in good repair. [316.] SEC. 17. The prison limits of each county shall ex- Prison limits. tend to all places within the boundaries of the county. [317.] SEC. 18. In case of the escape of any- prisoner, by When County shall reimburoa reason of the insufficiency of the jail, whereby the Sheriff, or Shall reimfu t eother officer performing the duties of Sheriff, shall be made ,DIV. II.] Qf Counties. 43 Comp. L. 1867. Chap. IX, p. 177. 44 Townsh Laws ojf Mkiga. [DIV. II. liable to any party at whose suit such prisoner was committed, the county shall reimburse and pay all sums of money recovered of the Sheriff, or such other officer, by such party, by reason of such escape. * * * * * * * * * * DIVISION OF COUNTIES, ETC. Lands of Coun [319.] SEC. 20. When a county seized of lands shall be dities on division. vided into two or more counties, or shall be altered in its limits, by annexing a part of its territory to any other county or coun ties, each county shall become seized to its own use, of such part of said lands as shall be included within its limits, as set tled by such division or alteration. Property, how [320.] SEC. 21. When a county possessed of, or entitled to adivpisiotino.ned on money, rights, credits, things in action, or personal property, shall be so divided or altered, or when any unorganized county or district annexed to any county for judicial purposes, shall be organized into a separate county, such money, rights, credits, things in action, or personal property, shall be adjusted and ap portioned, and a settlement thereof made between the counties interested therein by the Supervisors thereof, as to them or a majority of them shall appear to be just and equitable. Supervisors to [321.] SEC. 22. The Supervisors aforesaid shall meet for meet for settle- the purpose of such settlement, at such time as shall be prement. ] scribed by the law making such division or alteration; or, if no time is prescribed by such law, at such time as the Board of Supervisors of either of the counties interested shall appoint, at the office of the Treasurer of the county retaining the original name of the county so divided or altered. Debts to be ap- [322.] SEC. 23. Debts owing by a county so divided or alportioned. tered, shall be apportioned in the manner prescribed in section twenty-one of this chapter, and each county shall thereafter be charged therewith, according to such equitable apportionment. Commissioners [323.] SEc. 24. Incaseofthedivision or alteration of a to be appointed county as aforesaid, if the Supervisors can not agree upon a set if Supervisors can not agree. tlement, as provided in this chapter, the Supervisors of either of the counties interested may apply to the Circuit Court for any adjoining county, for the appointment of five judicious men residing within a county not interested, to be Commissioners for the purpose of settling and determining the matters afore said between such counties; and upon such application, such Circuit Court shall appoint such Commissioners for the purpose aforesaid. Commissioners [324,] SEC. 25. Such Commissioners shall meet at such to meet and time as they may appoint, and after being duly sworn faithfully make determ ination. and impartially to perform their duties as such Commissioners, shall proceed to examineinto the merits of the matters afore said, and shall make such determination in relation thereto as to them, or a majority of them, shall appear to be just and equi table; which determination shall be entered at length by the clerks of the respective counties so interested as aforesaid, upon Township Laws of Michigan. [DIV. II.. 44 i)Iv. ii.] Of Oouie8. 45 the journals of the Board of Supervisors thereof, and shall be final and conclusive between such parties. OF LEGAL PROCEEDINGS IN FAVOR OF AND AGAINST COUNTIES. [325.] SEC. 26. Whenever any controversy or cause of ac- Suits between tion shall exist, between any of the counties of this State, or be- Counties, etc. tween any county and an individual or individuals, such pro ceedings shall be had either in law or equity, for the purpose of trying and finally settling such controversy, and the same shall be conducted in like manner, and the judgment or decree therein shall have the like effect, as in other suits or proceed ings between individuals and corporations. [326.] SEc. 27. In all such suits and proceedings, the name How Counties in which the county shall sue or be sued, shall be, "The Board to suede and be of Supervisors of the county of; [the name of the county] except in cases where other county officers shall be authorized by law to sue in their name of office, for the benefit of the county.a [327.] SEc. 28. In all legal proceedingsb against the Board Process in pro. of Supervisors, the process shall be served on the chairman or eoedntgagaint clerk of the board; and whenever any suit or proceeding shall whom to be be commenced, it shall be the duty of such chairman or clerk scrved;a Dutyof to notify the Prosecuting Attorney thereof, and to lay befpre the Board of Supervisors, at their next meeting, all the information he may have in regard to such suit or proceeding. [328.] SEC. 29. On the trial of every action in which a Whocompetent county shall be interested, the electors and inhabitants of such Witnesses and Jurors. county shall be competent witnesses and jurors. [329.] SEC. 30. Any action in favor of a county, which, if What actons prosecuted by an individual, could be prosecuted before a Jus- ted beforoe atice of the Peace, may be prosecuted by such county in like Justice. manner, before any such Justice. [330.] SEc. 31. In all suits and proceedings prosecuted by costs. or against counties, or by or against county officers in their name of office, costs shall be recoverable as in like cases against individuals. [331.] SEC. 32. When judgment shall be recovered against Proceedings to the Board of Supervisors8 or against any county officer in colect judg.. ment against an action prosecuted by or against him in his name of office, no Board of Superexecution shall be awarded or issued upon such judgment, but visors etc. the same, unless reversed, shall be levied and collected as other county charges, and when so collected, shall by paid by the County Treasurer to the person to whom the same shall have been adjudged, upon the delivery of a proper voucher therefor. * * * * * * * a See section 1, article 10 of the Constitution, which provides that "All suits and -proceedings by or against the county, shall be in the name thereof." b See last note. I See note (a). ,DIV. II.] Of Counties. 45 46 TOwn8h Laws of Michigan. ['DIV. III DIVISION III.-OF COUNTY OFFICERS. CoMP. L. 1857. Chap. X. p. 184. BOARDS OF SUPERVISORS. An Act to define the Powers and Duties of Boards of Supervisors of the several Coun ties, and to confer upon them certain Local, Administrative and Legislative Powers. [Approved and took effect April 8, 1851. Laws of 1851, p. 231.] AnnualandSpe- [335.] SECTION 1. The People of the State of Michigan cial Meetings. enact, That the Supervisors of the several townships and cities in each of the counties in this State, shall meet annually in their respective counties, for the transaction of business as a Board of Supervisors; they may also hold special meetings when ne cessary, at such times and places as they may find convenient, and shall have power to adjourn from time to time, as they may deem necessary. The annual meetings of the Board of Supervisors shall be held on the second Monday of October in each year, at the court house in their respective counties, if there be one; and if there be none, then at some place at the conty seat, if there be one; and if no county seat be estab lis ed, then at such place in the county as the clerk of such county may appoint, of which such clerk shall give three weeks' public notice by publishing the same in some news paper printed in said county, if any, and if none, then in the paper nearest thereto. City supervi- [336.] SEc. 2. The Alderman of each ward of the City of sors. DI)etroit, having the shortest time to serve, shall act as Super visor on the Board of Supervisors; the City of Monroe shall be entitled to one Supervisor for each ward, who shall be the assessor thereof respectively, and the City of Grand Rapids shall be entitled to two Supervisors. Quorum of [337.] SEC. 3. A majority of the Supervisors of any county Board. o ard. shall constitute a quorum for the transaction of the ordinary business of the county; and all questions which shall arise at their meetings shall by determined by the votes of a majority of the Supervisors present, except upon the final passage or adoption of any measure or resolution, in which case a majority of all the members elect shall be necessary. They shall sit with Proceedings at open doors, and all persons may attend their meetings. They Meetings. shall at-their first meeting in each year chose one of their num ber as chairman, who shall preside at all meetings of the board during the year, if present; but in case of his absence from any meeting, the members present shall choose one of their number as a temporary chairman. Every chairman shall have power to administer an oath to any person concerning any matter sub mitted to the board, or connected with the discharge of their duties; to issue subpcenas for witnesses, and to compel their attendance in the same manner as courts of law. 46 ToWn8hip Laws of Mic7tigan. [DIV. III.. DIV. iii.] 0/ Counts Ocers. 47 [338.] SEC. 4. The County Clerk of each county, or in his clerk; his corn absence, his deputy, shall be the Clerk of the Board of Super- Puentsation and ~ ~~~~~~~~~~~~~~~~~~~~~~~duties. visors of such county, and shall be allowed for his services as such clerk a reasonable compensation, to be fixed by the board, and to be paid by the county. It shall be the duty of such clerk: 1. To record all the proceedings of such board in a book provided for that purpose; 2. To make regular entries of all their resolutions and decisions upon all questions; 3. To record the vote of each Supervisor on any question submitted to the board, if required by any member present; 4. To preserve and file all accounts acted upon by the board; 5. To certify, under the seal of the Circuit Court of his county, without charge, copies of any and all resolutions or decisions on any of the proceedings of such board, when required by such board, or any member thereof, or when required by any other person, upon payment of six cents per folio therefor; and such certificate shall be prima facie evidence of the matters therein set forth; .6. To perform such other and further duties as such board may, by resolution, require. [339.] SEC. 5. The books, records and accounts of the Records to be Board of Supervisors shall be deposited with their clerk, and kept by Clerk. shall be open without any charge to the examination of all persons. It shall be the duty of the clerk to designate upon every account upon which any sum shall be audited and allowed by the board, the amount so audited and allowed, and the charges for which the same was allowed. [340.] SEC. 6. It shall be the duty of every such Board of Board'to examSupervisors, as often as once in each year, to examine the ine Treasurer's accounts of the Treasurer of their county, and to ascertain and Account. enter upon their records a full statement of such account. [341.] SEC. 7. It shall by the duty of such board, as often Repairs of Pubas shall be necessary, to cause the court house, jail, and public lie Building-s. offices of their county to be duly repaired at the expense of such county; but the sums expended in such repairs shall not exceed five hundred dollars in any one year, unless authorized by a vote of the electors of such county, as hereinafter provided. [342.] SEC. 8. They shall also cause to be prepared within Cells for Con. the jails of their respective counties, at the expense of such icts counties, so many cells for the reception of convicts as they may deem necessary. [343.] SEC. 9. They shall cause to be made out and publish- Annual Report. ed yearly, immediately after their annual meeting, in at least one newspaper, if there be one published in the county, if not, in some paper published nearest thereto, a report of the receipts and expenditures, which shall contain a statement of the names DIV. III.] Of County Offlcers. 47 48 Town8k Iiaw8 of Michtgan. [DIV III. of each claimant, the amount claimed, and the amount allowed, of the year next preceding, the accounts allowed, and a full statement of the amounts of the Treasurer's account on the last settlement, as on his balance sheet or account current in making the settlement. Special Meet- [344.] SEC. 10. A special meeting of the Board of Superings. visors of any county shall be held only when requested by at least one-third of the Supervisors of such county; which request shall by in writing, addressed to the County Clerk, and speci fying the time and place of such meeting;l and upon the reception of such request, the clerk shall immediately give notice in writing to each of the Supervisors, by causing the same of the delivered to such Supervisors personally, or by leaving the same at the place of residence of such Supervisor, at least six days before the time of such meeting.2 Powers of [345.] SEc. 11. The said several Boards of Supervisors shall Boards of Su- have power, and they are hereby authorized, at any meeting pervisors. thereof, lawfully held:' To purchase 1. To purchase for the use of the county, any real estate real es tate for necessary for the erection of buildings for the support of the poor-house. poor of such county, and for a farm to be used in connection therewith; For county 2. To purchase any real estate necessary for the site of any buildings. court-house, jail, clerk's office, or any other county buildings, in such county; For sites. 3. To fix upon and determine the site of any such build ings, if not previously located; Bell or lease real 4. To authorize the sale or leasing of any real estate belongestate. ing to such county, and to prescribe the mode in which any conveyance thereof be executed; Change of site. 5. To remove or designate a new site for any county build ings, required to be at the county seats, when such removal shall not exceed the limits of the village or city at which the county seat is situated, as previously located; 1 Form of Request for $pecial Meeting of the Board of Supervisors of any County. To James B. Porter, Esq., County Clerk of the county of Allegan: The undersigned Supervisors, being one - third of the Board of Supervisors of said county, do request that a Special Meeting of the Board of Supervisors of said county be held, to convene on the - day of - 18-, at (State the hour and place of such meeting.) Dated this - day or, 18-. 2 Form of Notice to each Supervisor, of Special Meeting of the Board. To E. B. Bassett, Esq., one of the Supervisors of the county of Alleyan: You are notified, that in accordance with a request in writing addressed to the undersigned County Clerk of said county by one-third of the Supervisors thereof, a Special Meeting of the Board of Supervisors of said county will be held, to convene on the - day of -, 18 —, at [State the place of such meeting.] Dated at, this - day of-, 18. JAMEs B. PORTER, County Clerk. 3 This Section is as amended by Act No. 244 of 1859. - Session Laws, p. 880. 48 Township Laws of Michigan. [DIV III. DIV. iii.] Of Goun Ocer8. 49 6. To cause to be erected the necessary buildings for poor- Buildings. houses, jails, clerk's offices, and other county buildings, and to prescribe the time and manner of erecting the same; 7. To borrow or raise by tax upon such county any sums Raise moneys. of money necessary for any of the purposes mentioned in this act: Provided, That no greater sum than one thousand dollars Proviso. shall be borrowed or raised by tax, in any one year, for the purpose of constructing or repairing public buildings, highways or bridges, unless authorized by a majority of the electors of such county voting therefor, as hereinafter provided; 8. To provide for the payment of any loan made by them, Payment loans. by tax upon such county, which shall in all cases be within fifteen years firom the date of such loan; 9. To prescribe and fix the compensation for all services compensation rendered for, and adjust all claims against, their respeetive and claims. counties; and the sums so fixed and defined shall be subject to no appeal; 1 10. To direct and provide for the raising of any money County expenwhich may be necessary to defray the current expenses and ses. charges of said county, and the necessary charges incident to or arising from the execution of their lawful authority, subject to the limitations prescribed in this act; 11. To abolish or to revive the distinctions between town- Poor. ship and county poor; 12. ShalI have power to authorize the making out a new Collectors "and tax roll, to extend and determine, by resolution, the time when treasurers. each collector or township treasurer in their county, shall make his return to the county treasurer; but such time shall in no case exceed two months from the time fixed by the general law; and in all cases interest shall be charged on all taxes so extended from the time of such extension; 13. To make such laws and regulations as they may deem Destruction of necessary, and provide for enforcing the same, for the destruc- wild beasts, &c. tion of wild beasts, of thistles and other noxious weeds; within the several counties; 14. To require any county officer, whose salary or compen- Officers to resation is paid by the county, to make a report under oath to port. 1 A county is not liable to an attorney for defending a prisoner at the request of the court, when the prisoner is poor and unable to employ counseL - Baconv. Wayne -Co. 1 Mich. 461. The power granted to Supervisors of a county to examine, settle, and allow all accounts chargeable against a county involves the right to reject, if sufficient reason in the opinion of the Supervisors is not presented for the allowance. - People v. Supervisors Dutchess Co. 9 Wend. 508. A Board of Supervisors, by auditing and paying part of a claim presented, is not thereby precluded from contesting the residue even upon a principle which would show the former allowance to have been improper. A mandamus will not lie to a Board of Supervisors to control them in the exercise of their discretion as to the amount at which an account presented shall be audited.-People v. Supervisors, 1 Hill, 862. - A Board of Supervisors can not allow a claim on any notions of their own as to its equity.- Chemung Canal Bank v. Sapervisors, 5 Denio, 517. The necessary lights and fuel for keeping of the several county offices in a suitable condition for the transaction of business, are a proper county charge. So held in Wisconsin. - Jefferson Co. v. Besley, 5 Wis. DIV. 111.] Of County Officers. 49 Township Laws of Michigan. them, on any subject or matters connected with the duties of their offices, and to require any such officer to give such bonds, or further or additional bonds, as shall be reasonable or neces sary for the faithful performance of their respective duties; and any such officer who shall neglect or refuse to make such report, or to give such bond, within a reasonable time after being so required, may be removed from office by such board by a vote of two- thirds of the members elect, and the office de clared vacant; and such board may fill such vacancy for the unexpired portion of the'time for which such officer was elected Proviso. or appointed: Provided, That if the spring or fall election shall occur before the expiration of the said unexpired term, if the office be an elective one, the vacancy shall be filled at such election, and it shall be the duty of said board to give reason able notice of such election to fill the vacancy; Roads and brid- 15. To authorize any township or townships in their reges, spective counties, by a vote of the electors of said township or townships, to borrow or raise by tax upon such township, any sum of money not exceeding one thousand dollars, in any town ship in any one year, to build or repair any roads or bridges in such township or townships, or in the use of which such town ship or townships may be interested; and to prescribe the time for the payment of any such loan, which shall be within ten years, and for assessing the principal and interest thereof upon such township or townships; and if any road or bridge is situ ated partly in one township and partly in another, or on the line between townships, or in case any township have any par ticular local interest in the construction or repair of any bridge, such Board of Supervisors may determine, under such regula tions as they may establish, the relative proportion which each township shall contribute in the building and repairing thereof, and the amount so apportioned to the several townships, shall be assessed and collected in the same manner as other township taxes are now assessed and collected by law; county proper- 16. To represent their respective counties and to have the ty. care and management of the property and business of the coun ty in all cases where no other provision shall be made; Rules and regu. 17. To establish such rules and regulations in reference to lations. the management of the interest and business concerns of such county, and in reference to the mode of proceedings before such board, as they shall deem necessary and proper in all mat ters not especially provided for in this act or in some other law of this State.x 1 Boards of Supervisors can not bind their counties by an act not within the limits of the express powers conferred upon them by statute.- Chemung Canal Bank V. Supervisors of Chemung, 5 Denio, 517. Where a clear legal duty rests upon the Board of Supervisors, being'a matter in which they have no discretion, mandamus will lie, and is the proper remedy to -compel them to perform that duty.- Boyce v. Supervisors of Cayuga 20' Barb. 294. Where the Supervisors of a county, have neglected to perform any duty required of them, at their annual meeting they may be compelled by mandamus to meet again and perform it. They can not by their neglect nulify a statute imposing duties upon them.- People v. Supervisors of Chenango, 4 Seld. 317. This was a case where the 50 [DIV. III. DIV. iii.] Of County Ocer8. 51 [346.] SEc. 12. None of the powers mentioned in the third, When twofifth, sixth, eleventh, twelfth, thirteenth, fifteenth and sixteenth thirds vote resubdivisions of the last preceding section, shall be exercised quired. without a vote of two-thirds of all the members elected to such board. [347.] SEc. 13. The said respective Boards of Supervisors Division of in each county entitled to more than one Representative in the County into Re Y,presentative State Legislature, shall have power, and it shall be their duty, Districts. at their annual meeting in the year eighteen hundred and fiftyone, and at their annual meeting next after each subsequent apportionment of such Representatives by the Legislature, to divide their respective counties into representative districts, equal in number to the number of Representatives to which such county is entitled by law, in accordance with section three of article four of the Constitution of this State; and they shall cause to be filed in the office of the Secretary of State, and in the office of the clerk of such county, within thirty days after such division, a description of such representative districts, specifying the number of each district and the population thereof, according to the last preceding enumeration. [348.] SEc. 14. The Boards of Supervisors of the several Board may dicounties of this State shall have power, within their respective vide or arilterof counties of ~~~~~~~~~~~~~~~Boundaries of counties, and all territory attached thereto, by a majority of all Townships. the members elected, to divide or alter in its bounds any township, or erect a new township, upon application to the board as hereinafterprovided, of at least twelve freeholders of each of the townships to be affected by the division, and upon being furnished with a map of all the townships to be affected by the division showing the proposed alterations; 1 and if the application shall be granted, a copy of said map, with a certified statement of the action of said board thereunto annexed, shall be filed in the office of the clerk of such county, and a certified statement of the action of said board shall also be filed in the office of the Secretary of State; and it shall be the duty of the Publication of Secretary of State to cause the same to be published with the prhoceedingsith thereon with laws of the next Legislature, after the filing thereof, in the same Laws. manner as other laws are published: Provided, however, That Proviso. Board of Supervisors of Chenango County, in the State of New York, at their annual meeting in 1851, neglected to issue warrants for the military commutation, which it was their duty to do, by law at that mneeting. The supreme court issued a mandamus requiring them to meet and issue the warrants. Held, That the mandamus was properly issued. 1Form of Appication of Freeholders for Erection of a new Township. To the Board of Supernsors of the county of Tuscola: The undersigned freeholders of said county, and of the territory hereby asked to be erected into a township, respectfully request the Board to erect and provide for the organization of a new township, to be called Gilford, and to consist of the territory bounded as follows, viz.: [Here insert the boundaries i'c., and describe with reasonable certainty]. And your petitioners attach hereto a map and survey of the said territory. And your petitioners will pray, &c. Dated this- day of, 18-. Of County Offcers. 51 I DIV. III.] I 52 Tow8h1)) Law8 of Hichiam. [DIV. III. no part of the- territory of one township shall be detached therefrom, and added to another, unless application in writing for that purpose be made to such board by a majority of all the taxable inhabitants residing on the part of the territory to be so detached, whose names appear on the last preceding assessment roll of the Supervisor of the township from which said territory is to be detached as aforesaid." Notice of appli- [349.] SEc. 15. Notice in writing of such intended application, how to cation, subscribed by not less than twelve freeholders of the be given. be given. township or townships to be affected, shall be posted in five of the most public places in each of the townships to be affected thereby, four weeks next previous to such'application to the Board of Supervisors;2 and a copy of such notice shall also be aAs amended by the Act of Feb. 17, 1857, following. For a prior amendment, repealed by that Act, see Laws of 1855, p. 108. Form of Application to Board of Supervisors to have part of a Town ship detached, and added to another. To the Board of Supervisors of the County of Cass: The undersigned, being a majority of all the taxable inhabitants residing in the Township of Wayne, in said County of Cass, and on the part of the territory of said Township, described as follows, (here describe the territory desired to be detached), and whose names appear on the last preceding assessment roll of the Supervisor of said Township, do respectfully ask that the territory hereinbefore described may be detached from said Township of Wayne, and added to the Township of Silver Creek, in the county aforesaid. Dated at Wayne, this - day of-,18-. 2- Form of Notice by twelve Freeholders, of Application to have part of Township detached, and added to another. The undersigned, twelve freeholders of the township of Kinderhook, in the county of Branch, do hereby give notice that application will be made to the Board of Supervisors of said county, at the next meeting thereof, to convene at Branch on the - day of, 18-, asking that the following described territory, to wit: (describe the territory desired to be detached) be detached from said township of Kinderhook, and added to the Township of Ovid, in the county aforesaid. Dated at Kinderhook, this - day of-, 18-. Note.- The foregoing notice should be posted in both the townships from which the territory in question is desired to be detached, and the township to which such territory is to be added. Form of Notice to be given of Intended Application for Brection of a Arew Township. NEW TOWNSHIP. To all whom it may concern: Notice is hereby given that an application will be presented to the Board Supervisors of the county of Oceana, at their meeting to be held at on the - day of-, 18-, praying them to erect and provide for the organization of a new township to be called the township of Greenwood, to consist of the territory described as follows, viz.: (Here describe particularly the territory to be included by bounds or otherwise) a map or survey of which territory will be attached to the application. Dated at Greenwood, the - day of-, 18-. Note. - This notice, as will be seen, must be signed by not less than twelve freeholders residing in the contemplated new township, and be posted up in five of the most public places therein, four weeks next previous to the presentation of the application to the Board. This should be carefully attended to in every case, and an affidavit of such posting should be endorsed on a true copy of the notice as signed by the twelve freeholders, which affidavit should be in the following form: Townsship Laws of Michigan. 52 [DIV. III. DI.ii]O'o-~Ocr.5 published once in each week four successive weeks immediately preceding the meeting of the Board of Supervisors at which preceding the meeting of the Board of Supervisors at which Forma of Affidavit of Posting, to be endorsed on Foregoing Notice. County of Oceana, ss. Amos Wright being duly sworn, deposes and says: That he posted up true copies of the within and foregoing notice in five of the most public places within the territory therein described; that he posted up one of said copies at , on the day of, one at,on the- day of, one at ,on the day of -, one at,on the -day of, one at , on the - day of-, A. D. 18-. And further he saith not. AMos WRIGHT. Sworn and subscribed, before me, this - day of, A. D. 18-. H. H. FULLER, Justice of the Peace. Note.- This copy thus sworn to, should be filed with the County Clerk, to be by him laid before the Board; and a copy of the same notice as signed, should also be published in each week, in some newspaper published in said county (if there be one), for five successive weeks immediately preceding said meeting of the Board, and a copy of such printed notice. with an affidavit of the printer or his foreman, of such publication. should also be filed with said County Clerk, to be laid before said Board. If no paper is published in the county, then the mere posting of the notices will be sufficient. If the Board grant the application, they should cause to be entered in their book of records the following: Form df the Order Establishing a New Township. In the matter of the application of A. B. (and others named) for the erection and organization of a new township: It appearing to the Board of Supervisors that application has been made, and that notice thereof has been signed, posted up, and published, as in the manner required by law; and having duly considered the matter of said application, the Board order and enact that thfie territory described in said application, bounded as follows, to wit: (here insert the exact boundaries or description) be, and the same is hereby, erected into a township, to be called and known by the name of the township of. The first annual township meeting thereof shall be held at, on, the - day of, at - o'clock in the noon; and at said meeting,, and three electors of said township, shall be the persons whose duty it shall be to preside at such meeting, appoint a clerk, open and keep the polls, and exercise the same powers as the inspectors of election at any township meeting, as the law provides. Note. -Two copies of this order of the Board should then be made by the clerk, and a copy of the map or survey be attached to each with the following certificate appended to each: Form of Authenticating Certificate to be attached to the Order of the Board, and the Map thereto attached. STATE OF MICHIGAN,( County of Oceana. - 8. I, Luther L. Alexander, Clerk of the County aforesaid, and of the Board of Supervisors thereof, do hereby certify that I have carefully compared the foregoing copy of an order of said Board with the record thereof in my office, as Clerk of said Board, and the copy thereto attached of the map or survey of the new township of Greenwood, in my office, and furnished to said Board on the application for the erection and organization of said township, and that said copies are true copies. And I further certify that the foregoing order of said Board was passed by them at their meeting held at, in said county, on the - day of, 18-, as appears by their record. [L 1 In testimony whereof, I have hereunto set my hand, affixed the L * s.J seal of the Circuit Court of said county, this - day of - 18-. LUTHER L. ALEXANDER, County Clerk. Note. - One of the copies thus authenticated should be filed in his officee as County Clerk, and the other transmitted by mail to the Secretary of State at Lansing, to be published with the laws. DIV. III.] Of County Officers. 53 54 Townsh Law8 of M1c1ga [DIV. III. such application is to be made, in some newspaper printed in the county, if any shall be published therein.b Proceedings on [350.] SEc. 16. Whenever the Board of Supervisors shall Organization of erect a new township in any county, they shall designate the N~ew Townbhips. name thereof, the time and place of holding the first annual township meeting therein, and three electors of such township, whose duty it shall be to preside at such meeting, appoint a clerk, open and keep the polls, and exercise the same powers as the inspectors of election at any township meeting. And in case any of the three electors above mentioned shall refuse or neglect to serve, the electors of saidstownship present at such meeting shall have power to substitute some other elector of such township for each one so neglecting or refusing to serve. Notice of the time and place of such meeting, signed by the chairman or clerk of the Board of Supervisors, shall be posted in four of the most public places in such new township, by the persons so designated to preside at such meeting, or by some person appointed by such Board of Supervisors for that pur pose, and in each of the townships whose boundaries may have been altered by the erection of such new township, at least fourteen days before holding the same.' They shall also fix the place for holding the first township meetings in the town or towns from which such new township shall be taken, which shall also be stated in the notice posted in such last named township; but nothing in this act shall affect the rights, or abridge or enlarge the term of office of any Justice of the Peace or other town officers in any such township; but such Justice of the Peace or other township officer, residing within the lim its of such new township, shall continue to be such Justice or other Officer in such new township, till the expiration of the time for which he was elected, in the same manner as if origi nally elected therein' and the terms of office of the Supervisor, Township Clerk, Commissioners of Highways, Township Treas urer, School Inspectors, Constables and Overseers of Highways, elected at such first township meeting, shall expire on the first Monday of April thereafter, or as soon thereafter as their suc cessors are elected and qualified. bAs amended by the Act of Feb. 17,1857, following. For a prior amendment, repealed by that Act, see Laws of 1855, p. 108. 1 Form of Notice of First Annual Townshi Meeting, to be held in a new Township erected by Board of Supervisors. ANNUAL TOWNSHIP MEETING. Notice is hereby given that, as designated by the Board of Supervisors of the County of Oceana, the First Annual Township Meeting in the new Township of Greenwood, lately erected by said Board in the county aforesaid, will be held on the - day of, A. D. 18-, at --, in said township, which meeting will convene at the time, and be conducted according to the statute regulating annual township meetings. Dated at, this - day of —, 18. LUTIHER L. ALEXANDEM, County Clerk of the County of Oceana. Note.- The foregoing form can be varied to suit the occasion of notice of annual township meetings in townships whose boundaries may have been altered by the erection of a new township. Township Laws of Michgan. [DIV. III. 54 DIV. iii.] 0/ County Ofiiccr8. 55~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ [351.] SEC. 17. Whenever a county seat is proposed to be RemovaI of removed, the Board of Supervisors for such county shall have county Seat. power by a vote of two -thirds of all the members elect, to designate a place to which such proposed removal is to be made, and after a majority of the electors of such county voting thereon shall have voted in favor of the proposed location, as hereinafter provided, to make and establish such county seat. [352.] SEc. 18. Whenever such board shall have desio-'Proposition , submitted to nated the place of such proposed removal, as provided in thehe People. next preceding section, they shall also provide for submitting such proposition at the next township meeting to tie vote of the electors of such county; and they shall thereupon cause no. tices thereof to be posted up in three of the most public places in each township of such county, for at least thirty days previous to the time fixed for such vote, and shall cause the same to be published in one newspaper printed in the county, if any, and if none in the county, then in the paper published nearest thereto, for at least three successive weeks previous to such vote, setting forth that such proposed location has been designated by two-thirds of such board, and stating the day when the proposition will be submitted to the electors of the county in their several townships.' [353.] SEc. 19. At the time specified in such notices, a Manner of votvote of the electors of such county shall be taken in each of the ing on proposi. ~~~~~~~~~~~~~~tion. townships in such county, at the place designated for the next township meeting. The inspectors receiving the votes shall be the same as required at the annual township meeting, and the votes shall be canvassed by the same officers, and in the same manner as required at such annual meeting; and the result of such vote shall be certified by them, and transmitted to the County Clerk within ten days after such vote shall be taken; which certified statements shall be delivered by such clerk to the Board of Supervisors at their next meeting. All voting in the several townships, as provided in this section, shall be by ballot, and those voting in favor of such proposed location, shall have written or printed on their ballots, "For the removal of the County Seat"; and those voting against such proposed location, shall have written or printed on their ballots, "Against removal of the County Seat." 1 Form of Notice of Submitting the Question of Removal of County Seat. In pursuance of the direction of the Board of Supervisors of the County of , notice is hereby given, that the county seat of said County of is proposed to be removed from its present location at -, and that by a vote of two-thirds of all the members of said Board elect, the proposed location of said county seat has been designated at (Set forth the place designated as the place of removal), as the point to which such proposed removal is to be made; and that the proposition of such removal and location will be submitted to the vote of the electors of said county, in their several townships, at their next township meetings, to be held on the - day of -, A. D. 18-. Dated at, this- day of, 18-, and given by order of the Board. A. B., County Clerk. DIV. III.] Of County Oficers. 55 56 Town8h Law8 of Mchan. [DIV. III. Modeofsubmit- [354.] SEC. 20. Whenever it shall become necessary, under Tinag Ltoa vote of the provisions of this act, to submit to a vote of the electors of the People. any county the question of raising any sum of money by loan or by tax, the said board, after having determined the sum neces sary to be raised, whether the same shall be made by loan or by tax, shall proceed to give the notice of such determination, and of the time when the question will be submitted to the electors of such county in the several townships;' which notice shall be for the same length of time, and posted in the same manner, as required by the eighteenth section of this act; and the votes shall be taken, canvassed, certified and returned in the same manner as required by the nineteenth section of this act, except that those voting for such tax or loan shall have written or printed on their ballots the words, "For the Tax," or "For the Loan," as the case may be; and those voting against the tax or loan, shall have written or printed on their ballots the words, "Against the Tax," or "Against the Loan," as the case may be. Powers ofBoard [355.] SEc. 21. Every such Board of Supervisors shall have with respect to power, within their respective counties, to permit or prohibit Streamsa. the construction of any dam or bridge over or across any navi gable stream. They shall also have power to provide for the removal of any obstruction arising from the erection of booms, or collecting of logs or rafts in such streams by any individual, and to direct the time in which, and places where, persons hav ing logs, rafts and boats in such streams shall be allowed to re main, and when the same shall be removed; and may impose such penalties as they deem necessary to enforce such regula tions, and authorize the Sheriffs, or their deputies, to carry into effect the regulations made under the provisions of this act.c' Poserswithre- [356.] SEC. 22. Whenever any person or persons, or any spect to Dams incorporation, shall wish to construct a dam across any such and idges. *stream as is mentioned in the preceding section, such person or persons, or corporation, shall present to the Board of Supervi sors, or file with their clerk, to be presented to them at their next meeting, a petition praying for leave to construct such I Form of Notice of submitting to the Electors of any County the Question of raising Money by Loan or Tax. In pursuance of the direction of the Board of Supervisors of the County of Sayinaw, notice is hereby given, that at a meeting of said Board, which convened on the - day of,18-, at Saoinaw, in said county, said Board did determine that the sum of dollars was necessary to be raised upon such county, and that the same should be raised by loan (or by tax, as the case may be), and that the question of raising said sum by loan (or by tax, as the case may be) will be submitted to the vote of the electors of said county, in their several townships, at their next township meetings, to be held on the - day of —, 18-, and given by order of the Board. HrAN B. FERis, County perk. #As amended by "An Act to amend Section Twenty - One of'An Act to Define the Powers and Duties of the Boards of Supervisors of the several Counties, and to confer upon them certain Local, Administrative and Legislative powers,' approved April 8, 151." Approved June 21,1851.-Laws of 1851, p. 271. Townsh' Laws of Michiqan. lip [DIV. III. 56 DIV. iii.] Of Uoun(y Offi.cer8. 57 dam, and setting forth the purpose, location, height, and descrip tion of such dam, and whether it is proposed to construct a lock, or shute, or apron, and of what description, for the passage of boats, vessels, rafts, or timber; and before the same shall be heard and determined by such board, it shall be made to appear to the board that notice of such application, signed by the pe titioners, and stating substantially the contents of such petition, has been posted up in three of the most public places in each township through which such stream runs, at least three weeks previous to the hearing of such application, and published in some newspaper printed in such county, if any published there in. And on such hearing, any person or persons shall be heard in favor of, and in opposition to the prayer of the petition; and such board may adjourn such hearing to any other time or place; and they may grant or refuse the prayer of such petition. And the determination shall be entered at length upon the re cord of said board. And if such board shall allow the said dam to be constructed, the petitioners shall be at liberty to con- struct the same by complying fully with the terms and condi tions set forth in their petition; and after having obtained such right, and constructed such dam, such petitioners, their heirs, successors, or assigns, may, if such dam be destroyed or decay ed, construct a new dam, subject to all the same terms and con ditions, on the same site, without again applying to such board: Provided, That nothing in this act contained shall be construed as giving to such Board of Supervisors any power to grant the right to any person or persons, or corporation, to flow, or in any manner to take or injure the lands of any person or persons, by, or in consequence of, constructing such dam. [357.] SEc. 23. Whenever any person or persons, town- Powers withre ship officers, or corporation, shall wish to construct any bridge opect to Dams I' - ~~~~~~~~~~and Bridge&. across any stream at a point where the same is navigable for boats or vessels of fifteen tons burden or more, they shall apply to the Board of Supervisors, by petition, and shall give notice of the same, in like manner, as near as may be, as provided in section twenty-'two of this act; and the powers, and the mode of proceeding of such board, shall be the same, as near as may be, as provided in the last named section. Every such petition shall set forth the kind and description of the bridge proposed to be constructed, and whether the same is to be constructed with a draw, or whether any and what provision is to be made for the passage of vessels or boats; and such board shall have the power to grant or refuse the prayer of such petition, upon such terms as they may deem just and reasonable, and to prescribe what description of bridge may be constructed, or to prohibit the construction of any bridge on the proposed location, as in their judgment the public interest shall require. [358.] SEc. 24. Every such Board of Supervisors shall Ibid. have power to make general rules and regulations as to the kind of bridges, and the mode of constructing the same over any E DIV. 111.] Of County Offlcers. 57 58 Town8h Law8 of Hchzgan. [DIV. III. such stream, as mentioned in section twenty-one of this act, when such stream shall not be navigable for boats or vessels of fifteen tons burden, or to grant permission for building the same, without the notice or hearing above provided, in such manner as shall be judged proper with reference to the passage of boats, rafts, and timber. Powers withre- [359.] SEC. 25. That the Board of Supervisors of the sevspect to Roads. eral counties within this State, are hereby authorized and em powered to cause to be laid out, established, altered, discontin. ued or opened, all State and Territorial roads heretofore or now laid out, or hereafter to be laid through or within their respec tive counties, whenever they may deem it for the interest of the public. Ibid. [360.] SEC. 26. Whenever the Board of Supervisors of any county are petitioned to by at least twelve freeholders of each of the townships through which any such road or roads may pass, they shall, upon such petition, authorize the Commis sioners of Highways of such townships to cause the line of said road or roads, within their respective townships, to be sur veyed and located therein; and such Commissioners shall report such survey and location to the Board of Supervisors of their county; and upon examination of said survey and report, said board may declare such road or roads duly laid out, established, discontinued, opened, or altered, as the case may be. Ibid. [361.] SEc. 27. Whenever said road or roads shall be sur veyed, laid out, altered or established under the provisions of this act, it shall be the duty of the Board of Supervisors to whom such petition and report may have been made as afore said, to notify and require the Commissioners of Highways of the several townships through which said road or roads may pass, to furnish to the several Township Clerks of such town ships the minutes of all surveys within their respective town ships, and the same shall be recorded by said clerks in the same manner that township roads are recorded. Damages on the [362.] SEC. 28. Any person feeling himself aggrieved by laying out, etc., the laying out, altering, discontinuing, or opening f any road of Roads. or roads, may have his damages appraised, and obtain the same in the same manner, and under the restrictions made and pro vided relative to township roads. Record of or- [363.] SEC. 29. Every order, resolution, and determination ders of Board. of such Board of Supervisors, made in pursuance of this act, shall be recorded in the records of such board, and signed by the chairman and clerk of such board. Compensation [364.] Src. 30. Each member of such Board of Supervi of members. sors shall be allowed a compensation of one dollar and fifty cents per day for his services and expenses in attending the meeting of such board; and six cents for each mile traveled in going to and returning from the place of such meeting, to be audited by the board and paid by the county. Township Laws of Michigan. [DIV. III. 58 DI.ii]0 onyOicr.5 [365.] SEc. 31. If any Supervisor shall neglect or refuse to Forfeiture for perform any of the duties which are, or shall be required of tieglect of duhim by law, as a member of the Board of Supervisors, without just cause therefor, he shall for each offense forfeit one hundred dollars. [366.] SEC. 32. Nothing in this act contained shall abridge Powers under the powers or duties of any Board of Supervisors, which they Other Laws not now or hereafter may possess, under any other law of this abridged. State, and which are not provided for in this act. [367.] SEC. 33. All that part of chapter fourteen, title Chap. 14ofR.S, three, of the Revised Statutes of eighteen hundred and forty- repealed. six, from and including section one, to and including section twenty-six, is hereby repealed: Provided, That such repeal shall not affect any act done, or any right accruing or accrued. SEC. 34. This act shall take effect immediately. An Act to Amend Sections Fourteen and Fifteen of an Act entitled, An Act to Define the Powers and Duties of the Board of Supervisors of the several Counties, and to confer upon them certain Local, Administrative and Legislative Powers, ap proved April eighth, eighteen hundred and fifty-one. [Approved Feb. 17, 1857. Laws of 1857, p. 463.] SECTIONS 1, 2.ad [368.] SEc. 3. That act number fifty - nine, approved Feb- Certain Act re. ruary tenth, eighteen hundred and fifty-five, of the Session pealed. Laws of eighteen hundred and fifty-five be, and the same is 185,.10. hereby repealed. SEc. 4. This act shall take immediate effect. COUNTY AUDITORS OF WAYNE COUNTY. From Chapter Fourteen of Revised Statutes of 1846. [369.] SEC. 27. There shall continue to be a Board Of Board of Coun. County Auditors for the County of Wayne, composed of three ty Auditors. persons, one of whom shall be elected annually, at the general Annual Elee. election in said county, if such election be held, and if there tion. be no such election held, then said Auditor shall be elected by the Board of Supervisors of said county, as follows: Said elec- Election by tion shall be by ballot, and shall be held at the hour of ten BoardofSuper. o'clock, A. M., on the second day of the annual meeting of the visors. Board of Supervisors in said county. Before proceeding to ballot, the board shall choose a teller, whose duty shall be to receive the votes, and, with the chairman and clerk, shall be a board to canvass the same; and the person receiving the majority of said votes cast shall be deemed duly elected, and a certificate of said election, signed by the chairman and clerk of said Board of Supervisors, shall be forwarded by the clerk to the person so elected, within ten days after such election; and a duplicate of said certificate of said election, showing the number of votes given, and the persons for whom they were given, dAmend Sections 14 and 15, as above given. DIV. III.] Of- County Officers. 59 60 Town8p Law8 of Afichi9an. [DIV. III. shall be deposited in the office of the clerk of said county of Wayne, within one week after said election. And each person Term of office. SO elected, whether at general election or by the Board of Su pervisors, shall hold his office for the term of three years, and until his successor shall be elected and qualified; but no two of such Auditors shall be residents of the same township or city.e Meetings of [370.] SEc. 28. The annual meeting of the Board of AudiBoard. tors shall be holden at the office of the county clerk on the first Monday of October in each year, and the auditor having the shortest portion of a regular term to serve, shall be the chair man of the board; and such board shall have the power to ad journ from time to time, when necessary for the transaction of business; and may hold special meetings at such times and places as a majority of them may deem proper, public notice thereof being first given by the clerk of the board, by pub lishing the same in a newspaper printed in said county, at least ten days before the holding thereof. Powers and [371.] SEC. 29. The said Board of Auditors shall have and Duties. exercise all the powers, and perform all the duties conferred or imposed upon the Boards of Supervisors of the several counties in this chapter, or by any other provisions of law, except those mentioned in the next succeeding section; and the Board of Supervisors of the County of Wayne shall not have or exercise any of the powers herein conferred upon said Board of Audi tors. Powers and [372.] SEc. 30. The Supervisors in the County of Wayne Duties of Board shall hold their annual meeting in each year, at the time and of Supervisors for County of place appointed by law; and shall have and exercise all the Wayne. Wayne. powers conferred by law upon the Supervisors of the several counties, in relation to the equalizing and correcting of the as sessments in said county, apportioning the State and County Taxes to be collected in the several townships, ascertaining and returning the aggregate valuation of real and personal property in the county, and all other matters connected with the assess ment and collection of taxes within said county. Auditors to re- [373.] SEc. 31. The said Board of County Auditors shall, on ort amount of or before the annual meeting of the Board of Supervisors in ax necessary to be raised. said county in each year, ascertain, and report to said Board of Supervisors, the amount of tax necessary to be raised therein for county purposes. Alpeal how [374.] SEC. 32. Appeals may be taken from the determinataken.' tion of said Board of Auditors in the same cases, in the same See Const. Art. manner, and with the like effect, as provided in relation to ap10, See. 10. peals from the determinations of Boards of Supervisors of the several counties. Clerk of Board [375.] SEc. 33. The County Clerk of the county of Wayne of Auditors; shahll be the clerk of said Board of Auditors, and shall perform hi s duties., as clerk of such board, as the clerks of the the same duties, as clerk of such board, as the clerks of the e As amended by "An Act to provide for the Election of County Auditors in the County of Wayne." Approved February 12,1855.-Laws of 1855, p. 152. Township Laws of Michigan. [DIV. III. 60 DIV. iii.] Of County OJJiccr8. 61 several counties are required to perform as clerks of the Board of Supervisors therein. [376.] SEc. 34. Each of said Auditors shall be allowed for Compensation his services and expenses in attending the meetings of the board, of Auditors. at the rate of one dollar and fifty cents per day, and six cents per mile for traveling from his residence to the place of meeting; to be certified by the clerk, and audited by the Judges of the County Court for the county of Wayne. COUNTY TREASURER. [377.] SEC. 35. The County Treasurer shall beelected at the county Treas, general election for the term of two years, and shall give a bond urer elected for two years, to for the faithful and proper discharge of the duties of his office, give bond as hereinafter directed. [378.] SEC. 36. The said bond shall be given to the Board of Bond. Supervisors of the county, with three or more sufficient sureties, By whom ap. to be approved of by the Board of Supervisors, and in such sum proved. as they shall direct, conditioned that such person, and his depu- Conditions. ty, and all persons employed in his office, shall faithfully and properly execute their respective duties and trusts, and that such Treasurer shall pay, according to law, all moneys which shall come to his hands as Treasurer, and will render a just and true account thereof whenever required by the Board of Supervisors, or by any provision of law; and that he will deliver over to his successor in office, or any other person authorized by law to receive the same, all moneys, books, papers and other things appertaining or belonging to said office; Provided, however, Proviso. That if the Board of Supervisors, in any case, has neglected or refused, or shall neglect or refuse, for the period of twenty days 1 Form of Bond of County Treasurer. Know all men by these presents, that we, A. B., C. D., E. F., and G. H., - of the County of Barry, in the State of Michigan, are held and firmly bound unto the Board of Supervisors, of the said County of Barry, in the sum of dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, and each of them, firmly, by these presents. Sealed with our seals, and dated this - day of, A.D. 18-. The condition of the above obligation is such, that whereas the above bounden A. B. has been elected County Treasurer of said County of Barry: Now, therefore, if the said A. B., and his deputy, and all persons employed in his office, shall faithfully and properly execute their respective duties and trusts, and if such Treasurer shall pay according to law all moneys which shall come to his hands as Treasurer, and render a just and true account thereof whenever required by the Board of Supervisors, or by any provision of law, and shall deliver over to his successor in office, or to any other person authorized by law to receive the same, all moneys, books, papers, and other things appertaining or belonging to said office, then this obligation to be void and of no effect; otherwise to remain in full force. In presence of L. M. A." B. [Seal). C. D. [Seal]. E. F. [Seal]. G. H. [Seal]. Of County Officeg-s. DIV. III.] 61 Townshtp Laws of Michigan. after the commencement of the term for which such Treasurer was elected, to approve of the sufficiency of the sureties to such Circuit judge bond, or direct the sum in which the same shall be given, the anePPc]rtvein Circuit Judge may, on application of the Treasurer elect, approve eases. of the sufficiency of the sureties of such bond, on being satisfied of their pecuniary responsibility to meet the exigency of such bond, and may direct the sum for which such bond shall be given, not, however, in a less sum than that directed for his pre decessor.1 Deputy. [379.1 SiC. 37. The County Treasurer may appoint a deputy, who, in the absence of the Treasurer from his office, or in case of a vacancy in said office, or any disability of the Treasurer to perform the duties of his office, may perform all the duties of the office of Treasurer, until such vacancy be filled, or such dis ability be removed. Oice howsup- [380.] SEc. 38. In case the office of County Treasurer shall plied in case of become vacant, or in case the Treasurer, from any cause, shall 'vacancy, etcI be incapable of discharging the duties of his office, the Board of Supervisors may, if in their opinion the interests of the county require it, by writing under their hands, select a suitable person to perform the duties of the Treasurer; and such person so selected, upon giving such bond for the faithful performance of the duties of the office as the said board shall direct, may perform such duties until such vacancy shall be filled, or such disability be removed. Who not to be [381.] SEC. 39. No person holding the office of Prosecuting Treasurer. Attorney, Judge of a County Court, County Clerk, Supervisor, or Sheriff, shall hold the office of County Treasurer. Treasurer to re [382.] S]c. 40. It shall be the duty of the County Treasurer ceiveand pay to receive all moneys belonging to the county, from whatever maoneys. 8Mcean, 44 source they may be derived; ad all moneys received by him 6 McLean, 446. f6r the use of the county, shall be paid by him only on the or der of the Board of Supervisors, signed by their clerk, and countersigned by their chairman, except when special provision for the payment thereof is, or shall be otherwise, made by law. To exhibit [383.] SEc. 41. At the annual meeting of the Board of SubSouokrser. toof pervisors, or at such other time as they shall direct, the County Treasurer shall exhibit to them all his books and accounts, and all vouchers relating to the same, to be audited and allowed. oneys, etc., to [384.] SEc. 42. Upon the death, resignation, or removal fom bue desliverd to office of any County Treasurer, all the books and papers besuccessor. an ~p longing to his office, and all moneys in his hands by virtue of his office, shall be delivered to his successor in office, upon the oath of the preceding County Treasurer, or im case of his deatb, upon the oath of his executors or administrators. Compensation. [385.] SEc. 43. The County Treasurer shall receive for his services such compensation as the Board of Supervisors shall deem reasonable, to be allowed and ordered by them. 1 As amended by Act No. 57 of 1859. Session Laws, p. 96. 62 [DIV. Ill. DIV. iii.] Of County Officer8. 63 [386.] SEC. 44. When directed by the Board of Supervisors, Insurance of the County Treasurer shall cause to be insured any or all the ildigs of public buildings belonging to the county, as said board shall direct; and the insurance thereon shall be taken in the name 1840, p. 161. of the Treasurer, and his successors in office. [387.] SEC. 45. In case of the destruction of, or damage Treasurer to done to the buildings so insured, the Treasurer shall have author- collect moneys in case of damity, and it shall be his duty, to demand and receive the moneys age. which shall be due on account of such insurance; and in case of neglect or refusal to pay the same, he shall sue for and collect such moneys in his name of office whenever directed by the 1840, p.161, ~1. Board of Supervisors, and pay the same into the County Treasury, to be used in repairing or rebuilding such public buildings. [388.] SEC. 46. Whenever the condition of the County Bond, when to Treasurer's bond shall be forfeited, to the knowledge of the be put in suit. Board of Supervisors of the county, they shall cause such bond to be put in suit. [389.] SEC. 47. All moneys recovered in any such action, Moneys recov'ered on bond, shall be applied by the Board of Supervisors to the use of the h ow applied. county, or to such other use or uses as the same ought properly to be applied to. [390.] SEC. 48. The County Treasurer shall keep his office To keep offec at Beat of Jusat the seat of justice for the county. tice. SEC. 49, 50.1 * * * * -* * * * * * From Chapter Fourteen of Revised Statutes of 1846; Compiled Statutes 1857, p. 204. COUNTY CLERK. [402.] SEC. 61. The County Clerk in each organized county Election of shall be elected at the general election, for the term of two hicounty Clerk; his bend. years, and shall give a bond to the people of the State, in the penal sum of two thousand dollars, to be approved by the Circuit Judge, for the faithful discharge of the duties of his officer [403.] SEC. 62. The condition of such bond shall be in sub- condition of stance as follows: bond. "Whereas, the above bounden hath been elected to the office of Clerk of the County of at the general election held therein [or at a special election held therein], on the day of: Now therefore, the condition of the above obligation is such, that if the said shall faithfully, truly, and impartially enter and record all orders, decrees, judgments, and proceedings of the courts whereof he shall officiate as Clerk, and faithfully and impartially perform all other duties of his said office, and shall pay over all moneys that may come into his hands as such Clerk, and shall deliver over to his successor in office all the books, records, papers, teals, and other things belonging to his said office, then the above obligation to be void, otherwise to be and remain in full force." ee These Sections related to the County Judge. f As amended by "An Act to Amend Section Sixty-one of Chapter Fourteen of Revised Statutes," approved February 12, 1853.-Laws of 1853, p. 114. DIV. Ill.] Of County Qfflcers. 63 64 Township Laws of Michigan. [DIV III. Deputy County [404.] SEC. 63. Each County Clerk shall appoint a deputy, to Clerk be approved by the Circuit Court, or the County Judge, and may revoke such appointment at his pleasure; which appoint ment and revocation shall be in writing, under his hand, and filed in his office; and the deputy may perform the duties of such clerk? Clerks, etc., re- [405.] SEC. 64. The County Clerk, and his sureties, shall be sponsible for responsible for the acts of his deputy; and in case of the death, acts of Deputy. d resignation, or removal of the Clerk, or in case of a vacancy by When Deputy any other means, in the said office of Clerk, the deputy shall to act as (Clerk. perform all the duties of such Clerk, until such vacancy shall be filled. Bookstobepro- [406.] SEC. 65. The books necessary to be kept and used in cured. the Clerk's office, shall be procured by the Clerk, under the di rection of the Judge of the Circuit Court, at the expense of the county; and the Board of Supervisors of the county shall audit and allow the account for such books, on the certificate of the said Judge. Clerk, when to [407.] SEC. 66. The Clerk of each county shall transmit to transmit list of the Secretary of State, annually, within one week after the .Justices to Se- cretary of State. fourth day of July, a list, certified by him, of all Justices of the Peace of the county, stating the time of their respective elec tion, and their terms of service, and whether elected to fill a va1840, p.52, ~6. cancy, and if so, what vacancy; and whenever the County Clerk shall receive information of the death, removal, or resig nation of any Justice of the Peace of his county, it shall be his duty forthwith to notify the Secretary of State of such vacancy. To keep office [408.] SEC. 67. The County Clerk shall keep his office at at Seat of Jus- the seat of justice for the county, and shall receive such fees tice. and compensation for his services as shall be provided by law. * * * * * * * * * * *. g As amended by Act 65, of 1850, p. 54. The office of County Judge is since abolished Of Resignations, Vacancies, &c. DIVISION IV.-OF RESIGNATIONS, VACANCIES, AND RE- COMP. L. 1857, MOVALS FROM OFFICE, AND OF SUPPLYING VACANCIES. Chap.XI. p.218, Chapter Fifteen of Revised!Statutes of 1846. * * * * * * * * * * * VACANCIES. [475.] SEC. 3. Every office shall become vacant, on the hap- What events to pening of either of the following events, before the expiration create vacancy, of the term of such office: 1. The death of the incumbent; 2. His resignation; 3. His removal from office; 4. His ceasing to be an inhabitant of this State; or, if the office be local, of the district, county, township, city or village, for which he shall have been elected or appointed, or within which the duties of his office are required to be discharged; 5. His conviction of any infamous crime, or of any offense involving a violation of his oath of office; 6. The decision of a competent tribunal, declaring void his election or appointment; or, 7. His refusal or neglect to take his oath of office, or to give or renew any official bond, or to deposit such oath or bond in the manner and within the time prescribed by law: Providecl, 3 Gilman, 59 That the Supervisor of any township, in which the office of a Township Treasurer or Justice of the Peace may become vacated by operation of this act, shall immediately transmit to the County Clerk of the county in which such Township Treasurer or Justice of the Peace resides, a notice in writing, officially signed by him, informing the County Clerk that the office of such Township Treasurer or Justice of the Peace is vacated.a REMOVALS FROM OFFICE. * * * * * * * * * * * [478.] SEC. 6. The Governor shall remove. all county officers When Governor chosen by the electors of any county, or appointed by him, ex- mCauYntryemaonvd cept County Judges, Judges of Probate, and County Clerks, Township Of. and shall also remove all Justices of the Peace and township ficers. officers chosen by the electors of any township, when in his opinion such officer is incompetent to execute properly the duties of his office; or when he is satisfied that such officer has been guilty of official misconduct, or of wilful or habitual neg a As amended by "An Act to amend Sections Three, Fourteen, - and Fifteen, of Chapter Fifteen of the Revised Statutes of 1846, in relation to Vacancies in Office." Approved June 27, 1851.-Laws of 1851, p. 278. DIV. IV. 65 41 Township Laws of Michigan. lect of duty, if in his opinion such misconduct or neglect shall be sufficient cause f6r such removal; but no such officer shall be removed for such misconduct or neglect, unless charges thereof shall have been exhibited to the Governor, and a copy of the same served upon such officer, and an opportunity given him of being heard in his defense. 66 [DIV. IV. 0 DIV. v.] Of TownshIp8 and Town8hIp Officers. 67 DIVISION V.-OF THE POWERS AND DUTIES OF TOWN- COMP. L. 1857, SHIPS, AND ELECTION AND DUTIES OF TOWNSHIP OFFICERS. Ch, XII. p. 225, From Chapter Sixteen of Revised Statutes of 1846. [493.] SEC. 1. The limits and boundary lines'of every or- Boundaries of ganized township shall remain as now established, until other- Townships. wise provided by law. POWERS AND DUTIES OF TOWNSHIPS. [494.] SEC. 2. The inhabitants of each organized township Inhabitants of shall be a body corporate, and as such may sue a nd b e sued, Townshipstobe abody corpor. and may appoint all necessary agents and attorneys in that ate, and may b ehalf; and shall have power to purchase and h old real and hold and dis pos of real eB. personal estate for the public use of the inhabitants, and to tate,&c. convey, alienate, and dispose of the same; and to make all contracts that may be necessary and convenient for the exercise of their corporate powers, and any orders for the disposal of their corporate property which they may judge expedient. [495.] SEC. 3. The inhabitants of each township shall have May raise power, at any legal meetings by a vote of the qualified electors money, for what thereof, to grant and vote sums of money, not exceeding such purposes. amounts as are, or may be limited by law, as they shall deem 1 Townships may be considered as quasi corporations, with limited powers coextensive with the duties imposed on them by statute or usage, but restricted from a general use of the authority which belongs to corporations by common law. -Rumford v. Wood, 13 Mass. 193; Norton v. Peck, 3 Wis. 714. The whole power and capacity of townships as corporations is derived from and conferred by. statute, and is specified and confined to certain functions only. Their authority to contract or assume liabilities is restricted to cases where such action is necessary for the exercise of their appropriate functions, as corporations and their power to sue and be sued must be limited to cases where the assertion of their cor. porate rights, or the enforcement of their corporate liabilities, requires such proceeding.-22 Barb. 634. When a contract is made in pursuance of a vote of a township, but before the contract is performed the tote is rescinded, it seems that the person with whom the contract is made is not affected by the rescission unless he has notice thereof; in which case it would be otherwise. -Allen r. Taunton, 19 Pick. 485. A township, as such, has no authority to contract with a plank road company or corporation, granting them the use of a highway in the township. As a corporation a township has nothing to do with, and no interest in, the highways within its limits; the title to the soil is in individuals; the right to their use belongs to the inhabitants of the township, not exclusively, but in common with the whole public. The care and superintendence of highways has been committed to certain officers of the township chosen for that purpose, and whose duties are prescribed by law. - 22 Barb. 624. But it is held in New Hampshire, that townships have a qualified interest in the roadways and bridges they have erected, and may maintain an action on the case for the destruction or obstruction of the road, or the conversion of the materials. - Town of Troy v. Cheshire R. R. Co. 3 Porter, 83. The electors at township meeting can not direct an officer of the township to perform any act which by law he has not authority to perform, nor to act in any other manner in the performance of his duty, than that which is pointed out by law. -- Keen v. Bletson, 5 Pick. 492. The powers of the electors to bind the township are conferred by statute, and are limited to such acts as are prescribed by law. - Cornell V. Guilford, 1 Denio, 510. Of Townshi.ps and Township Officers. 67 DIV. V.] 68Tw-~Lw f1[cia.[I.V necessary for defraying all proper charges and expenses arising in the township.1 Orders and By- [496.] SEC. 4. The inhabitants of each township may, at Laws. any legal mneeting, by a vote of the qualified electors thereof, make all such orders and by-laws for determining the time and manner in which cattle, horses, swine, sheep, and other animals shall be restrained from going at large in the highways, and for directing and managing the prudential affairs of the town ship, as they shall judge most conducive to the peace, welfare, and good order thereof.2 Penalties. [497.] SEC. 5. They may annex to such orders and by-laws suitable penalties, not exceeding ten' dollars for any one breach thereof, to be recovered by complaint before any Justice of the Peace of the township or county where the offense shall have been committed. By-Laws to be [498.] SEC. 6. The by-laws of any township shall, before Published. the same shall take effect, be published, by posting up copies thereof, in three of the most public places in the township; and such by-laws, duly made and published, shall be binding upon all persons coming within the limits of the township, as well as upon the inhabitants thereof. Suits, etc. [499.] SEC. 7. All suits, acts, or proceedings, by or against a township, in its corporate capacity, shall be in the name of Conveyances such township; but every conveyance of lands within the limits nade for use of of such township, made in any manner, for the use or benefit of Township. its inhabitants, shall have the same effect as if made to the township by name,3 TOWNSIHIP MEETINGS. Annual meet- [500.] SEC. 8. The annual meeting of each township shall ing, when held be held on the first Monday of April in each year; and at such 1 It is competent for the inhabitants of a township to take upon themselves the expense of a suit against their agent or servant, in which the interests of the township are directly involved. Where the servants of the township have made mistakes, which have rendered them liable at law, it has been held legal and proper for the township to meet the expense. -Babbitt et al. v. Savoy, 3 Cush. 530. A township is authorized to indemnify its officers against a liability which they may incur in the bona fide discharge oftheir duties, although it turn out that they have exceeded their legal rights and authority. -Bancroft v. Linfield, 18 Pick. 566. 2 Any by-law of a township, declaring that all hogs or other animals should be kept shut up, only extends to prevent hogs from going at large on the highway; and it seems that a township has no power to prevent the inhabitants from allowing their hogs or other animals to go at large upon their own lands. -Shepard v. Hees, 12 Johns. 433. Every man is bound, upon peril of being accounted a trespasser, to keep such animals as are the subject of absolute property, upon his own soil. If swine, or other animals, depasturing in the highway, break into an adjoining close, though the fence be defective, the owner of such animals will be liable; and it matters not whether there is or is not a township regulation restraining such animals from running at large; they will not in the absence of such regulation be considered free commoners. The public have the full right of passing along and over the highways, but have not the right of pasturage therein.- Harrison v. Brown, 5 Wis. 27. 3 It is held'in New York that where a cause of action exists in behalf of a township, and no officer is by statute authorized to prosecute ior such cause of action, it is proper for the electors, when convened at township meeting, to direct such action to be brought; for which purpose they may appoint an agent to institute and prosecute the same; but such suit must be brought in the name of the town. - Cornell v. Guilford, 1 Denio, 510. Township Laws of Michiqan. [DIV. V. 68 Of Townships and Township Oficers. meeting there shall be an election for the following officers: Officers to be One Supervisor, one Township Clerk, one Treasurer, one School elected. Inspector, two Directors of the Poor, two Assessors, if the qualified electors present at the opening of the meeting shall so determine by vote, one Commissioner f Highways, so many Justices of the Peace as there are by law to be elected in the township, and so many Constables as shall be ordered by the meeting, not exceeding four in number.' [501.]1 SEC. 9. Each of the officers named in the last prece- Officers to be ding section, shall be chosen by ballot; and before proceeding chosen by balto choose the officers hereinafter directed to be chosen) at such meeting.' [502.] SEc. 10. There shall also be elected at such meet- Officers to be ing, to be chosen viva voce, or in such manner as the meeting vchosen viva I ~~~~~~~~~~~~~~~~~~~~~~~voce. may direct, one Overseer of Highways for each road district, and as many Pound Masters as the meeting may direct. [503.] SEC. 11. Justices of the Peace shall severally hold Term of office their offices for four years,b except when elected tofill a vacancy of Justices. in office occurring before the expiration of the legal term of four years, and when elected to fill such vacancy, they shall hold during the unexpired portion of such term: Provided, That when there shall have been no previous election and classification of Justices of the Peace in any township pursuant to the sixth article of the Constitution of this State, the Justices elected at such meeting shall be classed and divided by lot, respectively, for one, two, three, or four years, and shall severally hold their offices accordingly. [504.] SEC. 12. Each Commissioner of Highways shall hold Term of office his office for three years, and until his successor shall be elected of Commis sioners of HEigh, and qualified, except when elected to fill a vacancy, in which ways. case he shall hold during the unexpired portion of the regular term: Provided, That when there shall have been no previous election for Highway Commissioners in any township, there shall be three such Highway Commissioners elected, one for one year, one for two years, and one for three years; and, Provided, also, That at the annual township election, in each of the 1 The determination of the electors of a township as to the number of constables or assessors to be chosen, must be by a formal vote or resolution. When there is no limitation of the number of constables by such formal resolution or order, and more than four persons are voted for, the three having the greatest number of votes are entitled to discharge the duties and receive the emoluments of the office. When at township meeting the electors limit the number of these officers to be chosen and ballots are found to contain a greater number of names designated for the office than the number to be elected, such ballots can not be canvassed, but must be rejected.- People v. Adams, 9 Wend. 33. If a ballot contains the names of two persons for the same office, it is bad as to both, but it can not be rejected as to candidates for other offices regularly named upon the same ballot. - Carpenter v. Ely, 4 Wis. 420. Notwithstanding the determination at township meeting, that the number of constables in the township shall be four, the election of a less number in either case will oust all those of the preceding year, although the number then chosen was three; neither of them can hold over on the rretence that no persen is chosen in his place. - People v. Jones, 17 Wend. 81. a As to the last clause of this section, see section 531. b See section 17, article 6, of Constitution. DIV. V.] 69 70 Town8hip Law8 of Mioigan. [DIV. V. organized townships, to be held in the year one thousand eight hundred and forty-seven, there shall also be elected three such Highway Commissioners, one for one year, one for two years, and one for three years. Term of office [505.] SEC. 13. Ech School Inspector elected as aforesaid, ofpe Schtoorsl In- shall hold his office for two years, and until his successor shall be elected and qualified, except when elected to fill a vacancy, in which case he shall hold during the unexpired portion of 1843, p. 99, ~ 24. the regular term: Provided, That where there shall have been no previous election for School Inspectors in any township, there shall be two such Inspectors elected, one for one year, and one for two years, who shall severally hold their office accord ingly. what officers to [506.] SEC. 14. Each of the officers elected at such meethold one year. ings, except Justices of the Peace, Commissioners of Highways and School Inspectors, shall hold his office for one year, and until his successor shall be elected and duly qualified. Officers elected [507.] SEC. 15. Each township officer elected at a special to fill vacancies. meeting to fill a vacancy, shall hold his office during the then unexpired portion of the regular term of the office, and no longer, unless again elected. Meetings where [508.] SEC. 16. The annual and special township meetings ro be held. pm tobe he shall severally be held at the place in the township where the last annual township meeting was held, or at such other place therein as shall have been ordered at a previous meeting, or when there has been no such previous meeting, at such place as shall be directed in the act or proceedings by which the township was organized, unless it shall, in either case, become inconvenient to do so. When place of [509.] SEC. 17. Whenever it shall become inconvenient to meeting may be hold a township meeting at the place designated therefor, the changed, and .meeting ad- Board of Inspectors, or a majority of them, after having assemjourned. bled at, or as near as practicable to, such place, and opened the 1839, p.122, 123. meeting, and before receiving any votes, may adjourn said meeting to the nearest convenient place for holding the same, and at such adjourned place forthwith proceed with the meeting. Proceedings on [510.] SEC. 18. Upon adjourning any township meeting, as adjournment. provided in the last section, the Board of Inspectors shall cause proclamation thereof to be made, and shall leave a constable, or some other proper person, at the place where such meeting 1839, p. 123. was opened, to notify all persons arriving at such place that the meeting has been adjourned, and the place to which it has been adjourned. For what pur- [511.] SEC. 19. Any annual or special meeting may, by a poses meeting vote of the meeting, be adjourned to any other day, and from time to time, for the purpose of transacting any proper business of the township, except for the election of officers. First meeting in [512.] SEC. 20. The first township meeting after the orTownships, Twhensheld.' ganization of any township, shall be held on the first Monday in April after its organization, and at such meeting there shall 70 Township Laws of Michigan. [DIV. V. Of Townships and Townh8isp Qffcers. be an election for such officers as are by law to be elected at 1839, p. 16, ~1. township meetings. [513.] SEC. 21. At the first township meeting in any town- Proceedings at ship, the qualified electors present, between the hours of nine firt meeting ia and ten o'clock in the forenoon, shall choose one of their number as Moderator, one of their number as Clerk, and two others of their number as Inspectors, who shall severally take the oath of office prescribed by the twelfth article of the Constitution, 1839, p. 17, ~ 2. and shall conduct the proceedings of such meeting in all re- spects as other township meetings are required by law to be Const., Art. 18. conducted, as near as may be, and with the same powers.1 [514.] SEC. 22. If the inhabitants of any newlyaorganized In case of fall. township shall fail to hold their first township meeting on the ure, Meeting, 9how called. day specified by law, any three qualified voters of such township may call a meeting of the electors of such township, for such township election, at any time thereafter, by posting up 1839, p.17, ~ 3. notices thereof in not less than three public places in such township, at least ten days previous to the holding of such meeting.2 [515.] SEC. 23. At such first township meeting, the Moder. Who to admin. ator shall administer the oath of office to the other Inspectors, ister oaths. and either of the other Inspectors, after having been so quali- 1839, p. 17, ~4. fled, may administer the like oath to the Moderator., [516.] SEC. 24. Special township meetings may be held for Special Town ship Meetings to~ the purpose of choosing officers to fill any vacancy that may oc- fill vacancies; cur, if the Township Board shall deem it expedient, and make how held. their order therefor; and in case the said Township Board become disorganized, or reduced below the number of a quorum, as provided by law, by or through the death or removal of the officers composing the same, or from any other cause, then such special township meeting may be called and proceeded in, in all respects, as in the case of newly organized townships. 1 Form of Oath of Moderator, Clerk, or Inspectors at Township Meeting. I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of this State, and that I will faithfully discharge the duties of the office of Moderator (or Clerk or Inspector, as the case may be) at this township meeting, according to the best of my ability. Where in pursuance of law, the oath of office is administered to an officer in open township meeting in presence of the township clerk, the clerk's record of the fact is competent evidence of the'administration of the oath. - Briggs v. Murdock, 13 Pick. 305. 2 Form of Notice by Three Voters, calling Township Meeting in Newly Or ganized Township. The inhabitants and electors of the Township of Lee, in the County of Alleyan, having failed to hold their first township meeting on the day specified by law, are requested by the undersigned, three qualified voters of such township, to assemble and hold a township meeting on the - day of,18-, at the hour of- o'clock in the forenoon, at (state where), in said township. Dated at, this - day of, 18-. [To be signed by three electors.] cAs amended by "An Act to amend Section Twenty-Four of Chapter Eighteen of the Revised Statutes of Eighteen Hundred and Forty-Six, entitled,' Of the Power and Duties of Townships, and Election, and Duties of Township Officers.'" Approved January 29,1853. Ihaws of 1853, p. 22. DIV. V.] 71 72 Town8hip Law'8 of Michigan. [DIV. V. Special Meet- [517.1 SEC. 25. Special township meetings shall also be held, ig fpuor other for the purpose of transacting any other lawful business, when ordered by the Township Board, on a request to them in writing, signed by any twelve electors of the township, speci fving therein the purposes for which such meeting is to be held; and the mode of proceeding at all special meetings shall be the same as at the annual meetings.1 Orders for Spe [518.1 SEC. 26. Every order for a special township meeting cial Meeting, shall specify the purpose for which it is to be held, and the whatto specify time when, and the place where it shall be held; and if any vacancies in'office are to be filled at such meeting, such order shall state in what offices vacancies exist, how they occurred, and who were the last incumbents, and if the vacancy be in the office of Justice of the Peace, such order shall also state at ' what time the Constitutional term of office will expire. Within what [519.] SEC. 27. The time appointed for holding any special time after order township meeting shall not be more than twenty nor less than meeting to be held. fifteen days from the time of making the order therefor; and such order shall be left with the Township Clerk within two days after the making thereof, and shall be recorded in his office. Clerk to give'[520.] SEC. 28. The said clerk shall, within two days after notice. such order shall be left with him, cause copies thereof to- be posted up in three of the most public places in the township; and if there be a newspaper printed in such township, he shall also cause a copy to be published therein, if practicable, at least five days before the day appointed for such special meeting. No notice of [521.] SEC. 29. No notice of the annual township meetings AnnualMeet- shall hereafter be necessary. Ing. 1 Form of Request for Special Township Meeting. To the Township Board of the Township of Albion, in the County of Cal houn: The undersigned, twelve electors of said Township of Albion, do request of you that a Special Township Meeting be held in said township for the purposes of (Here set forth the purposes). Dated at, this - day of-, 18-. [To be signed by twelve electors.] 2Form of Order of Township Board for Special Township Meeting. Ionia County, l Township of Ionia.S It is ordered by the Township Board of said Township of Ionia, that a Special Township Meeting be held for the purposes of (here set forth the purposes), which meeting will be held on the- day of -, A. D. 18-, to commence at 10 o'clock in the forenoon, at, in said township, a request in writing having been made to said Township Board for such township meeting, for the, purposes aforesaid. Given under our hands, at Ionia, this - day of -, A. D. 18-. Jo'iN C. DEXTER, L. S. JENKS, WM. KITTS, ED. STEPHENSON, Township Board. Township Laws of Michigan. [DIV. V. 72 Of Townships and Townhsip O,Icers. MANNER OF CONDUCTING ELECTIONS. [522.] SEc. 30. At the election of officers required to be Ilspectorsof chosen by ballot at the annual township meeting, thle Inspectors Election. of Election shall be the same as at the general election. [523.] SEc. 31. The Township Clerk shall be the clerk of the Town,shipclerk township meeting, and shall keep faithfil minutes of its. pro- tote keeP Mi p ~~~~~~~~~~~~~~~~~~~~utes. ceedings, and a correct list of the persons voting at the election; and he shall enter at length in his minutes every order or direction, and all rules and regulations made by such meeting. [524.] SEC. 32. If the Township Clerk be absent, then such When Clerk of that p Meeting to be person as shall be appointed by the Inspectors for that purpose appoited by shall act as clerk of the meeting, first taking an oath, to be ad- Inspectors. ministered by one of the Inspectors, that he will faithfully perform the duties of his office according to the best of his ability.2 [525.] SEc. 33. The polls of the election shall be opened at Openingand nine o'clock in the forenoon, or as soon thereafter as may be, closing of poll. and shall be closed between the hours of three and six o'clock in the afternoon, and the Inspectors shall cause proclamation to be made at least one hour before the closing of the polls, that the polls of the election will be closed at, or within the specified hour, naming it.$ [526.] SE_. 34. When the election is by ballot, the Inspect- Ballotsto be de. ors shall deposit the ballots in a box, to be constructed, kept, positedIn box. 1 The clerk's record or minutes of the proceedings of a township meeting will be taken as evidence of the facts therein set forth, as transpiring at that meeting.- Briggs j. Murdock, 13 Pick. 305. A person who was formerly a township clerk, but is no longer in office, can not amend a township record made by him when township clerk; but if he eoitIt,ue in office he may amend the record of a previous term; the iliterveninig election is held to be subatantially a continuance of the clerk in the same office. - uartwell v. Littleton 13 Pick. 229. Form of Clerk's List of Persons voting at Elections at Tosonship Meeting A correct list kept of persons voting at an election at a township meeting held at., in the township of Rich, and eounty, of Lapeer, on the -day of,A.D. 18-. No. NAME. No.) NAMES. I Simeon (.'rawford. 3 Jaiiies Miles. 2 Horace Fox. 4 John Jackson. Total number of ballots, 4. Note.-As a matter of convenience, it is well to enter the number of voters in the margin as the list progresses. 2 Form of Oath to be Administered to Person appointed to act, in absence of Township Clerk, as Clerk of Township Meeting. You do solemnly swear (or affirm) that you will faithfully performn the duties of Clerk at this Township Meeting according to the best of your ability, so help you God. The following is the usual form of proclamations of this kind: Form of Proclamation before closing the Polts. Hear ye! Hear ye! Hear ye! The polls of this election will be closed at fire o'clock this afternoon. F 73 DIV. V.] No.| i,No. | NAMES. NAMES. 74 ToWn8hip Law8 of Michigan. [DIV. V. and disposed of, as near as may be, in the manner prescribed in chapter five. Ballots, what to [527.] SEC. 35. The ballot shall be a paper ticket, with the contain, etc. names of the persons for whom the elector intends to vote, written or printed, or partly written and partly printed there on; and shall designate the office to which each person so nam ed is intended by him to be chosen; but no.ballot shall contain a greater number of names as designated to any office, than there are persons to be chosen at such election to fill such of fice, and each ballot shall be so folded as to conceal the con tents, and shall be delivered to one of the Inspectors. Desgnatolon of [528.] SEc. 36. If at any election there shall be one or more vacancy. vacan cies to be supplied, in the office of Justice of the Peace, School Inspectors, or(Oommissioners of Highways, and at the same election, any such officer is to be elected for the full term, it shall be necessary to designate on the ballot the person or persons voted for to supply such vacancy or vacancies. Challenges. [529.] SEc. 37. If- any person offering to vote at such elee ticn, or upon any question arising at such township meeting, shall be challenged as unqualified by any Inspector, or any elector entitled to vote at such meeting, the Inspectors shall proceed thereupon in the manner prescribed in chapter five, in case of a challenge at the general election-; -and no person whose vote shall have been received upon such challenge, shall be again challenged upon any other question, arising at the same township meeting., Authority to [530.] SEC. 38 The Inspectors, or officer presiding, shall preserve order, have the same authority to preserve order, to enforce obedietc. ence, and to commit for disorderly conduct, as is possessed by the Board of Inspectors at a general election.2 Viva voce votes [531.] SEC. 39. Between the hours of twelve o'clock at noon andelections. and three o'clock in the afternoon, there shall be elected the other officers to be elected at said meetings; and all business of said meetings requiring a viva voce vote (except that required by section eight of said [this] chapter), shall be then transact ed.d Questions upon [532.] SEC. 40. All questions upon motions made at townmotions, how shi meetings, shall be determined by a majority of the electors ,determined. p by voting; and the officer presiding at such meeting shall as certain and declare the result of the votes upon each question. CANVASS OF VOTES. Oanvassofvotes [533.] SEc. 41. The votes given by ballot shall by publicly and determina- canvassed by the Inspectors, at the place where the meeting tion of result. b npcos lc etn 1 See ante, page-. 2 See ante page-. d Substituted for original Section 89, by "An Act to repeal Section Thirty-Nine of chapter Sixteen, of the Revised Statutes of 1846, and to substitute a now Section therefor, to stand as Section Thirty-Nine of said Chapter." Approved February 10 1855 Laws of 1855, p. 137. 74 Township- Laws of Michigan. [DIV. V. Of Townships and Township Ojcers. was held, and the result shall be read by the clerk to the persons there assembled; and such reading shall be sufficient notice to all persons elected at that election to any office, whose names are on the poll list as voters. [534.] SEC. 42. Before the ballots are opened, they shall be Ballots to be counted and compared with the poll list, and the like proceed-comared wi t ings shall be had as to ballots folded together and as to differ- poll list. ences in number, as are prescribed in chapter five. [535.] SEc. 43. The canvass being completed, and the result Statementof reascertained, the Inspectors shall draw up a statement in writ- sut; eto. ing, setting forth, in words at full length, the whole number of votes given for each office, the names of the persons for whom such votes for each office were given, and the number of votes so given to each person, which statement shall be certified'under the hands of the Inspectors to be correct.' [536.] SEc. 44. The Inspectors shall also oertify upon such Statementof de. termination to statement, their determination of the persons elected to the re-be ertified and spective offices, including as well those elected without ballot, recorded. as those elected by ballot; which statement and certificate of determination shall be left with the Township Clerk, and re. corded in his office.2 l Form of Statement by Inspectors of Result of Election at Tolwnship Meetig. The following is a statement setting forth the whole number of votes given for each officer, the names of the persons for whom such votes for each office were given, and the number of votes so given to each person, at an election at a township meeting held at, in the township of Ensley, in the county of Newaygo, and State of Michigan, on the — day of, 1. The who[e number of votes given for Supervisor was two hundred. The whole number of votes given for Township Clerk was two hundred. (Continue by giving the nurnber of votes for each office.) Of which Smith Cook had one hundred and twenty votes given him for Supervisor, and Otis H. Kellogg had eighty votes given him for Supervisor; John Kinney had one hundred and twenty-five votes given him for Township Clerk, and Andrew Flynn had seventy-five votes given him for Township Clerk. All which statement we certify to be correct. Given under our hands this - day of, A. D. 18-. OTIS H. KsELLOGG, WILLIAM S. HILLMSAN, HIRAM LUTRES, inspetors. 2 Form of Certjficate by Inspectors of Determination of Persons elected to Office at Township Meeting. Gratiot County, ~ Township of Bethany, s We, the Inspectors of the Election, held at the time and place set forth in the within Statement, drawn up by us, do certify that we have deermined that at such election the within named A. B. was duly elected Supervisor of iaid township; that C. D. was duly elected Township Clerk of said township (Continue according to the facts). Witness our hands this -day of, 18 W. J. PARTELOW, MARTIN CRAYMER, JAMES GRUETT, Inspectors. iote.-This Certificate should properly be endorsed upon the Statement. It wiU 75 I)IV. V.] 76 Township Laws of Michigan. LDIV. V. Who to be [537.] SEC. 45. The persons having received the greatest deemed elected; number of votes given for anv office at such election shall be 'when choice to be determined deemed and declared duly elected; and iftwo or more persons byv lot. by lot. shall have received an equal number of votes for the same of fice, the Inspectors of Election shall determine the choiceby lot, and shall declare and certify the same accordingly. TOWNISHIP OFFICER. Oath of reooe. [538.] SEc. 46.' All officers, except Justices of the Peace, required to be elected at township meetings by ballot, shall, before entering upon the duties of their offices, and within ten days after notice of their election, respectively take and sub scribe the oath of office prescribed by the twelfth article of the Constitution, before the Township Clerk, or some other officer authorized to administer oaths, and file the same with the Township Clerk, who shall record the same: and such oath shall be administered without reward, and certified by the of ficer before whom the same was taken, with the date of takmg the same.1 Olerks, when to [539.] SEC. 47. Within two days after the election of any n.otiy 1persona officers at a township meeting, the clerk shall transmit to each -I..IYIL person elected to any township office, and whose name shall not have been entered on the poll list at such election as a be observed that the-number of votes set forth in the Statement should be written out in words at full length;. figures should not be used i place of words. Where the Inspectors, in case of an equal-number of votes, determtne the ehoie by lot, the following may be inse ted in the Certificate, as the form Ox the clause - cernilg the determination of such choice: Form of Clause in Certificate iA case,of Determinatiom of Choice by Lot, E. F. and G. H. having an equal number of votes for the office of Treasurer, we did determine the choice between said persons for said office by lot, pursuant to the statute in such ease nmade and provided; which resulted in favorof the said E F. We have therefore determined that the said E. F. is duly elected to the office of Treasurer of said township of Bethany. W. J. PARTELOW, MARTIN CRAYMER, JAMES GRURTT, Inspectors. I Form'of Oath of Office of Township Officer. I do solemnly swear (or affirm) that I wigl support the Constitution of the United States, and the Constitution of this State, and that I will faithfully discharge the duties of the office of Supervisor of the Township of Bath, in the County of Clinton, and State of Michigan, according to the best of my ability. So help me God.' Clinton County, Township of Bath,~ ms I certify thatl the foregoing oath was taken and subscribed by the said T. J Woodman before me this -day of, 18-. W. M. VAI LENVEN, Township Clerk. 76 Township Laws of Michigan. [DIV. V.. T., ii WOODMAN. DIV. v.] Of Town8h8 ad TOwn8hip (cera. +7 voter, a notice of his election,1 and each Overseer of Highways and Pound Master elected at such meeting, shall, within ten days after notice of his election, file with the said clerk a notice in writing of his acceptance, and in default thereof he shall be deemed to have refused to serve.2 [540.] SEc. 48. The persons so elected Justices of the Peace When Justioe shall enter upon the duties of their offices respectively, as folk- thenrtiuesP,o lows: 1. Those elected for the full term of four years, on the fourth day of July next succeeding their election; 2. Those elected to fill vacancies, and those elected at the first township meeting in any new township, immediately upon the filing of their oath of office and security with the County Clerk, as required by law. [541.] Sc. 49. When a new township shall be organized, if Justicos readi there be one or more Justices of the Peace residing therein, og ne they shall be deemed Justices thereof, and shall hold their offices according to their respective classes; and only so many Justices shall be chosen as shall be necessary to complete the number of four for such township. [542.] SEc. 50. Within six days after the election of Justices cassifloationof of the Peace in such new township, the Supervisor s. iall give Justices notice in writing to the Justices elected, and to the Townshlip Clerk, of the time and place when and where hlie will meet them, to determine by lot the classes of such Justices; - whitch 1836,. 20,,. notice shall be served at least six, and not more thin twelve days, previous to the time appointed therein for such meeting.? [543.] SEc. 51. At —the time and place so appointed, the Mode of olast. Supervisor and Township Clerk sliall cause to be written on fying. separate pieces of paper, as near alike as may be, the numbers one, two, three, four, or such, and so many of such numbers as Form of Notice by Clerk to Person elected to Ogle at Townshk Meetin To A. R. Marvin, Esq.: Sir,-You are hereby notified that at the Annual Township Meeting, held in the Township of Dewitt, and county of Clinton, on the - day of -, A. D). 18-, you were elected to the office of Freasurer of said township. Dated at Dewitt, this - day of,18-. O0. F. STaRICLAND, Township Clerk. 2 Form of Notice of Acceptance of Overseer of Highways or Pound Master, To David B. Dennis, Township Clerk of the Township of Coldwater: Sir,-Being elected at the late Annual Township Meeting to the office of Overseer of Highways [or Pound Master] for Road District No. -, ina id township, I hereby notify you that I do accept of that office. Dated at Coldwater, this - day of -, 18-. IJoH Dot. Form of Notice by Supervisor go Justices for Determination by Lot of Classes. To A., B., C., and D.. Sirs,-You, and each of you, having been elected to the office of Justice of the Peace for the Township of Ovid, in the County of Branch, are hereby notified that I will, on the - day of, 18-, at the hour of - o'clock -. M., DIV. V.] Of Townships and Township Ojficers. 77 Township Laws of Michigan. 183 p.21, 7. shall correspond with the classes which shall be vacant, and shall cause them to be rolled up as nearly alike as may be, and deposited in a box; and the persons elected Justices shall sever. ally draw one of the said pieces of paper, and shall be classed according to the number written on the paper so drawn by him, and shall hold his office for such number of years, either one, two, three, or four, as shall correspond with such number so drawn. When Superv. [544.] SEc. 52. If any per son elected a Justice shallneglect sor to draw for to attend such drawing, the Supervisor shall draw for him; but bsent Justices. if the Supervisor be absent from his township, or unable to 836 p21 s ~ serve, or his office be vacant, the Township Clerk shall give notice, and perform the duties herein enjoined on such Super visor. rtificates of o[545.] SEc. 53. Duplicate certificates of such drawing anl olassifcation to of the result thereof, shall be made and certified by the Superbe made and re- visor and Township Clerk, or such one of them as shall attend corded. vsrCek the same, one of which shall be filed with the Township Clerk, and the other with the County Clerk, and shall be recorded by said clerks in the books in which the canvass of votes shall have been recorded, and shall be conclusive evidence of the classes to which the Justices so elected belong. Classification in [546.] SEc. 54. In case more than one existing vacancy in Oase of election the office of Justice of the Peace shall be supplied by election to fill vacancies. at., in said township, meet you for the purpose of determining by lot your terms, or classes as such Justices. Dated at Ovid, this - day of,18-. E. D. Coawir, Suvervisor. Note.-A'copy of the foregoing should be delivered to each justice-elect. 'otm of Notice to Township Clerk of Meeting of Justices to Determine Classes by Lot. To Richard Roe, Township Clerk of Township of Ovid: Sir:-You are hereby notified that I will, on the - day of-, 18-, at the hour of - o'clock, -. x., at, in said township of Ovid, meet you, with A., B., C., D., who have been elected Justices of the Peace in said township, to determine by lot the classes of such Justices. Dated at Ovid, this -day of -, 18-. '1 FrnfCE. D. Col wiN, Super'sor. 1 Form of Certifcat- of Drawing for Classes, by Justices. Branch County, iss Township of Ovid.3' We do hereby certify, that on the - day of -, at,in said Township of Ovid, a drawing of lots was had by A., B., C., and D., Justices of the Peace elect for said township, to determine the classes of such Justices. That the said A. drew the term of one year; that the said B. drew the term of two years, &e. (If any Justice fail to attend, then say) due: notice having been given to all of said Justices, and the said D. neglecting to attend such drawlg, the undersigned Supervisor drew for him, and drew the term of four years. In witness whereof, we, the Supervisor and Township Clerk of said townhip, have hereunto set our hands this - day of -, 18-. E. D. CORWIN, Supervisor. RICHARD ROE., Township Cle%rk 78 [DIV. V. Of Townships and Township Off,cers. at any township meeting, the classes of the persons elected to fill the same shall be determined by lot, within the time, and in the manner prescribed for classifying Justices elected in new township s. r547.] SEc. 55. If any person elected to any township office, Penalty on off. except that of Justice of the Peace, of whom an oath of office tors for neglect is required, who is not excepted by law from holding the office to which he is elected, shall not, within ten days after notice of his election, take and subscribe the oath of office required by law, and cause the same to be filed with the Township Clerk, or if any such officer of whom a bond or security shall be required, shall not file such bond or security within the time above limited for filing his said oath, he shall forfeit and pay the sum of ten dollars; and if any person elected to the office of Overseer of Highways or Pound Master, and not exempted by law from holding such office, shall refuse to serve, he shall forfeit and pay the like sum, unless the person selected shall file with the clerk of his township, within said ten days, a written notice stating that he declines accepting the office.e RESIGNATIONS, VACANCIES, AND SUPPLYING VACANCIES. [548.] SEC. 56. Resignations of all officers elected at town- How resigna. ship meetings shall be in writing, signed by the officer resign- tions made. mg, and addressed to the Township Board, and shall be delivered to and filed by the Township Clerk; and when a Justice of the Peace resigns, such clerk shall immediately transmit a copy of such resignation, certified by him, to the County Clerk.2 As amended by Act 206 of 1848, p. 313, Section 4. 1 Form of Notice by Superisor of Highways or Pound Master declinin to accept the Office. To E Stephenson, Township Clerk of the Township of lonia: Sir:-Being elected at the late Annual Township Meeting to the office of Overseer of Highways (or Pound Master) for Road District No.-, in said township, I do hereby givenotice that I decline accepting said office. Date; at Ionia, this -day of, 18-. JOHN P. PLACE. A person who has been chosen or appointed to a township office, and neglects or refuses to serve, whereby he incurs the penalty imposed by law, can not be again chosen or appointed to such office, or made liable to a second penalty for the second refusal to act. — aywood v. Wheeler, 11 Johns. 432. It is held that an action for the penalty here imposed will not fie except where the township proceed to a new election; that merely neglecting to qualify is not sufficient; the object of the law beingto enforce the performanqe of the duties, and the township proceed to a new election, or appointment, then to exact the penalty.-Winnegar v. Rae, 1 Cowen, 258. 2 Form of Resignation of Officer elected at Township Meeting. To the Township Board of the Township of Bath, in the County of Clinton: I, T. J. Woodman, elected one of the Justices of the Peace in said township, do hereby resign said office, and tender you this my resignation. Dated at Bath, this - day of, 18-. T. J. WOODMAN. Form of Township Clerk's Certificate to copy of foregoing Resignation. Clinton County, s Township of Bath. s I do hereby certify that the foregoing is a true and correct copy of the original resignation of the said T. J. Woodman, now on file in my oeffice. Witness my hand this - day of,18-. WM. M. VAN LENVEN, Township Clerk. DIV. V.] 80 TGw8h Law8 of Michigan. [DIV. V. When office to [549.] SEc. 57. Every township office, including the office become vacant. of Justice of the Peace, shall become vacant, upon the happen ing of either of the events specified in chapter fifteen, as creat mIg a vacancy. Temporary ap- [550.] SEC. 58. Whenever there shall be a vacancy, or when pcertain cases into the incumbent shall, firom any cause, be unable to perform the be made by duties of his office, in either of the township offices, except that Township Board. of Justice of the Peace and Township Treasurer, the Township Board may make temporary appointments of suitable persons to discharge the duties of such offices respectively;1 and such 1843, p. 20. persons, so appointed, shall take the oath of office, or file the notice of acceptance required by law, and shall continue to di charge such duties until the office is filled by election, or until the disability aforesaid be removed. When Town- [551.] SEC. 59. In case the Treasurer of any township shall ship Treasurer to be appointed refuse to serve, or shall vacate hi.s office before comlpleting the by board e duties thereof, or be disabled firom completing the same, by reason of sickness or any other cause, the Township Board shall forthwith appoint a Treasurer for the remainder of the term, who shall give like security, and be subject to like duties and responsibilities, and have the same powers and compensation as the Treasurer in whose place he was appointed, and the Town ship Clerk shall immediately give notice thereof to the County Treasurer; but such appointment shall not exonerate the for mer Treasurer, or his sureties, from any liability incurred by him or them.2 Form of Tempoary Appointment of Ofice by Township Board. To John Jackson, of the Township of laketown, in the County of Allegan: You are hereby appointed a Comrrmissioner of Highways for said Township of Laketown, in place of John Doe, who has resigned, and on becoming qualified as required by law, you will continue to discharge the duties of said office until the same shall be filled by election,. In witness whereof, the persons composing the Township Board of said township have hereunto set their hands this - day of —, 18-. JOHN LUcAS GERRIT RUTGERS, A. J. NEERKEN, J. R. VOORENCAMP, Township Board. 2 Form of Appointment of Treasurer by Township Board. Tuscola County, } Township of Weells, s Whereas; John Jackson, chosen Treasurer of said Township of Wells, has refused to serve (or has vacated his office before completing the duties thereof, or as the case may be). -Now, therefore, we, the Township Board of said township, do hereby appoint Wm. A. Heartt to be Treasurer of said township for the remainder of the term of said office. Dated at Wells, this -day of, A. D. 18-. JAMES WRIGHT, JOSEPH WELLS, ALANSON R. KING, B. A. WRIGRTMA-, Township Board, After the appointment of any person to a township office to fill a vacancy, the 0o Township Laws of Michigan. [DIV. V. Of Townships and Township Q0cers. SUPEPRVISOR. [552.] SEc. 60. The Sulpervisor of each townsip shall prow Supervisor to secute, in the name of the People of this State, or otherwise, as prealtiuetse. for may be necessary, for all penalties and forfeitures incurred within his township, and for which no other officer is specially directed to prosecute. [553.] SEc. 61. He shall, by virtue of his office, be an As- To bean Asses. sor. sessor of his township. 1843. p. 64, ~12. [554.] SEC. 62. The Supervisor shall preserve and keep all Supervisor to books, assessment rolls, and other papers belonging to his office, Peervde books, zn ~~~~etce, aud give and shall deliver the same on demand to his successor in office; copies. and on application of any person, he shall give certified copies of any such papers, or abstracts from any assessment roll or books in his office; and for making any such copies or abstracts, he shall be entitled to receive from the person applying therefor, six cents for each folio; but no such copy, or abstract and 1843, p. 70. certificate, shall be required for less than twelve and a half cents; and such certified copies or abstracts shall be presumptive evidence of the -facts therein continued. [555.] SEc. 63. The Supervisor of each township shall attend To attend Meet. .ngs of Boardi of the annual meeting of the Board of Supervisors of the county, superviBsors.d o and every adjourned or special meeting of such board of which he shall have notice. [556.] SEC. 64. Each Supervisor shall lay before the Board To lay before of Supervisors such copies of entries concerning moneys voted cBooacedrntries to be raised in his township, as shall be delivered to him by the moneys to be ~~Township Clerk. -'~'~'~' -' - raised. Township Clerk. TOWNSHIP CLEREK. [557.] SEC. 65. The Township Clerk of each township shall TownshipClerk have the custody of all the records, books and papers of the teot keep r,ords, etc, of Town. township, when no other provision is made by law; and shall ship. duly file and safely keep all certificates of oaths, and other papers required by law to be filed in his -office, and record such as are required to be recorded therein ie shall also open and keep an account with the Treasurer of his township, and shall charge such Treasurer with all funds which shall come into his hands by.virtue of his office, and shall credit him with all moneys paid out by him on the order of the proper authorities of his township. He shall also open and keep a separate account with each of the several funds belonging to his township, and shall credit each of said funds with such amounts as properly belong to-them, and sliall charge them severally with all, warrants drawn on the Township Treasurer, and payable from said finds-respectively! [558.] SEC. 66. He shall transcribe in the book of recordi rmnutes of of his township the minutes of the proceedings of every town- Towln0ship Meeting. electors can not hold a special township meeting and fill such vacancy by election; the person appointed will hold over untilthe expiration of the time for which his predecess. or was elected.- People v. Van Home, 18 Wend. 515. fAs Amended by Act 66, of 1855, p. 55. DIV. V. ] 81 82 Town8Mp Law8 of Mtciga [DIv. V. ship meeting held therein and he shall enter in such book every order or direction, and all rules and regulations made by any such township meeting. To return to [559.] SEc. 67. TheTownshipClerks,immediatelyafterthe ~Count~0flcko.qaiyin on~ Clerksimeitlafeth c ounyerk. qualifying of any constables, chosen or appointed in their respecnames ofCn stables. tive townships, shall return to the clerks of their respective counties the names of such constables. To give notice [560.] SEC. 68. Each Township Clerk shall, immediately afof election of ter the election of any -Justices' of the Peace in his township, Justices. ian transmit a written notice thereof to the County Clerk, stating therein the names of the persons so elected, and the terms for which they were respectively elected; and if one or more of them has been elected to fill a vacancy, he shall state in such notice who was the last incumbent in the office. To appoint a [561.] SEC. 69. Each Township Clerk shall immediately on deppty ~ duties of deputy.utie entering upon the duties of the office, appoint a deputy, who shall take an oath of office, and file the same with the clerk; and in case of the absence, sickness, death, or other disability of the clerk, such deputy shall perfornm the duties of such'clerk, and receive the same compensation as the clerk would have been entitled to receive therefor.' TOWNSHIP BOARD. Who shall con- [562.] SGc.- 70. The Supervisor, the two Justices of the Bstitute Town Peace, whose term of office will soonest expire, and Township ship Board.I I Clerk, shall constitute the Township Board, any three of whom shall constitute a quorum for the transaction of business.2 When quorum [563.] SEC. 71. oWhen, from any causes there shall not be not present, one three of the officers constituting such board, competent or able of remaining Justices to act. to act, one of the remaining Justices, on being' notified by any member of said bo ard, shallmeet with any members of the board, and shall have the same authority as the other members of the board. Annual Meeting [564.] SEc. 72. The Township Board shall meet annually on o f Townrhip the Tuesday next preceding the annual township meeting to be Board for auditing accounts, held in such' township, for the purpose of auditing and settling etc. all claims against the township; and,'.ty shall state on each ac count the amount allowed by them; and the amounts allowed by them shall be paid by the Treasurer, on the order of the i Form of Appointment of Deputy Township Clerk. To A. R Marvin, of the Township of Dewitt, in the couny of Clinton: I do hereby appoint you as Deputy Township Clerk of said Township of Dewitt, and in case of my absence, sickness, death, or other disability, you will perform the duties of Township Clerk, and receive the same compensation at the clerk would have been entitled to receive therefor. Witness my hand this - day of, 18-. 0O. F. STRICKTAND, Township Clerck. 2 Where all the officers constituting the board of township auditors have met, a majority of themn may decide upon questions coming before them, and their certificate will be valid, although the supervisor has refused to sign it.- Onderdonk v. Supervisors, 1 Hill, 195. 82 Township Laws of Michigan. [DIV. V. Of Townships and Township Officers. board, signed by their clerk, and countersigned by the chairman of the board. [565.] SEc. 73. The said board shall, attheir annual-meeting Settlementwith in each year, examine and audit the accounts of the Township otreuarefferard ' Pother officers. Treasurer, for all moneys received and disbursed by him as,such Treasurer; and they shall also audit and settle the accounts of all township officers, who are authorized by law to receive or disburse any public moneys by virtue of their offices. [566.] SEc. 74. The Township Clerk shall be the clerk of Clerk of Board. such board, and shall keep a true record of all their proceedings in his office. [567.] SEc. 75.:All the accounts audited by such b)oard shall All accounts to be filed and preserved by such clerk, for the inspection of any beod filed, atnd y ~~~~~~~~~~~~poduced at An. of the inhabitants of the township, and shall be produced at the nual Meeting, next annual township meeting, and there read by him, if the same shall be required by the meeting. TREASURIER. [568.] SEc. 76. The Township Treasurer shall receive and DutiesofTreas. take charge of all moneys belonging to the township, or which urer. are by law required to be paid into the township treasury, including all moneys that may accrue to his township on account of non-resident highway taxes, and shall pay over and account 1841, p. 159, ~4. for the same, according to the order of such township, or the officers thereof duly authorized in that behalf; -and shall perform all such other duties as shall be required of him by law. [569.] SEc. 77. Each Township Treasurer, within the time Bond of Treas. limited for filing his oath of office, and before he shall enter urer. upon the duties of his office, shall give bond to the township in such sum, and with such sureties, as the Supervisor shall require and approve, conditioned for the faithful discharge of the duties of his office, and that he will faithfully and truly account for, and pay over according to law, all moneys which shall come into his hands, as such Treasurer; and then Supervisor shall endorse his approval thereon, and file the same in his office.' [570.] SEc. 78. Each Township Treasurer shall keep a just Treasurer tQ and true account of the receipts and expenditures of all moneys keep account of receipts and ex. which shall come into his hands by virtue of his 6ffice, in a book penditnres. to be provided for that purpose at the expense of the township, and to be delivered to his successor in office. 1 Forn of Township Treasurer's Bond. Know all men by these presents, that we, O. F. Strickland, John Jones, and Wm. Jackson, of the Township of Dewitt, in the County of Clinton, and State of Michigan, are held and firmly bound unto said Township 6f Dewitt, in the sum of dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors and administrators, and each of them firmly, by these presents, sealed with our seals, and dated this - day of, A. D. 18-. The condition of this obligation is such that if the above bounden 0. F. Strickland shall faithfully discharge the duties of the office of Township DIV' V.] 83 84 TonhpLw fMih n[I.V To settle with [571.] SEC. 79. On the Teuesday next preceding the annual Township Bownshi P township meeting, he shall account with the Township Board Board. of the township.for all moneys received or disbursed by him. CONSTABLES. Constable to [-572.] SEC. 80. Every person elected or appointed to the give security, 6ffice of Constable, before he enters upon the duties of his office, and within the time prescribed by law for filing his official oath;, shall execute, with sufficient sureties, to be approved by the Su pervisor or-Clerk of his township, an instrument in witing, by which said Constable and his sureties shall jointly and severally agree to pay, to each and' every person who may be entitled thereto, all such sums of money as the said Constable may be come, liable to pay,'on account of any neglect or default of said Constable, in. the service or return of any process that may be delivered to him for service or collectionl 1 Approval and [573.] SEC.81. SuchSupervisoror Township Clerkshall enfilng security. dorse on such inistrument his approbation of the sureties therein named, and shall then cause the same to be filed in the office of the- Townshlip Clerk, and a copy of such instrument, certified Treasurer of said Township of Dewitt, and shall faithfully and truly account for, and pay over, according to law, all moneys which shall come into his hands as su'ch Treasurer, the this obligation to be void; otherwise to remain in full force and effect. In presence of J'OHN DOE. O. F. STRiOKLAND, [. S.] JOHN JONES, [Ln s.} WM JACKSON, [L. S.1 Form of Superisor's A*rs al of Towwnship T,reasurer's Bo. I do approve of th within bond, and the sureties therein named. Dated this — day of-, 18. A. B.1 Supervisor. g As amended by An Act to Amend Section Eighty, of Chapter Sixteen, in Title Four of the Revis,-d Statute, of eighteen hundred and forty-ix. Approved Februay 10, 1855.-Laws of 1855, p. 84. For'm of Instrument by Coastable aid Sureties. William Wiln, chosen (or appointed) a constable in the Township of Bingham, and County of Sanilac, and State of Michigan, and Lewis B'ng and James R. Frank, as his sureties, do hereby jointly and severally agree to pay to each and every person who may be entitled thereto all such sums of money as the said constable may become liable to pay on account of any neglect or default of said constable, in the service or return of any process that may be delivered to him for service or collection. In witness whereof, the said constable and sureties have hereunto set their hands and seals this - day of -, 18-. In presence of WILLIAM WILSON, [L. s.] WK. JACKSON. LEWIs BONELL, [L. S.] WK. JACKSON. LEWIS BON'ELL, [L.. JAMES R. FRANK. [L. S.] No particular form for a constable's bond seems to be necessary; it will be suffi. cient if it cotaiins the substance of the statute. It may be in the form of an agreement or i n that of a bond, and unnecessary recitals will not vitiate it, but will be mere surplus age. Neither tie constable nor his sureties can pbject that it is not under seal.ttor that the sureties had not been approved by the township clerk or supervisor.- Skellznger V. ':andes, 12 Wend, 306. -84 Township -Laws of Michigan. [DIV. V. DIV. v.] Of Town8Mp8 and Townsht'p Officers. 85 by the Township Clerk, shall be presumptive evidence of the contents and execution thereo4 and all actions against a (Constable or his sureties, upon any such instrument, shall be prosecuted within two years after the expiration of the year for which the Constable named therein shall have been elected." [574.] SEC. 82. Constables shall serve all warrants, notices, To serve wars and processes lawfully directed to them by the Township Board, etc. or the Township Clerk, or any other officer, and shall perforI such other duties as are required of them by law. [575.] Src. 83. Any Constable may serve any writ, proces, Constable may or order lawfully directed to him, in any township in his Baerve proeshipa county. inis County. [576.] SEc. 84. Constables shall be ministerial officers of Constables Justices of the Peace, and shall attend upon the sessions of the meir,sterd altoat ters nd Courts. Circuit Courts for their respective counties, when notified for tend ourts. that purpose by the Sheriff. COMMISSIONERS AND OVERSEERS OF )HIGHAYS. [577.] SEC. 85. Every Commissioner of Highways, and every Penalty of Com. Overseer of Highways, having accepted his office, shall, for omissioners ad I 1). ~Overseers of every neglect of the duties of his office, forfeit the sum of ten Highways for dollars. neglect of duty. [578.] SEc. 86. Any of the said Commissioners or Overseers May be indicted of Highways may be prosecuted by indictment, for any defO- f defiiency in ciencyv in the highways within his limits, occasioned or continued by his fault or neglect; and on conviction thereof, may be fined in any sum not exceeding fifty dollars. [579.] SEc. 87. Each of the said Commisioners and Over- Commissioners seers of Highways, befbre entering upon the duties of his office, aof EOa sesto seers ~~~~~~~~~~~~~~~~~of Highwas,bfr, vntedte3o i tie fHgways to and within the time limited by law for filing his official oath, give bond, shall give bond to the township in the penal sum of five hundred dollars in the former, and two hundred and fifty dollars in the latter case, with one or more sufficient sureties, to be approved by the Supervisor, or by thie Township Clerk, conditioned for the faithful performance of'the duties of his office, and the faithful disbursement of all moneys that may come into his hands by vii-tue of his office: Provided,- In the case of the Proviso. Overseer of Highways, the Township Board shall so signify in writing, given under their'hands on the day of the eletion of said Overseer,2 1 Form of Supervisor's or Township Clerk's Approbaiwn of Constable's Sureties. I do approve of the sureties named in the within instrument in writing, this -day of —, 18-. A. B., Supervisor. h As amended by "iAn Act to Amend Chapter Sixteen, Title Fo'ur, Section EightySeven, of the Revised Stat,,tes of eighteen hundred and forty-six." Approved February 16, 1857. —Laws of 1857, p. 384. 2 Form of Bond of Commssioner or Overseer of Highways. Kanow all men ob these presents, that we, John D. Hayes, ames C. I, Luce, and S. M. French, o the Township of Glford, Couty of Tuscola,and State Of Townships and Township Officers. 85 DIV. V.] 86 Tow8h Law8 of Michigan. [DIV. V. Approving and [580.] SEc. 88. The Supervisor or Township Clerk shall enminrj3g bond. filing bond dorse his approval on such bond, and shall cause the same to be filed with the Township Clerk, who shall keep the same in his oletce,+ o~flice.1 missiorners, his Clerk of Com- [581.] SEC. 89. The Township Clerk of each township shall idutiesrs e the Cle rk of the Board of Commissioners of Highways, and shall, under their direction,'record their proceedings in a suit able book, to be provided for him for that purpose, at the expense of his township, and shall keep an accurate account of all orders 1841, p.159, ~ 2 drawn by them on the Township Treasurer, stating the amount nd 3. of each, and'in whose favor the same was drawn; and all books and papers relating to the business of said Commissioners, shall be preserved and kept by him in his office. JUSTICES OF THZE PEACE. Oath ofJustices [582.] SEC. 90. Each Justice of the Peace elected to fill a of the Peace. vacancy, and each Justice elected for a term less than four years, within ten days after notice of his election, and each Jus tice of the Peace elected for the full term of four years, on or before the fourth day of July next after his election, shall take and subscribe his oath of office before some officer authorized to administer oaths, and file, the same with the County Clerk.2 of Michigan, are held and firmly bound to said township of Gilford, in the penal sum of dollars, for the payment of which, welland truly to be made, we bind ourselves, our heirs, executors, and administrators, and each of them, firmly by these presents. Sealedwith our seals, and dated this-day ofA.D. 18-. The condition of the above obligation is such, that if, the above bounden John D. Hayes shall faithfully perform the duties of the office of Commissioner of Highways, for said Township of Gilford (or Overseer of Highways for Dist. No. - in said Township of Gtlford), and sha]l faithfully disburse all moneys that may come into his hands, by virtue of his office of Commissioner of High ways (or Overseer) as aforesaid, then this obligation.to be void, otherwise to remain in full force and effect. JOHN D. HAIES, JAMES C. LucE, S. M. FRENCH. Form of Signification of Township Board requiring Bond of Overseer of Highways. To John D. Hayes, Overseer elect for Road District No. -, in the Township of Gilford: This is to signify to you that your bond with sureties, in pursuance of the statute, is required of you as Overseer of Highways of said District No Dated at Gilford, this -day of,A. D. 18-,. E. B. HAYS, HAMILTON HOBART, E. BATTELLE, JOSEPH SPENCER Township Board. 1Form of Supervisor or Townshp Clerk's Approval of forgoing Bod. I do approve of the within bond, and the sureties upon the same, this - day of 18-. A. B., Supervisor. 2 The form of oath of office of justice of the peace will be the same as that of township officer. See ante, page-, being the same as that prescribed by the Constitu. tion, which is uniform for all officers. 86 Township Latws of Michigan. [DIV. V. [L. S.] (L...] [ L. S.] DIV. V.] Of TOw8hIpS ad TOw8hIp Officers. 87 [583.] SEC. 91. Each Justice of the Peace, before he enters Justices to give upon the duties of his office, and within the time limited by law security. for filing his official oath, shall execute, in the presence of the Supervisor of his township, or of the County Clerk, with one or more sufficient sureties, to be approved of by such Supervisor or County Clerk, an instrument in writing, by which such Justice apd his sureties shall jointly and severally agree topay to each and every person entitled thereto, all such sums of money as such. Justices shall become liable to pay, for, or on account of any money which may come into his hands as a Justice of the Peace, upon demand thereof made by such per. son, his agent or attorney.1 [584.] SEc. 92. Such Supervisor or County Clerk shall en- Approval of dorse on such instrument his approval of the sutreties therein sfuregies and, e filing of insmrunamed, and such Justice Shall then cause the same to be filed ment. in the office of the County Clerk, and a copy of such instrument, certified by such clerk, under his hand and seal, shall be presumptive evidence of the' contents and execution thereof.' [585.] SEc. 93. If anY Justice of the Peace shall fail to When and how comply with such agreement, it shall be competent for any per-Justice and ysureties may be son to'whom such Justice shall have become liable by reason sued, etc. of such failure, -to sue such Justice and -his sureties, or any of them, in assumpsit, and to declare against them generally;' for money had and received to the use of the plaintiff, and if the plaintiff on the trial of such suit, shall establish his right to recover, he shall have judgment for principal, interest, and costs. [586.] SEc. 94. If any Justice of the Peace shall enter Penalty for en-' upon the execution of his office before having filed his official treffing upon his without oath, or such agreement as aforesaid, as required by law, he filing oath, etc. shall forfeit the sum of one hundred dollars. COMPENSATION TO TOWNSHIP OFFICERS. "? i. [587.] SEC. 95. The following township officers shall be Compensation entitled to compensation, at the following rates, for each day off ertainTown.rf ship on ers forice certain services,, 1 Form of Instrument by Justwices and Sureties. E. Stephenson, being elected a Justice of the Peace in the Township of Ionia, and State of Michigan, and William Kitts and L. S. Jenks, as his sureties, do herebyj jointly and severally agree to pay to each and every person entitled thereto all such sums of money as such justice shall become liable to pay for, or on account of any money which may come into his hands as a justice of the peace, upon demand thereof, made by such person, his agent, or attorney. An witness whereof, said justice and sureties have hereunto set their hands and seals this - day of, A.D. 18-. Executed in presence of E. STEPHENSON, [L. 0]. JoEN P. PLACE. EWILLIAM KITTS, [L. S.] JOHN P. PLACEd. WILLIAM KITTS, [L. S.] L,.S JENK5. [L. S ] 1 Form of Supervisor or Counaty Clerk's Approval of Justices' Sureties. I do approve of the sureties named in the within instrument, this -day of, 18-. JOHN 0. DEXTER, Supeirisor. DIV. -V.] Of Townshi' d Townshi .p,s an _p Oficers. 81 88Tw-i aso ih ~ ~ [I.V actually and necessarily devoted by them to the service of the township, in the duties of their respective offices, to be verified by affidavit in all cases: 1. The officers composing the Township Board, Assessors, Inspectors of Election, Clerks of the Poll, Commissioners of Highways, School Inspectors, and Directors of the Poor, one 81,01 p. 27, ~S. dollar a day, and at the same rates for parts of a day.; 18, p.70, ~2 2. The Township Clerk, as Clerk of the Board of'Commis sioners of Highways, of the Township Board, and of the Board of School Inspectors, one dollar a day, and at the same rates for parts of a day; but no township officer shall be entitled to pay for acting in more than one capacity at the same time. Comipensation [588.] SEc. 96. For services not,otherwise provided for by for other ser- law, rendered to townships by township officers in the duties of v their respective offices, the Township Board shall audit and allow such compensation as they shall deem reasonable. TOWNSHIP BUSINESS, OTHER THAN ELECGRIONS. Modeator of [589.] SEC. 97. In the transaction of any business other TownushipMeet-than the election of officers in any township meeting, the ing. Supervisor, if present, shall be the Moderator of the meeting; and if he shall not be present, any other of the Inspectors of Election, excepl)t the clerk who shall be/designated by the In spectors present, shall be the Moderator; or the meeting, under the direction of the Inspectors present, may elect, viva vote, a lModerator of the meeting. Powers and du. [590.] SEc. 98 The Moderator shall preside in, and reguties of Moder- late the proceedings of the meeting; he shall decide all ques ~atr. tions of order, and make public declaration of all votes passed; and when any vote so declared by him shall immediately upon such declaration be questioned by seven or more of the voters, he shall make the vote certain by polling the voters, or dividing the meeting, unless:the township shall, by a previous vote, or by -their by-laws, have otherwise provided. Ibid. [591.] SEC. 99. No person shall address the meeting before permission obtained of the Moderator, nor while any other person is speaking by his permission; and all persons at such meeting shall be silent at the request of the Moderator. Iisorderlv.on- [592.} SEC. 1OO. If at any township meeting any person duct at Town shall conduct himself in a disorderly manner, and, after notice ship Meetings. friom tie Moderator, shall persist therein, the Moderator may order him to withdraw from the meeting; and on his refusal, may order the constables, or any other persons, to take him into custody until the meeting be adjourned. Penalty for dis [593.] SEC. 101. Any person who shall refuse to withdraw regarding order from such meeting, on being ordered by the Moderator to do of oderator. so as provided in the preceding section, shall, ifor every such offence, forfeit a sum not exceeding twenty dollars. .[DIV. V. 88 Township Laws qf Michigan. Of Townships and Town7hsip Qgcers. QUALIFICATIONS OF VOTERS AND OFFICERS. [594.] SEC. 102. Each inhabitant of any township, having Whomayvoto, the qualifications of an elector, as specified in the Constitution challenges. of this State, and no other person, shall have a right to vote on all maters and questions before any township meeting, and when any person claiming the right to vote shall be challenged by a voter, the Moderator shall proceed in the same manner as on challenges at the election of township officers.1 [595.] SEc. 103. No person, except an elector as aforesaid, Eligibilityto of. shall be eligible to any elective office contemplated in thisfle chapter. Anl Act to Amend Chapter Sixteen of the Revised Statutes of Eighteen Hundred and Forty-Six. [Approved April 3, 1848. Laws of 1848, p. 253.] [596.] SECTION 1. Be it enacted by the Senate and IHOuse Supervisor;to of Rep-esen?tatives of the State of Michigan, That the SU- be agent for hin Of ~~~~~~~~~~~~~~~~~~Township, pervisor of each township shall be the agent for his township, for the transaction of all legal business, by whom suits may be brought and defended, and upon whom all processes against the township shall be served. SEC. 2. This act shall take effect and be in forqe from and after its passage. An Act to Authorize Township Boards to raise Money in certain cases, to defray Township Expenses. [Approved AfIarch 31, 1849. Laws of 1849, page 244.] [597.] SECTION 1. Be it enacted by the Senate and ILouse Township of Representactives of the State of Michigan, That whenever Boards to raiseo money for town the qualified electors of any township, at the annual township purposes when meeting, shall neglect or refuse to vote such sum or siums of ing haveneg. money as may be necessary to defray the ordinary township letedto dose expenses, the Township Board of any such township is hereby authorized, at any regular meeting, to vote such sum or suins as may be necessary for that purpose, not exceeding such amounts as are, or may be limited by law. SEC. 2. This act shall take effect and be in force from and after its passage. 1 See ante. page 14, title "ELECTIONS "; where will be found the qualiflcations of a Elector as prescribed by the Constitution. bDIV. V.] 89 f t' IG 90 Township Laws of lifichigan. [DIV. VI DIVISION VI.- OF THE DIVISlON OF TowNsHtIPs. 246. Chapter Seventeen of Revised Statutes of 1846. Disposition of [598.] SECTION 1. When a township seized of lands shall be lanson divi-divided into two or more townships, the Township Boards of Bion of Town-ide ship, and appor- the several townships constituted by such division, shall meet tionmient of protonmentefpro. as soon as may be after the first township meetings subse. quently held in such townships, and when so met, shall have power to make such agreement concerning the disposition to be made of such township lands, and the apportionment of the proceeds in case of a sale thereof, aschey shall think equitable, and to take all measures, and execute all conveyances which may be necessary to carry said agreement into effect. Proceedings on [599.] SEC. 2. When a township shall be altered in its a~lteration on 'Township.n limits, by annexing a part of its territory to another township, or townships, the Township Board of the township from which such territory shall be taken, and of the township, or town ships to which the same shall be annexed, shall, as soon as may be after such alteration, meet for the purpose, and possess the powers provided in the preceding section. no agreement [600.] SEC. 3. If no agreement for the disposition of such is mde landsshlbemdbyt is madeands lands shall be made by the Township Boards within six months o eo. after such alteration or division, then the Township Board of each township in which any portion of such lands shall lie, shall proceed, as toon as may be thereafter, to sell and convey such part of said lands as shall be included within the limits of such township; and the proceeds arising from such sale shall be apportioned between the several townships interested therein, by the Township Boards of all such townships, according to the amount oftaxable property in the township divided or altered, as it existed immediately before such division or alteration, to be ascertained by the last assessment roll of such township. howneYpoetcio.;n [601.] SEC. 4. When a township possessed of; or entitled ed in case of di- to, money, rights and credits, or other personal estate, shall be vision, etc. So divided or altered, such moneys, rights, credits and personal estate, including moneys belonging to the township, in the hands of township officers, shall be apportioned between the townships interested therein' by the Township Boards of such townships, according to the rule of apportionment above pre scribed; and they shall meet for that purpose as soon as may be after the first township meetings subsequently held in such townships. Meeting of [602.] SEC. 5. Whenever a meeting of the Township Boards Town~shi Boards, iow of two or more townships shall be required, in order to carry called into effect the provisions of this chapter, such meeting may be called by either of the Supervisors; but the Supervisor calling the same shall give at least six days' notice in writing to all the [DIV. VI. 90 Township Laws of Michigan. Of the Division of Townships. other officers, of the time and place at which such meeting is to be held.' [603.] SEC.'6. The preceding sections of this chapter shall Qualification of precedin~g secnot apply to any cemetery or burying grounds belonging to a t)recedins township; but the same shall belong to the township within which it may be situated, after a division shall have been made. [604.] SEc. 7. Debts owing by a township so divided o0 Debts,howapaltered, shall be apportioned in the same manner as the personal portioned. property of such township; and each township shall thereafter be charged with, and pay its share of the debts, according to ilch apportionment. 'Form of Notice of Request by Sup,rvisor of Jfeeting of Township Board for Disposition f Property. To A. B., Esq., one of the Township Board of the Township of M You are hereby notified that I have requested a meeting of the Township Boards of the townships of L and M, for the purpose of making an agreement concerning the disposition and apportionment of the property of the former township of L, pursuant to the statute in such case made and provided, said township having been divided, and the township of M, created thereby; which meeting will be held on the - day of - 18-, at 9 o'clock in the forenoon, at, in said township of L Dated at L, this -of, 18-. C. D Supervisor of the Township ef ~-. DIV. VI.] 91 92 Town8h Laws of }JJichigan. [DIV. VII. CoMtp. L. 1857. DIVISION VII. - OF FENCES AND FENCE VIEWERS; OF Chap. XIV. p.-. POUNDS AND THE IMPOUNDING OF CATTLE.' 248. Chapter Eighteen of Revised Statutes of 1846. FENCES AND FENCE VIEWERS. What consti- [605.] SECTION' 1. All fences four and a half feet high, and feutee lawful in good repair, consisting of rails, timber, boards, or stone walls,' or any combination thereof, and all brooks, rivers, ponds, creeks, ditches and hedges, or other things which shall be con sidered equivalent thereto, in the judgment of the Fence View ers within whose jurisdiction the same may be, shall be deemed legal and sufficient fences. Partition fences, [606.] SEC. 2. The respective occupants of lands enclosed howmaintain- with fences, shall keep up and maintain partition fences beed. tween their own and the next adjoining enclosures, in equal shares, so long as both parties continue to improve the same.1 Proceedings it [607.] SEC. 3. In case any party shall neglect to repair or case ofneglectto rebuild any partition fence, which of right be ought to maintain, repair or the aggrieved party may c omplain to two or more Fence View ers of the township, who, after due notice to each party, shall proceed to examine the same; and if they shall determine that the fence is insufficient, they shall signify the same in writing to the delinquent occupant of the land, and direct him to repair or rebuild the same within such time as they shall judge reason able; and if such fence shall not be repaired or rebuilt accord ingly, it shall be lawful for the complainant to repair or rebuild the same.2 lIt is held, that any person occupying land, and interested in the making and maintaining a division fence, be his estate or interest in the premises what it may, is entitled to avail himself of the provisions of the iStatute in reference to division or partition fences; the remedy is not limited to the owner of the fee. Bronk v. Becker, 1lY Ward 320. It is held, in Wisconsin, where the law in relation to partition fences is the same as in Michigan, that the provisions of the Statute in relation lo fences and fence viewe rs, does not apply to ornamented partition fences between town, village, or city lots; nor does it prohibit parties from contracting for building such fences. The fences contemplated by the chapter of the Statute, in relation to fences and fence viewers, are the ordinary fences of the country, built upon, or inclosing agricultural lands. Brooks v. Allen, 1 Wis., R. 127. 2 Form of Determination of Feace- Viewers Directing Delinquent Occupant to Repair Fence. To A. B., of the Township of Carmel and County of Eaton: The undersigned, two of the fence-viewers of said township of Carmel, upon complaint made to us by C. I)., of said township, after due notice to each party, have examined the partition fences on the line of lands occupied by you the said A. B., and the said C. D., in said township, being upon the line which divides sections one and two (describe the line with reasonable certainty) and have determined that the portion thereof which of right you the 92 Township Laws of MJichigan. [DIV. VIi. Of Fences and Fence Viewers, &c. [608.] SEC. 4. When any deficient fence, built up or re- RemedyofCompaired by any complainant as provided in the preceding section, plainant for reshall be adjudged sufficient by- two or more of the Fence pairs, etc. Viewers, and the value of such repairing or building up, together with their fees, shall be ascertained by a certificate under their hands, the complainant shall have a right to demand, either of the occupant or owner of tle land where the fence was deficient, double the sum so ascertained; and in case of neglect or refusal to pay the sum so due, for one month after demand thereof made, the complainant may recover the same, with interest, at one per cent. a month, in an action'for money paid, laid out and expended.1 [609.] SEc. 5. When any controversy shall arise about the In case of conrights of the respective occupants, in partition fences, or their troversy, Fence I Viewers to asobligation to maintain the same, either party may apply to sign. two or more eThnce Viewers of the township where the lands said A. B. ought to maintain being the South half (describe the portion) of the same is insufficient. You are therefore directed to repair your said portion of such fence within - days from this date. Dated this - day of, A. D. 18-. E. F. ' E. F. G. H. Fence- Viewers. NoTs.-The complaint to the fence-viewers, and notice to parties, is' not required to be in writing; the notice can be given verbally by some disinterested person by whom the fact call be afterwards proved, should it be called in question. 1 Forrn of Certicate of Fence- Viewers, ff the Value of Repairing or Build ng Partition Fence. Lenawee County, ) Township of -Dover. ss Complaint having been made to us, the undersigned, two of the fence-view ers of the said township of -Dorer,by A. B., that C. D. had neglected to iepair (or rebuild) that portion of the partition fence on the line of lands occupied by them, in said township, which the said C. D. of right ought to maintain. We did proceed to examine said fence, and did thereupon determine that the portion thereof which of right ought to be maintained by the said C. D., being (describe the portion o. fence in question) was insufficient, and did, upon such determination, direct him, the said C. D., to repair (or rebuild) said portion of such fence, within - days from the date of such, our determination being on the - day of, 18-; and it appearing to us that the said C. D. has not repaired (or rebuilt) his proportion of said fence, as directed by us; but that after the time limited for repairing ( cr re-building) the same by the said C. D., the said A. B. did repair [or rebuild] that portion of said fence which the said C. D. ought to maintain. Now, therefore, on the application of the said I. B., and on due notice to both parties, we the undersigned, two of the fence-viewers of the said town ship of Dover, having met and examined said fence, have determined and adjudged, that the proportion of said fence, so directed to be repaired [or rebuilt] by the said C. D., has, on his default, been repaired [or rebuilt] by the said A. B., and that the same is now sufficient, and we certify that the value of such re,xairing [or building up] is - dollars, and that our fees are- dollars. Given under our hands, at, this - day of., 18-. E. F. G. H. Fence-Viewers. .1 93 I)IV. vii.] 94 Tow8hip Law8 Of zcIigan.. [DIV. Vii. lie, who, after due notice to each party, may in writing assign to each his share thereof, and direct' the time within which each paity shall erect or repair his share of the fence in the manner before provided; which assignment, being recorded in the Township Clerk's office, shall be binding upon the parties, and upon all the succeeding occupants of the lands; and they shall be obliged always thereafter to maintain their respective portions of said fence. In case of ne- [610.] SEc. 6. In case any party shall refuse or neglect to glect, etc., party erect and maintain the part of any fence assigned to him by erecting and maintainiand the fence Viewers, the same may be erected and maintained fence entitledto by the aggrieved party, in the manner before provided; and double the ~ value. he shall be entitled to double the value thereof, ascertained in the manner aforesaid, and to be recovered in like manner. When occupant [611.] SEC. 7. When, in any controversy that may arise to pay for por- between occupants of adjoining lands as to their respective tion of fence assignedtohim. rights in any partition fence, it shall appear to the Fence Viewers that either of the occuppants had, before any com plaint made to them, voluntarily erected the whole ifece, or more than his just share of the same, or otherwise become proprietor thereof; the other occupant shall pay for so, much as may be assigned to him to repair or maintain, the value of which shall be ascertained and recorded in the manner pro vided in this chapter. Partition Fences [612.] SEC. 8. All partition fences shall be kept in good to brepaired repair throughout the year, unless the occupants of the lands through the on both sides shall otherwise mutually agree. year. 'Form of writing Assigning to eack Occupant his share of Partition Fence. Branch. County, Township of Girard.' Whereas, X controversy having arisen between A. B. and C. D., adjoining occupants of lands in said township, in relation to their obligation to maintain (or build) the partition fence between their said lands; now, therefore, upon the application of the said A. B. to us, the undersigned, two of the fenceviewers of said township of Girard, and after due notice to each party, we have, and do assign to each party, the repairing [or erecting] of said partition fence as follows: [here describe the fence assigned to each occupant particularly] and we do direct that each party shall repair (or erect) his share of said fence, as above assigned to him, within- days from the date hereof. Given under our han-s,,at Girard, this - day of,18 —. E. F., G. H., Fence- Viewers. , Where either party has voluntarily erected more than his own proportion of a partition fence, the fence-viewers may assign the portion to be thereafter repaired or maintained by each, and may asce -tail the value of that portion of the fence which has been voluntarily erected by the party, beyond his just proportion thereof. But here the power of those officers in that behalf ceases. But the fact of paymelt or non-paymenrt of the value so ascertained, the' fenceviewers cannot try or leterminre. 1On suit brought to recover the value of the fence so ascertained by the fence-viewers, the defendant may prove payment made either before or after the award of the feLce-viewers.-Butler v. Barlow, 2 Wis. R. 94 Townshilp Laws of Michiganz.. [DIV. VII. Of Fences and Fence Viewers, &c. [613.] SEC. 9. When lands of different persons, which are When lands required to be fenced, are bounded upon, or divided by, any dibounded oyrve divided by river, river, brook, pond or creek, which of itself, in the judgment etc., and parties of the Fence Viewers, is not a sufficient fence, and it is, in disagreer may, their opinion, impracticable, without unreasonable expense, had. for the partition fence to be made in such waters, in the place where the true boundary line is, if in such case the occupant of the land on the one side shall refuse or neglect to join with the occupant of the land on the other side in making a partition fence on the one side or the'other, or if such persons shall disagree respecting the same,.then two or more Fence Viewers of the township wherein such lands lie, on application to them made, shall forthwith proceed to view such river, brook, pond or creek. [614.] SEc. 10. If such Fence Viewers shall determine such Proceedings of river, brook, pond or creek in the preceding section men- FenPe Viewers tioned, not to answer the purpose of a sufficient fence, and that it is impracticable, without unreasonable expense, to b'uild a fence on the true boundary line, they shall, after giving notice to the parties, determine how, or on which side thereof the fence shall be set up and maintained, or whether partly on one side and partly on the other side, as to them shall appear just, and shall reduce such determination to writing, and sign the same; and if either party shall refuse or neglect to make and maintain his part of the fence, according to the determination of the Fence Viewers, the same may be made and maintained by the other party as before provided in this chapter, and the delinquent party shall be subject to the same charges and costs, to be recovered in like manner. Form of Deterpiinatie,, cf Fence-Viewers Wihere Lands are Divided by Rliver, Brook, Pond, or Creek. . Monroe County, s. Township of Raisinville. Application having been made to. us, two of the fence-viewers for said township of Reisinville, on the —day of, 18 —-, by A. B., of said townsnip, to view the boundary between the land of the said A. B. and C. D., lying in said township, described as follows: (describe the lands of each person in question with reasonable certainly). The River Raisin being the boundary between said lands, and it being represented to us that the said A. B. and C. D. disagreed respecting a division fence upon the boundary line aforesaid, (or as the case may be), we did on the - day of, 18-, proceed to view said river, and, in our judgment, said river is not of itself a sufficient fence, and it is, in our opinion, impracticable, without unreasonable expense, for the partition fence between the lands aforesaid to be made in such waters, in the place where the true boundary line is, and it appearing to us that said A. B. and C. D. could not agree respecting a division fence upon said boindary, and after giving notice to said parties, we do determine that said partition fence shall be set up and maintained upon the north side of said river, (or as the determination may be). Witness our hands this - day of, A. D. 18 Fence- Viewers. :Fence- V~iewers. DIV. VII.] 95 Township Laws of Michigan. When lands [615.] SEc. 11. When any lands, belonging to different oeverdt ie persons in severalty, shall have been occupied in common, severalty -ave beenoccupiedin without a partition fence between them, and one of the occucommon, any occ-annt may pants shall be desirous to occupy his part in severalty, and ].avlinesdivid- the other occupant shall refuse or neglect, on demand, to divide with him the line where the fence ought to be built, or to, build a sufficient fence on his part of the line when divided, the party desiring it may have the same divided and assigned by two or more Fence Viewers of the same township, in the manner provided in this chapter. Tnen Viewers' [616.] SEc. 12. Upon the division and assignment as provi nay assign time ded in the preceding section, the'Fence Viewers may, in fene; conse- writing, under their hands, assign a reasonable time for making nlecto the fbnce, having regard to the season of the year, and if either party shall not make his part of the fence within the time so assigned, the other party may, after having completed his own part of the fence, make the part of the other, and recover therefor double the ascertained expenses thereof, together with the fees of the Fence Viewers, in the manner provided in this chapter." When partition [617.] SEc. 13. When one party shall cease to improve bs fence not to be removed. land, or shall open his enclosure, he shall not take away any part of the partition fence belonging to him and adjoining the next enclosure, if the owtier or occupant of such adjoining enclosure will, within two months after the same shall be ascertained, pay therefor such sum as two or more Fence Viewers shall, in writing under their hands, determine to be the value of such partition fence belonging to such party.2 1 Form of Assignment by Fence- Viewers of a time for making Partition Fence. Hillsdale County, Township of Adams. s The undersigned, two of the fence-viewers of said township of Adams,, having divided the line between the lands belonging to A. B. and C. D., in in said township, described as follows: (describe the lands of each person withreasonable certainty), said lands having been heretofore occupied by said persons in common; and having in writing dated the - day of,18-, assigned to -aid A. B. and C. D., each their share of fence to erect on said line as follows: (here set the assignment). We, the said fence-viewers, ao now as — sign to said A. B and C. D., until the - day of, 18-, within whicla each is to-make his respective share of said partition fence. Given under our hands this - day of, 18 —. E. F., G. H1, Fence- Viewers. 2 Form of Determination of Fence- Viewers of Value of t'artition Fence. Ingham Countv, S Township of Bunker Hill. s We, the unidersigned, two of the fence-viewers of said township of B~unker Hill, do estimate and determine the value of that portion of the partition fence, on the line between the land of A. B. and C. D., in said township, de_ % 96 [IVl. VII. Of Fences and Fence Viewers, &c. [618.] SEc. 14. When any uninclosed land shall be after- When occupant wards enclosed, the occupant or owner thereof shall pay for owner to pay one half of -par, one half of each partition fence standing upon the line tition fence, etq. between his land and the enclosure of any other occupant or owner, and the value thereof shall be ascertained by two or more Fence Viewers of the township, in writing, under their hands, in case the parties do not agree; and if such occupant or owner shall neglect or refuse, for thirty days after the value has been so ascertained and demand made, to pay for one half of such partition fence, the proprietor of such fence may maintain an action in the form aforsaid, for suchvalue, and the costs of ascertaining the same.' [619.] SEc. 15. In all cases where the line, upon which a When a Fenoe partition fence is to be made, or to be divided, is the bound- Viewer to bh taken from each ary line between townships, or partly in one township and Township, partly in another, a Fence Viewer shall be taken firom each township. [620.] SEc. 16. Where a partition fence running into the Fences running water is necessary to be made, the same shall be done in equal into water. shares, unless otherwise agreed by the parties, and in case either party shall refuse or neglect to make or mairntain the share belonging to him, similar proceedings shall be had, as in case of other fences, and with the like effect. [621.] SEc. 17 In all cases where the line; upon which a whenlineofun. partition fence is to be built between unimproved lands, has idirdivdedwhnltdos been divided by the Fence Viewers, or by agreement in erect fences, writing between the owners of such lands, recorded in the etc. office of'the clerk of the township, or of one of the townships scribed as follows: (describe the fence), belonging to said C. D., to be dollars. Given under our hands this - day of, A. D. 18-. E. F., G. H., Fence- Viewers. WVhere a party removes a partition fence without having previously given the required notice, the party injured thereby is not limited to a suit for the recovery of actual damages sustained in consequence of such removal, but may make the fence anew and recover the expense thereof by action. If actual damages are sustained, as the loss of a crop for instance, caused by the removal of the fence, an action for the recovery of such damages, as well as a suit to recover the expense of making the fence, may be sustained.-Richardson v. McDougall, 11 Wend. 46. Form of Writing by Fence Viewers, ascertaining Value of Partitio4 Fencc, where uninclosed Lands become inclosed. Cass'County, Township of Calvin. ss. We, the undersigned, two of the fence viewers of said township of Calvin have ascertained and do estimate the value of one half of the partition fence, on the line between the land of A. B. and 0. D., in said township, described as follows (describe thefence or land, as most convenient), to be dollars. Given under our hands, this -day of, A. D. 18-. E. F. G. H. Fence Viewers. DIV. VII.] 97 Township Laws of MIichigan. where such lands lie, the several owners thereof, and' their heirs and assigns forever, shall erect -nd support said fences, agreeably to such division.' Notice on deter- [622.] SEC. 18. If any person shall determine not to improve rination notd to any part of his lands adjoining any partition fence that may improve lands, have been divided according to the provisions of this chapter, and shall give six months' notice of such determination to all the adjoining occupants of lands, he shall not be required to keep up or support any part of such fence during, the time his lands shall lie open and unimproved.2 Who to be [623.] SEC. 19. The Overseers of Highways of the several Fene Viewers. townships in this State, shall be Fence Viewers in their respective townships. Penalty for [624.] SEC. 20. Any Fence Viewer, who shall, when neglect.vewayfneort rneglect. equested, unreasonably neglect to view any fence, or to perfbormn any other duty required of himn in this chapter, shall forfeit the sum of five dollars, and shall also be liable to the party injured Lfor all damages consequent upon such neglect. I Formn of Agreement to divide and Miaintain a Partition Fence between Owners of adjcining Lands. This agreement, made this - day of, A. D. 18-, between A. B., of the townshlip of Brown, in the county-of Branch, and State of Michigan, of the one part, and C. D. of the same township, of the other part, witnesseth, that whereas the said A. B. has heretofore erected a fence on the division line between his lands and the lands of said C. D. in said township, which said fence commences at [describe the line offentce] and whereas, after the erection of said fence, the said C. D. enclosed a lence on the east side of said division line, so that sixty rods of said fence, commencing at, &c. (describe the portion of fence) has become and now is a partition fence between the respective fields of the said A. B. and C. D.; and whereas the said C. D. has paid to said A. B. dollars, being in full for one lalf of the value of said sixty rods of fence, - it is thrliefore agreed,in consideration of the premises between the said parties, that the thirty rods of fence on the north part of said sixty rods, being the north half thereof shall be well and sufficiently maintained and kept in repair by the said A. B. and the remainder of said sixty rods shall be kept in like repair by the said C. D. In witness wheieof, the said parties have hereunto set their hands and seals the day and year first above written. In presence of A. B., [L. s.] E.F. C.D., rL. s.] Whcre a dispute arises as to the proportion of a fence to be maintained by each party, it may be settled by the fen&e-viewers, even'where there has been an agreement on the subject.-Burger v. Koetnight, 4 Johns 414. The decision of the fence-viewers as to the proporton of fence of each party, is not necessary where there is no dispute between them.- i-illoughby v. CarltUn, 9 Johns 136. 2Form of Notice of Deternmination nct to inmp ore Lands adjoining Partition Fence. To Mr.A B. Sir: You will take notice that I have determined not to improve any part of my lands adjoining the partition fence, between our adj6ining lands in the township of Barry, and county of Barry, said partition fence being the same fence divided by E. F. and G. H., two of the Fence Viewers of said township (or by agreement), in writing, bearing date the -day of, A. D. 18-. C.D. 98 [DIV. VII. Of Fences and Fence Viewers, &c. [625.] SEC. 21. Each Fence Viewer shall be paid by the Compensation person employing him, at the rate of one dollar a day for the orfsFence View. time he - shall be so employed; and if such person shall neglect to pay the same within thirty days after the service shall have been performed, each Fence Viewer having performed any such service may recover, in an action of assumpsit, double the amount of such fees. I POUNDS, AND IMPOUNDING CATTLE. [626.] SEC. 22. Each township may, at its own expense, and Township to in such places therein as the electors shall direct, provide and provide and maintain maintain one or more sufficient Pounds, in which swine, sheep, Pounds. horses, asses, mules, goats, and neat cattle may be restrained, and kept from going at large contrary to law, or to any by-law of such township. [627.] SEC. 23. If any person shall wilfully injure any Pound Punishment for maintained by any township, he shall be deemed guilty of a ipnjuryto misdemeanor, andonl conviction thereof; shall be punished by oIds. a fine not exceeding fifty dollars, or by imprisonment in the county jail not exceeding ninety days, at the discretion of the Court. An Act to Provida Against the Recovery of Dam.,ess done by Beasts on Lands which are not Enclosed by a Lawful Fence. [Approved March_17, 1847. Laws of 1847, p. 181.] [628.] SECTrIoN 1. Be it eactecl by the Senate and Jie use of Damages not to PRepresentcatives of the State of _icTiqaziy, That no person shall ber recovered ~f for trespass on be entitled to recover any sum of money in any action at law lands not enlo. for damages done upon lands by any beast or beasts, unless in Fed be lawful cases where, by the by-laws of the proper township, such beasts are prohibited from running at large, except in cases where such lands are enclosed by a fence of the same height and description as is required by the provisions of section one, 2Mich. Rep nOl7293ic. Repo. chapter eighteen of the Revised Statutes of eighteen hundred 293. 3 do.lman and forty-six. 139. SEc. 2.2 SEC. 3. This act shall take effect and be in force from and after its passage. a Repealed by Act 184 of 1849, p. 228. The Section was, "No Person shall Recover in any action at Law for Trespass on Lands any more costs than the amount of judgment rendered in such case." DIV. VII.] 99 6 s...).. *... * w ~ 1 Township Laws of MIichigan. Coup. L. 1857. DIVISION VIII. -OF TAKING THE CENSUS AND STATISTIC. Chap. XV.p. OF TE STATE. 254. OF THE STATE. An Act to Provide for Taking the Census and Statistic of this State. [Approved Feb. 9, 1853. Laws of 1853, p. 60.1 Duty of Super- [629.] SECTION 1. The People of the State of Michigan enact visors to take Census and That it shall be the duty of the' Supervisor of each township Statistics. and ward, and Assessor of each assessment district, at the time of taking a list of the taxable property, or between the first Monday of April and third Monday of May, in the yeai one thousand eight hundred and fifty-four, and every ten years thereafter, to go to every dwelling house in their respec tive township, ward or assessment district, and by personally inquiring of the head of every family, or some competent person, to ascertain and take an enumeration of all the inhabi tants therein (except uncivilized Indians belonging to some tribe), in the following order, to wit: The names of all males of the age of twenty-one years and under forty-five (designa ting the nlarried from the unmarried); the names of those oi forty-five and under seventy-five; the names of those of seventy five and under ninety; the names of those of ninety and under one hundred; and the names of those over one hundred; the number of females of the age of eighteen years and under forty (designating the married fiom the unmarried); the number of the age of forty and under seventy-five; the number of the age of seventy-five and over; the number of children under the age of five years; the number of the age of five and under ten (designating the males from the females); the number of males of the age of ten and under twenty-one; and the number of females of the age of ten and under eighteen; the number of colored persons; the numnber of blind; the number of deaf and dumb; and th. number of insane persons and idiots; the number of marriages, and the number of deaths the preceding year, as near as can be ascertained; and the occupation or profession of all males over twenty-one years of age. Duty of Super- [630.] SEC. 2. And it shall also be the duty of the Supervisor vesors tand taks- and Assessors of each city and township, at the time mentioned sessors to take. Census and Sta- in the preceding section for taking the Census of his township tics. or ward, to ascertain and set down in a table prepared for that purpose, the whole number of acres of taxable land; the whole number of acres of land owned by individuals or com panies; the number of acres improved; the number of acres sowed with wheat then on the ground; the number of acres and the number of bushels of corn harvested the preceding 100 [DIV. VIIT i-,..: i, ii I . i. ii.. 4.:'il, li , ii 6;j IV. VII[.] 0/ Takiny the Uensu~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~, &C 101~~~~~~~ ear; the number of acres harvested and the number of bushels f wheat raised the preceding year; the number of bushels of 1 other kinds of grain; the number of bushels of potatoes; id the number of tons of hay the preceding year; the numIr of sheep, and the number of pounds of wool sheared the — eceding year, and the number of sheep; the number of mine over six months old; and the number of pounds of pork arketed; the number of neat cattle (other than oxen and ws), one year old and over; the number of horses one year d and over; the number of mules; the number of work Ken, and the number of milch cows; the number of pounds butter and cheese made the preceding year; the number of )unds of sugar manufactured.the present year; the number pounds of peppermint oil manufactured the preceding year; -e number of flouring mills, the number of runs of stone in ch; the number of barrels of flour made by each the preceding -ar; and the number of oil mills, and the number of gallons oil made the preceding year; the number of breweries, the imber of barrels of beer made the preceding year; the nunm-:r of distilleries, the number of gallons of liquor made the eceding year; the number of gallons of wine made the eceding year; and the number of barrels of cider made the eceding year; and the number of barrels of fish caught e preceding year, and the amount of capital invested; the 'mber of saw mills, the number *f feet of lumber sawed , each the preceding year, and the amount of capital invested; e number and kind of manufactories; the number df persons .,ployed; the amount of capital invested; and the value of e products for the past year; designating the number of ;d mills and factories operated by steam, and the number water power; the number of mines worked; the amount capital invested, and the number of men employed, speciing the kind of mineral, the aggregate quantity in pounds, d its valuation at the place of mining, the amount of capital vested, and the number of men employed; and the value of the marchandize imported the preceding year for the .rpose of sale. [631.] SEc. 3. The Secretary of State shall prepare proper DutyofSecrts inks for taking the Census and Statistics, and shall transmit ry of State. the several County Clerks of all the organized counties of State a sufficient number for each township, ward, or -essment district in each county, on or before the first y of January, A. D. 1854, and every tenth year thereafter; d it shall be the duty of the County Clerk to receive and 'ain the samue in his office, and on or before the second onday in April next thereafter, cause to be delivered to the pervisor of each township and wards and Assessor of each ;essmdnt district in the county, a sufficient number of said inks for the Supervisor or Assessor to take the Census of his wnship, or ward, or assessment district (as the case may IV. Vill.] Of Taking the Census, &c. 101 p 10 onh) aso Mc-n DV II be), and to make a condensed statement thereof, as prescribed in the next succeeding section. Census and Sta- [632.] SEC. 4. It shall be the duty of each Supervisor and tistices to be eon- Assessor to condense the Census and Statistics of lhis township, densed by Supervisor and ward, or assessment district, so as to show the aggregate ssssor. Assessor. number of each class, to write out distinctly the names of all males over the age of twenty-one years; and when so arranged, he shall make duplicate copies, and personnally deliver or forward the same to the County Clerk of their respective counties, on or before the first day of July next thereafter; Duty of Cqunty and it shall be duty of the County Clerk to forthwith seal Clerk., up one copy and send it by mail to the Secretary of State, and the other he shall file and carefully preserve in his office. When person to [633.] Sec. 5. If any Supervisor or Assessor shall be sick, be pthepointed t or otherwise unable to perform, or omit to perform the duties do the duty of Supervisor or required by this act, the Township or City Board shall immeAssessor. diately appoint a suitable person to do the duties of such Super visor or Assessor, who shall take and subscribe the Constitution al oath before entering upon the duties of his office. Penalty for ne- [634.] SEc. 6. Any Supervisor or Assessor neglecting or glect of duty. refusing, without good cause shown, to perform all the duties prescribed in this act, shall forfeit the sum of one hundred dollars, to be recovered by an action of debt, in the name of the People of the State of Michigan, for the use of the county where such failure occurre~ Prosecuting At- [635.] SEC. 7. It shall be the duty of the County, Township, torney to sue for or City Clerk (as the case may be), to notify the Prosecuting forfeitures,ythPrsctn Attorney of the county of any forfeiture under this act, who shall immediately commence a suit for the recovery thereof, and prosecute the same to a final termination. Compensation [636.] SEC. 8. The Supervisor of each township and ward, of Supervisor and thle Assessor of each assessment district, shall be allowed, ~and.r. in addition to the sum allowed by law for taking the assessment of his township, ward, or assessment district, one dollar for every one hundred persons by him returned, if the number shall exceed one thousand and five hundred, and one dollar and fifty cents per hundred for any number less, and ten cents per mile for conveying the returns to the County Clerk's office, which shall be in full for all services performed under the provisions of this act; and the sum due each Supervisor and Assessor for services, shall be calculated at the rate aforesaid by the County Clerk, to which the proper returns are made, and his certificate of the amount due shall be paid Proviso. by the Treasurer of said county: Provided, That before a Supervisor or Assessor shall be entitled to receive any com pensation, he shall attach a certificate to each copy of said returns, signed by him, in the following form, to wit: Certificate to "I do hereby certify that the Census and Siatistics #t,fovth in the sehedule, Returns. hereunto annexed, has been consolidated and ar.nged from enumeration and Town,97tip Latvs of Michigan. [DIV. VIII. 102 10 DIV. viii.] Qf Taking the Cefl8u8, &C 103 statistical lists, made by actual inquiry at the dwelling, or personal inquiry at the head of every family, or of a competent person acquainted with the facts, by myself, in the township of or ward number in the city of or assessment district in the city of (as the case may be), and that the said schedule has been made in every respect in conformity with the act for taking the Census and Statistics for the year eighteen hundred and fifty-four, and every tenth year thereafter, and is correct and true, according to the best of my knowledge and belief." [637.] SEC. 9. The Secretary of State shall condense, in tab- Duty of Secre, ular form, thile Census and Statistical returns made to him, and tary of State ~. ~ ~ ~ ~ ~ ~~~~~~~~~~~relative to reas soon as may be, cause three thousand copies to be published turnsin pamphlet form, and transmit four copies to each organized township in the State, one for the use of thb Supervisor, one for the use of the Township Clerk, and two to be deposited in The township library; and twenty-five copies to the Mayor of the City of Detroit, and ten copies to the Mayor of any other city in the State, for the use of the several city libraries, and one copy to each of the members of the present Legislature and its officers: Provided, That in counties having less than Proviso., five thousand inhabitants, the Supervisor in each town shall be entitled to three dollars for taking the Census and Statistics in Compensation, his town extra. [638.] SEc. 10. In the City of Detroit, the Common Council Common Counshall appoint a person in each ward to discharge the duties cptlpofInD.etroittq required by this act, to be performed by the Supervisor of each township or ward: Provided, There is no Assessor elected in said wards. [639.] SEc. 11. It shall be the duty of the persons required Columns to be in this act to take said Census, to have the several columns of footed. figures footed, and the aggregate amount put down. [640.] SEC. 12. That the Governor appoint marshalls to take Governor to ap, the Census in the unorganized territory not otherwise provided point Marshals in this act, who shall receive such compensation as the Board of Supervisors o6f the organized county to which such unorganized territory is attached forjudicial purposes shall allow. This act shall take effect immediately. Of Taking the Census, &e. 103 DIV. VIII.] 104 Tow)81I'p Law8 of Michigan. [DIV. lx. CoMP. L. 1857. DIVISION IX. - OF THE ASSESSMiENT A.ND COLLECTION OF Chap. XVII. p. 284. TAxES. An Act to Provide for Assessing Property at its true Value, and for Levying and Col lecting Taxes thereon.a [Approved and took erect February 14, 1853. Laws of 1853, p. 128.] All propertynot [782.] SECTION 1. The People of the State of Michigan enact, exempted, l,able That all property real and personal, within this State, not to taxation. t pr P.. S. 1846 expressly exempted therefrom, shall be subject to taxation in Chap. 20, 1. the manner provided by law. Real Estate, [783.] SEC. 2. Real estate shall, for the purpose of taxation, what to include. R.S.,o~2. be construed to include all lands within the State, and all buildings and fixtures thereon, except iri cases otherwise expressly provided by law. Personal estate, [784.] SEC. 3. Personal estate shall, for the purposes of taxaWhatto include. tion, be construed to include all goods, chattels, moneys, credits, and effects, wheresoever they may be; all ships, boats and vessels belonging to the inhabitants of this State, whether at R. S., ~ 2. home or abroad, and all capital invested therein; all moneys at i1848, p. 313.i 1848 313. interest, either within or without this State, due the person to be taxed more than he pays interest for, and all other debts due such persons more than their indebtedness; all public stock and securities, all stock in turnpikes, railroads, canals, and other corporations out of the State, owned by inhabitants of this State; all personal estate of moneyed corporations, whether the owner thereof reside in or out of the State, and the income of any annuity, unless the capital of such annuity be taxed within this State. Corporate prop- [785.] SEC. 4. All property of private corporations, except erty. in the cases where some other provision is made by law, shall be assessed in the name of the corporation, in the township or .S., ~4. ward where the same shall be situated; and in collecting the same, all the personal property of such corporation shall be liable to be seized wherever the same may be found in the county, and sold in the same manner as the property of indi viduals may be sold for taxes. Property ex- [786.] SEC. 5. The following property shall be exempt from empt from taxa- taxation, viz: lion. R. B., 1. Household furniture, including stoves put up and kept 1849, p.96. for use in any dwelling house, not exceeding in value two hundred dollars; aFor prior laws relative to the Assessment and Collection of Taxes, and the sale of Lands therefor. see Code of 1820, p. 271; Revision of 1827, p. 370, Revision of 1833, p. 88, 98; Laws of 1834, p. 5; 1835-'6, p. 52, 1837, p. 7, 126, 167, 317 1838, p. 137; R. S., of 1838, Title V, Laws of 1839, B- 159, 168, 1840, p. 6, 80, 254; 1842, p. 68, 85, 108; 1843, p. 34, 55, 60 1844. p. 3 22, 159; 1845, p. 79, 85; 1846, p.13, 87, 102; t. S., of 1846, Title V; Laws of 1847, p. 120, 1848, p. 2, 175,147, 254, 313; 1849, p. 98, 116, 334; 1850, 40, 161, 218, 395. 104 Township- Laws of Michigan. [DIV. I X. t DIV. IX.] Of Assessment and Colleection of Taxes. 2. All spinning wheels and weaving looms,'and apparatus, not exceeding in value fifty dollars; 3. All arms and accoutrements, required by law to be kept by anyperson; all wearing apparel of any person or family; 4. The librarv and school books of every individual and family not exceeding in value one hundred and fifty dollars, and all family pictures; 5. To each householder, ten sheep, with their fleeces, and the yarn and cloth manufactured from the same; two cows; five swine; and provisions and fuel for the comfortable subsist ence of such householder and family for six months; 6. All the property of the United States, and of this State, except lands bid off for the State at tax sales, except as herein after provided; 7. All public or corporate property of the several counties, cities, villages, townships, and school districts in this State, used, or intended for corporate purposes. 8. The personal property of all library, benevolent, charit- 1857, p. 166. able, and scientific institutions, incorporated within this State, 2Mich. Rep. and such real estate belonging to such institutions as shall 586. actually be occupied by themn, for the purposes for which they were incorporated; 9. All houses of public worship, with the pews, or slips, and furniture therein, and rights of burial, and tombs, while in use as repositories of the - dead;b 1 10. The estates of Indians, except lands held by them by purchase, and the personal estates of persons who, by reason of infirmity, age, and poverty, may, in the opinion of the Supervisor, be unable to contribute towards the public charges. [787.] SEC. 6. When a tenant paying rent for real estate When tenant paying taxes, shall be taxed therefor, hle may retain out of his rent the taxes may retain the paid by him for the same, unless there be an agreement to the same from rent. contrary. R. S. 6. [788.] SEc. 7. All personal estate within this State, except Personal estate, in the cases where other provision is made by the third and when assessed. eighth sections of this chapter, shall be assessed to the owner in the township where he shall be an inhabitant, on the second Monday of April, and all resident real estate, to the person R. s. Sec. 7. occupying it on that day, unless the same shall be given in by some other person for assessment to him. [789.] SEC. 8. The excepted cases referred to in the preced- Cases excepted. ing section, and not included in said section three, are the fol- 1858, Act 32, p. ~~~~~~~~~~~~~~~~~lowing:~~176. lowing' b See the act of February 7, 1857, next following. 2 I; seems the provisions of statutes exempting from taxation "All houses of public worship"' were not intended to exempt the lot or ground upon which houses of public worshi p'stand.- Lefevre v. Mayor &c. of Detroit, 2 Mch. 586. The exemption of houses of public worship from taxation applies only to taxes imposed under the general system of taxation adopted for the State, cunties, townships, or other municipal corporation, and does not extend to assessments for the expenses of paving streets, imposed upon the owners or occupants of lots, - Ibid. II 105 Township Laws of Michigan. 1st. All goods, wares and merchandise, or stock in trade, including stock employed in the business of the mechanic arts, in any township other than where the owners reside, shall be, if the owner hire or occupy a store, shop, or warehouse therein, shall not be taxable where the owner resides. 2. All horses, mules, neat cattle, sheep and swine, kept throughout the year in any township other than where the owner resides, shall be assessed to such owner in the township where they are kept. 3. All personal property'belonging to minors under guardian ship, shall be assessed to the guardian in the township where he is an inhabitant, and the personal property of every other person under guardianship, shall be assessed to the guardian in the township of which the ward is an inhabitant. 4. All personal property held in trust by any executor, administrator or trustee, the income of which is to be paid to any married woman or other person, shall be assessed to the person having possession or charge of such property, in the township of which he is an inhabitant, whether such married woman or other person reside within or without this State. 5. Personal property placed in the hands of any corpora tion as an accumulating fund, for the future benefit of heirs, or other persons, shall be assessed to the persons for whose benefit the same is accumulating, if within this State; other wise to the person so placing it, or his executors or admnin istrators, until a trustee shall be appointed to take charge of such property, or of the income thereof. 6. The personal estate of persons deceased,-which shall be in the hands of executors or administrators, shall be as sessed to the executors or administrators in the township where the deceased last dwelt, until they shall give notice to the supervisor that the estate has been distributed and paid over to the parties interested. 7. All property held by any religious society-as a ministe rial fund, shall be assessed to the treasurer of such society; and if such property consists of real estate, it shall be taxed in the township where such property lies; if it consists of personal property, it shall be taxed inthe township where such society usually holds its meetings. Personal prop- [790.] SEC. 9. When personal property is mortgaged or ert..y mo age 1 it rto b m rgged pledged, it shall, for the purpose of taxation, be deemed the 0ob de,emed property of per- property of the person who has possession thereof. n havingn - [791.] SEC. 10. The undivided real estate of any deceased R.is.esed9.na. person, may be assessed to the heirs or devisees of such person, -Undivided R~l e~sn ayl e asse Estate of de- unless occupied by some other person to whom it may be assessceased persons, ed, without designating them by name, until they shall have how assessed. R. S. Sec. 10. given notice to the Supervisor of the division of such estate, and the names of the several heirs and devisees; and each heir and devisee shall be liable for the whole of such tax, and shall have a right to recover of the other heirs and devisees their re spective portions thereof, when paid by him. 106 [DIV. IX. DIV. ix.] Of Assessment and Collection of Taxes. [792.] SEC. 11. Any person holding a part-paid certificate of Uniaversity, pri. purchase of university, primary school, state building, swamp State buhildl,g, or salt spring lands, or occupying the same, shall be liable to be swrmp and salt assessed therefor, as if he were the actual owner thereof: Pro- sprinlanad vided however, That the same shall be assessed as personal property and not as real estate, and the tax thereon shall be collected in the manner hereinafter prescribed. [793.] SEC. 12. Partners in mercantile or other business, Partners, how whether residing in the same or different townships, may be taxed. jointly taxed under the partnership name, in the township where their business is carried on, for all the personal property employed in such business; and if they have places of business in R. S., Seo. 12. two or more townships, they shall be taxed in those townships for the proportion of property employed in such townships respectively; and in case of being so jointly taxed, each partner shall be liable for the whole tax. [794.] SEC. 13. The term "money," or "moneys," whenever Meaning of oer. used in this act, shall be held to mean gold and silver coin, and tnitIterAms tused bank notes, and every deposit, which any person owning the same, or holding in trust, and residing in this State, is entitled to withdraw in money on demand. The term "credits," whenever used in this act, shall be held to mean and include every claim and demand for money, or other valuable thing, and every annuity, or sum of money receivable at stated periods, due, or to become due, and all claims and demands secured by deed or mortgage, due, or to become due. The terms "parcel of real property," and "parcel of land," whenever used in this act, shall each be held to mean any contiguous quantity of land in the possession of, owned by, or recorded as the property of the same claimant, person, or company. Every word importing the singular number onrly, may extend to, and embrace the plural number; and every word importing the plural number, may be applied and limited to the singular number; and every word importing the masculine gender only, may be extended and applied to females as well as males. Whenever the word "oath," is used in this act, it may be held to mean "affirmation," and the word "swear," in this act, may be held to mean "affirm." The term "cash value," whenever used in this act, shall be held to mean the usual selling price at the place where the property to which the term is applied shall be at the time of assessment; and if there be no usual selling price known to the person whose duty it shall be to fix the value thereon, it shall be held to mean the price at which such property shall be appraised in payment of a just debt due from a solvent debtor, or such price as the property assessed may, in the preceding year, have been sold for. [795.] SEC. 14. Every person of full age and sound mind, Statementto be and every firm, body politic or corporate, shall, when call- mviadre to Surper ed upon, as hereinafter provided, forthwith make a full and true statement in writing, to the Supervisor of the township in which 107 10 onh a8o -hg~ DV x ontents of he or she resides, in which shall be distinctly and truly set forth tatement. a correct description of all the real estate and personal pro perty not by this act exempt from taxation, and not by the laws of this State subject to a specific tax, of which he or she is the owner, or the holder as guardian, parent, husband, or trustee, executor, administrator, receiver, accounting officer, partner, agent, or factor; and also all moneys and credits owned or held, as aforesaid.' articulars of [796.] SEc. 15. Every person required by this act to make tatementre- or deliver such statement, shall set forth an account of the uired. property held or owned by him or them, as follows: 1. An accurate description of each parcel of land, with the number of acres, and the number of acres improved, and the number and kinds of buildings thereon; 2. The number of neat cattle six months old; 3. The number of horses over six months old; 4. The number of sheep over six months old; 5. The number of hogs over six months old; 6. Every waggon and carriage; 7. Every gold or silver watch; 8. The number of bushels of grain, and the quantity of all other farm produce in the possession of the producer; 9. All merchandize not included in the eighth subdivision of this section; 10. Every musical instrument, of theL,-value of twenty -five dollars and upwards; 11. All moneys and all credits; 12. All other personal property held or owned by him; 13. The amount of money upon which he pays interest, pro viding he desires to have the same deducted from his moneys and credits; 14. The amount of all other bona fide indebtedness: Pro vided, He desires to have the same deducted from his moneys and credits. c As amended by "An Act to Amend certain Sections of An Act entitled,' An Act toProvide for Assessing Property at its true value, and for Levying and Collecting Taxes thereon,' Approved February 14,1853." Approved February 12, 1855. Laws of 1855, p. 227. This Act amends Sections 14,15, 16, 18, 19, 20, 22, and 89, as here given, 1 The city charter of Detroit, and the acts amendatory thereto, empower the Common Council to provide for the expenses of paving streets, &c., either by assessment on the owners or occupants of lots on the street to be paved, or otherwise, as they may direct. The city ordinances adopted in pursuance of such authority, direct such expenses to be raised by assessments upon the owners and occupants of lots, and that the Common Counlcil shall cause an assessment to be made by the city surveyor on the owners or occupants of lots fronting on the street, & c., to be paved; and the surveyor is also required to state the names of the owners and occupants so to be assessed, in a written report or assessment roll. Under these provisions of the city charter and ordinances: Held, that an assessment upon "St. Peter's and St Paul's Cathedral," the roll neither describing the lots, nor naming the owners or occupants, was void.- Lefevre v. Mayor, Ac., of Detroit, 2 Mich. 586. An assessment imposed upon a city lot for paving expenses, held not vitiated, on the objection that the paving was contracted for before the assessment was made.Dbid. d See note to Section 795. Township Laws of Michigan. [DIV. IX. 108 5l, DIV. IX.] Of A8ssessment and Collection of Taxes. [797.] SEC. 16. Such statement the Supervisor may, in his Persons may be discretion, require to be subscribed by the person making the scrqibe stateomuebnt same; and it shall further mention who is the owner of the pro- To state who i8 perty so described, and whether the same is held by him, the the owner, eto. maker of such statement, individually, or in his own right, or whether held for any other person, and if held for any other person, then state for whom, in what capacity, or on what ac count so held, giving the name of the person for whom he holds.e [798.] SEC. 17. No person shall be required to include in Property ayine, such statement any share or portion of the capital stock of any Sneed noifit be in company or corporation, which company or corporation is by cluded in list. law exempt from taxation, or by law required to pay a specific tax in lieu of all other taxes on such share or portion of capital stock, or whose corporate property is subject to assessment un der the provisions of section four of this act. [799.] SEC. 18. It shall be the duty of each Supervisor, on supervisor to furnish blank or before the second Monday in May, to call upon each taxable formi3s. person in his township, at their residence, boarding place, or 1858, Act 82, p, usual place of business, at which time he shall furnish each taxa- 176. ble person a blank form for the statements required by the fifteenth section of this act; and thereupon said taxable person Taxable person shall forthwith make and deliver to said Supervisor a full and liver statement true statement of the taxable property in his possession, accord- to Supervisor ing to the provisions of this act; and immediately thereafter, Supervisortoas. the said Supervisor shall proceed to examine said property, and erotain trand alet down true vsan,% estimate and set down the true value thereof, deducting from thereof. the moneys at interest and other credits of such person, the amount of money upon which he or she pays interest, together with his other bona fide indebtedness, as set forth in said statementf [800.] SEC. 19. In every case where any person shall neg- Duty of Super. lect or refuse to' make out and deliver a statement of his real vpiesoincaseany person refuses and personal property, moneys and credits, or to exhibit the to make statesame to the Supervisor, as required by this act, it shall be the ment. duty of said Supervisor, and he is hereby authorized to examine on oath the person so refusing, and any other person or persons who he may have good reason to believe, and does believe, has knowledge of the amount or value of any property, money, or credits owned or held by such person so refusing; and said Supervisor shall assess any property, money, or credits, owned or held by such person so refusing, at its true cash value; Provid- When Supervits. ed, That if a ny person shall neglect or refuse to make such oar somuna th statement, or in case of any person owning any taxable property in this State, or any money loaned in this State, shall be absent from the township, or can not be found therein by the Supervisor of such township, during the time of the assessment roll is required by law to be made, leaving no agent known to such Su If See note to Section 795. 109 110 Town8hip Law8 of Michigan. [DIV. Ix. pervisor to make the required statement, such Supervisor is here by authorized to set down and assess to such person any amount of personal property he may deem just and proper, subject to the reduction on review, upon oath of the party in interest, his agent or attorney.9 When asses [801.] SEc. 20. On the third Monday of May, it shall be Went to be re the duty of the Supervisors of the several townships to be preeeivedandcom- sent at their respective offices, from eight o'clock in the forepleted. 32noon until twelve, noon, and from one o'clock in the afternoon 78.' A' 8, till five o'clock in the afternoon, for the purpose of reviewing their assessments, and so on the two next following days, in case they shall have any matter before them for their action un der this section; and on the request of any person, his agent or attorney, considering himself aggrieved, on sufficient cause be ing shown to the satisfaction of the Supervisor, he shall alter the May alter as- assessment as to the valuation thereof, and he shall also, upon mesementasto Sufficient cause being shown by any creditable person on behalf valuation. of any other person whose property is assessed, alter the assess ment in such manner as shall to him appear just and equal; and Supervisor may to this end he may in either case examine on oath the person administer oath. making the application, or any other person present, touching the matter, which oath the Supervisor is hereby authorized to administer.' Oontents of as- [802.] SEc. 21 The assessment roll shall contain the names sessment Roll. of the resident persons liable to be taxed; a full description of the real estate of such persons; the number of acres in each tract or parcel, as near as the same can be ascertained; the estiP. S., sec. 16. mated value of each tract or parcel, and the aggregate valuation of the personal estate of each person liable to be taxed, as ap pears firom the statements in the possession of the Super visor. Auditor General [803.] SEc. 22. For the purposes mentioned in the preceding to transmit sections of this act, the Auditor General shall, before the first blanks to Treas. Monday in March in each year, prepare and transmit suitable urer. Treasurer to blanks to the several County Treasurers, who shall, before the supply Super- first Monday in April, supply all the Supervisors in their several sors. counties with the same. The Auditor General is authorized and X. S., sec. 17. instructed to furnish, at the expense of the State, to each Super visor and Assessor in the several townships and cities in this State, a copy of this law, at the earliest day practicable.i "Real Estate,e [804.] SEc. 23. The description of real estate may be as folh ow described. lows: 1858, Aot 42, p. 1. If the lands to be assessed be an entire section, it may ~76. be described by the number of the section, township and range; 2. If the tract be a sub-division of a section authorized by the United States for the sale of the public lands, it may be de scribed by a designation of such sub-division, with the number of the section, township and range; g h i See note to Section 795. Township Laws of Michigan. [DIV. IX. 110 Of -Assessment and Collection of Taxes. 3. If the tract be less or other than such sub-division, it may be described by a designation of the number of the lot or other lands by which it is bounded, or in some way by which it may be known; 4. In case of lands surveyed or laid out as a town, city or Description of village, and a plat thereof recorded in the register's office of city or vllage 9 ~~~~~property. the county, if the tract to be assessed be a whole lot or block, it shall be described by a designation of the number thereof; if it be a part of a lot or block, it - may be described by its boundaries, or some other way by which it may be known, and it shall not be necessary to insert the quantity of such land in the assessment roll. When any lands have been; or hereafter shall be laid out as a town, city or village, or as an addition of any town, city or village, and the same has not been duly recorded in the register's office of the county, and any one or more of the lots have been or may be sold by the numbers thereof, according to the plat of said town, city or village, or addition thereto, such land, laid out as aforesaid, may, in the discretion of the Supervisor, be assessed in whole or in part, according to the sub-division as represented on the plat of said town, city or village, or in some other way by which it may be known; and if such sub-division or parcel be a whole lot or block, it shall be described by a designation of the number thereof; if it be a part of a lot or block, such part shall be defined, or it shall be described by its boundaries, or in some other way bye which it may be known; and it shall not be necessary to insert the quantity or contents of such land in the assessment roll; 5. If the land to be assessed be a tract of which the sub-di. vision is not known to the Supervisor, it shall be entered upon the roll by the boundaries thereof, or in some other way by which it may be known; 6. Undivided shares or interests in lands shall be assessed to Undivided the owners thereof, if such ownership is known to the Supervisor, shares. and no tract in the same section known to the Supervisor to have been originally entered as one parcel, shall be sub-divided in assessing, unless the fact of a sub-division having been made known to the Supervisor; 7. It shall be sufficient to describe lands to be assessed or sold for taxes in the manner heretofore in use by initials, letters, abbreviations and figures.' [805.] SEc. 24. All lands unoccupied and not claimed to be Non-resident) owned by any resident of the township where they are situated lands. and not exempt from taxation, may be assessed as non-resident 1 Real Estate. for the purposes of assessment. should be "described by its bounds ries, or in some other way by which it may be known:" therefore, where premises were described in an assessment and tax roll as follows: "YOUNG MEN'S SocIETY-Gov. and J. P., Jeff. av., N. 45 feet- B 2." W. pt. lot 11, sec. 1, and E. pt. lot 10, sec. 1. B 2. Held, That the assessment was illegal, and the tax levied on the premises invalid. - Detruit Young Men's Society v. Mayor, 48c., 3 Mich. 172. The description of lands assessed or sold for taxes, by the use of initial letters, abbreviations, and figures, is a valid description.- -Sibley v. Smith, 2 Mich. 486. ill DIV. IX.] 112 Tow8hq) Law8 of ich1gan. [DIV. Ix. 1858, Act 32, p lands or to the person supposed by the Supervisor to be the 176. owner thereof, and it shall be the duty of the Supervisor to en ter the same on a part of the roll separate from that upon which the estates of residents are entered, and when real estate is oc cupied it may be assessed to the occupant or supposed owner or Propertyheldin person exercising control over the same. When a person is astrust, &c. sessed as a trustee, guardian, executor, or administrator, a de signation of his representative character may be added to his name, and such assessment shall be entered on a separate line from his individual assessment. Certificate to be [806.] SEC. 25. When the Supervisor has reviewed and comattached to roll. pleted the assessment roll, it shall be his duty to attach thereto, signed by him, a certificate which may be in the following form: I do hereby certify that I have set down in the above assessment roll, all the real estate in the township of -, liable to be taxed, according to my best information, and that I have estimated the same at what I believe to be the true cash value thereof; that the said assessment roll contains a true stateR. S., Sec. 21. ment of the aggregate valuation of the taxable personal estate of each and Lacy v. Davis, 4 every person named in said roll, and that I have estimated the same at its true Mich Rep. cash value, according to my best information and belief.1 1858, Act 3Z, p. [807.] SEc. 26. It shall be the duty of the township clerk of Cl76erk of town-each township, on or before the second Monday of October, of Clekio town-ive ship to deliver each year, to deliver to the Supervisor of his townshi a statestatement of p amount of ment of the money to be raised therein for township purposes, money to be pupss mone toe and the amount voted for the maintainance and support of comraised for township purposes. mon schools, and the township library, stating the amount of Board of Super- each as well as the aggregate amount.2 The Board of Supervisors to exam — ine assessment visors in each county shall, at their session in October in each roll year, examine the assessment roll of the several townships, and ascertain whether the relative valuation of the real estate in the respective townships has been equally and uniformly estimated.3 1 It seems the provision of the statute requiring the assessor to annex his certificate to the assessment is directory merely, and a non-compliance with that provision will not affect the validity of the roll. - Sibley v. Smzith, 2 Mich. 487. 2Statement by Township Clerk, of money to be raised for township and other pur.poses. A statement of money to be raised in the township of Portland for town ship purposes, and the amount voted for the maintainance and support of common schools and the township library. Money to be raised for township purposes........................$500.00 Amount voted for the maintainance and support of common schools.. 500.00 Amountgvoted for the township library.............................00 Aggregate amount................................ $1100.00 Dated this day of 18 A. B., Township Clerk. '3 Objection was made to the record of the proceeeings of Supervisors, that it did not show who constituted the board, nor that a quorum was present, and that there was no signature or authentication by the clerk or presiding officer of the board. Held, that the presence of the supervisors, or at least a quorum would be presumed. When the Supervisor, without any action of the electors, or the Township Board, added a certain amount to the tax roll, for township purposeses, that portion of the tax being illegal and void, and from the nature of the case, not distinguishable from the valid part. the sale of premises under and by virtue of the tax so levied, in an action of ejectment for their recovery, was held void. —-Lacy v. Davis, 4 Mich. 140. 112 Town,ship Laivg of Michigan. [DIV. IX. DIV. IX.] Of As8sessment and Collection of Taxes. The Supervisor and Assessors shall be allowed for their services Supervisors alin assessing property and copying the tax rolls, and for extend- ldoayedio$1.5o per ing the taxes thereon, at the rate of one dollar and fifty &c. cents for each day actually and necessarily spent in perfecting the same, which shall be verified, audited and paid in the townships in the same manner provided by law for the payment of other township officers, and they shall receive payment from no other source. [808.] SEC. 27. If, on such examination, they shall deem lowassess. such valuation to be relatively unequal, they shall equalize the ment equalized. same, by adding to or deducting from the valuation of the taxable property in the township or townships, such an amount as in their judgment will produce relatively an equal and uniform valuation of the real estate in the county, and the amount added to or deducted from the valuation in each township shall be entered upon the records.' [809.] SEC. 28. The Board of Supervisors shall also make 1858, Act 35, p. such alterations in the description of any lands upon such rolls, 1716,terations of Alterations of as may be necessary to render such description conformable to descriptions. the requirements of this act..., Se. 25. [810.] SEC. 29. After the assessment shall have been equal- Corrected roll ized, and the descriptions corrected, as provided in the two last to be certifed and delivered to preceding sections, it shall be the duty of the chairman of the Supervisor. 1858, Act 32: p, board to make and sign a certificate upon, or appended to the 176.' p roll of each township, which certificate may be in the following form, to wit: I do hereby certify that the Board of Supervisors have equalized and corrected the within roll, by adding to or deducting from the valuation of the real estate made by the Supervisor thereon, or without adding to or deducting from the valution of the real estate made by the Supervisor, as the case may be, and have determined the aggregate value of the taxable property in the township of to be dollars and- cents, for the year eighteen hundred Which assessment roll, certified as aforesaid, shall be delivered to the Supervisor of the proper township, whose duty it shall be to file and keep the same in his office.2 [811.] SEC. 30. The Board of Supervisors, at the time of Aggregatevalu. e q u a l i z i n g the assessments, shall cause to be entered upon their ation to be re corded; when records the aggregate valuation of the taxable real and personal transmitrted to Auditor Gene. property of each township in their county, as determined by ral. them; from which record the Clerk of the Board shall within ten days after their annual meeting, in each year when the State Board of Equalization shall meet, make and transmit to the 1 The fact that the assessment of a township was placed at two different sums first, in the roll as made by the assessor, at one sum, and subsequently in the tabular staiement of the Supervisors at another, is not material; and, therefore, the roll is not void for that reason. It is competent for the Board of Supervisors to reduce the aggregate of the assessments beiow that of the assessors.- Tweed v. letca7f, 4 Mich. 579. 2 The certificates of the Assessors and the Chairman of the Board of Supervisors do not, in legal contemplation, form a part of the assessment roll, therefore, proceedings under a roll not having such certificate, are not void for that reason.- Tweed v. Metcalf 4 Mich. 579. .t 113 Township Laws of Michigan. R. S.,Sec. 27. Auditor General, by mail, or otherwise, a statement of the ag gregate valuation of the taxable real and personal property of the county, including the aggregate valuation of property in each township. MANNER OF ASSESSING TAXES. Auditor Gene- [812.] SEC. 31. The Auditor General shall apportion the Salto apportion State tax among the several counties, in proportion to the valua ae tax. tion of taxable property therein, and shall, before the October B S., Sec. 28. session of the Boards of Supervisors, make out and transmit to to the clerks of the several boards, the amount of such tax so apportioned by him to the county, and shall charge the several amounts of such apportionments to the counties respectively. Apportionment [813.] SEC. 32. The Board of Supervisors shall, at their anof Tax by Board inual session in October in each year, ascertain and determine of Supervisors. the amount of money to be raised by tax for county purposes, and apportion such amount, and also the amount of State tax required to be raised, among the several townships in the county, t. S. Sec. 29. in proportion to the valuation of the taxable property therein for the year, as equalized by the board, which determination and apportionment shall be entered at large on their records. Certificate of [814.1 SEc. 32. The Clerk of the Board of Supervisors shall, aPtortioandent immediately after such apportionment, make out two certificates to bemade by clerk, etc. of the amount apportioned to be assessed upon the property of each township, for State and county purposes, one of which he shall deliver to the County Treasurer, and the other to the SuP. S., Sec. 30. pervisor of the township, and the County Treasurer shall charge the amount specified in each certificate to the proper township.' OW taxesas 1[815.] SEC. 33. The Supervisor of each township shall prosessed by Su- ceed to assess taxes for the amount specified in such certificate, 5r8Art 32 p together with a tax for the amount of money to be raised by 176.' his township, adding thereto, and to all other taxes required by Collecting ex- law to be assessed by him, not more than four nor less than two pense not to be per cent., as shall be determined by the electors at their annual more than four nor less than meeting, at the same time and in the same manner that overtwo per cent. seers of highways are elected, for collecting expenses, upon the taxable property in the township, according and in proportion to the individual and particular estimate and valuation specified 1Form of Certificate of Clerk of Board of Supervisors of the amount Ap portioned to be Assessed for Stnte and County purposes. State of Michigan, A Lapeer County. ~ -. I do hereby certify that the amount apportioned to be assessed upon the property of each township in said county of Lapeer, for State and County purposes, by the Board of Supervisors at their Annual Session in October, A.D., 18-, is (set forth the amount.) In witness whereof, I have hereunto set my hand this day of A. D.,18 Cerk of Boa.,d f Supersors. Clerk of Board of Super,visors. 114 [DIV. IX: DIV. ix.] Of 4ssessment and Collection of Taxes. in the assessment roll of the township for the year, and for the May add to the amount to be purpose of avoidinlg fractions in excess in said tax, may add to raised to avoid the several A:mounts to be raised, on a sum not exceeding one fractions in ex. hundred dollars, five per cent. or under, on a sum over one hun- ess. dred dollars and not exceeding four hundred dollars, three and a half per cent. or under, on a sum not exceeding one thousand dollars and over four hundred dollars, two per cent. or under, and on any sum exceeding one thousand dollars, not over one per cent.; said excess, more or less, to be paid into and to belong to the contingent fund of the township or ward where assessed. [816.] SEc. 34. The Supervisor of each township, on or be- Supervisor to .notify Treasurfore the twenty-fifth day of October in each year, shall notify er of aTreut of the Township Treasurer of the amount of State and county tax taxes; Treasur. apportioned to his township; and such Treasurer, on or before er to give bond. the fifth day of November, shall give to the County Treasurer, and his successors in office, a bond in double the amount of such R. S., See, 32. State and county taxes, with good and sufficient sureties, to be approved by the Supervisor of the township, or the County Treasurer, conditioned that he shall duly and faithfully perform the duties of his office, and shall'deliver the same to the County Treasurer.' [817.] SEc. 36. The County Treasurer shall file and safely CountyTreas keep such bond in his office; and on the receipt thereof, he shall brer to afilgve such bond in ~~~~~~~~~~~~~bond and give give to the Township Treasurer a receipt, stating that he has re- receipt. ceived the bond required by the preceding section, which re- R. S., Sec. 33. ceipt the Township Treasurer shall deliver to the Supervisor on or before the tenth day of November.2 1Form of Township Treasurer's Bond to County Treasurer. Know all men by these presents, that we John Doe, Henry Wise, and John Lapeer, of the Township of Ada, County of Kent, and State of Michigan, are held and firmly bound unto A. B., County Treasurer of said County, and his successors in office, in the sum of (double the amount of State and County taxes) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors and administrators, and each of them firmly by these pre sents, sealed with our seals and dated this day of A. D. 18-. The condition of the above obligation is such, that if the above bounden John Doe, shall duly and faithfully perform the duties of Township Treas urer of said Township of Ada, then this obligation to be void, otherwise to remain in full force and effect. Ii presence of JOHN DOE, [L. S.] / JOHN JACKSON. HENRY WISE, [L.S.] JOHN LAPEER. [L. S.] /'Form of County Treasurer's Receipt for Bond of Township Treasurer. ! Re-Iceived of John Doe, Township Treasurer of the township of Ada, in the County of Lapeer, his bond, required as Township Treasurer, by section 816 of the Compiled Statutes of Michigan, said bond being executed by him self, and\ C. B,and E. F., as sureties, and bearing date the day of A.D. 8 —D. - L Dated at -, this - day of - A.D. 18-. A. B., County Treasurer. 115 Yownship Laws of Michigan. [DIV. IX. When Super- [818.] SEC. 36. The Supervisor, after the delivery of such visor to deliverll receipt, and on or before the fifteenth day of November, shall Assessment roll i toTreasurer. deliver to the Township Treasurer, a copy of the corrected as - sessment roll of his township, with the taxes for the year annex ed to each valuation, and carried out in the last column thereof; 1. S., Sec. 34 the school, library, and school house taxes in one column, the highway taxes in another, and the township, county, and State taxes in another column; and if other taxes are at any time re quired by law, they shall be placed in another column, and the warrant for their collection shall specify particularly the several amounts and purposes for which said taxes are to be paid into the Township and County Treasuries respectively. Before the 1850, p. 161. Supervisor shall deliver such assessment roll and tax list to the Township Treasurer, he shall carefully foot up the several taxes therein levied, and shall give to the Township Clerk of his town ship a statement thereof; and such Township Clerk shall imme diately charge the amount of such taxes to the Township Treas urer. Warrantto be [819.) SEC. 37. To suchassessment roll and tax list awarrant attached to roll. under the hand of the Supervisor shall be annexed, commanding such Treasurer to collect from the several persons named in said roll the several sums mentioned in the last column of such roll, R. S., Sec. 35. opposite their respective names, and to retain in his hands the amount receivable by law into the Township Treasury for the purposes therein specied, and to account for, and to pay over to the County Treasurer the amounts therein specified for State Tweed v.LMet- and county purposes, on or before the first day of February calf; 4 Mich. Rep. 4 Mich then next; and the said warrant shall authorize the Treasurer, in case any person named in the assessment roll shall neglect or refuse to pay his tax, to levy the same by distress and sale of the goods and chattels of such persons.' 1 Form of Treasurer's Warrant for Collection of Taxes. In the name of the People of the State of Michigan: To Thomas Jones, Township Treasarer of the Township of Burlington, in the county of L(peer: You are hereby commanded to collect from the several persons named in the annexed assessment roll, the several sums mentioned in the last column of such roll, opposite their respective names, and to retain in your hands the amount receivable by law into the Township Treasury, for the purposes in said oll specified, and to account for, and-ty over to the County Treasurer the amounts therein specified for State and county purposes, on or before the first day of February next, said several amounts and purposes being as follows: (Here specify particularly the several amounts and purposes for which said taxes are to be paid into the Townsh.p and County Treasuries respectively); and in case any person named in said assessment roll shall neglect or refuse to pay his tax, to levy the same by distress and sale of the goods and chattels of such persons. Given under my hands, this, this -day of, 18-. A. B. Supervisor of the Township of Burlington. The warrant of the Supervisor to the Township Treasurer, authoriztng him to collect taxes, is not void by reason of not being "In the name of the People of the'State of Michigan." The provision of the Constitution in respect to process, applies only to process issued by courts, or some judicial officer. —Tweed v. Metcalf, 4 Mich. 579. 116 DIV. IX.] Of Assessment and Collection of Taxes. [820.] SEc. 38. The taxes assessed upon real estate of any Taxes to be a resident or non-resident, and all legal charges made thereon, the argwne againstof Il0h owner of shall be a charge against the person owning the same on the se- real estate on ' ~~~~~~~~~~~~~~~~~~~~24 Monday'cf'. cond Monday of April, and shall be a lien on said real estate April.nd from the fifteenth day of November of the year in which such 11,58 Act 32, p. 176. real estate was assessed. When taxes to be a lien on real estate. OF THE COLLECTION AXND RETURN OF TAXES. [821.] SEc. 39. Every Township Treasurer, upon receiving Township Trea: surer to collect the tax list and warrant, shall proceed to collect the taxes there- taxes.to collect in mentioned, and for that purpose shall call at least once upon the person taxed, if a resident, or at the place of his usual residence in the township, and shall demand payment of the taxes R. S., Sec. 37. charged to him on such list. [822.] SEc. 40. In case any person shall refuse or neglect to Proceedings in pay the tax imposed on personal or real estate belonging to him, case of refusal to pay' the Treasurer shall levy the same by distress and sale of the 1858, Act 32, p. goods and chattels of said person, whenever the same may be 176 found within his township. [823.] SEc. 41. The Treasurer shall give public notice of the Notice of Sale. time and place of sale, and of the property to be sold, at least ten days previous to the sale, by advertisement, to be posted up R. S., Sec. 39. in three public places in the township where such sale shall be made; and the sale shall be by public auction.' [824.] SEc. 42. If the property so distrained can not be sold, Proceedings if for want of bidders, the Treasurer shall return a statement of property not sold. the fact, and if the tax be assessed on real estate, such real estate shall be returned in the same manner as if the same were R. S., Sec. 40. non-resident lands. [825.] SEc. 43. If the property distrained shall be sold for Surplus, how disposed of. more than the amount of the tax and collection fees, the surplus 1d8s58, Adct f32 p, shall be returned to the person in whose possession said property 176. was when the distress was made. [826.] SEc. 44. In case any person, upon whom any tax may In case of re moval ofperson be assessed in any township for personal estate, shall have re-assessed,tax moved out of such township after the assessment, and before maybecollecte4 in ainy part of such tax ought by law to be collected, it shall be lawful for the Clounty. Treasurer of such township to levy and collect such tax of the goods and chattels of the person so assessed, in any township Form of Notice of Sale of Goods and Chattels by Township Treasurer for non-payment of Taxes. Public notice is hereby given, that, by virtue of the authority vested in me as Township Treasurer of the Township of Blissfield, in the county of Lenawee, and by reason of the default of A. B., of said town, to pay the taxes imposed on hfiim for the year 18-, I have levied by distress upon the following goods and chattels of the said A. B. to wit: (Here describe the property to be 80sold,) which I shall offer for sale at public auction, on the - day of - A. D. 18-, at the hour of - o'clock - M., at, in said Township Blissfield, to make the amount of such taxes. 'Dated this - day of A. D). 18-. C. D., Township Treasurer. 117 Township Laws of Michigan. R.., Sec. 42. within the county to which such person shall have removed, or in which he shall reside. When tax on [827.] SEC. 45. Whenever any Township Treasurer shall not personal property canlot be e able to collect any tax on personal property, on account of collected, Treas- the absence of the person so taxed, or for any other cause, the urer's warrant may be renew- County Treasurer, if required, shall issue a new warrant to the ed. Treasurer of the township for such tax, and it shall be the duty of the Township Treasurer to renew his office bond; and there upon the said warrant shall be and remain in force for the pur poses of such collection until the next annual meeting of the Board of Supervisors, unless the tax is sooner collected; and 1847, p. 123. the said Township Treasurer shall charge ten per cent. interest on all such taxes from the first day of February until the day of collection: Provided, said bond shall not be renewed unless the tax uncollected shall exceed five dollars. Treasurer may [828.] SEC. 46. Whenever any tax which shall have been, bring suit for tax. or which may hereafter be, assessed on personal property in this On personal State, shall be returned by any Township Treasurer for ion-payproperty. ment, under the provisions of this act, it shall be lawful for the Treasurer of the township from which any such tax is so re turned, in the name of such township, to sue the person or per1850, p. 193, Sec. sons against whom such tax was assessed, before any Court of competent jurisdiction, and to have, use, and take all lawful ways and means provided by law for the collection of debts, to enforce the payment of any such tax. Execution on [829.] SEC. 47. Executions issued upon judgments rendered dered therefor or any such tax, may be rendered upon any property liable to be seized and sold under warrants issued for the collection of 1850, p, 193, Sec. taxes by Township Supervisors, and the proceedings of an offi2. cer with any execution shall be the same in all other respects as are now directed by law. Evidence in [830.] SEC. 48. The production of any assessment roll, on the suits for such trial of any action brought for the recovery of a tax therein as tax. sessed, may, upon proof that it is the original assessment roll, or the assessment roll with the warrant annexed, of the township named as the plaintiff in such action, be read, or used in evi dence; and if, it shall appear from said assessment roll that 1850, p. 193, Sec. there is a tax therein assessed against defendant in such suit, it shall be prinma facie evidence of the legality and regularity of the assessment of the same; and the Court before whom the cause may be pending shall proceed to render judgment against the defendant, unless he shall make it appear that he has paid such tax; and no stay of execution shall be allowed on any such judment. Treasurer may [831.] SEc. 49. Such Township Treasurer shall receive the receive tax on part of lot, or tax, cr any one of the several taxes, on a part of any lot or parundivided share cel of land, or on any undivided share or other interest therein, etc. which the tax payer will clearly define; and if the tax on the remainder of such lot or parcel of land shall remain unpaid, the Township Treasurer shall enter a specification thereof in his re 118 [DIV. IX. DIV. IX.] Of Assessment and Collection of Taxes. turn to the County Treasurer; but if the part on which the tax R. S., Sec.43. is so paid shall be an undivided share, the person paying the same shall state to the Treasurer the name of the owner of such share, that it may be excepted in case of the sale for the tax on the remainder, for which purpose the Treasurer shall enter the name of such owner in his account of arrears of taxes. [832.] SEc. 50. The Township Treasurer shall retain in his Moneys collect. e, how dispea. hands the amount specified in his warrant to be paid into the ed of by Town' Township Treasury, for the purposes therein specified, and shall, Treasurer. within one week after the time specified in his warrant for pay ing the money directed to be paid to the County Treasurer, pay to such County Treasurer the sum required in his, warrant, either in delinquent taxes, or in funds then receivable by n.s.,se. 44. law. [833.] SEc. 51. If any of the taxes mentioned in the taxlist Return of taxes annexed to his warrant shall remain unpaid, and the Township ~t~ected Treasurer shall be unable to collect the same from the owner or occupant of the premises assessed, hlie shall make out a statement of the taxes so remaining unpaid and due, with a full and R. S., Sec. 45. perfect description of such premises firom his tax roll, and submit the same to the County Treasurer. [834. SEc. 52. The County Treasur, r shall Immediately corn- Return to be pare such statement with the tax roll in the hands of such Town- tax roll, ed wit. ship Treasurer, and if he finds it to be a true transcript from the same, he shall add to it- a certificate, showing that he has examined and compared such statement with the tax roll in the hands of such Township Treasurer, and found it correct; and R. s., Sec. 46 shall file such statement so certified in his office.. [835.] SEc. 53. Upon making an affidavit to be annexed to Affidavit of such statement before the County Treasurer, or his deputy, duly at time of makappointed, or before any officer authorized to administer oaths, ig return. that the sums mentioned in such statement remain unpaid, and 15768, Act 32, p that he has not, upon diligent inquiry, been able to discover any goods or chattels belonging to the person charged with or liable to pay such sums, whereupon he could levy the same, the Township Treasurer shall be credited by the County Treasurer with the amount thereof, and for making the return aforesaid, he shall be entitled to recover [receive] one dollar and fifty cents, Compensation and six cents per mile, travelling fee one way, to be allowed and turn. e paid to him by the County Treasurer, together with two per cent. on all taxes returned as delinquent; but no such Treasurer shall be allowed more than ten dollars, includingsaid two per cent., for making his return.1 Form of Affdavit of Township Treasurer to Statemnent on Return of Tax List. STATE of MICHIGAN, s Ionia County. A. B., Township Treasurer of the Township of Sebewa, in the county aforesaid, being duly sworn, doth depose and say, that the sums mentioned in the annexed statement remain unpaid, and that he has not, upon diligent inquiry, 119 120 Town Law8 of Michigan. [DIV. Ix. Receipt to be [836.] SEC. 54. The County Treasurer shall give to the Towngiven,Township ship Treasurer a receipt, stating the amount of taxes returned by credited, etc. such Township Treasurer unpaid, and for which the township 18650, p. 161. shall receive a credit on the books of the County Treasurer; and shall also give such Township Treasurer a statement of all taxes rejected by such County Treasurer out of such list; which re ceipt and statement shall be the vouchers of such Township Treasurer for the amounts therein specified. Endorsement of [837.] SEc. 55. Upon the settlement of the amount of taxes satisfaction on directed to be collected by the Township Treasurer and paid to bond; tax roll and warrant to the County Treasurer, such County Treasurer shall endorse the be deounsited bond of the Township Treasurer as -paid up; which endorsewith Countyshldicag Treasurer. ment shall operate as a full discharge of the Treasurer and his sureties from the obligation thereof, unless it shall afterwardg appear that the return of such Treasurer is false; in which case such bond shall continue in force, and such Treasurer and his R. B., Sec. 48. sureties shall be liable thereon for all damages occasioned by such false return; and the Township Treasurer shall immediately deposit his tax roll and warrant with the County Treasurer, who shall file and preserve the same in his office. When Town- [838.] SEC. 56. In case the Treasurer of any township-shall ship Board refuse to serve, or shall die, resign, or remove out of the town shl point TreasurPer, and ship before he shall have entered upon, or completed the duties proceedings of his office, or be disabled from completing the same from any thereupon. cause, the Township Board shall forthwith appoint a Treasurer for the remainder of the year, who shall give like security, and be subject to like duties and penalties, and have the same powers and compensation as the Treasurer in whose place he was ap pointed; and the Township Clerk shall immediately give notice R. 3.. Sec. 49. of such appointment to the County Treasurer; but such appoint ment shall not exonerate the former Treasurer or his sureties from any liability incurred by him or them. Moneys retain- [839.] SEC. 57. In case the Township Treasurer shall not ed byTownship collect the full amount of taxes required by his warrant to be Treasurer, in what order to paid into the Township Treasury, such portion thereof as he be paid. shall collect shall be retained by him, and paid out for the fol lowing purposes, and in the following order, viz.: R. B, Sec. 50. 1. The amount raised for the general township purposes, to be paid on the order of the Township Board; 2. The amount raised for school and library taxes, to be paid on the order of the School Inspectors, or school district officers, as the case may be; 3. The amount of the highway taxes, to be paid on the or der of the Commissioner of Highways. been able to discover any goods or chattels, belonging to the persons charged with or liable to pay such sums, whereupon he could levy the same. A. B, Subscribed and sworn to before me this day of — A.D. 18-. a. D., County Treasurer. 120 Township Laws of Michigan. [DIV. Ix. DIV. Ix.] Of Assessment and Collection of Taxes. [840.] SEC. 58. At the time of paying over the moneys col- Township lected to the County Treasurer, pursuant to the provisions of Treasuretr to 5 p ~ ~ ~ ~ ~~~~make oathi to this chapter, the Township Treasurer shall make out, under statement of oftaxes collected. oath, a, statement of all moneys collected by him on account of R. es, Se. 51. taxes, and deliver such statement to the County Treasurer, who Tweed V. Met c-alf; 4 Mich. shall file and preserve the same in his office. Rep'. [841.] SEC. 59. The Township Treasurer shall receive, not Compensation of Treasurer to exceed four nor less than two per cent. on the amount col-for collecting lected, which he shall retain out of the moneys collected by him; taxes. and in case of a distress and sale of goods or chattels for the payment of any tax, the Treasurer may also collect, on such sale, one dollar and twenty-five cents over and above the tax, as his fees for making such sale; which per centage and fees shall be R. S., See. 52. in full for his services in collecting such taxes; and said Treasurer 1849, p. 116. shall account to the Township Board for the per cent. added for collection expenses on all non-resident lands returned to the County Treasurer. [842.] SEc. 60. In case the Township Treasurer shall neglect When Super visor to deliver or refuse to file his bond with the County Treasurer in the man- tax roll and ner and within the time prescribed by law, and the Township warrant to Board shall fail to appoint a Treasurer who shall give such bond, poSheriff, and du Board ~~~~~~~~~~~~~~~~powers and duand deliver a receip3t for the same to the Supervisor byth e tenth ties of Sheriff and deliver a the tenth ~~~~~~~~~~thereon. day of November, the Supervisor shall deliver the tax roll and warrant to the Sheriff of the county, to be executed by himself, or his deputy, who shall execute to the County Treasurer a like R. S., Sec. 52. bond as is required of the Township Treasurers, and make like collection and returns, and shall be entitled to the same compensation allowed to the Township Treasurers, on all taxes so handed over to him for collection; and, for the purposes of collecting the same, shall be vested with all the powers conferred upon the Township Treasurer. [843.] SEC. 1. The Township Treasurer, orothercollecting Colecting ofofficer, on receipt of any tax, shall give a receipt for the same, cer to giveaye for th same,ceipt on payand shall note on his tax roll the payment thereof; and if mentor taxes any such treasurer or other collecting officer shall wilfully return to the County Treasurer as unpaid any taxes which have been paid to him, except when the same have been duly assessed, he 1858, Act 32, p. shall be deemed guilty of a misdemeanor, and shall, on convic- 176. tion thereof, be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or both, in the discretion of the court, and be liable, together with the surety in his bond, to any person injured by such false return to the full amount of any loss sustained thereby. [844.] SEC. 62. If any Township Treasurer, ward collector, Duty of County or other collecting officer in the city shall neglect or refuse to Treasurer. pay to the County Treasurer the sums required by his warrant, i The failure of the Collectorto make a statement, under oath, of all moneys received by him as Collector, under Section 41, page 71, Act 1843, does not render the proceedings to sell void; such oath is required to secure an accurate accounting of all the moneys in the Collector's hands, and has no reference to the return of lands for delin qent taxes.-Tweed v. Ifetcalf, 4 Mich. 579. I 121 Township Laws of Michigan. R. S., Sec. 55. or to account for the same as unpaid, as required by law, the County Treasurer shall, within ten days after the time when such payment ought to have been made, issue a warrant under his hand, directed to the Sheriff of the county, commanding him to levy such sum as shall remain unpaid and unaccounted for, together with his fees for collecting the same, of the goods and chattels, lands and tenements of such Township Treasurer, ward collector, or other collecting officer, and their sureties, and to pay the said sums to such County Treasurer, and return such warrant, within forty days from the date thereof. Warrant to be [845.] SEC. 63. The County Treasurer shall forthwith deliver delivered to and such warrant to the sheriff of his county, who shall immediately executed by the Sheriff of the cause the same to be executed, and shall make return thereof county R. S.,YSee. 56. to the County Treasurer within the time specified for the return thereof, and pay to such Treasurer the amount required by such warrant; and such sheriff shall be entitled to collect and re ceive the same fees as are allowed by law to the sheriffs on exe cutions. Proceedings [846.] S:Ec. 64. If any sheriff shall neglect to return any against Sheriff for neglect or such warrant, or to pay the money collected thereon, within the false returns. time limited for the return of such warrant, or shall make a false return thereto, the County Treasurer shall proceed by at tachment in the Supreme Court, or any other court of compeR. S., Sec. 57. tent jurisdiction, against such sheriff, to collect the whole sum directed to be levied by such warrant, in the same manner and with like effect as for neglecting to return an execution in a civil suit, and the proceedings thereon shall be the same in all respects. When County [847.] SEc. 65. In case the County Treasurer shall.fail to colTreacurter tSher- lect such moneys by attachment, he shall forthwith cause a iff and his sure- prosecution to be had against the sheriff and his sureties for the ties. R. B., See. 58. sum due on such warrant; which sum, when collected, shall be paid to the County Treasurer. County Treas- [848.] SEc. 66. When any County Treasurer shall receive urer to enter re from a Township Treasurer a statement of unpaid taxes on the turn of lands tdaelinquent faor lands of residents or non-residents, verified according to law, taxes, and make transcript, etc. such County Treasurer shall enter the same at length on the books in his office provided for the purpose, and he shall make a correct transcript thereof, which shall be compared by the R. s., Sec. 59. County Clerk with the statement of the Township Treasurer; and if he finds it to be a true transcript thereof, he shall add to it a certificate that he examined and compared the same with the certified statement of the Township Treasurer, and found it correct. Transcriptto be [849.] SEC. 67. Such transcript, so made out, compared and fhorewaruddeidotro certified, shall be forwarded by the County Treasurer to the General by the Auditor General, by the first day of March next after the refirst of March following. turn of such statement; but such transcript shall be receivable R. S., Sec. 60. at any time during said month of March. 122 [DIV. IX. DIV. Ix.] Of Assessment and Collection of Taxes. [850.] SEc. 68. If the taxes on any real estate, assessed to a Real estate a. resident or owner thereof, shall be returned unpaid, the same deednto Oresicd proceedings shall be had thereon in all respects as in cases ofingsonretura o ff lands assessed as non-resident, and with like effect. 1858, Act 32, p. [851.] SEC. 69. Any person may pay the taxes on any par- 176. Payment of eel of lands returned as aforesaid, or any undivided share there- taxes after re. of, with interest calculated thereon, from the first day of Febru- turn. ary next after the same were assessed, at the rate of fifteen per R. s., sec. 62 cent. per annum, and the office charges, to the Treasurer of the county in which the lands are situated, at any time before they are sold for taxes, or to the State Treasurer, on the certificate of the Auditor General, at any time before the first day of September next preceding the time appointed for such sale. [852.] SEC. 70. The County Treasurer and Auditor General Of'ficeharge., shall add, for office charges upon each certificate containing one description, twenty-five cents, and for each additional description, in the same certificate, six cents; and the amount received R. S., See. 63. by the County Treasurers for charges, shall go into the County Treasuries, of which they shall keep an accurate account, and the amount received at the State Treasurer's office shall go into the State Treasury, to the credit of the general fund. [853.] SEC. 71. The County Treasurers shall issue duplicate Duplicatere. receipts for all taxes received by them, which shall not operate cRStSe 4. as a discharge of the taxes until countersigned by the County Clerk, and one of said duplicates shall be left with such clerk; but no additional charge shall be made for issuing duplicate receipts. [854.] SEC. 72. The duplicates of such receipts shall be filed County Clerk to enter receipt, by the County Clerk, who shall make an entry of the amount tran smneite dutPi. for which every such receipt was given, with the name of the cate, etc person paying such tax, in a book to be provided by him for that purpose, at the expense of the county; and shall, on the R. S., Se. 65, first Monday of each month, forward all receipts on file in his office to the Auditor General, in such manner as he may direct. [8-55.] SEC. 73. Every County Treasuer, who shall have re- When County ceived into the Treasury of his county sufficient to make up the Treasiurer rtot make return of amount of taxes assessed for township and county purposes, moneys to State shall make returns at least once in three months, to the State Treasurer. Treasurer, at such times, and in such manner as he shall direct, R. S., See. 66. of the amount received by him for delinquent taxes, payable to such State Treasurer. [856.] SEC. 74. Until the several counties, which shall have When County r e m a i n i n g unpaid more delinquent taxes than th e amount of the Treasurer to re. ceive taxes pat4 state tax for the year in which the same were assessed, shall to State Treaty have received the amount raised for township and county pur- urer. poses, they shall be entitled to receive from the State Treasurer, R. S., See. 07, at the close of each month, in specie, or its equivalent, the amount there received for delinquent county or township taxes returned firom the several counties, until they shall have received the amounts assessed in such counties for other than State tax. 124 Towsh Law8 of Mic1igam. [DIV. Ix. When County [857.] SEc. 75. Immediately after the returns of the several Try eurer into Township Treasurers to the County Treasurers, in all cases where tate Treasury. the amount collected shall exceed the amount raised for county and township purposes, the County Treasurer shall forthwith pay into the State Treasury the excess collected as aforesaid, R. S., Sec. 68. for which amount the said counties shall be credited on account of the State tax for the proper year. OF THE SALE OF LANDS FOR TAXES, AND THE CONVEYANCE AND REDEMIPTION THEREOF. What lands to [858.] SEC. 76. All lands returned to the Auditor General, be subject to re as provided by law, upon which the taxes, interest and charges demption and sale, and when shall not he paid, or be charged back to the proper county, shall to be sold. be subject to sale and redemption, as hereinafter provided, and shall be sold in the same county from which they were returned, R. s., Sec. 69. or in which the lands were situtated at the time such taxes were assessed. Statementto be [859.] SEc. 77. The Auditor General shall make out a sepa made by Audi- rate statement of all such lands as the taxes shall remain due tor General. tor General upon, in each of the respective counties; specifying the amount of taxes due upon each parcel, the interest thereon to the first lMIonday of October thereafter, together with the costs of ad vertising, postages, expense of sale, and returns thereof, and conveyances, calculated upon each description, by dividing such charges by the whole number of descriptions. And accompany 1848, p. 257. ing, or preceding such statements, the Auditor General shall cause to be published in the respective counties, a list of all lands not sold by the several County Treasurers at the time pre scribed by law, on account of error in advertising, or other cause not affecting the legality of the assessment, or requiring a rejection of the taxes thereon, and on which the taxes, interest and charges still remain unpaid, or not otherwise discharged, for the taxes of any year prior to that for which the statements above mentioned are made up; and deeds given by the Auditor General to purchasers at such sales, or their assigns, shall take effect according to the year's tax for which the deed may be given; the deed for the latest year's tax taking precedence; and the interest on such re-advertised lists shall be computed at the tame rate as in other cases, up to the time of the ensuing annual sax sales. Auditor Gene. [860.] SEc. 78. The Auditor General shall cause each of raltocause such statements to be published in the county in which the statement to be published. lands therein described are situate, for eight weeks successively, next previous to the first Monday of October in each year (which shall be construed to mean eight publications, once a R. S. Sec. 72 week), in one newspaper, printed and published in such county, if there be one which shall have been established therein two months prior to the first day of July; and in case there is no such newspaper printed and published in the county, such state ment shall be printed and published in an adjoining county, if 124 Township Laws of Michtigan. [DIV. IX. DIV. IX.] Of Assessment and Collection of Taxes. there be such newspaper established therein for the period afore- When tobe said; but if there is no such newspaper printed, or published in pubished in ad.t the same, or any adjoining county, such statement shall be printed and published in some other newspaper, to be designat ed by the Auditor General. [861.] SEC. 79. The newspapers in which such statementsAuditorGene. are to be published, shall be designated by the Auditor General, pal to designate on or before the first day of July in each and every year, and paper, et not afterwards, unless the proprietor of any paper so designated shall neglect, or refuse to print and publish such statement, or R. S3., Seo. 72. unless from some other cause it shall become impracticable; in which case the Auditor General shall designate some other paper for that purpose, before the time limited for commencing the publication.k [862.] SEC. 80. The cost of printing and publishing such Cost ofprintine statement shall not exceed forty (40) cents for each description 1858, Act 2, p of land so advertised, and no printer shall be paid for publish- 176. ing any such statement, who shall not forward to the Auditor General within twenty (20) days after the last publication thereof an affidavit made by some person to whom the facts are known, stating such publications, and also that he has transmitted to each County Treasurer, by mail, copies of the two first numbers of his paper containing such statement, immediately after their publication: Provided, hItowever, That such state'- Where state. ment to be pub. ment shall he published in a newspaper in the county in which lished. pub the sale takes place, if there be one; and if no newspaper be printed in such county, then such statement shall be published in an adjoining county, or in a newspaper published in the next nearest county to the county in which such sale takes place. [863.] SEC. 81. The Auditor General shall annex to, and Notice to be published With cause to be published with each of said statements, a notice pstatement. that so much of each tract or parcel of land described in said statement as will be necessary for that purpose, will be sold by the County Treasurer on the first Monday of October next R. S., Se, 74. - ~Niles v. Wailker thereafter, at such public and convenient place at the seat Of 4MieOsh. Rep. justice of the county, as the County Treasurer may select, for the payment of taxes, interest and charges thereon.1 [864.] SEC. 82. As soon after the first Monday of September Lists of lands to be withheld as shall be practicable, the Auditor General shall prepare and to be transmittransmit to the several County Treasurers, lists of all lands de- ted by Auditor General to scribed in the respective statements, on which the taxes, in- CountyTreaaterest and charges shall have been paid; which lands, together urer, ete. with all the lands whereon the taxes, interest and charges shall J As amended by "An Act to amend an Act, entitled,' An Act to provide for Assessir,g Property at its true value, and for Levying and Collecting Taxes thereon,' approved February 14, 1853." Approved Februry, 12, 1855. Laws of 1855, p. 278. kAs amended by the Act of February 12, 1855. See last note. 1 A written notice by the County Treasurer of the place of sale of lands delinquent for taxes, posted in three public places in the town where the sale is to be, about ten days before the time of sale, is insufficient, and renders the sale void.-Miles v. Walker, 4 Mich. 631. 125 126 Tow8h Law8 of Micha. [DIV. Ix. R.S., Sec. 75. have been paid to the County Treasurer before the-sale, shall be struck from the statement of lands advertised to be sold by the respective County Treasurers, and shall be withheld from sale. Sale how made. [865.] SEC. 83. On the day designated in the notice of sale, the several County Treasurers, under the direction of the Audi tor General, shall commence the sale of those lands on which R.., Sec. 76. the taxes shall not have been paid as aforesaid, and shall con2 Mich. Rep. tinue the same from day to day (Sundays excepted), until so 192. much of each parcel thereof shall be sold as shall be sufficient to pay the taxes, interest and charges thereon: Provided, That every description of land embraced in said notice, which has been bid off to the State at a previous sale, and which remains unredeemed, or otherwise disposed of, shall be bid off to the State by said County Treasurers.1 Whereland [866.] SEC. 84. In case less than the whole of any parcel, taken whenI described in the statements aforesaid, shall be sold for the taxes, Van of lot only ais sold. interest and charges thereon, the portion thereof sold shall be taken from the north side, or north end of such parcel, and shall R. B., Se,. 77. be bounded on the south by a line running parallel with north erly line thereof, unless the same be an irregular fraction; in which case the portion thereof so sold, shall be bounded on the south by a line running due east and west. Payment of'[867.] SEC. 85. The County Treasurers may, in their discrebids, when to be tion, require immediate payment of any person to whom any lrnade, etc. R. s., See. 78s. parcel of such land shall be struck off; and in all cases where payment is not made in twenty-four hours, he may declare the bid canceled, and, at his discretion, sell the lands again; and any person so neglecting, or refusing to pay any bid made by him, shall not be entitled, after such neglect, to have any bid made by him received by the Treasurer during such sale. Funds reeeiva. [868.] SEC. 86. The several County Treasurers shall receive, ble at sales. on such sales, such funds only as shall, at the time, be receivable R. S., sec. 79. by law at the State Treasury on account of the general and de linquent tax funds; and so much as may be necessary to pay for printing, and charges of sales, shall be paid in specie, or its equivalent. Notice of am'nt [869.] SEC. 87. The State Treasurer shall notify the County to be paid in Treasurers what amount must be paid in specie, or its equivaspecie; State Treas.rertoe lent; and the remittance of all moneys received at tax sales direct remit- shall be made as directed by the State Treasurer; and the extances, etc. R f3s., Sec. 80. penses of advertising and sale shall be paid therefrom on the Auditor General's warrant, and the remainder shall be placed to the credit of the general fund, as received. Certificate of [870. SEC. 88. At the sale aforesaid the respective County sale, etc. Treasurers shall give to the purchasers, on the payment of their 1 A County Treasurer having charge of the sale of lands for delinquent taxes, became the purchaser of certain premises at said sale; the purchase by him was declared void. It was held also that his purchase being a nullity, he could not be allowed for improvements made by him on the property.- Clute et al. v. Barron, 2 Mich. 192. [DIV. IX. Town,ship LaW8 of Michigan. 126-' Of Assessmrent and Collection of Taxes. bids, a certificate in writing, describing the lands purchased, 1858, Act 32,p. I ~~~~~~~~~~~~~~~~~~~~~~~176. and the amount paid therefor, and such certificate shall be regularly numbered and a copy of each forwarded by the County Treasurers to the Auditor General in such manner as he shall direct. [871.] SEC.'89. On presentation of such certificate of sale to Deed to purthe Auditor General after the expiration of the time provided chaser. by law for the redemption of land sold as aforesaid, he shall execute to the purchaser, his heirs, or assigns, a deed of the land therein described, unless he shall have discovered that the taxes for which said lands were sold had been paid according to law, which deed shall be prima facie evidence of the regularity of all the proceedings from the valuation of the lands by the assessors to the date of the deed inclusive, and of title (in fee) in the purchaser, and every such deed when witnessed and acknowledged in the manner prescribed by law for witnessingand acknowledging deeds in other cases, and after it shall have been on record two years in the office of the register of deeds of the county in which the lands therein described are situated shall except: First. When the same shall be annulled according to law; Second. When the land sold was not subject to taxation at the date of the assessment of the taxes for which it was sold; 1 The Auditor General cannot assume the power to convey lands sold for taxes on forfeiture, unless it is expressly conferred upon him by statute. But section 76 of the act relating to taxes (Session Laws, 1843, page 683), providing that lands returned for the taxes of 1841 shall be sold at the same time and in the same manner as provided in said act for the taxes of 1843, "And in all respects with like effect." Taken in connection with sections 64 and 65 of said act, expressly confer upon the Auditor the power to execute deeds to purchasers, at tax sales of and for delinquent taxes of 1841.-Sibley v. Smith, 2 Mich. 487. The last clause of Section sixty-five of the act of 1843, page 80, which declares that the "Deed shall be prima facte evidence of the regularity of all proceedings to the date of the deed," relieves the purchaser having the deed from proving as facts the proceedings required by statute before the sale, and abrogates the common law rule of strict-construction, otherwise applicable to such cases.-Ibid. The Auditor's deed need not recite the proceedings prior to the sale. The recitals need show Do more than the capacity in which the Auditor acts. Under the laws of 1842 and 1843 there is no limitation of the quantity to be sold, for the taxes of a given parcel. —lbid.' To obviate the effect Qf the law, making the tax deed primafacie evidence of the regularity of all proceedings iup to its date, such evidence must be produced by the party objecting ss will exclude any reasonable presumption of regulaity. There must be must be such evidence of irregularity as to require explanation. The evidence must be of matters presumptory and not directory. Some specific defect, the insufficiency of some particular act, or the non-performance of some requisite duty must be shown.Lacy v. Davis, 4 Mich. 140. By the act of 1843 (Sess. Laws 1843, p. 79) sales for taxes were to commence on the first Monday of October, and continue from day to day (Sundays excepted), until, &c. The Auditor's deed recited the sale of a parcel of land to have been made on the 11th of October but this was held no evidence to invalidate the sale, and that it was incumbent on the party objecting to the deed to show a non-compliance with the statute. One in possession of land claiming title can acquire no additional interest by suffering the land to be sold for taxes, and becoming the purchaser, if such taxes were a lien upon the land at the time of his taking possession; and it is immaterial whether the land was assessed to the occupant or to one having title, or claim of title, or as non-resident. —Lacy v. Davis, 4 Mich. 140. Although it is not competent for one to acquire a cumulative title to lands by allowing them to be sold for delinquent taxes after he has taken possession of them, by virtue of a tax deed, he may bid upon the same lands at a tax sale before the time of redemption unless his former purchase has expired, and to have the benefit of such bid.-Tweed v. Metcalf, 4 Mich. 579. To entitle a tax deed given in 1838, to be received as evidence of title, the regularity of the proceedings prior to the tax sale must be shown.-Ives v. Kimball, 1 Mich. 308. 127 DIV. IX.] Township Laws of Michigan. Third. When the taxes have been paid to the proper officer within the time limited by law for the payment or redemption there; or Fourth. When a certificate that no taxes were charged against the land has been given by the proper officer within the time limited by law for the payment or redemption thereof; * Be positive evidence that the lands therein described were by such deed conveyed in fee simple to the grantee therein named, and his heirs and assigns, and no suit of ejectment shall be commenced to recover said lands, or title thereto, sustained thereafter by any person claiming or holding possession or title through any other source. Loss of Certif- [872.] SEC. 90. In case of the loss of such certificate of sale, cate. the purchaser, or his legal representative, as assignee, may file his affidavit of such loss, and that he was, at the time of such loss, the bona fide and legal owner thereof; and the Auditor General shall thereupon execute, as aforesaid, a deed for the 1847, p. 121, Sec. lands described in such certificate, in the same manner as though it had been presented and surrendered. Any person who shall make an affidavit as above required, or concerning any other matter which may be filed in the office of the Auditor General, shall be liable to the penalties of perjury for any false statement made in such affidavit, with intent to defraud, upon conviction thereof, before a Court having jurisdiction of the offence. How lands may [873.] SEc. 91. Any person owning any of the lands, sold as be redeee from saedeeed aforesaid, or any interest therein, may, at any time within one year next succeeding such sale, redeem any parcel of said lands, 158. Act 32 P or any part or interest in said lands, by showing to the satisfac tion of the Auditor General or County Treasurer that he owns only that part or interest in the same which he proposes to re deem, and by paying at his option, into the State Treasury, or to the Treasurer of the county where such land is situated, the amount for which such parcel was sold, or such portion thereof as the part or interest redeemed shall amount to, with interest thereon at the rate of twenty-five per cent. per annum; of which interest twenty per cent. shall be paid by the State Treas urer to the purchaser, and five per cent. shall belong to the State and be passed to the credit of the general fund. Interest how [874.] Sec. 92. When any land shall be redeemed as procomputed. vided in the preceding section, the interest shall, in all cases, be R. S., Sece. 84. computed from the day of sale up to the end of the current quarter of the year limited for such redemption. Duplicate certi- [875.] SEC. 93. Upon the payment of the redemption money ficates ot Re- and interest to the County Treasurer, as aforesaid, he shall issue demption to be issued, etc. duplicate certificates of redemption, in the usual form, both of which certificates shall be countersigned by the County Clerk, who shall make an entry of the number of each certificate, the 1847, p.121. amount for which it was given, and the name of the person paying the same; one of which certificates shall be delivered to the person making the payment, and the other shall be trans 128 [DIV. ~Ix. ilV. Ix.] Of Assessment and Colleection of Taxes. mitted bythe County Clerk to the Auditor General, on the first Monday in each month, in the same manner as is now re quired for the transmission of duplicate receipts. [876.] SEC. 94. The total amount of such redemption certi- Auditor Gone. ficate shall be charged by the Auditor General to the county ral to charge County with returning the same, if the amount shall be found by the books amount of COer. of his office to be due such county; and if not thus due, then tiffcate, eta the said amount shall be deposited in the State Treasury by the County Treasurer, at such times as the Auditor General shall 1847, p. 122. require; and if the said County Treasurer shall refnse or neg lect for thirty days after such requirement to pay over, or de posit the amount as aforesaid, he shall be subject to a prosecu tion by the Auditor General, under the provisions of the thirty sixth section, chapter one hundred and fifty-four of the Revised Statutes of one thousand eight hundred and forty-six; and upon conviction, shall be punished as therein mentioned. [877.] SEC. 95. Every County Treasurer shall, on or before countyTreas. the first day of June next succeeding his election, execute to urer to exedoute Bond to Auditor the Auditor General a bond-in such sum as the said Auditor GeneraL shall direct, with three or more sureties, to be approved of by the Prosecuting Attorney, County Judge, or Circuit Court Commissioners, of the proper county, and the said Auditor, 1847, p, 122. conditioned that such Treasurer, his deputy, and all persons em ployed in his office, shall render a just and true account of all moneys received by him, or them, for sales of lands at the annual tax sales, and for redemption thereof, and all other money which may otherwise come into his or their hands, belonging to the State, and that he or they shall faithfully and promptly pay to the State Treasurer all such moneys received as aforesaid, whenever required so to do by the Auditor General; which bond shall be filed in the office of said Auditor. [878.] SEC. 96. In case the said County Treasurer shall re-In case County fuse, or neglect to execute and file such bond at the time, and Trreasurer neg. lects to file bond in the manner aforesaid, the Auditor General shall employ, in Auditor Goene. ,ral may employ behalf of the State, some other person to conduct the annual some other pery sales of lands delinquent for taxes, and to receive payment leon to ondaot therefor under his direction, any law to the contrary notwithstanding; upon such person executing and filing with the said Auditor a similar bond, with sureties as above mentioned, to be by him approved, conditioned for the faithful and prompt payment to the State Treasurer of all moneys which may come into his hands, as the proceeds of such sale or otherwise, belonging 1847, P. 122. to the State, whenever required so to do by the Auditor General as aforesaid; and a reasonable compensation for the services of such person shall be allowed, and paid out of said proceeds. [879.] SEC. 97. If any parcel of land can not be sold to any When lands to person for the taxes, interest and charges, such parcel shall be be re-offered for sale, and when passed over for the time being, and shall, on the succeeding day, bid in for the or before the close of the sale, be re-offered; and if, onl suchate second offer, or during such sales, the same can not be sold for 129 Township Laws of Michigan. l.S.,Seo. 85. the amount aforesaid, the County Treasuer shall bid off the same-for the State. Lands bid off to [880.] SEc. 98. All lands bid off for the State, as provided the State liable in the last preceding section, shall continue liable to be taxed, to taxation2. B.S.,Seeo.8. in the same manner as if they were not the property of the State, and such taxes shall be a charge upon such lands. Proceedings in [881.] SEC. 99. If the Auditor General shall discover before case of irregu- the sale, or before the conveyance of any lands, as aforesaid, larity s858, Act 32, p. that the same were not.subject to taxation at the date of the 178. assessment of the taxes, or that the taxes have been paid, he shall forbear to cause the same to be sold, or withhold a con veyance after sale, as the case may-be; and in such case, if a sale has been made, he shall, on demand, cause the money paid therefor to be refunded, with seven per cent. interest thereon. Wthen amount [882.] SEC. 100. If such errors originated with the county refunded tobe or township officers, the amount so refunded shall be charged charged against County. against the county from which the tax was returned, and the . S., Sec. 88. Supervisors of such county shall cause the same to be refunded to the State Treasury. Ibid. [883.] SEC. 101. Any person having an interest in any lands sold as aforesaid by the Auditor General, other than such as Persons inter- hold or claim to hold under a tax title, whether in his own right, pbrtodfs mbeYfrkea or in trust, or as executor, administrator, guardian or trustee, circuit court may at any time within two years from the date of the deed, comissioner. and in cases of sales at any time heretofore made, within two years from the time this act shall take effect, and not after that period, present a petition to a circuit court commissioner of the county in which the land or a part thereof is situated, setting forth that the taxes have been paid, or that he had [has] good ground to believe, and does believe, that there are irregularities in the assessment or other proceedings, affecting the rights of such party in interest, and especially setting forth each and all the objections and alleged errors on which he relies, and the names and residences of all persons having any interest in the lands under the tax sale and deed, which petition shall be verified by the affidavit of the person presenting the same, or by his agent or attorney, to be attached to such petition: Provided, That he may present such petition at any time: 1st. When the land sold was not subject to taxation at the date of the assessment of the taxes for which it was sold; 2d. When the taxes have been paid to the proper officer within the time limited by law for the payment or redemption thereof; 3d. When a certificate that no taxes were charged against the land has been given by the proper officer, within the time limited by law for the payment or redemption thereof. On the presentation of such petition, such commissioner shall make and endorse thereon an order for receiving evidence, and for taking examination of witnesses on the part of the parties to said petition, before him, in the matter of said petition; and 130 [DIV. IX. DIV. IX.] Of Assessment and Collection of-Taxes. shall in said order fix the time, not less than twenty days from Petition and the presentation of the petition, and the place in his county mode of prowhen and where he will procee d to take such evidence or exami-eedingt on nation of witnesses. A copyof such petition, affidavit and order, shall be served upon the person or persons holding such tax title, or claiming any interest therein in law or equity, if residing in inthe county and in the same manner prescribed for the service of a summons from the circuit court, at least twenty days before the commissioner shall take such evidence or examination. If such per. son or persons reside in any other county in this State, the commissioner shall allow such further reasonable time for making such service, and the appearance of such parties, as shall be just; and after the first time fixed for the hearing, the commissioner shall, upon the application of any party to the petition, anid upon good cause shown, continue the hearing from time to time for the purpose of taking the evidence. In case any party entitled to such service is not a resident of this State, and can not be served as aforesaid, on filing an affidavit of that fact with the commissioner, the petitioner shall be entitled to an order of the commissioner for the appearance of such party, such as is or may be authorized by law for the appearance of.such parties in suits in chancery in the circuit courts, which order shall be published as required by law in such suits; or in case of failure of appearance in accordance with such order, the commissioner may proceed ex parte to take the evidence and examination, and the sameshall be binding on the parties failing to appear. All statutes and rules of the circuit court sitting in chancery, in force during the pending of such petition before the commissioner touching infants and persons under guardianship, as parties to a suit, shall, so far as may be, apply to the proceedings before the commissioner, and he shall apply the same. The commissioner shall have power to administer oaths to all such witnesses, who may be examined and cross-examined, and who shall subscribe to their respective depositions; and the commissioner may take all affidavits requisite in the matter, and may issue subpoenas, which may be served on witnesses in any part of the State. And when the evidence and the examination of witnesses shall Commissioner be completed, the commissioner shall certify them; [and,] there. shall enter his upon, and within four days thereafter, render his decision there- decision. on, and within ten days after the rendition of said decision or judgment, either party, or any person interested in such proceeding, may appeal therefrom to the circuit court for the county in which such proceedings may be had, by giving notice in writing of his intention to appeal, and such commissioner shall within ten days after receiving notice of such appeal, file the petition, certified copies of all his orders, the originals of all proof of service and depositions taken by him, together with his decision, in the office of the clerk of the circuit court of his county, and shall in his return set forth, briefly, all objections taken before him, to any portion of the evidence, to the competency thereof, i3i Town8hp Laws of Michigan. Party aggrieved or to any order made by him. And upon such filing, the circuit cmriatPPoeurlto court shall have jurisdiction of the matter, and full power and authority to determine all questions of Jaw or fact therein, and to render judgment annulling or affirming the title in contro versy, which judgment shall be rendered and recorded like other judgments in said court, subject to be reviewed on writ of certiorari, by the supreme court, at any time within two years: Provided, however, That on the application of any party to said petition, to the circuit court, he or they shall be entitled to have any issue of fact arising in the matter, tried by a jury, in which case the court shall, by order, cause the issue to be made up and tried, as in other cases 6f trial of issues of fact. Clerk of the [884.] SEc. 102. Whenever any judge of the circuit court dcirculit court itfio shall have annulled, for any of the reasons enumerated in the deliver certified copy of judg- preceding section, the title to any description of land conveyed menL.1 in any deed executed by the Auditor General, as aforesaid, or 1858. Act 32, P. any part thereof, the clerk of the circuit court of the county in 176. which the land is situated, shall, on application of either party, and payment of fifty cents, make and deliver to such party, a Registerto re- certified copy of such judgment. And whenever such copy of cord, eto. judgment shall be presented to the register of deeds ot said county, where said deed shall have been recorded, the register shall record the same, and make a short written memorandum on the margin or face of the deed of the description of the land, and that the title has been annulled or affirmed, as the case may be, and the date of the judgment, and of the recording thereof. Auditor Gene- [885.] SEC. 103. In all cases where lands sold for taxes have ral to certify to been conveyed by deed, and the title has been annulled pur(County Treas-'z urer. a suant to law, the Auditor General shall, on presentation of a 1758, Act 32, p. copy of the judgment annulling the same, refund to the holder t76. of said title the purchase money and interest thereon, as the law requires, and certify the fact to the proper County Treasurer. Money to be re- [886.] SEc. 104. Such money, when paid by the State Treasfunded to State. State not liable urer, shall be refunded to the State Treasury by the proper for costs. county; and in any action of ejectment brought by the owner s., See.90. to recover such lands, the State shall not be liable to costs. Accounts of [887.] SEC. 105. The Auditor General shall state the account Ceounty Trestat- of the several County Treasurers, on the first day of July in urers to be statedl by Auditor each year, allowing to the several counties ten per cent. interest General on, such portions of the taxes unpaid on the first day of FebR.., Sec. 91. ruary in the same year as shall belong to them for township and county purposes, and shall transmit a copy thereof by mail, or otherwise, to the County Clerk, who shall lay the same before the Board of Superyisors at their first meeting after the receipt of the same. OF REJECTION AND ASSESSMENT, When tax re. [888.] SEC. 106. Whenever the County Treasurer shall be jected, etc., Su- pervi,sorto rSe- notified by the Auditor General, or shall otherwise become satisassess thesame. fled that any tax has been paid to the Township Treasurer, or 132 [DIV. IX. DIV. IX.] Of Assessment and Collection of Taxes. that there was a double assessment upon any lands, or that any R. S.. Sec. 92, parcel is so erroneously or defectively described that it can not be sold, he shall deliver to the Board of Supervisors an accurate statement thereof; and the said board shall cause the same to be re-assessed upon the same land in the next year's tax, or raise the amount upon the proper township, or otherwise correct such errors, as they shall consider just.' [889.] SEc. 107. The Auditor General is authorized and re- flowrejected taxes, etc., to be quired, in all cases where taxes upon lands returned delinquent tcharged back to his office shall be rejected for any cause, or having been cred- R. s., Sec. 92. ited, shall be charged back on the books of his office, to charge the same over to the county from which such taxes were returned, unless the lands upon which the same same were assessed, shall have been set off to some other county, or attached to some other county for judicial purposes; and in case such lands shall have been so set off or attached, they shall be charged to the county to which they may belong at the time of such rejection. [890.] Sec. 108. It shall be the duty of the Board of Super visors to furnish to the Auditor General a list of all taxes which Supervisors to shall have been rejected or charged back to their county by furnish list of land detached him, upon lands which shall have been detached from such from County on which Taxes are county subsequent to the time when such taxes were assessed, charged back, and the Auditor General shall thereupon credit to such county the amount which he may have so charged back, and charge the R. S., Sec. 94. same to the county in which such lands may be then situated, provided such taxes shall not have been previously paid or reassessed. [891.] SEC. 109. The Auditor General, immediately after Auditor Gene, ascertaining the amount of taxes, interest and charges, due upon pal to forward to County Treaany lands which may have been, or may hereafter be rejected surer a descrip. or charged back as hereinbefore provided, shall forward to the teiton of lands, Treasurer of the county in which such lands shall then be situated, or to which they may be attached, a description of such lands, together with a statement of the amount of taxes, interest R. S., See. 95. and charges thereon, and specifying for what year or years such taxes were originally assessed. [892.] SEC. 110. The County Trersurer receiving such certi- County Treasficate of Auditor General, shall lay the same before the Board urertobelafyrstate merit before of Supervisors at their next session thereafter, and if such taxes Board of Supershall have been rejected or charged back by the Auditor Gene- visors. r-al for any error or informality, excepting an insufficient descrip- 1858, Act 32, p ion of the land, or for the reason that it was not subject to 176. axation, the Board of Supervisors shall cause the same to be c-assessed upon the same land, and collected with the taxes of ,he then current year, and in the same manner. 1Where an amount was re-assessed upon a township on error on account of the vsessment of the previous year, the board having authority to re-assess, under the as-.ssment law of 1845, such re-assessments will be good in legal presumption until some -ror is shown.-Tweed v. Metcalf, 4 Mich. 579. 133 Township Laws of Michigan. Proceedings [893.] SEC. 111. If such taxes can not be properly reassessed when tax cannot be pro perly re-t upon the same lands, the Board of Supervisors shall cause the assessedon same, or any part thereof to be re-assessed upon the taxable same lands. R. s., SeO. 97. property of the proper township, as may appear equitable. Proceedings [894.] SEC. 112. Whenever the Auditor General shall have when tax "x. rt that teeds limits fix. rejected any State, county, or township tax, for the reason that ed by law. the amount assessed for any such purpose exceeds the limitation R. B., Sec. 98. established by law, the County Treasurer of the county in which the lands so assessed shall be situated shall make out and present to the Board of Supervisor thereof, at their next session, a list of the lands, with the taxes assessed and the interest accrued thereon. Ibid. [895.] SEC. 113. The Board of Supervisors shall cause so much of said taxes as shall remain unpaid, and as shall not ex ceed the limit fixed by law, for the year in which they were originally assessed, to be re-assessed upon the same lands, if they R. s3., se. 99. can legally do so, and collected with, and in the same manner as the taxes for the year in which the same shall be reassessed as aforesaid. Ibid. [896.] SEc. 114. If any such taxes cannot be properly re assessed upon the same lands, the Board of supervisors shall . S., Sec. 100. cause the same, or any part thereof, under the limitations afore said, to be assessed upon the taxable property of the proper township, as may appear equitable. Taxes assessed [897.] SEC. 115. All taxes assessed on any lot or block, or on Village prop- any part thereof in a town or village, or addition thereto which erty, rejected for informality to have been rejected subsequent to the first day of January, be reassessed. eighteen hundred and forty.-seven, or which may hereafter be rejected on account of any informality or defect in the execution, filing, acknowledgment, or recording of the plat of said town or 1848, p.75. village, or any addition thereto, the Board of Supervisors of the repective counties may cause the same to be re-assessed by the same lots or blocks, or parts thereof, which are respectively chargeable with said taxes, as provided by law in other cases of re-assessments, excepting such lots, or parts of lots, as have been sold since the rejection of said taxes; and all the provi sions of law concerning the assessment, collection, and return of taxes, and of the sale of the lands chargeable therewith, shall be applicable to the re-assessments made as aforesaid, and to the sales of the lands delinquent in the payment thereof. Liability of [898.] SEC. 116. If at any time it shall be discovered that Callectior who the Treasurer of any township has received the tax assessed has received tax' returned un- upon property which he has returned delinquent, the Supervisor paid. shall have power, and he is hereby required to collect the same, in the name of his township, firom such Treasurer, or his sureties, together with interest and charges. 134 [DIV. IX. DIV. IX.] Of Assessment and Collection of Taxes. OF LANDS BID OFF TO THE STATE FOR TAXES; THEIR REDEMPTION AND SALE. [899.] SEc. 117. All lands heretofore bid off, or that may Lands bid offtQ hereafter be bid off to the State, for taxes, which have not been the State tobo offered at Ocot. redeemed, or otherwise discharged, shall be offered for sale at bet sales. the annual tax sales in October in each year. [900.] SEC. 118. The Auditor General shall furnish to each Auditor Gene. of the County Treasurers, in the month of August in each and ral to furnish ~ statements to every year, a full and accurate statement of all the lands in his County Treat, county that may have been bid in for the State, remaining un- u847,P. 124. redeemed, or not otherwise discharged. [901.] SEC. 119. Such statement shall exhibit the aggregate contents of amount of all sums due to the State on each description of land, statements; in, terest, eto, including interest thereon at the rate of twenty-five per cent. per annum, from the time the lands were bid in by the State, to the first Monday in October in the year in which they shall be first offered as State tax lands, as contemplated in the pre ceding section: Provided, That on all State tax lands, which 1847, p.12 4. have, or should have been once previously offered at public sales, and which, remaining unsold, are again to be offered as above, there shall be charged upon the amount for which each description thereof has, or should have been so offered, interest at the rate of ten percent. per annum, from the time when they were so, or should have been so first offered, to the said first Monday of October. [902.] SEC. 120. The Auditor General shall cause to be pub- Notieo of sa1e, lished for eight weeks successively (which shall be construed to mean eight publications, once a week), next previous to the first Monday of October in each year, a notice that the lands described in such statement will be sold at public auction by the 1847, P. 124, Treasurer of the county in which such lands are situated, at the time and place designated for the ordinary tax sales, under the direction of the Auditor General. [903.] SEC. 121. At the time designated in the notice, and Time and man. immediately previous to the sale of other lands advertised to ner of sale. be sold for taxes at the same time, such County Treasurer shall commence the sale at the place designated, and continue the same fiom day to day, if necessary (Sunday's excepted), until Lacy v. Davis, 4 he has offered all the lands embraced in his list which have not Mitch. oRep, been redeemed, or otherwise discharged; and he may re-offer and sell any parcel, when a bidder shall refuse to pay his bid for twenty-four hours after the lists have been gone through, or he may, in his discretion, demand immediate payment; and if not paid, cancel the bid and re-offer the lands. [904.] SEC. 122. In all cases when a description of land is Purchaser must o f f e r e d as State tax land, and the same description, or an y part buy for subse. quent year, eto, thereof, shall be offered in the regular list of land delinquent for taxes, as provided in section eighty-three of this act, it shall be the duty of the County Treasurer to inform the person bid 135 136 Tow8hip Laws 0! Michigan. [DIV. Ix. ding for the description offered as State tax lands of the fact, and such person shall be required to purchase the description so offered in the regular list, at the same time the description offer ed as State tax land is bid off by him; and in case of his neg lect or refusal so to do, the Treasurer shall withhold said de scription of State tax land from sale; but may re-offer the same as provided in the next preceding section. County Treas- [905.] SEc. 12a. The County Treasurer shall, on payment urer to issue certificate of of the purchase money at such sale, issue certificates of sale to sale. the purchasers, in such form, and make such returns to the Auditor General, as shall be prescribed by him, and shall also transmit the moneys received on such sale to the State Treas urer, in such manner as he shall have directed. Auditor Gene- [906.] SEC. 124. The Auditor General shall, on the presentaral to execute tion and surrender of the State tax land certificate of sale at deed for State tax land. his office, or as soon thereafter as may be, (except in cases where 1858, Act 32, p. the land has been previously sold at the Auditor General's office, 176.' or redeemed, when the purchase money only shall be refunded) execute a deed of the land to the purchaser or his assigns, which shall convey all the right acquired by the State under the origi nal sale or sales. And such deed shall be prima facie evidence of the legality of all the proceedings to the date of the deed, and of the title in the fee, in the grantee therein named; and when duly acknowledged, may be recorded and admitted as evidence in the same manner as other deeds of conveyance; and every such deed, when witnessed and acknowledged in the manner prescribed by law for witnessing and acknowledging deeds in other cases, and after it shall have been recorded for two years in the office of the register of deeds, in the county in which the land therein described is situated, shall, except: First. When the same has been annulled according to law. Second. When the land sold was not subject to taxation at the date of the assessment of the taxes for which it was sold; Third. When the taxes have been paid to the proper officer within the time limited by law for the payment or redemption thereof; or Fourth. When a certificate that no taxes were to be charged against the land has been given by the proper officer within the time limited by law for the payment or redemption thereof. Be conclusive evidence that the land therein described was by such deed conveyed in fee simple to the grantee therein named, and his heirs and assigns; and no suit of ejectment or other suit for the recovery of possession shall be thereafter com mencea to recover said lands, nor the title thereto [sustained] by any person claiming or holding possession or title through any other source. Redemptionof [907.] SEc. 125. Any person may redeem any lands, or any lands bid off to part or interest which shall be clearly defined in any lands herethe State. tofore bid in, or that may hereafter be bid in for the State, at any time within one year next succeeding the sale at which the same 136 Township Laws of Michigan. [DIV. IX. DIV. IX.] Of Assessment and Collection of?Taxes. was bid in, by paying into the State Treasury, on the certificate 1847, p. 123. of the Auditor General, the amount for which the same was so bid in, with interest thereon at the rate of twenty-five per cent. per annum, as is contemplated and provided in sections ninety one and ninety-two of this act. [908.] SEc. 126. All such lands remaining unredeemed, ex- Purchaser of cept such description as the State may have a title to for an- Sutditor Ges ate AdtrGene other year or years, shall be subject to sale at any time at the rals office, etc. office of the Auditor General, and upon the payment therefor, on his certificate to the State Treasurer of the amount for which such lands were bid off to the State, with interest at twenty-five per cent. per annum, to be computed from the first Monday in October, when such lands were bid off to the State to the time of such application, the Auditor General shall issue to the purchaser a certificate of purchase. [909.] SEC. 127. If such lands shall be redeemed, the pur- Amount to be chaser shall be entitled to the amount of the bid, together with refsunded. in case of redemptwenty per cent. interest, as contemplated and provided in sec- tion, ete, tion ninety-one of this act; if otherwise discharged, then to the amount paid by him, with interest at seven per cent. per annum, to be computed from the date of the purchase to date of such discharge. But if such lands are not redeemed or otherwise If not redeemdischarged according to law, the Auditor General shall, on the ebd eteccDted tbyo be executed by surrender of such certificate of purchase, execute to the pur- AuditorGenechaser a deed for the lands therein described. ral. [910.] SEc. 128. Any person may purchase any unsold State Purchaseofuntax land, upon application therefor at the office of the Auditor sold State tax lands at AudiGeneral, and upon paying to the State Treasurer, on the certifi- tor General's cate of the Auditor General, the amount for which the same office. was, or should have been first offered in the county as State tax land, with interest upon said amount at ten per cent. per annum, to be computed from the first Monday in October, in the year in which the lands was, or should have been so first offered in the county, to the day of making such application and payment. [911.] SEc. 129. Upon application and payment being made Deed to be exeas above mentioned, the Auditor General shall execute to such cuted by Audipurchaser a deed, conveying all the right, title and interest oftr Genera the State in and to said State tax lands, acquired by virtue of the original sale or sales to the State. [912.] SEC. 130. All the provisions of this act relative to Whatprovi. deeds executed by the Auditor General, on the surrender of sions applicable to State tax certificates of sale of State tax lands, issued by the several land deeds. County Treasurers, shall be applicable to deeds executed by lsis. ActL32, p. him for lands purchased at his office pursuant to the provisions of 176. this act. [913.] SEc. 131. The purchaser of any lands bid in for the Office charges. State at the annual tax sales, and sold pursuant to the provisions of this act, on application to the Auditor General for a deed, R. s., Sec. 114. shall pay an office charge of twenty-five cents for the first, and six cents for each subsequent description contained in such deed, K 137 138 Town8hip Law8 of Aichiga. [DIV. Ix. which shall be paid into the State Treasury, to the credit of the general fund. Expense of [914.] SEC. 132. All expenses of sale, postage and other sale; Postage, charges, incident to the sale of lands, bid in for the State as etc. 1847, p. 125. aforesaid, shall be audited by the Auditor General, and paid out of the general fund on his warrant. Who to be [915.] SEC. 133. In case it shall become necessary in the made defendant prosecution of an action of ejectment by any person holding an ecutin asen of Pe-ct adverse claim to any land bid in for the State, as provided in ecution of eject-I ment>. t 32 p this chapter, the Auditor General may be defendant, and in all 1858, Act 32, p. 176.' cases in the prosecution or defence of an action of ejectment or trespass, by any person holding or claiming land, under any deed or deeds or other conveyance of land bid off or purchased for delinquent or unpaid taxes, the party so claiming, under and by virtue of such purchase for unpaid taxes as aforesaid, may show his title to said land and premises, whether the same was derived under one or more purchases or sales for taxes or other wise, and may give in evidence any and all deeds of conveyance or other evidence of such purchase as aforesaid, which he may at any one or more different times have received on sales for taxes, and may claim title under any or all of them. Right of the [916.] SEC. 134. Neither the sale of any State tax lands, nor State to enforce the sale of any of the bids of the State for which the time of collection of taxes for subse- redemption has not expired, shall in any wise prejudice the qoubepyejaudied right of the State to enforce the collection of any tax subseetc. quent to tle year or years for which the same have been sold as aforesaid, and for the taxes and charges remaining unpaid for 1848, p. 225. such subsequent year or years, the Auditor General shall cause such lands to be offered in regular succession, at the next en suing annual sales for taxes, in the proper county, giving the notice required by law, unless previously redeemed or otherwise discharged. When State ac- [917.] SEC. 135. Any description of land bid offto the State quires absolute at the annual sales, which shall have remained undisposed of for title to tax lands 1858, Act 32, p. five years from the date when it was so bid off, shall vest in the 167. State an absolute title in fee simple, and no suit of ejectment shall be commenced to recover said lands or title thereto, [or be] sustained thereafter by any person claiming or holding posses sion or title through any other source; but such lands shall be subject to sale at any time by payment in like manner as other State tax lands, the amount of taxes due thereon and interest Whenlandsto at the rate of ten per cent.; and after the expiration of five be struck from assessrument roll. years, as aforesaid, said lands shall be stricken from the assess ment roll, but shall be restored thereto after the same shall have been sold. Auditor Gene- [918.] SEC. 136. The Auditor General shall, in the month of lial to transmit March in each year, transmit to the several County Clerks and lists of lands to be struck from County Treasurers, lists of all lands to be so struck from the assessment rolls to county clerks assessment rolls, in their respective counties, and lists of such as and county have been previously struck from the rolls, but are to be restored Treasurers. :,Township Laws of Mlichigan. 138 [DIV. Ix, DIV. IX.] Of Assessment and Collection of Taxes. and again assessed; and the said clerks respectively, on or before the first Monday of April thereafter, shall transmit a list to the several Supervisors, designating such lands in their respective townships as are to be left out of the assessment roll, and such as have been previously left out, but are to be restored. [919.] SEC. 137. When any single description of State tax When desorip land shall be sold for the taxes of two or more years, and it tion sold for taxes of two or shall be made to appear to the Auditor General, within the time more years, and sale void fo'r one prescribed by law, that the taxes for any year for which the year, convey-. same was originally bid off to the State were paid before sale, ganced tfo rebmaia or were illegally assessed, or would be void for any other cause, ance. he shall, on application, cause to be refunded to the purchaser the amount due and paid on account of said year's tax, with in- 1848,. 25Q terest at the rate of seven per cent. from the day of sale until said purchaser was notified that said amount would be refunded; but the deed shall remain a valid conveyance to the purchaser of all the rights acquired by the State under the sale or sales for taxes of other years, not thus proved to have been illegal or void.~ [920.] SEC. 140. All sales of State tax lands, or the bids in Certain sales t, behalf of the State, at the Auditor General's office, under the remain valid. provisions of the act to provide for the sale of certain unsold 1848, p. 27. State tax lands, and for other purposes, approved February seventeenth, eighteen hundred and forty - six, and act num- 1846, p. 18, ber seventy-two, amendatory thereof, approved April twentythird, eighteen hundred and forty-six, which were made after 1846, p.87. the said acts were repealed, and also the sales at the said office, of the bids in behalf of the State on lands sold for the taxes of eighteen hundred and forty-one, eighteen hundred and fortytwo, and eighteen hundred and forty-three, and which were previously held by the State as State tax lands, for the taxes of eighteen hundred and forty, and previous years, and the deeds or certificates of purchase issued, or to be issued on account of such sales, shall be as valid as if said acts had not been repealed. MISCELLANEOUS PROVISIONS. [921.] SEC. 141. Any person who has a lien upon any lands Personhaving returned for non-payment of taxes, may pay the taxes, interest, Lien may pay taxes, and ao. and charges thereon, and the receipt of the County Treasurer, quire additional or State Treasurer therefor, duly countersigned, shall constitute Lien.Se 117 an additional lien on such land to the amount therein specified; and the amount so specified shall be collectable with interest thereon, in the same manner as the original lien. [922.] SEc. 142. If any Township Clerk or Supervisor shall 1858, Act 82, p. wilfully neglect or refuse to perform any of the duties required 176nalty for n Penalty for nep of him by the provisions of this chapter, he shall forfeit and pay lect of duty by ~~~~~~~~~~~~~a sum not ex~certaedinjured coeTcrtwA asum not exceeding five hundred dollars to any person injured offiers, o There are no Sections numbered 138 and l1 in this Act. 139 140 Town8hlp Law8 of Mtchiga. [DIV. Ix. by each [case of] such neglect, but such sum shall not exceed the injury sustained. D)utyof Board [923.] SEC. 143. The Board of Supervisors of each county of Supoervisors shall, at their annual session in each year, transmit to the Proseas to forfeitures, etc. cuting Attorney, the names and places of abode of all Township R. S., See. 119. Clerks and Supervisors within their county, who shall have in curred any forfeiture under the provisions of this chapter, and such Prosecuting Attorney shall immediately prosecute for such forfeiture. Losses sustain- [924. SEC. 144. All losses that may be sustained by the deed by default of fault of the Treasurer of any township, shall be chargeable on county or township Treasurer, such township; and all losses that may be sustained by the dechargeable to county ortown, fault of any County Treasurer in the discharge of the duties etc. Sec 120 imposed by this chapter, shall be chargeable on such county, and the Board of Supervisors of such county shall add such losses to the next year's taxes of such township or county. Auditor Gene- [925.] SEC. 145. The Auditor General shall, from time to ral to furnish time, furnish suitable blanks, in addition to those required by blanks' R. S.,See. 121. the preceding provisions of this chapter, for returns of unpaid taxes, receipts and certificates of sale, which shall be sent to the several County Treasurers. Detroit; who to [926.] SEC. 146. The Assessors of the several wards in the perf Torm dhuties City of Detroit shall have, and exercise the powers and duties of Township Treasurerthere- of Supervisors, and the Collectors of the several wards of said in. I S., Sec. 122 city shall have, and exercise the powers and duties of Township Treasurers, under the provisions of this chapter. Auditor Gene- [927.] SEC. 147. The Auditor General shall, from time to ral to cause this. Act to be print- time, whenever he shall find it necessary, cause to be printed at ed, etc. the expense of the State, a sufficient number of copies of this chapter, with such forms of proceeding under the same as may be necessary and proper, to furnish one copy to each Supervisor, Township Treasurer, Township Clerk, and County Clerk, and R. S., See. 123. three copies to each County Treasurer; and shall transmit to each County Treasurer, at the expense of the county, a sufficient number for such county; and every County Treasurer receiving such copies shall immediately transmit to the Township Clerk of each township five copies, to be distributed by him to the officers entitled thereto. Officer refusing Any officer who shall wilfully neglect, or refuse to perform to Perform dguy any of the duties imposed upon him by this chapter, shall be ties, etc.; guilty of misdemeanor deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by imprisonment in the county jail not exR. S., Sec. 124. ceeding one year, or by fine not exceeding five hundred dollars, in the discretion of the Court. Propertydis- [928.] SEC. 148. Whenever a surplus arising from the sale trained for taxes, proeed- of any property distrained for taxes, shall be claimed by any ings in case of other than the person for whose tax such property was sold, surplus in certain cases. and such claim shall be contested by such person, such claimant R. S., Sec. 125. may prosecute an action against such person; or the person for Township Laws of Michigan. [DIV. IX. 140 I)IV. Ix.] Of Assessment and Collection of Taxes. whose tax such property was sold may prosecute such action against such claimant, as for money had and received; in which action the right of the respective parties to such surplus shall be tried and determined. [929.] SEC. 149. For the purpose of such action, the defend- Propertydis.' ant shall be deemed to be in possession of the surplus in the traiensed forree hands of the Township Treasurer, and upon the presentation to ingsin case of ,surplus in cer. such Treasurer of a certified copy of the final judgment rendered tain cases. in such action, the said Treasurer shall pay over the same to the party recovering such judgment; and no Township Treasurer shall be liable to any claimant of such surplus, the right to R.S.,See. 126, which is contested, as provided in this chapter, until he shall have refused to pay over such surplus upon the production of a certified copy of a judgment as aforesaid. l[930.] SEC. 150. In any action brought pursuant to the two Ibid. last preceding sections, no other cause of action shall be joined, R. s., Sec,. 127. nor shall any set off be allowed; and if an execution issue on a judgment so rendered, it shall direct the costs only of such ac - tion to be levied by virtue thereof. [931.] SEC. 151. When any property shall be legally dis- value of pro. trained and sold for the tax of any person, and such property and sold rmaiybe shall be owned by another person, such owner may recover of recovered in the person for whose tax the same was sold the value of such certain cases, property, in an action of assumpsit, as for goods sold and delivered, deducting therefrom the amount of any surplus which R. B., See, 128. may have been claimed or recovered by such owner, as provided in this chapter. [932.] SEC. 152. It shall be the duty of the Prosecuting At. Duty ofProse. torney of each county to give his counsel and advice to the touadisetTreas y toe andvs upers. County Treasurer, and the Supervisors of the county, whenever urer and Super. visor. they, or any of them, may deem it necessary for the proper dis- R. s., Se. 129, charge of the duties imposed upon them in this chapter, free of charge. [933.)- SEC. 153. Whenever any County Treasurer shall pay County Treas. to any Township Treasurer any moneys on account of taxes re- urer payi money to niown turned from such township, it shall be the duty of such County Treasurertoneo. Treasurer immediately to notify the clerk of the proper town- tify clerk, ship of the amount so paid to such Township Treasurer. [934.] SEC. 154. In all cases of sales of land for taxes, if the In case of death purchaser or his assigns shall die before a deed shall be executed of purchaser or on such sale, the deed may be executed by the Auditor General to and in the name of such deceased person, if such person being still alive would be entitled to the same; which deed shall vest the tax title in the heirs or devisees of such deceased person in the same manner and liable to like claims of creditors and other persons as if the same had been executed to such deceased person immediately previous to his death; or the deed may issue to the assignee of said deceased person, [his] executors or administrators; and in like cases which have heretofore occurred, the same rules shall apply, and [to] all deeds hereto- 141 142 Town8hip Law8 of Michigan. [DIV. Ix 1858, Act 32, p. fore issued in the name of any deceased person, who, if living 176. at the time of the execution thereof, would have been entitled to said deed as above provided. tUniversity, pri- [935.] SEC. 155. The Supervisor of every township in which mary school, there shall be assessed the interest of any purchaser of univerBtate building, normalschool, sity, primary school, State building, normal school, asylum, asylum, swamp and salt spring swamp or salt spring lands, as personal property, shall, on or beland to be re- fore the first day of November, in the year when the same turned, etc. was so assessed, transmit to the Treasurer of his county a list of 1858, Act 32, P. all such lands, containing a full description thereof, together 176. with the names of the person to whom the same was so assessed. County Treas- [936.] SEC. 156;- That the several County Treasurers shall lurers to return at the same time and in the same manner they are now required to State Land Office. to return to the office of the Auditor General, lands delinquent for taxes in their respective counties, return to the State land office a statement of all university, primary school, State building, normal school, asylum, swamp and salt spring lands, upon which, 1858, Act 32, p. from returns made to them by the Township Treasurer, it appears 176. the taxes assessed have not been paid and can not be collected. Improvements [937.] SEC. 15 7. If any person dispossessed of lands purchased made by pure- in pursuance of the provisions of this act shall have made valu,chasers under this act tobe able improvements thereon, he shall be entitled to receive what paid for. such improvements are reasonably worth, to be assessed on the trial of said cause, and the same so assessed shall be a lien on said land till paid. Porfeiture in [938.] SEc. 158. The purchaser or purchasers of any parcel eas e of neglect of the land so returned, or the person or persons claiming to to pa y Taxes. have any interest in the same as the assignee or legal represen tative in any other capacity of such purchaser, shall, under pain of forfeiting his or their interest in such lands, and in the certi1850, P. 396. ficate of sale thereof, within the time in which the annual in terest is required to be paid on the purchase money of such lands, pay to the State Treasurer the mount of taxes assessed upon any description of the lands so returned, with interest thereon from the first day of February following the assessment of the same, at the rate of fifteen per cent. a year, and in addi tion thereto, on each description, the sum of twenty-five cents, to defray the expenses of the collection of such taxes. Fporfeiturein [939.] SEC. 159. Every parcel of land returned under the caseof neglct provisions of this act, upon which the taxes, and the interest to pay Taxes.. and charges aforesaid, shall remain unpaid at the expiration of the time within which such payment thereof is required to be made by the next preceding section, shall be deemed to have been forfeited to the State by the purchaser thereof, his assignee, or other legal representative; and the lands so forfeited shall be subject to sale in the same manner that other forfeited and unCommissioner sold university and primary school lands are. to furnish state- [940.] SEC. 160. The said Commissioner shall, on or before ment to Audi- the f irst day of May and November in each year, make out and Tae paid furnish to the Aditor General a statement containing a descripTaxes so paid. furnish to the Auditor General a statement containing a descrip 142 Township Laws of Michigan. [DIV. IX. DIV. IX.] Of Assessment and Collection of Taxes. tion of the lands upon which the taxes have been paid, and the amount of taxes, interest and charges paid on such lands. [941.] SEC. 161. The Auditor General shall credit to the Auditor Generproper counties the taxes so paid, with the rate of interest al- al to credit -Counties. lowed on other delinquent taxes, and place the balance of moneys arising from such interest and charges to the credit of the general fund. [942.] SEC. 162. The Board of Supervisors of an' organized Boardof Supercounty, to which is attached any unorganized territory for judi- ized Cofunty, to cial purposes, may appoint one or more Assessors, who shall hold which unorgantheir office until others are appointed, to be duly qualified, whose laztetaherd, mayi duty it shall be to assess the property liable to taxation in such appoint one or more Assessors; unorganized territory, in the same manner as is herein prescribed their duties, etc for the Supervisors of organized towns, who shall take, complete, and deliver the same to the County Clerk of such organized county, on or before the first day of October, which roll shall be equalized, and go to make the aggregate valuation of said county, the same as the other township rolls, and the relative amount of State and county tax, together with the expense of assessment and collection, shall be apportioned to the property of said rolls, the same as that of the several township. It shall be the duty of the County Clerk to affix the taxes so apportioned to a true copy of said roll, to annex his warrant thereto, to deliver the same to the Sheriff, who shall give bond to the County Treasurer that shall be approved by him, to collect and pay over the same, in the time, manner, and under the same restrictions as is herein prescribed for the Town Treasurer to collect and pay to the County Treasurer their several State and county taxes. Said Assessors shall be empowered at any time before the first day of October, to make amd complete an assessment in any organized town that may fail or neglect to make or complete an assessment roll within the time required by this act, and shall deliver the same to the County Clerk, who shall affix the taxes to a true copy thereof, and deliver the same to the Sheriff of said county, who shall give bonds to the County Treasurer, collect and pay over the same in like manner as is required for the unorganized portion of said counties. [943.] SEC. 163. That all acts, and parts of acts, contraven- Conflicting ening the provisions of this act be, and the same are hereby re- actments re ~~~~~~~~~~~~~~~~~~~~~~pealed. - SEC. 164. This act shall take eect immediately. SEc. 164. This act shall take effect immediately. An Act Amending the Fifth Section of the Twentieth Chapter of the Revised Statutes Relative to Exemption from taxation. p [Approved February 7, 1857. Laws of 1857, p. 166.] [944.] SECTION 1. The People of the State of MXichigan enact That the fifth clause of the fifth section of the twentieth nac That the fifth clause of the fifth section of the twentieth p The Section here amended was re-enacted, and the exemptions increased by sct ion Five of the preceding Act. For that reason it is not re-published here. 143 Township Laws of Michigan. chapter of the Revised Statutes be amended by inserting after "therein," the following words: "Also the lands on which such houses of worship may stand, so far as actually occupied by such houses of worship, and for no other purpose," so that the clause shall read as follows: Houses of Pub- " (5.) All houses of public worship, with the pews, or slips licO Worship and and and furniture therein; also the_land on which such houses lots exempted from Taxation. of worship may stand, so far as occupied by such houses of worship, and for no other purpose; also the rights of burial and tombs, while in use as repositories of the dead." 'From Chapter Twenty of Revised Statutes of 1846. q Assessors may [945.] SEC. 14. The assessors may divide their townships divide Town- into districts, for the purpose of ascertaining the property liable ships into dis-' tricts. to be taxed, and the persons subject to the payment of taxes thereon, and assign one district to each Assessor; but such pro perty and persons, and the valuation of such property, shall be finally determined by them, or a majority of them, jointly, and if any Assessor shall neglect his duties within his district, the other Assessors shall perform them. If sa-e found to [946.] SEC. 89. If, after the conveyance of any land sold for be invaeylid after taxes, the Auditor General shall discover that the sale was inconveyance, amount to be valid, he shall, on demand, cause the money paid therefor to be refunded;in- refunded, withseven per cent. interest; and in all such cases, terest thereon. ddwt n when the Auditor General, deeming a title invalid, shall have offered to the purchaser his money and interest upon a delivery and cancelment of the deed, and the purchaser shall have re fused to receive the money and cancel the deed, such purchaser shall never be entitled to receive any more than the purchase money, and seven per cent. interest thereon, to the day of such offer and refusal.' Purchasers not [947.] SEC. 111. No person who shall refuse to receive back entitled to in- his purchase money and interest, and surrender his deed, shall terest after notice. be entitled to any interest after he shall have been notified by the Auditor General that the sale has been canceled.' q The whole of Chapter Twenty of R. S. is believed to be either repealed or substantially re-enacted, except the Sections which follow. Although the Constitution of 1850 does not provide for the election of Assessors, yet as the provision in the Revised Statutes which permits the Electors of Townships to choose them, is not expressly repealed, this Section is retained. s The last clause of this Section seems to be wanting in the corresponding Section in the Law of 1853. See Section 903. t Relates to the Refunding of Moneys on the Cancelment of Deeds given on sales of State Tax Lands. See Section 932, and note thereto. 144 [DIV. IX. Of Specic State Taxes and Duties. DIVISION X. - OF SPEcIFIc STATE TAXES AND DlrTIES. From Chapter Twenty-one of Revised Statutes of 1846.' TAX UPON BANKS. [948.] SECTION 1. Every Bank now incorporated, or here- Tax on Capital after to be incorporated, shall pay a yearly tax of one and tone Stock of Banks. half per cent. on the amount of capital stock paid in; one half thereof on or before the first Monday of April, and the other half on or before the first Monday of October in each year; which tax shall be in lieu of all State, county, township, or other taxes in this State, on the capital stock of said Bank and of all State tax imposed by the charter of any such Bank hereto fore incorporated. [949] SEC. 2. Any portion of the capital stock of any Bank, When certain which shall, in accordance with the provisions of its charter and portion of stock the laws of this State, have become vested in real, or personal exempted. estate, within this State, subject to taxation, and which shall be actually assessed within this State, for ordinary State, county, and other taxes, upon proof thereof to the satisfaction of the State Treasurer and Attorney General, shall be exempt from said tax of one and one half per cent. for the year succeeding said assessment, to the amount of the valuation of such property on the assessment roll. [950.] SEC. 3. If any part of the capital stock of any Bank When stock shall have been paid in within six months next before either of paid in within the days specified for the payment of said tax, the tax on such part shall be paid in proportion to the time that shall have elapsed after such part of the capital stock shall have been paid in. [951.] SEC. 4. If any Bank shall neglect to make such pay- Proceedings in. ment, the State Treasurer shall forthwith notify the Attorney case of neglect General thereof, who shall thereupon immediately institute pro- to pay tax. ceedings against such delinquent Bank, by bill in Chancery, or by an action at law, for the recovery of such tax, with interest and costs, in the same manner, and with the like effect, as is hereinafter provided in cases of delinquent railroad, canal and turnpike corporations. TAX UPON RAILROAD, CANAL AND TURNPIKE CORPORATIONS. [952.] SEC. 5. Every company heretofore incorporated, or Tax on Capital hereafter to be incorporated within this State, for the purpose Stock of Rail. road and other of constructing and using any railroad, canal, or turnpike there- Corporations. in, shall pay a yearly tax to the State of three-fourths of one per cent. on the amount of the capital stock of such company paid, or secured to be paid, which tax shall be paid into the DIV. X.] 145 46 Township Laws of Mhiga. [DIV. x. State Treasury by said corporations respectively, on or before the first Monday of October, in the year one thousand eight hundred and forty-seven, and in each year thereafter. such tax tobe [963.] SEc. 6. Such tax shall be in lieu of all State, county, inlieuof all township, or other taxes in this State, on the capital stock of other taxes. said corporations, and on the railroad, canal, or turnpike con structed, or used by any such corporation, and on all the real and personal property in which said capital stock shall be in vested, and which shall be used and occupied by any such com pany, in accordance with the provisions of its charter, and the laws of this State, in the construction or use of such railroad, canal, or turnpike. Proceedings in [954.] SEc. 7. If any such incorporated company shall negcase of neglect to pay. lect or refuse to pay the tax aforesaid, on or before the said first Monday of October, the State Treasurer shall immediately fur nish the name of every such company so neglecting or refusing to pay such tax to the Attorney General, with the amount due from each; and the Attorney General shall thereupon file a bill in the Court of Chancery against every such company, for the discovery and sequestration of its property. Sequestration, [955.] SEC. 8. T/ie ClIancellor, on the filing of such bill, or iajunction, etc. nction, et on the coming in of the answer thereto, shall order such part of the property of such company to be sequestered, as he shall deem necessary for satisfying the taxes in arrear, with the costs of prosecution; and he may also, at his discretion, enjoin such company, and the officers thereof, firom any further proceedings under their act of incorpcration, and may order and direct such other proceedings as he may deem necessary to compel the pay ment of such tax and costs. Proceedings at [956.] SEC. 9. The Attorney General may also recover such Lawto recover tax, with costs, from such delinquent company, by action in tax. the name of the People of this State, in any Court of compe tent jurisdiction. BROKERS AND EXCHANGE DEALERS. No person tobe [957.] SEC. 10. No person shall be engaged in the business Broker, etc., of a Broker, or of buying or selling current or uncurrentmoney, without license or bank notes, or in the exchange thereof, or in the exchange of coins, without first paying into the State Treasury the sum here inafter mentioned, and obtaining a license from the State Treas urer, to carry on the business of a Broker and exchange dealer, in the manner hereinafter provided, except as provided in the next section. Prohibition not [958.] SEC. 11. The prohibition in the preceding section to apply to er- contained shall not apply to corporations authorized by law to tain Co~rporations angper- carry on the business of exchange, and the buying and selling of money, nor to persons engaged in commercial or mercantile operations, as forwarder., dealers in products of the country, grocers, merchants, and millers, or others, whose regular busi ness, other than that of Brokers and exchange dealers, renders 146 Township Laws of Michigan. [DIV. X. DIV. x.] QJ pecc Stare Taxe8 and Dutze8. 147 the purchase and sale of exchanges, or the purchase or sale of current or uncurrent money, a legitimate part of their said business or occupation. [959.] SEC. 12. Any person desiring to carry on the business Proceedings to ^ 1, 1,,,. 1,,7 ~~~~~~~~~~~~~obtain license. of Brokers and exchange dealers as aforesaid, may, before com- ense. mencing such business, obtain from the Treasurer of this State a license for each office or concern which they propose to establish; for which purpose they shall file with the said Treasurer a certificate, sp'ecifying: 1. The name of every person who is to be connected with such business, and constitute a part of the firm; 2. The actual amount of capital to be invested in the business of the concern, and the precise amount that each partner is to put in; 3. The city or village, township and county wherein said business is intended to be carried on; which said certificate shall be duly verified by the oath of the party applying for the license. [960.] SEc. 13. The persons applying for such license shall, Amount to be at the time of filing such certificate, pay to the State Treasurer paid before lI therefor at the rate of one and one half per cent. on the amount of the capital stock to be used in such business; whereupon the said Treasurer shall grant, under his hand and official seal, to the person or persons applying therefor, a license to carry on the business of Brokers and exchange dealers, with the capital mentioned in the certificate, and at the place therein specified, for a term not exceeding one year from the date thereof; but such license may be renewed annually, from time to time, upon payment therefor at the rate aforesaid; and the proceeds of all such licenses shall be placed to the credit of the general fund. [961.] SEC. 14. If any person shall carry on the business of Violation of a Broker, or exchange dealer, contrary to the provisions of this rodheibiteion to contrary~~~~~~b deemeda chapter, such person shall be deemed guilty of a misdemeanor, misdemeanor, and, on conviction thereof, shall be punished by fine not less than one hundred, nor more than two thousand dollars, in the discretion of the court. [962.] SEC. 15. Every person who shall obtain a license to Affidavit to be carry on the business of a Broker and exchange dealer, as pro- filed. vided in this chapter, before he commences the business, shall make and file with said State Treasurer an affidavit, stating therein that he has not, and will not have any connection, directly or indirectly, with any bank or banks, and that no bank is, or shall be entitled to any share of the profits of such business. HA,KERS AND PEDELRS. [963,] SEC. 16. No person shall be authorized to travel from No person tobe place to place within this State, for the purpose of carrying to peHdaler witandut sell, or exposing to sale any goods, wares, or merchandise, un- license. less he shall have obtained a license as a Hawker and Pedler, in the manner hereafter directed. DIV. X.] Of Specific State Taxes and Duties. 147 Township Laws of Michigan. Applications [964.] SEC. 17. Every person desirous to obtain a license as for licenses as Hrawker and a Hawker or Pedler, shall apply to the Treasurer of this State, Pedler. and shall deliver to him a note in writing, signed by such ap plicant, stating in what manner he intends to travel and trade, whether on foot, or with one or more horses, or other beasts of burthen, or with any sort of carriage. Payment of du- [965.] SEC. 18. Every such applicant, before he shall be enties. titled to a license, shall pay into the State Treasury the following duties: if he intend to travel on foot, the sum of ten dollars; if he intend to travel and carry his goods with a single horse, or other beast carrying or drawing a burthen, the sum of twenty five dollars; and if he intend to travel with any vehicle or carriage drawn by more than one horse, or other animal, the sum of fifty dollars. When Treasur- [966.] SEC. 19. Upon the presentation of such note in writing ce toegrant li- and the payment of the proper duties herein required, the State Treasurer shall grant to such applicant a license under his hand and seal of office, and authorizing such applicant to travel and trade as a Hawker or Pedler, in the manner stated in such note, for the term of one year from the date of the license. Licenses to be [967.] SEC. 20. Licenses may be granted by the Treasurer issuedfray for any term less than one year, upon payment of a rateable term less than a sear, and may proportion of the duties hereinbefore prescribed; and every be renewed annually. license granted, or to be granted for the purpose aforesaid, shall be renewedannually by the State Treasurer, if such renewal be applied for, on the same terms and conditions that the original license was granted.a Penalty for [968.] SEC. 21. Every person who shall be found traveling Hawking, etc. and trading within the limits of this State, contrary to the prowithout license.. ithout license. visions of this chapter, or contrary to the terms of any license that may have been granted to him as a Hawker or Pedlar, shall, for each offence, forfeit the sum of twenty-five dollars. Construction of [969.] SEC. 22. Nothing contained in this chapter shall be this chapter. construed to prevent any mechanic residing in this State from selling his work anywhere in the State. Penalty for re- [970.] SEC. 23. Every person who shall be found traveling fusing to pro- and trading as aforesaid, and who shall refuse to produce a liduce license. trdnprdc - cense as a Hawker or Pedler, to any officer, or citizen who shall demand the same, shall, for each offence, forfeit the sum of ten dollars. Costs in case of [971.] SEC. 24. In every case of a, prosecution against any Prosecution. person, for the recovery of any penalty given in this chapter, no costs shall be allowed to the defendant, if it shall appear that, before the commencement of the prosecution, such defend ant had refused to produce his license, or to disclose his name when lawfully required. Limitation of [872.] SEC. 25. No prosecution for the recovery of any penProsecution for alty imposed for any violation of the provisions of this chapter, enalty. relating to Hawkers and Pedlers, shall be maintained, unless it a As amended by Act 105 of 1847. Laws of 1847. p. 168, Sec. 5. [DIV. X. 148 Of Specifiq State Taxes and Duties. shall be brought within sixty days after the commission of the offence charged. OF AUCTIONEERS, AND OF DUTIES UPON SALES AT AUCTION. [973.] SEc. 26. Any citizen of this State may become an How peorsonn Auctioneer within the county in which he resides, on executing Yybee a Auctioneer. and delivering to the Treasurer of such county a bond in the penal sum of two thousand five hundred dollars, with two or more sufficient sureties, to be approved by such Treasurer, conditioned for the payment to such Treasurer of all auction duties upon goods or property which may be sold by him, according 1839, p. 145. to law. [974.] SEc. 27. Every person who shall have executed and F r what term. delivered such bond to the County Treasurer, shall, for the term of four years next after the date of such bond, be an Auctioner within such county, and be authorized to carry on and perform the business of an Auctioneer, and shall conform to the provisions hereinafter contained. [975.] SEc. 28. If such Auctioner reside in either of the Auctioneer to cities of this State, he shall, on the first Monday of each month, render stateh and if he reside in any other place, then on the first Monday of April and October in each and every year, make out a statement in writing, verified by his oath, and deliver the same to the County Treasurer, in which statement he shall designate particularly; 1. The sums for which all the goods, at every auction held by him after delivering such bond, or the date of his last preceding statement, were sold; 2. The days on which sales were so made by him, and the amount of sales on each day; 3. The amount of duties chargeable under the provisions of this chapter. [976.] SEc. 29. Every such statement verified as aforesaid, Delivery of shall, within ten days after the date thereof, be delivered by statement and -'payment of du. such Auctioneer to the Treasurer of the county in which he ties.e u. resides, and such Auctioneer shall, at the time of delivering such statement, pay over to such County Treasurer the duties chargeable by law upon the sales specified in such statement, and take the Treasurer's receipt therefor, which receipt shall be countersigned by the clerk of the same county, who shall make an entry of the amount thereof, in a proper book to be kept by him for that purpose. [977.] SEc. 30. Each County Treasurer shall, immediately County Treasafter receiving such statement, forward the same to the Audi- urer to forward statement to tor General, and shall pay over all auction duties received by Auditor Gene. him to the State Treasurer, in such manner as such Treasurer rOl, and pay over duties. shall direct. [978.] SEC. 31. The following articles, andnoothers, shall be Articles subject subject to the payment of the following duties, if sold at auction: to duties. 1. All ardent spirits, wines and intoxicating liquors, whether foreign or domestic, shall be liable to the payment of a duty of two and a half per cent.; DIv. X.] , 149 15 TonspLw f~[I.x 2. All goods, wares and merchandise of every description, imported from any place without the United States, shall be liable to the payment of a duty of one and a half per cent. at each and every time they are so exposed for sale. When chattels [979.] SEC. 32. Goods and chattels otherwise liable to auAeutfrom ute tion duties, shall be exempt therefrom, if sold under the follow ming circumstances: 1. If they shall belong to the United States, or to this State; 2. If they shall be sold in pursuance of any judgment, order, or decree of any court of law or equity, or under any seizure or distress by any public officer; 3. If they shall belong to an estate of a deceased person, and be sold by his executors or administrators, or by any other person duly authorized by any Judge of Probate; 4. If they shall be the effects of a bankrupt or insolvent, and be sold by his assignee, appointed pursuant to law, or by a general assignment for the benefit of the creditors of such bank rupt or insolvent. Sales,howmade [980.] SEC. 33. All goods, property and effects, liable to the by Auctioneer. payment of duties, shall, in all cases when sold at auction, be struck off to the highest bidder, and when the Auctioneer, or owner, or any person employed by them or either of them, shall be such bidder, they shall be subject to the same duties as if struck off to any other person; but this section shall not be con strued to render valid any sale which would otherwise be deemed fraudulent and void. Duties how cal. [981.] SEC. 34. All duties shall be calculated on the sums for culated. which the goods and property exposed for sale shall be respece tively struck off to the purchaser thereof. Persons acting [982.] SEC. 35. If any person shall act as an Auctioneer in as Auctioneer the sale of any goods or property liable to the payment of wvithout author- teaypoet amn ity, guilty of duties under the provisions of this chapter, without first having misdemeanor. msdmeaor delivered to the County Treasurer the bond herein required, such person shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding five hundred dollars. An Act Relative to Specific State Taxes on Plank Road, Mining and other Corpora. tions, not enumerated in the Revised Statutes of Eighteen Huiidred and Forty-six. [Approved March 14, 1848. Laws of 1848, p. 67.] State to have [983.] SECTION 1. Be it enactecd by the S&ate and House of etaxneSor specific Representatives of the State of Michigyn, That in all cases, when any incorporated company hereafter to be incorporated, is made subject to the payment of aspecific State Tax, this State shall have a lien on all of the property of said company, to secure the payment of said tax, which lien shall take precedence of all other liens or incumbrances whatever. lHowtaxes may [984.] SEc. 2. The payment of any such tax may and shall be enforced. be enforced according to the provisions of sections seven, eight 150 Township Laws of -4lIioigan. [DIV. X. DIV. x.] Of Spec'ftc Stale Taxe8 and Duties. 151 and nine of chapter twenty-one, of title five of the Revised Statutes of eighteen hundred -and forty-six. SEc. 3. This act shall take effect and be in force from and after its passage. An Act to Provide for Filing certain Reports in the Auditor General's Office, and for other purposes. [Approved January 29, 1853. Took effect lluay 16,1853. Laws of 1853, p. 21.] [985.] SECTION 1. The People of the State of Michigan en- Reports of Cor. act, That all reports of the amount of capital stock of incorpor- Pioradtions to be led in Auditor ated bodies paying specific taxes, hereafter received by any Generals office. State officer, shall be placed on file in the Auditor General's office within one week after their receipt. [986.] SEC. 2. The Auditor General is authorized and re- Auditor Genes quired, upon the receipt of such copies, to estimate and charge ral to hestimatge p and charge speupon the books of his office, the amount of specific tax due cifioe tax. from the company making such report; and in case any company shall neglect or refuse to pay the tax required by its charter, within twenty days after the same is due, it shall be Proceeding on the duty of the Auditor General to issue his warrant to the neglect to pay. Sheriff of the county in which such company is located commanding him to forthwith levy the same, together with ten per cent. for his fees, by distress and sale of any of the property of said company, wherever the same may be found within his county, and to pay over the same, reserving his fees, to the State Treasury, within ten days after the same is collected. [987.] SEC. 3. The Sheriff shall give public notice of the HowSheriff to time and place of sale, and of the property to be sold, at least collect. ten days previous to the sale, by advertisement, to be posted up in three public places in the township, city orvillage where such sale is made, and the sale shall be by public auction. [98.] SEc. 4. If the property so distrained can not be sold How Sheriff to for want of bidders, or if the property of the company is in- colle. sufficient to pay the tax, the Sheriff shall forthwith return a statement of the same to the Auditor General; and if the company shall still neglect or refiuse to pay such tax within thirty days, if the place of business of such company be in the Lower Peninsula, if in the Upper Peninsula, then within sixty days after such return, it shall be deemed a forfeiture of all its charteret privileges. [989.] SEC. 5. In case any corporation fails to make the re- Proceedings port contemplated in the first section of this act, it shall be the when corpora. ticns fail to reduty of the Auditor General, and he is hereby required, to as- port. certain the amount of the specific tax of any such corporation, as appears fiom their last report, and to issue his warrant as provided in the preceding sections, and for double the amount of such tax. 151 DIV. X.] Of Speci,ic State Taxes and Duties., :. I":: c e e.:: 152 Town8hip Law8 of Mtchigan. [DIV. x. An Act to Provide for the payment of Specific Taxes to the Counties in the Upper Peninsula. Approved February 12, 1853. Took effect:lay 16, 1853. Laws of 1853, p. 76. Specific tax in [990.] SECTION 1. The People of the State of _l[chigan enUIpperP eninsu- act, That one half of the taxes received, or which may be herela, after received into the Treasury of the State, from mining cor porations in the Upper Peninsula, paying an annual tnx of one per cent., shall be paid to the Treasurers of the counties from which they respectively have been, or hereafter may be received, upon the written order of the CountyClerk of the county from which such tax has been, or shall be received, to be used for county and township purposes, as the Board of Supervisors in said counties respectively shall direct, as provided in section seven of article nineteen of the Constitution. An Act to provide for the payment of the expenses of the State government. [Approved February 15, 1859. Laws of 1859, p. 507.J Tax authorized. SECTION 1. The People of the State of Michigan enact, That one mill on the dollar of the aggregate of real and per sonal estate as equalized by the State Board of equalization for the year eighteen hundred and fifty-six, be levied and collected upon the "'taxable property of the State for each of the years eighteen hundred and fifty-nine and eighteen hundred and sixty, and the same is hereby appropriated for the payment of the ex penses of the State government, the interest upon the State debt, not otherwise provided for, and the State debt falling due within said years, not otherwise provided for. Auditor Gene- SEC. 2. The Auditor General shall apportion each year ral to apportion the sums herein directed to be raised among the several counand transmit the amount to ties, in proportion to the taxable property therein, as decounty Treasur- termined by the State board of equalization; and he shall, on er. or before the fifteenth day of September, in each year, make out and transmit to the clerks of the several Boards of Super visors, the amount of such tax, so apportioned by him to the county, and shall charge the several amounts of such apportion ment to the counties respectively. Supervisors to SEC. 3. The Board of Supervisors shall, at their annual apportion am't session in each year, ascertain and determine the amount of among the several T ownships. money to be raised by tax for county purposes in their respec tive counties, and apportion such amount, and also the amount of State tax apportioned to the respective counties by the Audi tor General, among the several townships of the county,,in pro portion to the valuation of taxable property therein, as equalized by the Board of Supervisors for said year, which determination and apportionment shall be entered at length on the records. 152 Township Laws of Michigan. [DIV. X. .i;: -. o i .:il'I', ".,'i 4. -4 . I.; I z..; i — DIV. xi.] Hhway8 an Bri'dges. 153 DIVISION XI.-OF THE OFFICERS HAVING THE CARE AND Comp. L. 1857. SUPERINTENDENCE OF HIGHWAYS AND BRIDGES, AND THEIR Chap. XIX., p. GENERAL POWERS AND DUTIES. N.Y. Rev. Sta~t., Chapter Twenty-Two of the R. S. of 1846. rN.Y. Rev.1, Title 1, Chap. 16, Part 1. [991] SECTION 1. The Commissioners of Highways in the Commi,sioners several townships of this State, shall have the care and superin- of Highwa0y, their duties. tendence of highways and bridges therein, and it shall be their duty: 1. To give directions for the repairing of roads and bridges within their respective townships; 2. To regulate the roads already laid out, and to alter such of them as they shall deem inconvenient;1 3. To cause such of the roads used as highways, as have been laid out, but not sufficiently described, and such as shall have been used for twenty years, but not recorded, to be ascertained, described, and entered of record in the Township Cleirk's Office; 2 1 It is held in New York that Commissioners of Highways can not by virtue of their office bring suits to recover damages against individuals or corporations, for illegally entering upon and taking possession of the public highways or bridges of their town. Neither have the electors of a town, at town meetiig, power, by resolution or otherwise, to authorize such commissioners to bring an action in their own names, or in their name of office, for such injuries. Such a resolution, if passed at town meeting, would not bind the town. Inr the case cited, the electors of a town, at town meeting, directed the commissioners of highways, to prosecute a Turnpike Company for entering upon and taking possession of a public highway and bridge in that town, and the commissioners accord ngly brought a suit for the cause of action in their names as commissioners, and had judgment against them,-Held, that they could not sustain an action against the town, to be re.imbursed, their costs and expenses, or the costs recovered against them in that suit. The electors of a town can not bind the town except in manner prescribed by law.-Cornell v. Guitford, 1 Denio 510. 2 Under this provision of the law, it becomes the duty of the (Commissioners of Highways, without an application, to proceed and re-survey all such roads laid out, and used as highways, but not sufficiently described, as well as such as have been used for twenty years but not recorded, that the same may become a matter of town reco'd, or more definite record; and their precise location be the more easily determined which may avoid( disputes between parties that might otherwise arise. - Bumpus V. Miller. 4 Mich. 161. Twenty years uninterrupted user of a way is primafacie evidence of a prescriptive right. - 1 Saund. 323 a; 10 East, 476. Hence all such roads as have been used and traveled by the public for twenty years, without interruption, become public highways by prescription; which in law is defined to be the manner of acquiring property, or any particular right, by long, honest, and uninterrupted possession or use during the time required by law. T,he public, however, have not the right to use and occupy the soil of an individual, adjoining navigable waters, as a public landing and place of deposit of property In its transit, against the will of the owner, although such user has been continued for more than twenty years. The user can not be urged by the public, either as a foundation of a legal presumption of a grant, and thus justify a claim by prescription, or as evidence of dedication of the premises to public use. - Pearsoll v. Post, 20 Wend. 111 . C. nn Error, 22 Wend. 425. The provision of the Constitution, -That private property shall not be taken for public use without just compensation- therefore, does not affect cases of this kind. It applies to cases where private property is taken for public use without the consent of the owner and not to cases where the owner actually gives or ded iaestes his property to the public for their use; or where, from his long acquiescence in the use of it by the public. a donation or dedication is presumed by law. It seems that, whether the highway is acquired by user only, or under the provisions of the Constitution, it must be of the width prescribed by law; the dedication or donation, when not expressly or impliedly restricted by the owner is not confined to the L DIV. XI.] Highway8 and Bridges. 153 154 Townsh Laws of Michigan. [DIV. XI. 3 Barb., S...R. 4. To cause the highways, and the bridges over the streams 645,2 H ill, 619. intersecting highways, to be kept in repair;1 6 HEill, 463. 5. To divide their respective townships into so many road districts as they shall judge convenient, by writing, under their hands, to be entered of record in the Township Clerk's office; mere track which is beaten by carriages, and the feet of animals, in passing along but includes and carries with it the width as provided by statute. —Bumpus v. Miller, 4 Mich. 164. But Commissioners of Highways have no authority under this provision, to change the width of the road, or to change its location; and if the Commissioners, in such cases, encroach upon the lands which do not belong to the highway as it had been actually opened and used, the owner thereof can not take his remedy by appeal, as in other cases, but must seek it in some other form. The statute in relation to appeals from the determination of Commissioners of Highways, in laying out, altering, or discontinuing or in refusing to lay out, alter, or discontinue any road, it is held, does not extend to such cases. —24 Wend. 491. Formt of Order of Commissioners of Highways ascertaining a Road used as a Highway, and laid out, but not sufficiently described. Oakland County, 1 Township of Pontiac. s. Whereas, it appears that a certain road in said Township of Pontiac, leading from (here insert a description of the road with convenient certainty, giving the place of commencement and termination) is used as a highway, and has been laid out as such, but is not sufficiently described: Now, therefore, we, the undersigned Commissioners of Highways for the said Township of Pontiac, do order that said road be ascertained, described, and entered of record in the Township Clerk's office in said township, according to a survey thereof, which we have caused to be made as follows: (Here insert the survey.) The line of said road being the centre thereof; said road being -- rods in width. Witness our hands, this - day of - A. D. 18 A. B., C. D., E. F., Commissioners of Highways. Form of Order of Commissioners of Highways ascertaining and describing Road used for twenty years, but not recorded. Monroe County, Township of Monroe. Whereas it appears that a certain road in'said Township of Monroe, leadi;g from (here describe the road with convenient certainty, giving the place of commencement and termination) has been used as a highway for twenty years but not recorded: Now, therefore, we, the undersigned Commissioners of Highways for the said Township of Monroe, do order that said road be ascei tained, described and entered of record in the Township Clerk's office of said township, according to survey thereof, which we have caused to be made, as follows: (Here insert the survey.) The line of said road being the centre thereof. Witness our hands, this day of --- A. D. 18 A. B., C. D., E. F., Commissioners of Highways. 1 In England the liability to keep highways in repair, is of common right incuam bent in general upon the parishes in which they respectively lie; but in some cases, it attaches, by prescription to particular townships or other divisions of parishes, and oc. casionally to private individuals or corportions, bound ratione tenrae, or in right of their estates or franchises to repair some particular highway; but the case of bridges is differently provided for. The expense of maintaining these is incumbent, not on the parishes, but on the counties at large, in which the bridges are situated. In this country, the construction of roads and bridges is, for the most part, c 154 Town,ship Latvs of Michigan. [DIV. XI. DIV. xi.] Highways and Bridges. 155 but no such division shall be made within five days next preceding the annual township meeting; 1 6. To assign to each of said districts such of the inhabitants, liable to work on highways, as shall reside in such district, or own lands therein: and, 7. To require the Overseers of Highways, from time to time, and as often as they shall deem it necessary, to have all persons assessed to work on the highways, perform their labor thereon, with such teams, carriages, sleds, or implements as said Commissioners, or any of them, shall direct. complished through our township organization; the counties contributing towards the construction of bridges, in cases where the expenses would be too onerous to be wholly borne by the townships in which they are situated. The statute, in express terms, gives to Commissioners of Highways, when elected, the care and superintendence of the highways and bridges of the town, and confers upon them all powers requisite for the execution of their trust. They are in no way responsible to the town, but are themselves a species of quasi corporation, with power to sue and be sued, having legal succession, and deriving their authority, not through the town, but directly from the statute. The towns have no power to give the slightest direction or instruction to these officers, as to the performance of their duties.-Commissioners of Niles v. Martin, 4 Mich. 557. If damages are sustained by individuals, in consequence of the non-repair of bridges and highways: towns are not liable to actions therefor either at common law or by statute. Nor can they be subjected to any liabil'ty for such non-repair through the means of an action against the Commissioners of Highways.-Ibid. A claim against a town, for damages thus occasioned, being entirely without foundation, will not support a promise by the electors of the town, assembled in town meeting, to pay the same, on the ground of its being made for the purpose of compromising a doubtful claim, and therefore upon a sufficient consideration.-Morey v. Townof Newfane, 8 Barb. 645. The existence of funds or other specific means provided by statute, is a condition precedent to the obligation of Commissioners of Highways to repair bridges; and an indictment against such Commissioners, for not repairing a bridge, is defective, unless it aver that they had funds or other means to defray the expenses of the repairs. —People v. Adlit el al., 2 Hill. 619. The Commissioners of Highways are not bound to build or repair either roads or bridges, until the necessary funds or means are provided. Commissioners of Highways have no power to contract a debt against the town, by borrowing money for the repair of roads and bridges. Accordingly, when Commissioners of Highways, borrowed $1000 for this purpose on a note purporting to bind them in their official capacity; —held, That the town was not liable thereby, and that an action could not be maintained against their successors to recover the amount.-Baker v. Loomis, 6 Hill. 463. At common law the counties and not towns were liable to build and repair the necessary bridges, and the remedy for neglect was by indictment. —17 Johns. 452. Held in New York that where a bridge is built by an individual over a natural stream for his own benefit, if the bridge be a public utility and is used by the public, they are bound to keep it in repair; but not so when the necessity forthe bridge is created by the individual. —Dygert v. Schenck, 23 Wend. 446. 1 Form of Order dividing Townships into Road Districts. Allegan County, t Township of Allegan.5 ss. We, the Commissioners of Highways for said Township of Alegan, do hereby order that said Township be divided into six road districts, as follows: Road district number one shall embrace all the highways contained within the following territory: (or boundaries, giving the description by secticns, or outward boundaries, as may be thought proper,) and all the inhabitants liable to work on highways as shall reside in said district, or own lands therein, shall be and are hereby assigned to work on the highways of said district number one. District number two shall embrace, &c., [ Continuing as aforesaid until the whole township is divided.] Witness our hands, this day of A. D. 18 A. B., C. D., E. F., Commissioners of Highways, DIV. XI.] Hiahway,g and Bridges. 155 11 156 Town8h Laws of Mic/iga. [DIV. xl.. To lay out and [992] SEC. 2. The Commissioners of Highways shall have discontinue Roads.tinue power, in the manner and under the restrictions hereinafter pro vided, to lay out and establish, upon actual survey, such new roads in their respective townships as they may deem necessary; and to discontinue such old roads and highways as shall appear to them to have become unnecessary.1 To renderae. [993] SEC. 3. The Commissioners of Highways of each ount to Town township shall render to the Township Board, at the annual ship Bord.. meeting of such board in each year, an account in writing: stating, 1. The labor assessed and performed in their township; 2. The sums paid for delinquencies and commutations, and other moneys received by them, and the application thereof; 3. The improvements which have been made on the roads and bridges in their township during the year preceding such report, and the condition of such roads and bridges; and 4. The improvements necessary to be made on the same, and an estimate of the probable expense thereof beyond what the labor to be assessed in that year will accomplish. tatement to be [994] SEC. 4. The Township Board shall cause such stateewensthipdat ment to be presented at the next annual township meeting, and Meeting; Mo- such meeting may vote for the raising of such sum, not exceedneys may be voted a m col- ing two hundred and fifty dollars in any one year, for the im]cted provement of the roads and bridges within the township, as a majority of the electors present shall deem necessary; and the sum so voted shall be levied and collected in the same manner as other township expenses.2 1 A town can not by vote authorize or compel Commissioners of Highways to lay, out, alter, or discontinue a particular town way or public road; their duty being expressly pointed out by law, and they can only act in obedience to its provisions.-Keen i. Stetson, 5 Pick. 492. 2Form of Account of Commissioners of Highways to be rendered to Township Board. To the Township Board of the Townsnip of Assyria, in the County of Barry. The annual account of the Commissioners of Highways of said Township of Assyria, for the year ending the - day of- A. D. 18- shows as follows, to wit: 1st. The labor assessed in said township during the year ending on the - day of A. D. 18-, is days, and the amount of said labor performed is days, as appears by the returns made to us by the several Overseers of highways in said township. 2d. There has been paid for delinquencies and commutations, and othermoneys have been received by us, and application thereof made, as follows 185-. June 4. Received from A. B., C. D., and E. F., penalties for refusing to work on highway, $1 each......... $3 00 June 6. " from G. H., commutation. 5 00 Aug. 1. " from I. J., Township Treasurer, being money received by him from Overseers.......... 200 0 $208 00 ept. 1. Paid for rebuilding bridge at.... 208 00 156 T Township Laws of ic7higan. [DIV. AXd. liv. xi.] Highways ad Bridges. 157 [995] SEc. 5. It shall be the duty of the Overseers ofDutisof ,-Highways: ~eers. 1. To repair and keep in order the highways, within the se veral districts for which they shall have been elected or appoint ed respectively; 2. To warn all persons assessed to work on the highways in their respective districts to come and work on such highways according to law; 3. To cause the noxious weeds within the limits of the high ways in their respective districts to be cut down or destroyed twice in each year, once before the first day of July, and again before the first day of September; and the requisite labor shall be considered highway work; and 4. To collect all sums due for delinquencies and commautation money, and to execute alllawful orders of the Commissioners of Highways.' [996] SEc. 6. It shall be the duty of the Overseers of Toremovelw Highways, once in every month, from the first day of April to stones. the first day of December, to cause all the loose stones lying on the beaten track of every road within their respective districts to be removed. [997.] SEC. 7. Two-thirds of the assessment of highway When Assess taxes shall be collected from all the resident inhabitants in each ment to be eoa I,looted. district, before the first day of July, and all the remainder of said assessment in the discretion of the Overseer. [998.] SEc. 8. The Commissioners of Highways of each Guide pos. township shall cause guide posts, with proper inscriptions and devices thereon, to be erected and kept in repair at the intersection of all post roads in their township, and at the intersection of such other roads therein as they may deem necessary. The following improvements have been made on the roads and bridges in said township during the preceding year: (Here set forth the improvements, and the condition of the roads and bridges.) 4th. The improvements necessary to be made on the roads and bridges in said township are as follows: (state what improvements are necessary.) We estimate the probable expense thereof, beyond what the labor to be assessed. in this year will accomplish, at - dollars. Given under our hands, this day of, A.D. 18-. A. B. C. D. E. F. Commissioners of Highvays. A town has no authority, however, to raise money to aid in the construction of a road which by law is to be made at the expense of the county; and consequently a tax laid by the town for the purpose of collecting the money is illegal and void. So held in Massachusetts.-Pearson v. Goshen, 71 Pick. 396. - An Overseer of H'ghways is bound to remove obstructions from the highways within his district, although not specially directed to do so by the Commissioners.McFadden v. Kingshury, 11 Wend. 667. Labor assessed for highway purposes can only be bestowed upon such roads or highways as are established by law. When lands are dedicated by the owner to public use as streets, they do not become public highways until accepted as such by the publie auLhorities.-Oswego v. Oswego Canal Co., 2 Seld. 263. Townships under the laws of Michigan, and in other Strtes under similar lawI could probably only accept of such dedication, by the action of the Commissioners of Highways, upon proper application, as in other cases of creating roads or highways. l57 ,,DIV. XI. ] Highway8 and Bridge8. 158 Tow8hip Law8 of Michigan. [DIV. XI. Scrapers and [999.] SEC. 9. Any Overseer of Highways may procure a Plloughs. Pougs. good and sufficient iron or steel shod scraper, and a suitable plough, or either of them, for the use of his road district, to be paid for with moneys arising from commutations, delinquencies, or non-resident highway taxes within such district.' Excess of work [1000.] SEc. 10. If any Overseer shall be employed more Yo ~vpeaidfor. days in executing the several duties enjoined upon him by this chapter, than he is assessed to work on the highways, he shall be paid for the excess at the rate of seventy-five cents per day, and be allowed to retain the same out of any moneys that may come into the his hands for delinquencies or commutations, un der this chapter; but he shall not be allowed to commute for the days he is assessed. When Commis- [1001.] SEC. 11. If any person chosen to the-office of Over stoners tomap poinstOiversPeer, seer of Highways shall refuse to serve, or if his office shall beeto. come vacant, the Commissioners of Highways shall, by warrant under their hands, appoint some other person in his stead; and the Overseers so appointed shall have the same powers, be sub ject to the same orders, and liable to the same penalties, as Overseers chosen in township meetings.' Warrantto be [1002.] SEc. 12. The Commissioners of Highways, making filed, notice to such appointment, shall cause such warrant to be filed in the be given, etc. office of the Township Clerk, who shall forthwith give notice thereof to the person appointed, which person shall give written notice of his acceptance to such clerk, within ten days after re ceiving notice of his appointment.2 Penalty for ne [1003.] SEc. 13. Every Overseer of Highways, who shall re evecetr, eetcr? by fuse or neglect to perform any of the duties required of him by law, or which may be lawfully enjoined on him by the Commis a As Amended by Act 51 1848. Laws of 1348, p. 49. 1Form of appointment of Overseer of ffighways in case of vacancy. Branch County, Township of Algansee. ss Whereas, A. B., who was lately chosen to the office of Overseer of Highways for road district number - in said Township of Algansee, has. refused to serve [or has removed from said township, by which his said office has become.vacant, or as the case may be.] Now, therefore, be it known, that we, the Commissioners of Highways of said township, do hereby appoint C. D., to be Overseer of Highways for said road district, number and to have the same powers, be subject to the same orders, and liable to the same penalties as if chosen in township meeting. Given under our hands this- day of - A. D. 18-. E. F., G. H., I. J., Commissioners of Highways. 2Form of Notice of appointment of Overseer of Highway. To A. B., Sm,-You are hereby notified that the Commissioners of Highways of thA Township of Albion, have by warrant under their hands bearing date theday of A. D. 18-, and filed in my office, appointed you Overseer of 158 Township Laws of Michigan. [DIV.:2XI. DIV. xi.] Htghways and Bridge 19 sioners of Highways of his township, and for the omission of which a penalty is not hereinafter provided, shall, for any such neglect or refusal, forfeit the sum of ten dollars.' [1004.] SEc. 14. It shall be the duty of the Comissioners of Wher CommisHighways of each township, whenever any person resident in sioners toprose cute for penaltheir township will make complaint that any Overseer of High- ty. ways in such township has refused or neglected to perform any of the duties required of him by law, or shall give, or offer to such Commissioners sufficient security to indemnify them against the costs which may be incurred in prosecuting for the penalty annexed to such refusal or neglect, forthwith to prosecute such Overseer in the name of the People of this State, for the recovery of such penalty.2 If any Overseer of Highways shall neglect or refuse to warn the residents in his district, liable to do work on the highways, to do such work as the law requires, and his warrant directs, such Overseer shall be liable to pay for all the work not so done or commuted for, at the rate of sixty Highways for road district o. -, in said township, instead of C. I)., who E. F., Township Clerk. Form of Notice of Acceptance of Ofice of Overseer of Highways. To A. B., Township Olerk of the Township of Calvin, in the County of Cass. SiR,-You are hereby notified that I accept of the appointment to the offlee of Overseer of Highways for road district No. -, in said Township of Calvin, made by the Commissioners of Highways, by warrant under their hands, bearing date the - day of A. )..18. Dated this day of A. D. 18-. A. B. 1 An Overseer of Highways is not liable in a private action for any error ofjudg. ment in the execution of his trust. He is only responsible for any neglect or refusal under the section of the act which subjects him in such case to a penalty.-Freeman v. Cornwell, 10 Johns. 125. If, however, he acts maliciously or oppressively, it is otherwise.-5 Johns. 135. 2Bond of Indemnity to Commissioners of Highways in prosecuting Overseer for Penalty. Know all men by these presents, that we, A. B. and C. D., of the Township of Bath, in the County of Clinton, and State of Michigan, are held and firmly bound unto E. F., G. H. and I. J., Commissioners of Highways, of said township, in the penal sum of dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors and administrators, and each of them firmly by these presents, sealed with our seals and dated this day of A. D. 18 —. The condition of the above obligation is such, that whereas the above bounden A. B., has this day made complaint, that L. M., an Overseer of Highways, in said township has refused (or neglected) to (Here state the duty refused or neqlected) duties required of such Overseer by law. Now, if the said A. B., shall promptly pay all costs which may be incurred in prosecuting for the penalty annexed to such refusal [or neglect] by said Overseer, and shall save and keep harmless said Commissioners against all such costs in prosecuting for such penalty, then this obligation to be void, otherwise to remain in full force and effect. In presence of C. D. [L. S.] O. P. A. B. [L. S.] DIV. XI.] Highways and Bridges. 159 160 Township Laws of Michigan. [DIV. XI. WhenOverseer two and a half cents per day; and it shall be the duty of the Bable. liable. Commissioners of Highways in each township to prosecute any Overseer who may so neglect, or refuse to do his duty, before any Justice of the Peace, or any other Court of competent juris diction, and collect of him what he may be liable to pay under the provisions of this act, unless such Overseer shall show satisfactory cause to such Justice of the Peace, or such Court, why he should not pay the same: Provided, That in all cases where judgement shall be recovered against any such Overseer, under'the provisions of this section, such Over seer shall not be further liable to an action for the penalty in curred by such neglect or refusal. An Act to Authorize the perfecting of the Records of Public Highways, and for other purposes. [Approved March, 28, 1849. Laws of 1859, p. 175.1 Defective High. [1005.] SECTION 1. Be it enacted by the Senate and Hfouse bewayneoribed" of Representatives of the State of Michiganz, That the clerk of by Township any township where the records of highways, filed and recorded Clerk. lerk prior to the first day of January, eighteen hundred and forty seven, may be found defective, may and he is hereby autho rized to transcribe the legal survey-bill of every such road, having thereon the signature of the Surveyor who made the survey, and the names of the Highway Commissioners of the township for the time being, or a majority of them. Hlow Clerk to [1006.] SEC. 2. The clerk in transcribing, where characters, tramcribethe initials, signs and figures are used in the surveybills herein resame. iniassin fiue usssre quired to be transcribed, shall write the same in words at full length, but the names of the Highway Commissioners, where there is no order establishing the survey as a public highway, shall be omitted. When trans- [1007.] SEC. 3. Where clerk of any township shall have cribed, Corn- transcribed the survey bills of his township, according to the missioners to meet atoffice of provisions of the preceding sections of this act, it shall be his TownshClerk.ip duty to give notice thereof to the Commissioners of Highways of his township, and it shall be the duty of saidCommissioners, or a majority of them, within ten days after the receipt of such notice, to meet at the office of such Township Clerk.' b As Amended by Act 69 of 1848. Laws of 1848, p. 71. 'Form of Township Clerks' Notice to Commissioners of Highways of Trans cribing Survey Bills. To the Commissioners of Highways of the Township of Bellevue, in the Coun ty of Eaton. You are hereby notified, that I have transcribed according to the statute in such case, made and provided, the legal survey bill of every roas in said township of Bellevue having thereon the signature of the surveyor, who made the survey, and the names of the Highway Commissionars of the township for the time being, or a majority of them; the records of which were filed and recorded prior to the 1st day of January, 1847, and which were found defective. Dated at Bellevue, this day of- A. D. 18-. A. B., Township Clerk. 160 Township Laws of Michigan. [DIV. XI. 114 DIV. xi.] Water Cor8e8. [1008.] SEc. 4. When so met, it shall be the duty of said commiissione Commissioners, and they are hereby authorized to affix their or- to esItat,lish ah oHithwRays aael der and determination, establishing as public highways so many oHthe R oad s the public inter roads as there are survey bills transcribed according to the pro- est mayrequire visions of this act, or so many thereof as, in their opinion, the public interest may require: Provided, That nothing herein shall be construed as authorizing the Commissioners of Highways to establish by their order, or in any manner to affect the record of any road, except such as was surveyed, opened and traveled as late as January first, eighteen hundred and forty-nine.' [1009.] SEC. 5. The said Commissioners, after having made DeterminatioU their order on the corrected copies of the survey bills, as pre- era to be remi. scribed in the last preceding section of this act, shall deliver corded. the same to the Township Clerk, whose duty it shall be to cause the same to be filed and recorded, as provided in chapter twentyfive, section one, of the Revised Statutes of eighteen hundred and forty-six. [1010.] SEc. 6. The corrected copy of the survey bill of any Effect of cor. township road, filed and recorded in pursuance of the provisions rected Recor of the last preceding section, shall be denominated the corrected record of highways of said township, and as such, shall be, deemed of the same force and effect that they would have had in law had they been made perfect at the time the surveys were taken. SEC. 7. This act shall be in force from and after its passage. An Act authorizing the Commissioners of Highwags of Townships to establish Water- Laws 1859, p. Courses, and locate ditches in certain cases. 1065. SECTION 1. The People of the State of Michigan enact, Agreement oft That if the persons interested in any water-course, or in drain- persons ofas wtolo y _~~~~~~~~cation of wate~ ing their lands by a ditch, shall agree to the establishment of courses or such water-course, or location of such ditch, and the apportion- ditches. ment of the labor, cost and expenses, that each person or tract of land interested in or benefitted by such water-course or ditch shall bear in opening and maintaining the same, they shall make a map thereof, showing the commencement and termination of such water-course or ditch, by courses and distances from the 'Form of Order of Commissione?-s, establishing public highways where survey bills have been transcribed. Genesee County, S Township of Agentine ss We, the Commissioners of Highways for said Township of Genesee, do order and determine, that the road described in the survey bill hereto affixed, be and the same is hereby established as a public highway. Witness our hands, this day of A. D. 18-. A. B., C. D., E. F., Commissioners of Highways. NOT?.-A separate order may be affixed to each survey bill, or the whole -may be embodied in one, referring particularly to, and describing each survey bill. DIV. XI.] Water Courses. 161l Township Laws8 of Michigan. ProoJefdgs. nearest section corner, or quarter post, or other permanent monument, and the intermediate courses and distances, the width and depth thereof, and divide the same into as many sections, numbering them, as there shall be persons or tracts of land con tributing to the construction and maintenance of the same, in accordance with the apportionment of labor to each person or tract of land, and shall attach thereto a certificate describing such water-course or ditch, its commencement, courses, distances, termination, width, depth, number of sections, and length of each section, giving the'name of each person, and description of each tract of land, benefitted by such water-course or ditch, and designating the section, by number, that each person or tract of land shall open and maintain, and shall sign such certi ficate, and file the same with the clerk of the township or town ship!s in which such water-course or ditch shall be located, and said clerk shall file and keep the same in his office with the town records, in the same manner that records of highways are now required by law to be filed and kept; and said persons shall, before filing said map and certificate, as aforesaid, cause a meas urement to be made of each section on the ground, a stake or boundary, numbered as aforesaid, to be placed at the end of each section, for the benefit of each person interested, which ditch or water-course, located and apportioned by agreement, as aforesaid, duly filed as aforesaid, shall have all the force and Agreement effect, and be as binding in law as if located and established binding in law. by the Commissioners of Highways under the provisions of this act. Wighway Oom. SEC. 2. If such persons shall agree as to the location and dilnissioners to apportion labor mensions of such water-course or ditch, but shall be unable to Peamse of disa agree upon the apportionment of the labor, costs and expenses of opening and maintaining the same, they may make a map and certificate, as provided in the first section of this act, omit ting therein the division into sections, and the apportionment of labor, costs and expenses in opening and maintaining the same, sign the same, and deliver it to the Highway Commissioners of the township or townships in which the water-course or ditch is located, and such Commissioners shall at once proceed to measure said water-course or. ditch, and apportion the labor, costs and expenses thereof, among the persons signing said certificate and the land benefitted in its proportion, in the same manner and with like effect as provided in this act in cases of locating and establishing without the agreement of parties, and shall file Oerttitate filed their certificate of apportionment, together with said maps and certificate of agreement, with the clerk of the township or town ships wherein located, who shall file and return the same, as in other cases in this act, which water-course or ditch, when so lo cated, established and apportioned, partly by agreement and partly by Commissioners shall have the same force and effect as if done entirely by agreement or by commissioners, as pro vided by this act. 162 [DIV. X'T. DIV. xi'.] Water Cor8e8. 16's SEc. 3. That the Commissioners of Highways shall have Power of Cornm power, upon application of any party interested, to enter upon lmcaisteditohesr, any lands in their townships, to view any water-course or proposed ditch, for the purpose of draining such swamps, marshes, and other low lands, and lands owned and held by one or more persons as do, in their judgment, affect injuriously the health of the inhabitants; and in case the parties interested in such lands can not agree where such water-course or ditch shall be located and opened, or as to the apportionment of the labor, costs and expenses that each person interested, or tract of land drained or benefitted by said water-course or ditch shall bear said Commissioners shall cause such water-course or ditch to be located and surveyed, if necessary, and shall set apart to each person, Apportion la, or tract of land drained or benefitted by the same, such portion bor, expenses, thereof, to be opened and maintained by such person, or tract of land as the said commissioners shall deem just and right, according to the benefits to be derived by him or advantage to such tract of land drained and benefitted by opening such water-course or ditch. SEc. 4. That when any person shall make application to said Proceedings on application for commissioners, as prescribed in the third section of this act, said Comrmlissionera commissioners shall at once appoint a time and place for making to locate, &c. such examination and hearing, and such persons shall give notice in writing to all persons interested in the proposed ditch or water-course, if known to such person, of such application and the time when, and place where, said commissioners will meet to make such examination, which notice shall be served person- Notice to par. ally upon said parties, or by copy left at the residence of such ties. party, at least three days before the day appointed by said commissioners as aforesaid; and a copy of such notice, together with the affidavit of service thereof, and the publication of notice as herein provided shall be taken as evidence that the same has been regularly served and published; and if any parties reside without the State, or county or township, it shall be lawful to give such notice by publication thereof for two successive weeks before such time appointed, as aforesaid, in some newspaper of general circulation in the county, and said commissioners shall have power to administer oaths as to verification of services and publication of notice, and in all other cases necessary in enforcing the provisions of this act. SEc. 5. On such examination, if said commissioners shall Survey maps, determine to locate such ditch or establish such water-course, &. they shall make a survey of the proposed route, if necessary, and shall make a map or diagram thereof, showing its com- What map to mencement, courses, distances, termination and dimensions, and cshow. divide the same into as many sections, numbered, as there are tracts of land to be drained or benefitted by such water-course or ditch; and shall attach thereto their official certificate showing the commencement and termination of the same, from the nearest section corner or quarter post, or other permanent .163 Water Course's. DIV. XI-] 164 Towsip Laws of Mhiga ['>iv. xi. Certificate of boundary, and the intermediate courses and distances and diOommissioners. mensions thereof; and in case the owners of land through which the same is located, shall not release all claim for damages on account of locating and opening the same, the said commissionProvision for ers shall make a list of twenty-four disinterested free-holders of jury for esti said county, residing in the vicinity of such property, from mate of damage. which said commissioners shall strike off the names of six, and' the persons claiming damage, six; and if no such persons appear, or appearing, refuse or neglect to act, then said commissioners shall strike off other six, and the remaining twelve shall be the jurors elected; and said commissioners shall at once issue a venire, signed by them, directed to the sheriff or any constable of said county, commanding him to summons said jurors, naming them, to be and appear before him forthwith, and at such other time as they shall direct, not more than three days from the date of said venire, to serve as jurors to ascertain the necessity of taking certain property for the purpose of such ditch or water-course, and to appraise the damage thereon; and if all said jurors shall not appear, the said sheriff or constable Oathof jurors. shall summons talesmen to make a full jury. The said jurors shall be sworn by said commissioners, or one of them, to ascer tain the necessity of locating and opening such ditch or water course described in said certificate, and to appraise the just com pensation thereof, and damages thereon, if any. The said jury Return of jury. shall take said map and certificate of said commissioners, and after viewing the premises described therein, they shall make return to said commissioner in writing, signed by them, of their What to state. doings, which shall state the necessity of such water-course or ditch, and the amount of compensation or damage appraised, if any, to all persons injuriously affected or damaged by said ditch or water-course, and to whom payable, which venire and return of said jury shall be filed in the office of the clerk of said town ship or townships, and in case said jury can not agree another Now jury. may be chosen and sworn in like manner, on the same or some other day, to be appointed by said commissioners, who shall act and make returns as aforesaid, and successive jurors may be chosen, sworn and act as aforesaid, until they shall agree, if the parties interested desire it, or said commissioners may then or in the first instance, apply to the probate court of their county for the appointment of the [three] commissioners to act in plaoe of said jury, who shall take the same oath of said jurors, and shall perform the same duties prescribed above for said jury, and the certificate of their appointment by said probate court with their return shall be filed in the town clerk's office in same Proviso. manner as return of the jury: Provided, That if said jury or comnmissioners shall certify that said water-course or ditch is not necessary, all further action in that case shall be suspended for six months; at the expiration of which time another jury or set of commissioners may be called or appointed as aforesaid, if the parties interested desire it, and in case such jury or commis 164 Township Laws of Michigan. .[DIV. XI.: DIV. xi.] Water CGt~r8e8. 16 sioners agree and make return as aforesaid, the commissioners of highways shall proceed as aforesaid. SEc. 6. If the said jury or said commissioners of appraisal, Comnmissionera to apportion- la so appointed, shall return that said water-course or ditch is ne- bor,ppenses,rtn cessary, and shall award the compensation or damage as afore- &~ said, the said Commissioners of Highways shall, as soon there after as may be, proceed to apportion the labor, costs and ex penses of opening and maintaining said ditch or water-course, among the several persons interested therein, and upon the lands drained and benefitted thereby, in such amount and proportion as they shall deem just and right, and shall cause a measure ment to be made of such portion thereof, as they shall award to each person or tract of land, and cause a stake or monument Boundaries de to be placed at each boundary line, and number the same, to fined. correspond with the said numbers on said map and certificate for the benefit of those interested, and shall officially certify the number of each section they so award to each person or tract of land; which certificate, together with said map and certifi-ling of Perth cate of location and dimensions, and other papers in the case, shall be filed in the office of the clerk of the township in which the samne is located, to be there preserved as the records of such townships for the benefit of those interested; and such award Apportionment to be aien. and apportionment of labor as aforesaid, by said Commissioners of Highways when duly filed as aforesaid, shall thenceforth be an obligation against such owner of lands benefitted and assess ed, and a lien upon such tract of land to open and always maintain such portion of such ditch or water-course in accordance with the order of the Commissioners of Highways of such townships. SEc. 7. Said Commissioners of Highways, after having made Nrotice to ow ers. said apportionment and filed certificate thereof, shall, within a reasonable time, cause a written notice to be served upon the persons owning or interested in the land drained and benefitted as apportioned, if known to said commissioners, setting forth the section or sections of said ditch or water-course he is bound to open and maintain by his agreemant or by said apportionment, and shall order him to open said ditch or water-course of OradertoouPse 1water- course. the width and depth described in said map and certificate so filed by agreement or by said commnissioners, within such reasonable time as they shall, in said order, specify, and that he may keep open and sustain without obstruction, his said portion thereof, of the width and depth designated in said map or certificate, and in all cases of non-residence of such persons, such order and notice may be posted in three public places nearest to the said land so owned and assessed for draining as aforesaid, and the certificate of the commissioners or affidavit of other persons as to such service and posting, filed in said cl.rk's office, shall be deemed conclusive evidence of the regular service and posting of said notice and order. Water Course8. I.63 Div. xi.] 66 Township Law8 of Michigan. [DIV. XI. Commissioners SEc. 8. If any person interested in said water-course or proto pontraot for heposed ditch, and assessed, as aforesaid, for opening the same, in case of refa- shall fail to procure the cutting of said ditch, or opening of said sal by owner. water-course, through that section of the same so apportioned to him, and against his land, as aforesaid, by said commissioners, or by agreement, at the time and manner designated by said commissioners in such order and notice, said commissioners shall cause the same to be done, either by public or private contract, on such reasonable terms as they are able to procure, and give to such person having performed the labor aforesaid a certificate of the amount and value of the labor by him performed, or caused to be performed, with a description of the land against Expenses how which such labor was apportioned; and the person holding such paid. certificate shall be authorized, after demand and refusal to pay, to file the same with the Supervisors of the township where the land is situated, who shall enter the same upon the tax roll of his township against the land described in said certificate bene fitted by the cutting and opening of said ditch or water-course, in a column entitled " delinquent ditch tax," in the same manner that delinquent highway taxes are required by law to be enter ed, and the amount so entered, together with the legal interest thereon, shall be collected by the Township Treasurer, the same as other taxes, and when collected, shall be paid over to the Proviso. person or persons entitled to receive the same: Provided, That if the person owning any land so benefitted, and assessed and interested in said ditch or water-course, reside out of the State or county, shall fail to pay the Township Treasurer for the use of the person holding such certificate, for thirty days after the labor has been performed, the person holding the same may file it with the Supervisor of the township where said land is situ ated, who shall levy the same upon the tax roll of his township, in the manner above stated, and the same shall be collected and paid over as provided in other cases in this section: Provided further, That no Supervisor shall be obliged to levy the tax as aforesaid, unless said certificate contain a perfect description of the land subject to the amount so claimed. Unpaid tax. SEc. 9. If the tax on the land so assessed on the tax roll for delinquent ditch tax shall not be collected by the Treasurer of said Town, the same shall be returned, advertised and sold, the same as lands are returned and sold for other taxes. Ditches in two SEC. 10. In cases where any proposed ditch or water-course or more town- shall be in more than one township, application shall be made iships. to the Highway Commissioners of each of said townships, and in such case a majority of the commissioners of such townships shall be competent to create and establish the ditch or water Proviso. course: Provided, alwags, That no commissioner shall serve in . any case wherein he is personally interested. Any two com missioners may form a quorum for the transaction of business, and should such township be without a quorum, it shall be law 1,66 Township Laws of Michigan. [DIV. XI. DIV. xi.] Water courses. 167 ful for the commissioners of any adjoining township to perform like duties with like powers, as residents of any such township. SEc. 11. All persons to whom damages shall be awarded, as Damages, by herein provided, for cutting any ditch, or opening water-course, whompaid or throwing up any embankment, or changing any watercourse, shall be paid therefor by the persons interested, the amount of such award, on demand of said commissioners, within thirty days after damage shall have been ascertained, as in this act provided. SEC. 12. The person interested in said ditch or water-course Fees of officers shall be responsible for the fees of the officers, juries, and corm juri, amoat missioners under this act, and for the amount of damages award- &o, by whom ed by the jury or commissioners for the opening of the proposed raid ditch or water-course, and shall be by them, or some of them, deposited with the said Commissioners of Highways, before said commissioners shall order the same cut and opened; and in case such person, or persons, advance the whole of such sum, or an undue proportion thereof, he shall notify said commissioners of the amount he or they have advanced, and the same shall be credited to him in said apportionment of labor in opening said ditch. SEc. 13. Highway Commissioners and other persons refusing, Penalty. failing or neglecting to perform any of the duties imposed by this act, shall forfeit and pay a fine of five dollars for every such neglect and refusal, to be recovered before any justice of the t peace in his township, for the benefit of common schools in such township, at the suit of any person feeling aggrieved thereby. SEC. 14. The Commissioners of Highways shall receive for Compensation service under this act, each one dollar per day, and half dollar of commission I ~~~~~~~~~~~~~~~~ers. for each half day for the time actually employed. The judge of probate the sum of fifty cents for making appointment of commissioners and certificate thereof. The sheriff and constable the same as in other cases of serving venire, and juries the same fees as in cases before justices of the peace. SEc. 15. Whoever shall wilfully obstruct any such ditch or Penalty for ob water-course, or injure the same, shall forfeit for every such of- structing water "Oulrio. fense a sum not exceeding twenty-five dollars, to be recovered before a justice of the peace of such township, for the benefit of common schools in such township, at suit of any person making complaint, and shall also remove such obstruction, and in default thereof for three days shall be liable to action therefor, before any justice of the peace of the town, at the suit of the Commissioners of Highways, to be expended by said commissioners in removing such obstructions, and the fees of commissioners in superintending the same, and attending to such suit. SEC."16. The power herein conferred upon Highway Corn- Powerextended missioners, shall also extend to, and include deepening, widening and cleaning out any ditches or drains that have been here tofore made or shall hereafter be construed. Approved February 15, 1859. -. DIV. XI.] Water Courses. ~167 168 Town8hip Law8 of Miciga. [DIV. XI. An Act Relative to the Streets of Recorded, but Unincorporated Village Plats. [Approved March 6,1844. Laws of 1844, p. 28.1 Streets on plats [1011.] SECTION 1. Be it enacted by the Senate and House f ednvillcgreto of Representatives of the State of Michi,qan, That such Streets be urder c.re of Recorded, but unincorporated Village Plats, as the Commisof Overseer,% of Highways, sioners of Highways shall deem to be required for public llih ways, shall be included in the several road districts of the re spective townships in which they are situated, and shall be sub ject to the care and superintendence of the Commissioners and '16 Barb. s. C. Overseers of Highway relative to repairs, and in like manner as 2. 51.wprvddfr X: 25 other highways are now by law provided for. SEc. 2. This act shall take effect and be in force from and after its passage. Iw An Act Relative to State Roads. [Approved Maarch 28,1836. Laws of 1836, p. 102.] State Roadsto [1012.] SECTION 1. Be it enacted by the Senate and House be in charge of of Representatives of the State of Michigan, That all State Commissioners f Highways. Roads which are now, or hereafter may be laid out in this State, shall be under the care of the Commissioners of Highways of the several townships through which the same shall pass, and r' subject to be by them opened and kept in repair, in the same manner as Township Roads may be by them opened and kept in repair. 168 Townshtp Laws of Michigan. [DIV. XI. DIV. xii.] Highways. 169 tComp. Laws, DIV)WISION XII.-OF PERSONS LIABLE TO WORK ON IIIGHWAYS, 1857,CaHAP. XX AND MAKING ASSESSMENTS THEREFOR. p. 346. N. Y. Rev. Stat. Chapter Twenty-Three of Revised Statutes of 1846. Art. 2, Title 1, Chap. 16, Part 1. [1013.] SECTION 1. Every person owning or occupying land Personsliablto1 Persons liable to in the township in which he resides, and every male inhabitant be Assessed above the age of twenty-one, and under fifty years, except as hereinafter provided, residing in the township where the assessment is made, shall be assessed to work on the highways in such township; and the lands of non-residents, situated in such township, shall be assessed for highway labor as hereinafter provided. [1014.] SEC. 2. The Commissioners of Highways of the When Tax to be several townships shall meet at the office of the Supervisor, on the third Monday of May in each year, for the purpose of assess- Laws 1859, p. ing a highway tax, and they shall have free access to the assess- 1844 p73.69 e ment roll until they shall have completed their assessment.' 2. [1015.- SEC. 3. Each of the Overseers of Highways shall, List to be fur. within sixteen days after his election, or appointment, deliver seersh.dbyver to the Township Clerk a list subscribed by him, of the names of all the inhabitants in his road district who are liable to work on the highways.14 [1016.] SEC. 4. The Commissioners of Highways in each Statement and description of township shall make out from the assessment roll, a separate Property. list and statement of the valuation of all the taxable personal property, and a description of all lots or parcels of land within each road district in such township, inserting in a separate part of such list descriptions of land owned by non-residents of the township, with the value of each lot or parcel set down opposite to such description, as the same shall appear on the assess 4 An Act to Amend Chapter Twenty-Three of the Revised Statutes of 1846, relative to Highway Taxes. Aproved April 2, 1850. Laws of 1850, p.296.: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That section Two, of Chapter Twenty-Three of the Revised Statutes of eighteen hundred and forty-six, shall not apply to the counties of Chippewa, Marquette, Houghton, Schooleraft and Ontonagon. SEo. 2. That the Commissioners of Highways of each of the counties above named, shall meet at the office of the Supervisor on the third Monday of July in each year, for the purpose of Assessing a Highway Tax, and shall have free access to the Assessment Roll until they shall have completed their Assessment. "Form of list of names of Inhabitants liable to Work on Highway. The following is a list of the names of all the inhabitants inmy road district, being district No. - in the Township of Adams, and County of Hillsdale, who are liable to work on the highways. John Jones, George Church, Jerem-y Jackson, John Doe, Witness my hand, this day of - A.D. 18-. A. B., Overseer of Highways. M DIV. XI,.] Highways. 170 Town8k Law'8 O'/ Michigan. [Div. L ment roll; and if such lot or tract was not separately described in such roll, then in proportion to the valuation which shall have been affixed to the whole tract of which such lot or par cel forms a part,5 Assessment, [1017.] SEc. 5. In making the estimate and assessment of how made. highway labor, the Commissioners shall proceed as follows: 1. Every male inhabitant in each road district, being above the age of twenty-one, and under the age of fifty, except pau pers, persons of color not possessing taxable property, idiots and lunatics shall be assessed one day; 2. The residue of the highway labor to be assessed, not ex1840, p. 81, Sece. ceeding one day's work upon one hundred dollars of the valua tion, shall be apportioned upon the estate, real and personal, of every inhabitant in each of the road districts in such township, and upon each tract or parcel of land in the respective road districts, of which the owners are non-residents, as the same Shall appear by the assessment roll; 3. The Commissioners shall affix to the name of each person named in the lists furnished by the OverSeers, and not assessed upon the assessment roll, and also to each valuationof property within the several road districts, the numb'er of days which Su-h person or property shall be'assessed'it highway labor, adding one day to the assessment of each person liable to a poll tax, and assessed upon the township assessment roll. Clerlktomake [1018.] SEC. 6. The clerk of the Board of Commissioners shall, Under their direction, make duplicates of the several lists, which shall be subscribed by the Co'imiissionits, one'of which 15Form of list and statement of Assessment of Highway Taxes. At a meeting of the Commissioners of Highways of the Township of Delhi, in the County of Inqham, at the office of the Supervisor of said Township, on the - day of ay, A. D. 1i8-, being the second Monday thereof, for the prpi'e of assessig a highway tax, said Comm issioners did proceed and have made out from the assessment -roll, the following separate list and statement of the valuation of all the taxable personal property, and a description of all lots and parcels of land, within each road district in said Township; inserting in a separate part of such list, descriptions of lands owned by non-residents of said township, with the value of each lot or parcel set down opposite to such description, as the same appears on the assessment roll. ~I VLIIIOFIS. I I IVLEO oo. O F DA. N YALME OF. DERORIPTION OF LAND- AACELOT. O| NOL Ox D PER. PROP. EACH LOT. POLL TAX. A. B. 500.00 E. X of the N. E. Y Sec. 10. I1000.00 I C. D. 5-.000, W. X of the N.E. E- YSee. 10. 800.00 $ 91 LANDS OWNED BY NON-RES- *v -,,..,....IDENTS......... Unk'wni E. o-ftheN. E K of Seo. 11. 600.00 7 W'.X ofthe N.. X of~ec.61 00.00 1 Dated this day Of A. D. 18-. A. B., C. D., E. V., Commissioners of Highways. Township Laws of Michgan. a-9fMihgn. [DIV. XII. 170 DIV.~~~ xi. t7-as lists for each road district shall be filed by such clerk in his office, and the other shall be forthwith delivered to the Overseer of Highways of the district in which the highway labor therein specified is assessed. [1019.] SEc. 7. The names of persons left out of any such Oomitted.r list, and who ought to have been included therein, and of new inhabitants who have not in the same year been assessed in some other place for highway labor, shall be, from time to time, added to the several lists, and rated by the Overseers in proportion to their taxable real and personal property, as others are rated on such lists by the Commissioners, to work on the highways, subject to an appeal to the Commissioners. [1020.] SEc. 8. It shall be the duty of the Commissioners Credit to per........ s~~~~~~~~~~~~~~~~ons, working of Highways of each township to credit such persons as live on Private Roads. private roads and work the same, so much upon their assess ment on account of such work, as such Commissioners may deem necessary to improve and keep such private roads in repair; or they may annex any such private road to some highway district. [1021.] SEc. 9. Whenever the occupant of any land not Certain Assess ments to be owned by him, shall be assessed therefor by the Commissioners made separate. they shall distinguish in their assessment lis the amount charged upon such land from the personal tax, if any, of such occupant; but when any such land shall be assessed in the name of the occupant, the owner thereof shall not be assessed, during the same year, to work on the highways on acount of such a. [1022.] SEc. 10. Whenever any tenant of any land for a less When Assessterm than twenty-five years, shall be assessed to work on the mduert.maiYobm dehighways on account of such land, pursuant to the last section, Rent. and shall actually perform such work, or rommute therefor, he shall be entitled to a deduction from the rent due, or to beome due from him for such land, equal to the full amount of such assessment, or he may recover the same of his landlord in an action for money paid for his benefit, estimating the same at so much as is, or shall be prescribed by law for commutation pex day for highway labor, unless otherwise provided by agreement between such tenant and his landlord. Hiq7tways. 171 DIV. Xil.] 172 TOwn8hip Lazvs of Alichtgan. [DIV. XIII. Comp. Lawws, DIVISION XIII. —OF THE DUTIES OF OVERSEERS IN RETGARD TO 1857. CHAP. XXI p. 349. THE PERFORM3ANCE OF LABOR ON HIGHWAYS; AND OF THE PERFORMANCE OF SUCH LABOR, OR THE COllMMIUTATION THERE FOR, AND APPLICATION OF MONEYS BY THE CO.[MISSIONERS. N. Y. R. S.. Art. 3, Title 1, Chap. 16, Part 1. Notice to personi:Afse sed. Chapter Twenty-Four of Revised Statutes of 1846. Notice toper- [1023.] SECTION 1. It shall be the duty of the Overseers of sons Assesesd. Highways to give at least twenty-four hours' notice to all per sons assessed to work on the highways in their respective dis tricts, and residing in their townships, of the time and place when and where they are to appear bfor that purpose, and with what implements.6 When Agent of [1024.] SEC. 2. It shall be the duty of the several Overseers benon-esident to of HIighways to notify the agent of every non-resident owner of lands within their respective districts, if they shall know that any such agent resides within the township, of the number of days assessed upon the lands of such non-resident, and of the time when, and place where the labor is to be performed; which notice shall be given at least five days previous to the time appointed. Commutation [1025.] 3EC.. Every person liable to work on the highfor work, etc. ways, shall work the whole number of days for which he shall have been assessed; but every such person, other than an Over seer, whether resident or non-resident, may elect; to commute for the same or any part thereof, at the rate of one dollar for each day, in which case such commutation money shall be paid to the Overseer of Highway of the district in which the labor is required to be performed, and shall be applied and expended by such Overseer in the purchase of implements, or construc tion and repair of the roads and bridges in the same district, except when said taxes are otherwise appropriated, or disposed of by law.n Whe Commla tationtobepaid [1026.] SEc. 4. Every person intending to commute as afore tatio tbe paid. said, shall within twenty-four hours after he shall be notified to appear and work on the highways, pay the commutation money 16Fornm f notice to work on highways. To James Jackson, residing in the road district No. - in the Township of Berlin, in the County of Ionia. You have been assessed to work on the highways in said district days, you will therefore appear at (here state the place where) on the day of A. D). 18-, at o'clock, A. M., with (here state with what implements.) A. B., Orerseer. a As Amended by "An Act to Amend Sections Three and Sixteen of Chapter Twenty-Four, Title Six, of the Revised Statutes of 1846, so as to increase the rate of Commutation for Labor assessed on the Highways." Approved February 3, 1857. Laws of 1857, p. 45. Township Laws of.3fichigan. 172 [DIV. XIII. DIV. xiii.] High ways. 173 for the work required of him, and the commutation shall not be considered as complete until such money be paid. [1027.] SEc. 5. Every Overseer of Igighways shall have rOerseeecamrtaY '~~~~~~~~C k requi r-e cart, power to require a cart, wagon, plough or scraper, with a yoke etc., to be fur. of oxen or span of horses, and a man to manage them, to be niched furnished by any person having the same within his district, who shala have been assessed and shall be liable for three days or more; and the person furnishing a man and team, with a cart, wagon, plough or scraper, upon suchli requisition, shall be entitled to a credit of three days for each days' service therewith. [1028.] SEc. 6. Every person assessed to work on the high Workby substi. ways, and warned to work thereon, may appear and work in tute. person, or by a substitute; and the person so appearing shall actually work eight hours in each day. [1029.] SEC. 7. If any person assessed, or his substitute, Forfeiture for shall, after appearing, remain idle, or not work faithfully, or idleness, etc. hinder others from working, such offender shall, for each offence, pay the sum of one dollar. [1030.] SEc. 8. Every person so assessed and duly notified, Liabililty for re fus3al to work, who shall not commute, and who shall refuse or neglect with- etc. out good cause to appear as above provided, shall, for every day's refusal pay the sum of one dollar; and if he was lawfully required to furnish a team, carriage, man, or implements, and shall refuse or neglect, without good cause, to comply, he shall pay as follows: 1. For wholly refusing to comply with such requisition, three dollars and fiftycents for each day; 2. For omitting to furnish a cart, wagon, plough orscraper, one dollar and twenty-five cents for each day; 3. For omitting to furnish a yoke of oxen or span of horses, one dollar and twenty-five cents for each day; 4. For omitting to furnish a man to manage the same, one dollar and twenty-five cents for each day. [103-1.] SEC. 9.,17 It shall be the duty of every Overseer ofOveraseerco, when Highways, within six days after any person shall become liable plaint agai,nst persons liable for the payment of any sum of money under the provisions of for neglect, eto either of the last three preceding sections, unless a satisfactory 17For of complaint of Overseer against persons refusing to work on high ways. Jackson County, Township of Columbia.S The complaint of A. B., Overseer of Highways, in road district No. - made before 0. D., a Justice of the Peace in said township, on the day of A. D. 18-, The said A. B., being duly sworn doth deposeand say that (here set forth the matter of complaint.) A. B. Subscribed and sworn to before me this -day of A. D. 18-. -.~~. ~~~~C.D., Justice of the Peace. DIV. XIII.] Highways. 173 17 To-pLw fMc~g ~ [I.XI excuse be rendered to him by the person so liable, to make com plaint in writing and on oath, to some Justice of the Peace of the township, stating the default, neglect, refusal, or other cause, by reason of which such person became so liable. Proceedings on [1032.] SEC. 10. The Justice to whom such complaint shall complaint,.]t be made, shall forthwith issue a summons directed to any con stable of the county, requiring him to summon the person against whom the complaint shall have been made, to appear forthwith before such Justice, at some place to be specified in the summons, to show cause why a judgment should not be rendered against him according to law for the cause mentioned in the complaint; which summons shall be served personally.'8 Judgment and [1033.] SEC. 11. On the return of such summons, or within execution. exection such reasonable time thereafter as the Justice shalt allow, if no sufficient cause shall be shown to the contrary, the Justice shall render a judgment in favor of the people of this State against such personl for the sum which such person shall have become liable to pay on account of the default, neglect, or other delin quency mentioned in the complaint, with the costs of prosecu-, tion; aind shall forthwith issue an execution under h'is hand, di. rected to any constable of the county, commanding him to levy the amount of such judgment, including the costs of the pro ceedings, of the goods and chattels of such defendant. Proceedings on execution. o [1034.1- SEC. 12. The constable to whom such execution shall be delivered, shall forthwith proceed to collect the moneys therein mentioned, by distress and sale of the goods and chat tels of the defendant therein named, giving at least ten days' notice of the time and place of sale; and he shall pay such moneys, when collected, to the Justice who issued the execu tion, who shall pay the same to the Overseer who entered the complaint, to be by him expended in improving the roads and bridges itl his district,. Moneys collect- [1035.] SEC. 13. Every sum of money collected for a refusal ed to besetoff or neglect to appear and work on the highways, shall be set against Assess,nme st. es off against the assessment upon which it was founded, estimat ing every one dollar and twenty-five cents collected, exclusive 18Form of Summons against person refutsing to work7c on the highways. Kalamazoo County, Township of Alamo. To any constable of said county, greeting: Whereas, complaint has been made before the undersigned, a Justice of the Peace in and for said'township by A. B., setting forth that [here set forth the matter of complaint.] These are therefore, in the name of the People of the State of Miehigan, to command you to summon the said E. F. to appear forthwith before the undersigned Justice of the Peace, at his office in said township, to show cause why a judgment should not be rendered against him according to law for the cause mentioned in said complaint; and hereof make due return as the law directs. Given under the haad and eal of said Justice, this- day of:- A.. 18 C.1., [L. s.] Justice of the Peace. [DIV. XIII 174 ToWn87tip -LaIW8 of- Michigan. DIV xxi, I- gwy8 of the costs of the proceedings, as a satisfaction for one days' work. [1036.] SEc. 14. The acceptance by an Overseer of an ex- Excuse, efect cuse for a refusal or neglect, shall not in any case exempt the person excused from commuting for, or working the whole number of days for which he shall have been assessed during the year. [1037.] SEC. 15. Every Overseer of Highways shall, on or List fa non-reti. dent Lands, etc., before the first Monday of October in each year, make out and to be delivered deliver to the Supervisor of his township, a list of all the lands to Supervisor. of non-residents and of persons unknown, which are taxed on his list, upon which the labor assessed has not been paid, and the amount of labor unpaid; and said Overseer shall make and subscribe an affidavit thereon before some person competent to administer oaths, or before the Supervisor, that the labor 1844 p.69, Sec. assessed upon the lands so returned has not been performed, and remains unpaid.19 S3upervisor to [1038.] SEC. 16. The Supervisor of each township shallcause delincause the amount of such arrearages of labor, estimating the quent taxes to 9 ~~~~~~~~~~~e collected, etc. same at one dollar for each day, to be levied on the lands so collectedet returned, and to be collected in the same manner that the contingent charges of the township are collected; and the same, when collected, shall be paid into the Township Treasury, to be applied by the Commissioners of Highways, in the construction and improvement of roads and bridges in the road district for the benefit of which the labor was originally assessed, except 19Form of Overseer's return to Supervisor of unpaid taxes upon lands of unknown persons and nonresidents. The following is a list of all the lands inroad district No., in te Township of Ada, of non-residmts and of persons unkiown, which aretaxed on my list for the year 18-, upon which the labor assessed has not been paid, and the amount of labor unpaid. NAMES OF OWNERS. DESCRITION OF LAND. AM'T OF LABOIR SPAID A. B. N. W. 1-4 of Sec. 12. 3 days. C. D. N. E. 1-4 of Sec. 12. 3 Do. E. F. S.E. 1-4 of S. E. 1-4 of Sec. 12. 2 Do. Unknown. N. E. 1-4of S. E. 1-4 of See. 12. 2 Do. Dated this -day of - A. D. 18-. GO He., Overseer. Formn of affidavit to be attachad to foregoing statement. T6wnship of G. H., an Overseer of Highys, whose name is subscribed t' th -foregoing list, being duly sworn, doth depose and say, that the labor assessed upon the land so returned has not been performed and ramains unpaid. G. Ht., Subscribed and sworn to before methis- day of A a-. D. 18-. A. B., lots DI-V. X'I!I,] High,ways. 176 Towsh Laws of Michigan LDIV. XIII. when said taxes are otherwise appropriated, or disposed of by law.' Accourenderedt to by [1039.] SEC. 17. Every Overseer of Highways shall, on or Overseer. before the second Saturday next preceding the time of holding the annual township meeting, render to the Commis sioners of Highways an account in writing, verified by his oath, to be administered by the Township Clerk, or some other per son competent to administer such oath, and containing: 1. The names of all. persons assessed to work on the high ways in his district; i 2. The names of all those who have actually worked on the highways, with the number of days they have so worked; 3. The names of all those against whom judgments have been recovered by virtue of this chapter, and the sums so recovered; 4. The names of all: those who have commuted, and the amounts paid by them, and the manner in which the moneys arising from judgments and commutations have been expended by him; 5. A list of all the non-resident lands in his district upon which the labor has been performed or commuted for.c2e b As Amended by Act of February 3,1857. See note to SectionI025. c See the Act of March 6, 1849, next following. 2eForm of annual account of Overseer of Highways. The annual account of A. B., Overseer of Highways for road district number in the Township of Allison and County of Lapeer, render to the Commissioners of Highways of said township; 1st. The names-of all persons assessed to work on the highways in said district are as follows: (here insert the names.) 2d. The names of all those who have actually worked on the Highways with the number of days they have so worked are as follows NO. OF DAYS WORKED. Oliver Owen, Alfred Gregory, 3d. The names of all those against whom judgments have been recovered by virtue of chapter 21 of the Compiled Statutes, and the sums so recovered are as follows: SUMS RECOVERED. $3.00 4.00 George Johnson, Andrew Fiddler, 4th. The names of all those who have commuted, and the amounts paid by them, and the manner in which the moneys arising from judgments and commutations have been expended by me are as.follows: NAMES OF PERSONS COMMUTING. John Winslow, I have received for amount of judgments and commutations as above set forth the sum of $, of which amount I have expended the sum of, in T owns7tip Law8 of Michigan. [DIV. XIII. 176 NAMES. 2 8 NAMES. AMOUNT. $2.25. DIV. xiu.] Highwa'ys. 177 [1040.] SEc. 18. Every such Overseer shall, immediately Overseersto I.pay over upon the rendering of such account, pay over to the Township Moneys collrct e d in their Treasurer all moneys collected by him for judgments and com- hands, etc. mutations, and remaining unexpended, to be applied by the Commissioners in the construction and improvement of roads and bridges in the road district of the Overseer who paid over the same. [1041.] SEc 19. If any Overseer shall neglect or refuse to When Town. ,hip Treasurer pay over any moneys remaining unexpended in his hands, as tohipuTforMo-er required by the preceding section, it shall be the duty of the neys, etc Township Treasurer forthwith to sue for the same in his name of office, in an action for money had and received to the use of such Treasurer, which moneys, when collected, shall be applied as provided in the preceding section. [1042.] SEc. 20.21 No money shall be drawn by the Commis- Highway Mo neys how sioners of Highways fi-om the Township Treasury, in payment drawn. of any labor, contract, or materials furnished, except by an order signed by a majority of them, and accompanied by their certificate that the labor has been actually performed, or the 1841,p.159,Se. 5 (here state how the money has been expended) and no moneys remain in my hands unexpended, (or the sum of $ — remains in my hands unexpended.) 5th. The following is a list of all the non-resident lands in my district upon which the labor'has been performed or commuted for. NAMES. DESCRIPTION OF LANDS. George Sands, N. E. 1-4 of S. E. 1-4 of Sec. 10. John Mfyers, N. 1-2 of N. W. 1-4 of Sec. 10. Dated this - day of A. D. 1-. JOHN.10NI,:S, Overseer. Subscribed and sworn to before me this - day of A. D. 18-. A. B. - Township Clerk. 2lForm of Order of Commissioners of Highwals on Townshi Treasurer. To the Township Treasurerof the Township of Blissfield. - ~ Pay to A. B., or to his order, - dollars min payment of amount in full (or in part as the case may be) for (here state whatfor and also out of whatfund payable.) Given under our hands this- day of - A.D. 1l. C. D., CC D,i G. H., Commissioners of Highways. Form of certificate to accompany foregoing order. We, the Commissioners of Highways of the township of, do hereby certify that the labor for which the amount of the accompanying warrant is' to apply in payment has been actually performed [or as the case may be.] Given under our hands this - day of A. D. 18-. C.D. E.F., G.H. Commissioners of ighways. N 177 DIV. xIml.] Highways. 178 Townsh' 1aw8 of Mica [DIV. XIIL contract fulfilled, or materials furnished, for which the amount of such warrant is to apply in payment. Letting of con- [1043.] SEc. 21. Whenever the Commissionersof Highways tracts for re - pairs, etc. shall determine to appropriate any portion over ten dollars of the moneys accruing to their township on account of non-resi dent highway taxes, in the repairing or construction of roads or bridges therein, they shall contract at public auction, with the lowest bidder giving good and sufficient security, for the per141, p.159, Sec. formance thereof; and not less than ten days' notice shall be given by said Commissioners, of the time and place of letting such contracts, by posting up such notice in at least three of the most public places in their township. 22 An Act to Amend Chapter Twenty-Four of the Revised Statutes of One Thousand Eight Hundred and Forty-Six. [Approved March 6, 1849. Laws of 1849, p. 61.] Commissioners [1044.] SECTION 1. Be it enacted by the Senate and House of Hlighways may administer of Representatives of the State of Michigan, That any Com certain oaths. missioner of Highways be, and is hereby authorized to admin ister the oath required by section seventeen of chapter twenty four of the Revised Statutes of one thousand eight hundred and forty-six. Where the plaintiff sued the defendant on the following instrument: "The Commissioners of Highways of the township of Rowland will pay the bearer twenty-two dollars when funds in road district number three and four. ALEXANDER PALMER, HENRY CORNWELL, Commissioners of Highways in said Township. ROWLAND, Feb. 22d, 1841." Held,-It was not a warrant or order upon the Township Treasurer under the Act Sess. L., 1841, p.159, Sec. 5; but a draft drawn by Commissioners upon themselves and that an action could not be sustained upon it against the ToWnship.-M,fonroe v. Township of Rowland, 1 Mich. 318. d As Amended by Act 206 of 1848, p. 313 Section 2. 22Form of Commissioner's notice of letting contract to build bridge. Public notice is hereby given that the undersigned Commissioners of Highways of the Township of Dover, in the County of Lenawee, will on the - day of A. D. 18-, at the hour of- o'clock, - 3., at-, let at public auction, to the lowest bidder giving good and sufficient security for the performance thereof, contracts for the construction of bridges in said township as follows: (here set forth the place where the bridge or bridges are to be constructed with the proper description thereof.) A. B., C. D., E. F., Comissioners of Highays. 178 Township Laws of Michigan. [DIV. XIIL xiv.] 179 DIVISION XIV. -OF LAYING OUT, ALTERING AND DISCONTIN- CoMP. L.1857. UING ~~~~~~PUBLIC ROADS..XXII., PING PUBLIC ROADS..p.-304. An Act to Repeal Chapter Twenty-five of the Revised Statutes of 1846; also, Act Eighty-Eight, entitled an Act to Amend Chapter Twenty-Five of the Revised Statutes of 1846, relative to 1848, p. 99. Laying Out, Altering and Discontinuing Highways, Approved March Eighteen, 1848; alsp, Act No. Seventy-Two, entitled, an Act to amiend Chapter Twenty-Five of the Revised St, 1848, p. 74. utes of 1846, Approved March Fifteen, 1848, and to Provide for Altering, Laying Out, and Dis continuing Highways. a [A4pproved February 17,1857. Laws of 1857, p. 413.] [1045.] SECTION 1. Yhe People of the State of Michigan enact, Applicatlonto That whenever any ten freeholders, or more persons in any township have Road laid y out, altered or liable to be assessed for highway labor, shall wish to have a highway discontinued. in such township laid out, altered or discontinued, they may, by writing, under their hands, make application to the Commissioners of 3 Mich. Rep. 121. Highways of the township for that purpose, who shall proceed to lay Laws of 1848, p. 99. out, alter or discontinue such highway as hereinafter directed: Provided, That no second application shall be made within twelve months for the same purpose. [ 1046.] SEC. 2. Whenever the Commissioners of Highways shall Survey of Road be applied to, as mentioned in the preceding section, to alter, lay out, andorder or discontinue any highway, they shall cause an accurate survey to be mnade of such road, and shall incorporate such survey in an order 3 Mich. Rep. 121. to be signed by them, and shall cause such order to be filed in the office of the Township Clerk, who shall note upon the order the time of filing the same. [1047.] SEC, 3. It shall be the duty of the Township Clerk, when- Copy of Order to ever an order of the Commissioners for altering, laying out or dis- e posted. continuing any road, shall be received by him, forthwith to post a copy of such order on the outer door of the house or building where the township meeting is usually held, or if there be no such building, then in three public places in the township. [1048.] SEC. 4. The Commissioners, or one of them, shall, within Application to Justice of the five days after recording the survey order. as provided in the preceding Peace for appoitn of ment of Jury. section, make application to a Justice of the Peace of the same, or an adjoining township, for the appointment of a jury of twelve freeholders of the county, to ascertain the necessity of altering or laying out such road, and to appraise the damage thereon, which application shall be in writing, and describe the premises through which it is proposed to alter or lay out such highway. [1049.] SEC. 5. Upon the receipt of such application, the Justice Justicertoappoint eiatime for hearing shall appoint a time and place for that purpose, and shall issue a cit application for tion or notice stating a time and place of meeting, which shall be Jury. a For prior Statutes on the same subject, see code of 1820, p. 102; Revision of 1827, p. 388; Revision of 1833, p. 102; Laws of 1837. p. 98; Revised Statutes of 1838, p. 120; Laws of 1839, p. 217; Revised Statutes of 1846, p. 133; Laws of 1848, pp. 49, 99; 1850, p.57. Note.-It would seem to have been the intention of the Legislature to entirely supersede the above Act by the Act following, approved Feb. 3,1858; but such does not appear to be the effect of that Act, and so much at least of the above Act as relates to the manner of laying out and estp lishing township roads, by Commissioners of Highways, within their respective townships, seesp to remain in force. DIV. xIV.] P ablic Roads. 179 l I served by the Highway Commissioners, on the owners or occupants of lands through which it is proposed to alter or lay out said road, at least ten days before such time, and in case any such land is unoccu pied, the notice may be served by posting up the same in three publio places in the township, ten days before the time of meeting. Mannierg P. [1050.] SEc, 6. If the Commissioners, or any one of them, and the ponting Jury. owners or occupants of such lands, or such as may be present, cannot agree upon any other mode of appointing such jurors, they shall be appointed in the following manner:. The Justice may make a list of twenty-four disinterested freeholders residing in the county, and each party may object to six on the list, and if either party fails to appear, or refuse to act, the Justice and the other party, or the Justice alone, may strike out the names of twelve, and the remaining twelve shall be the jurors elected, and the same Justice shall continue the hearing of the application for not less than fifteen, and not more than twenty days to a time and place certain. Warrant for sum- [1051.] SEC. 7. The Justice shall then annex to the application a moning Jury. moningJury warrant under his hand, returnable on said adjourned day, and issue the same, directed to any constable in the county, commanding him to summon the said jurors to be and ppear at his office on the said adjourned day, to serve as jurors, to ascertain the necessity of taking certain property for highway purposes, and to appraise the damages thereon, and if all the jurors shall not appear, the Justice may sum mon talismen to make a full jury. Jurorsntobe [1052.] SEC. 8. The jurors shall be sworn to ascertain the necessworn. sity of altering or laying out the highway described in the applica. tion, and to appraise the damage thereon, if any is claimed. They Duties of Jury. shall then proceed to view the premises described, and shall, within five days thereafter, make return to the said Justice, in writing, to be signed by them, of their doings, which shall state the necessity of altering or laying out such road, the amount of damages appraised, to whom payable, if known, and a statement of the time spent by them for that purpose, which return shall be certified by such Justice, and filed in the office of the Township Clprk. Compensation,of [1053.] SEC. 9. Such jurors shall be entitled to receive one dollar Jurors. per day, and fifty cents for each half day, and the Justice and conistable one dollar each for their fees, and the damages which shall be assessed by the jury as hereinbefore provided, upon altering or laying out Damages,charges, any highway, and all the lawful charges against the township for serheowconexcteedses; vices, fees and expenses consequent upon laying out or altering such how colected. - highway, shall be levied and collected in the township within which such highway is situated, and shall be paid upon the order of the Township Board, as other township charges, except as hereinafter pro vided. Proceedings in [1054.] SEc. 10. Whenever the Commissioners of Highways in case of disagree-.... ment between one township shall disagree with the Commissioners of an adjoining Commissioners of adoiningeTow-f township, whether in the same or another county,in anymatter relat-. adioining Town- me or an.rcunyi ,ships.ng to a highway on the line between the two townships, the Commis sioners of both townships, or a ajority of them, shall meet at the Town,q7tip Zaws of Xichigan. 180 [Div. xrv. DIV. xiv.] P&b1 request of the Commissioners of either township, and make their determination upon such subject of disagreement. [1055.] SEc. 11. Whenever it shall become necessary to have a Highways laid on the line between highway altered or laid out upon the line between two townships, Townships. application for that purpose may be made to the Commissioners of either township, who shall proceed to lay out or alter such road in the manner hereinbefore provided; but they shall cause the survey order to be filed in the office of the Township Clerk of each township; and the said Township Clerks are required to post up a copy of the same in their respective townships, as required by section three of this act. [1056.] SEc. 12. Upon altering or laying out a road on the line Application for ~~~~~ p ~~~~~~~~~appointment of betweenvwo townships, application may be made to a Justice of the Jury upon alter ing or laying out Peace of either township for the appointment of jurors, who shall be road on line be-t roa own twonTown drawn equally from each township, and shall appraise the amount of tweeSn two Town damage to be paid by each township, and the return of their doings Dutiesof Jury shall be certified by the Justice, and filed in the office of the Township Clerks of each township. [1057.] SEc. 13. The Commissioners of Highways of such adjoin- Apportionment iof Highway to be ing townships, upon altering or laying out a highway upon tile line made or repaired thereof. shall determine what part of such highway shall be made and byeachTownship repaired by each township, and each township shall have all the rights, and be subject to all the liabilities in relation to the part of such highway to be made and repaired by such township, as if the same was located wholly in such township. [ 1058.J SEC. 14. Public roads to be laid out according to the pro- Width of Roads. visions of this act. shall not be less than three rods wide, except in cities and villages where the Commissioners or other proper authorities may otherwise determine. [1059.] SEC. 15. Whenever Commissioners of Highways are ap- Notice of meeting of commissioners plied to, as provided in section one of tlhis act, to discontinue a road, to discontinue they shall give at least ten days' notice, in writing, to the owners or road. occupants of land through which such road runs, of the time when, and place where they will meet for that purpose; and in case such land, or any part is unoccupied, such notice may be given by posting up the same in three public places in the township. In case the Commissioners shall deem it advisable to discontinue such road, they shall make and sign an order to that effect, and cause the same to be filed in the office of the Township Clerk, from and after the time of filing which, such road shall cease to be a public highway. [1060.] SEC. 16. Any person or persons wishing to have a private Private Roads, nw elad out, road opened, shall cause an accurate survey to be made thereof, and filed in the office of the Township Clerk; application may then be made to a Justice of the Peace, as in case of public highway, for the appointment of jurors, who shall be appointed in the same manner, and all the subsequent proceedings shall be the same as in laying out public highways, except that the applicant or applicants shall act in the place of Highway Commissioners, and the amount of damages appraised in consequence of the opening thereof, together with the Pitbli,c Boa4. DIV. XIV.] 152 Towsk Laws of Mickiga. [DIV. XIV. expenses of all proceedings, shall be paid by the person or persons to be benefitted thereby, before said road shall be opened or used.b Damages and ex- [1061.] SEC. 17. Whenever a highway is altered or laid out in a penses *f laying 5~nvi lee out or altering city or village, and the damages therefor appraised, and the doings of Highway in cities a t or villages; how the jury filed in the office of the Township Clerk, as is required in collected.' section eight of this act, it shall be the duty of the Township Clerk to certify a copy of the same to the Supervisor of the township, who shall proceed to assess the amount thereof upon the taxable property of the township, and shall; on his warrant to the Township Treasurer, direct him to pay the amount so appraised to the order of the person or persons to whom the same is made payable in the return of the jury. Upon altering or [1062.] SEc. 18. Whenever a public highway shall have been allaying out Highway; Fenestotbe tered or laid out according to the provisions of this act, the Commisremoved. sioners of Highways shall give the owners or occupants of the land through which said road shall have been laid out or altered, notice thereof, in writing, requiring him or them to remove his or their fence or fences within such time as they shall deem reasonable, not less than sixty days after giving such notice, and in case such owner or occupant shall neglect or refuse to remove his fence or fences within' Dtites of Corn- the time specified in such notice, the said Commissioners shall have missioners upon neglect or refusal full power and authority, and it shall be their duty to enter with such to remove fences. aid and assistance as shall be deemed necessary upon the premises and remove such fence or fences, and open such highway without de lay, after the time specified in such notice shall have expired: Pro vided,. no person shall be required to remove his fence or fences be tween the first day of April and the first day of November. How damages [ 1 063 ] SEC. 19. If any discontinued l ighway shall be attached to estimated when discontiedhenued a tract of land through which a new highway shall be laid out, the highway attached s to land through same may be taken into consideration in estimating the damages which new high- sustained by the owners; and in estimating the damages which may ay l ai out. be sustained by any person owning or interested in said lands, by rea son of laying out or altering any highway, the benefit which such per. son shall receive thereby shall be taken into consideration What Hideghwayed [1064.] SEC. 20. That all highways heretofore regularly laid out to be deemed [16] inprunehgwystttshrtfr Public Roads. and established, in pursuance of existing laws or statutes heretofore passed by the Legislature, and approved by the Governor, are hereby declared to be legal highways. Commissioners of [1065.] SEC. 21. The Commissioners of Highways. or one of them, Highways may apply to Court of may, instead of making application for the appointment of jurors, as Record for appointment of iS provided in section four of this act, make application to any Court Commissioners. of Record for the appointment of three Commissioners, whose duty it shall be to ascertain the necessity of altering or laying out said road, and to appraise the damages thereon, if any is claimed; the How application application shall be in writing, and describe the premises proposed to made. be taken for such highway purposes, and notice thereof shall be given at least five days previous to making such application to the owners or occupants of the lands described in the application, and such no b See Chapter 27 and Note ca thereto. Towenship Law of'Michigan. [RDIV. XIV. 182 DIV. xiv.] Pul 183 tice may be served by the Highway Commissioners in the same manner as provided in section five of this act. [1066.] SEC. 22. The Commissioners so appointed shall be sworn Comwmissionersto to ascertain the necessity for altering or laying out the road described in the application, and justly and impartially to appraise the damages thereon, if any is claimed. They shall then proceed to Proceedings of view the premises, and shall, within'five days thereafter, make return ommissioers. of their doings, in writing, signed by them, to the Township or Village Clerk, or Recorder, which returns shall state if such road is altered or laid out. the necessity therefor, the amount of the damages appraised thereon, to whom payable, if known; and shall be filed in the oiffice of the Township or Village Clerk, or Recorder. The said Commis- Compensation of sioners shall be entitled to the same compensation as jurors are enti- Commissioners. tled to under the provisions of this act. The damages appraised by Damages, costs and expenses; said Commissioners, together with all the costs of the proceeding, how collected. shall be levied, collected, and paid in the manner prescribed by this act. [1067.] SEC. 23. All acts, or parts of acts, contravening the pro- Repeal of Contravisions of this act, are hereby repealed.ening Acts. This act shall take effect immediately. An Act to amend an act entitled "an act to repeal chapter (25) twenty-five of the Revised Stat- Laws 1858, p. 28. utes of (1846) eighteen hundred and forty-six; also, act (88) eighty-eight, entitled "an act to amend chapter (25) twenty-five of the Revised Statutes of (1846) eighteen hundred and forty-six, relative to laying out, altering, and discontinuing highways," approved March (18) eighteenth (1848) eighteen hundred and forty-ight, also act No. (72) seventy-two, entitled "an act to amend chapter (25) twenty-five of the Revise Statutes of (1846) eighteen hun dred and forty-ix, approved March (15) fifteenth, (1848) eighteen hundred and forty-eighlt, and to provide for altering, laying out, and discontinuing highways," approved February, (17)' seventeenth, (1857) eighteen hundred and fifty-seven. [Approved February 3,1858. Laws qf 1858, p. 28.] SECTION 1. The People of the State of Blichtigan enact, That an act entitled an act to repeal chapter (25) twenty-five of the revised statutes of (1846) eighteen hundred and forty-six; also, act (88) eighty-eight, entitled an act to amend chapter (25) twenty-five of the revised statutes of (1846) eighteen hundred and forty-six,relative to laying out, altering and discontinuing highways, approved March (18) eighteenth, (1848) eighteen hundred and forty-eight; also, act No. (72) seventy-two, entitled an act to amend chapter (25) twenty-five of the revised statutes of (1846) eighteen hundred and forty-six, approved March (15) fifteenth, (1848) eighteen hundred and forty-eight, and to provide for altering, laying out and discontinuing highways, approved February (17) seventeenth, (1857) eighteen hundred and fifty-seven, be so amended as to read as follows: "That whenever any (10) ten or more freeholders of any township Number of Freeshall wish to have a-highway in any part of such township, not inclu- tOoldearksneps(sary U-to make applided within the corporate limits of any city or village, altered, laid out cation. or discontinued, they may, by writing under their hands, make application to the Commissioners of Highways of the township for that purpose, who shall proceed to alter, lay out, or may discontinue such highway, as hereinafter directed: Provided, That no second application shall be made within (12) twelve months for the same purpose: Provided, That whenever the person or persons through whose land Application, to ~ ~~~~~~~~~whom made. DIV. xIv.] Pqublic Roads. 184 Towns of ckig. [sw. v. the proposed highway is to be altered or laid out, shall give his, her or their consent, in writing, according to the provisions of section (17) seventeen of this act, and release any claim for damages, the Corncowemsjsfners missioners of Highways shall have power to alter or lay out the pro comissioners' posed highway, without the intervention of a jury or Cotnmissioners appointed by a Court of Record, as hereinafter provided, and shall certify their action to the Township Clerk.23 23IForm of Application to Commissioners to lay out a Highway. To the Commissioners of Highways of the township of Brighton, and thecounty of Livingston. The undersigned fireeholders of said township of Brighton, wishing-to have a highway laid out in such township as hereinafter described, not included within the corporate limits of any city or village, do make application to you, said commissioners, for the purpose of having the same laid out, and do therefore respectfully ask that you will proceed to lay out a highway as follows: commencing, at &c., (here describe the route ofthe proposed highway; state the point of commencement, the general course, andpoint of termination.) Dated at this day of A.D. 18 (To be signed by ten freeholders.) NVote.-The foregoing form can be varied to suit the occasion of an application to alter or discontinue a highway. The second section of the eighteenth article of the constitution of 1850 provides: That when private property for the use or benefit of the public, the necessity for 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 residing in the vicinity of such property, or by not less than three (Commissioners appointed by a Court of Record, as shall be prescribed by law. It seems that no law was passed in relation to township roads after the adoption of the constitution, until February 17th, 1857, and the laws relating to township roads previously adopted being repugnant to the provisions of said section of the constitution, it appears that there was no law from 1851 to 1857 at least, authorizing the laying out of township roads. —People vs. Kimble, 4 Mich., 95. It is requisite to the valid laying out of a highway under the statute. that application therefor should be made, in writing, by ten ormore freeholders, and that notice of the proceedings be given to the persons interested in lands through which the road is to pass; a survey of such land should be made and incorporated in an order, to be signed by the Commissioners of Highways and filed in the office of the Township Clerk, who should note the time of fling. Where it was not shown that any of these requirements were complied with, and the road had never been opened or used, or regarded by the Commissioners as a highway, the Court refused a mandamus to the Township Board, to show cause why they should not pay the damages to a party through whose lands a highway was claimed to have been laid.-People vs. Towvnship Board f Scio, 3 Mich., 121. The Commissioners of Highways have no authority to proceed and lay out a highway, except upon the application of the requisite number of freeholders of the township, in writing, and an order made by them, establishing a highway without such application, would be void. —Harrington vs. People, 6 Barb., 607. It is no objiection, however, to an application, that more than the requisite number of persons have signed it, and where ten of the'number are freeholders and reside in the township, it will be no objection, because others whose names are upon the application, are not freeholders or do not reside in the township.-&e Carmel vs. Jues of Pu -nam, 7 Wend., 64. But in order to give the Commissioners of Highways Jurisdiction, it is necessary that the application should be signed by at least ten freeholders of the township, otherwise it would be utterly nugatory. It is not sufficient that in the body of the petition or application it isstated that the "undersigned are freeholders," &tc., but in order to render the application competent evidence in a proceeding where it is called in question, it must be affirmatively shown that the application is signed by ten freeholders of the township. The onus probandi is on the party who Seeks to avail himself of the application and the proceedings under it.- Williams vs. Homes, 2 Wis. R., 129. But it will not be necessary in the first instance to introduce title deeds or documentary evidence of the property qualification of the signers. Peacable possession under claim of title is prima facie evidence of seizure in fee, which will be proved by parol, and will be sufficient until the contrary appears.-Austin vs. Allen, 6 Wis. R. A highway must be laid out in conformity with the route described in the petition; otherwise, the doings of the Road Commissioners will be without authority and invalid-Cole vs. Town of Canaan, 9 Porter's R., 88. The applicants for a road designate the general course desired, the commissioners the particular route, and the latter may make such variations as they may think proper, provided the departure is not of such a character as to induce the court to suppose that these officers had wholly disregarded the preliminary proceedings of the application.-Hallock vs. Woolsey, 23 Wend. 328. Where Commissioners were appointed by an act of the. Legislature, to lay out a road on the most direct and eligible route, commencing at or near a certain village, anlid the road was laid out, commencing at a distance of sixty rods from the village, in a field where there was no road with which the new road could be connected, and the route, instead of being the most direct and eligible, was, as expressed by the court. strikingly injudicious; yet, notwithstanding these facts, the court awarded a peremptory mandamus to the Commissioners of Highways of the town, through which the road was laid, to proceed forthwith to open and work the road, as lald out by the State Commissioners.- People vs. Collins, 19 Wend., 56. 184 Township lawi of Xichigan. [DIV. XIV. DIV. xrv.] Plic ]?o- 185 SEC. 2. Whenever the Commissioners of Highways shall be applied Provision for a to as mentioned in the preceding section, to alter or lay out any highway, they, or one of them, shall, within (5) five days thereafter, make application to a Justice of the Peace of the same or adjoining township, for the appointment of a jury of (12) twelve freeholders of the county, to ascertain the necessity of taking the property described in such application, and to appraise the damage thereon, which application shall be in writing, and describe the premises through which it is proposed to alter or lay out such highwayV.24 SEC. 3. Upon the receipt of such application, the justice shall ap- Duty of Justice. point a time and place for that purpose, and shall issue a citation or notice stating the object, time and place of such meeting, which shall be served by the Highway Commissioners on the owner or occupants of lands through which it is proposed to alter or lay out such road, at least (10) ten days before such time; and in case any such land is unoccupied, the notice may be served by posting up the same in three It was held in this case that the court would not collaterally review the doings of the Commissioners, and hold as void the final determination made by them, in the exercise of their discretion or Judgment. That the proper way of taking advantage of an error of this kind would be by certiorari, or writ of error, if no other mode of appeal is given by statute. Hence, we see the necessity of setting forth in the application the points of commencement and termination of the road, with a degree of certainty that may show clearly the wishes of the applicants, and thereby avoid disputes that may thereafter arise. It has been held in New York that, where'an application is made to Commissioners of Highways for laying out a road, they may refuse to act, and should do so, unless, in their opinion, the application presented to them is regular and in accordance with the requirements of the law. If they err in their refusal to act, the reme&v by mandamus is at hand.-Warnick vs. Orange Co., 13 Wend., 432. In laying out highways, the Commissioners before whom the matter is brought, exercise a special and limited jurisdiction, and although it may be presumed till the contrary appear, that they have proceeded legally, yet their acts may be impeached, by showing that they exceeded their powers.-3 Hill, 458. The laying out,of highways upon inducements or considerations, other than the public good, is illegal. Thus, where a road was laid out by selectmen, both because they thought the public good required it, and because G. and F. stated to them that, if they would lay the road, the petitioners would make it without any expense to the town; both of which were taken into consideration by the selectmen in deciding to lay the road-hedt by the court, that a laying out upon such inducements would be clearly illegal. —Gurnsey vs. Edwards, 6 Porter R., 224. The laying out of highways partakes of the character of judicial proceedings. It is ajudicial act.-State vs. Richmond, 6 Porter, 232. The Commissioners of Highways have no Jurisdiction in the matter of laying out a highway, which is not to be wholly within their township, unless under some express provision of law.Gffin's Petition, 7 Foster, 343. A public highway may be created by a long use of land by the public for the purposes of a highway. But the way, to become public, must be used in such a manner as to show that the public accommodation requires the way, and that it is the intention of the owner of the land to dedicate it to the public for that purpose, and the travel should be confined to the same place.State vs. Ntudd, 3 Porter, 327. See Gardner vs. Tisdalte, 2 WYE. R., 153. 24Form of,Application of Commissioners to Justice of the Peace for Jury to appraise.Damage on Highway. To A. B., Esq., a Justice of the Peace of the Township of Armada, in the County of Macomb. The undersigned Commissioners of Highways of said township do hereby make application to you, the said Justice, for the appointment of a Jury of twelve freeholders of said county, to ascertain the necessity of taking the property required in laying out a highway described as follows: (Here describe the routde of the highway.) The premises through which it is proposed to lay out such highway, are described as follows: (Here describe the premises with reasonable certainty.) Dated at this day of —--- A. D. 18-. C.D., ~ E. F., G. H., Commissioners of ighiways. 0 DI rv. CRE Public Roa&. 185 186 TowA Laws of ickig LDIV xlv. public places in the township, (10) ten days before the time of meeting.25 SEc. 4. If the Commissioners, or any one of them, and the owners or occupants of such lands, or such as may be present, cannot agree upon any other mode of appointing such jurors, they shall be appoint ed in the following manner: Modae of appoint- The Justice may make a list of twenty-four disinterested freehold Ing Ju ers residing in the county, and each party may object to six on the list, and if either party fail to appear, or refuse to act, the justice and the other party, or the justice alone, may strike out the names of (12) twelve, and the remaining (12) twelve shall be the jurors selected, and the justice may continue the hearing of the application for not less than six, nor more than (12) twelve days. SEC. 5. The Justice shall then annex to the application a warrant under his hand, returnable on said adjourned day, and issue the same, directed to any constable of the county, commading him to summon the Said jurors to be and appear at the place appointed on the said adjourned day, to serve as jurors, to ascertain the necessity of taking certain property for highway purposes, and to appraise the damages thereon; and ifall the jurors shall not appear, the Justice shall cause a sufficient number of talismen to be summoned to make a full jury. And if said jury shall fail to agree and return a verdict to the parties (Justice) within the time provided by this act, they shall be, 25Form of Citation or Notice by Justice of time and place of meeting to seleo Jury to appraise damages on highways. To the persons whom it may concern. You are hereby notified, that application has been made to me, the undersigned, Justice of the Peace of the Township of Ash in the County of Monroe, for the appointment of a jury of twelve freeholders of said county to ascertain the necessity of taking the property required in laying out a highway described as follows: (Here describe the route of the highway.) The premises through which it is proposed to lay outsuch highway being-described as follows: (Here describe the premises as in the application.) And that a meeting will take place at - on the day of - A. D. 18-, at - o'clock-M., for the purpose of appointing such jury, when and where you are requested to attend. Given under my hand this -day of-A. D. 18-. Justice of the Peace. In laying out a highway, due and proper notice to parties interested is essential to the validity of the road.-Pritchard vs. Atkinson, 3 N. HL. Rep., 335. But want of proper notice to land owvners of the laying out of a highway, does not render the proceedings void, but voidable only; but cannot be avoided by those who have in any way waived their rights in the premises. The proceedings cannot be avoided by strangers. So held in New Hampshire.-State vs. Richmond, 6 Porter R., 232. But where the selectmen do not acquire jurisdiction to lay out a road, the proceedings are void, and must fail under all circumstances.-Gurnsey vs. Edwards, id., 229. It would seem, that where notice to occupants or land owners is not given in manner required.by law, but such occupants or land owners nevertheless have due notice from any other source of the hearing, &c., or do actually appear, it will be a waiver of the formal notice required by law; and the proceedings will be good us to them.-ilb., citing 6 Wend., 564, 565. When A., upon the laying out of a highway, was a petitioner for the road, and admitted notice of the hearing, and released the land damages to which he was entitled, and the road was illegally laid out by his inducements, held out by him, and by his approval,-h eld, that B. who subsequently acquired the title of A. to the premises over which the road was laid, could not take advantage of the illegality of the laying out, and maintain trespass for subverting the soil.-Gurnsey vs. Edwards, 6 Porter B., 224. The road was held legal as to A., and those claiming under him. When parties, entitled to notice of the time and place of meeting of road Commissioners, appear before them, and make no objection at the time to the notices or the service of them, such appearance is a waiver of all right to notice, and consequently, of the right to object to the form or sugiciency of til notices.-GuitfeOrd'a getto5 ar B, 124 [DIV. Xlv. lTowns~ip laws of Michigan. 186 D. xiv.] Pli ]?os, 18 by such Justice, discharged, and a new jury empanneled within (12) ProvisIon fornew twelve days, upon the same application and in the same manner and Jury. form as herein provided for empanneling a jury.26 SEC. 6. The jurors shall be sworn by such Justice, to ascertain the Duty of Jurors. necessity of taking the property described in the application, and justly and impartially to appraise the damage thereon, if any is claimed. They shall then proceed to view the premises described, and shall, within (5) five days thereafter, make return to the said Justice in writing, to be signed by them of their doings, which shall state, if such road'be altered or laid out, the necessity of taking the property described in such application, the amount of damages appraised, if any, to whom payable if known, and a statement of the time spent by them for that purpose, which return shall be certified by such Justice, and filed in the office of the Township Clerk.27 26Form of Warrant for Jury to appraise damages on laying out kighway. STATE OF MICHIGAN,? Montcalm County, 3 S To any Constable of said county, Greeting. In the name of th people of the State of Michigan, you are hereby commanded to summon (here insert the names of the persons appointed as jurors,) to be and appear at - on the - day of-A. D. 18-, at - o'clock -M., to serve as jurors to ascertain the necessity of taking certain proper ty for highway purposes, and to appraise the damages thereon; and hereof fail not Given under my hand this --- day of- a. D. 18-. A. B., Justice of the Peace. 27Form of Oath of Jurors to appraise damages on highways. You and each of you do solemnly swear, that you will ascertain the nrecessity of taking the property required in laying out a highway as follows: (here recite the description of the proposed highway,) and that you will justly and impartially appraise the damages thereon, if any is claimed. Form of Jury's Return in relation to appraising damages on highway, To A. B., Esq., Justice of the Peace. The undersigned, a jury of twelve freeholders of the county of, being appointed to ascertain the necessity of taking the property required in laying out a highway described as follows: (here describe the route of the highway,) being first duly swoin, did'proceed to view the premises through which such highway was proposed, and said highway being laid out, we do consider the taking the property described in the application for said jury to be necessary, and we have appraised the following amounts of damages, sustained by tfihe following individuals and payable to them, in consequence of the laying of such highway and the taking such property as follows, to wit: AMOUNT OF DAMAGES. TO WHOM PAYABLE. DESORIPTION OF PREMISES. $3()0 0( John Jones, N. E.. 4 of sec. 12. 0000 0 ames Jackson, S. E. M of N. E. ~4 of sec. 12. 150 00 Unknownl, N. E. ~4 of N. E. ~4 of sec. 12. The time spent by us for the purpose of viewing said premises and making such appraisal is days. Witness our hands this day of - a. D. 18-. (To be signed by the Jurors.) I hereby certify the foregoing return to be the same as returned to me by the said jury. Witness my h~lld this - da of A4 P. 1^C. D., of D., DiV. xIv.] Public Roads. 187 18 Town8p' Lw of [DIV. liv. Jurompensation ofd SEC. 7. Such jurors shallbe entitled to receive ($1) one dollar per Jurors, how paid. day, and (50) fifty cents for each half day, and the Justice and con stable each ($1) one dollar for their fees; and the damages which shall be assessed as hereinbefore provided, upon altering or laying out any highway, and all the lawful charges against the township for ser vices, fees and expenses consequent upon altering or laying out such highway, shall belevied and collected in the township within which such highway is situated, and shall be paid upon the order of the Township Board as other township charges, except as hereinafter provided.27a Action In cases SEC. 8. Whenever the Commissioners of Highways of one townComissionrse diseagree. ship shall disagree with the Commissioners of an adjoining township, whether in the same or another county, in any matter relating to a highway on the line between the two townships, the Commissioners of both townships, or a majority of them shall meet at the request of the Commissioners of either township, and make their determination upon such subject of disagreement. It is held in New Hampshire, that the doings of selectmen in laying out highways cannot be supported, unless it appear that due recompense was allowed to the owners of lands through which such highway was laid out, and that the owners had an opportunity to be heard upon the subject of damages.-Pitch7eard vs. Atkins, 3 N. H. Rep., 335. Where a highway is laid out along the line of a farm, taking no portion of the land of the owner, but subjecting him to the expense of maintaining the whole of a fence, the expense of the half of which only was formerly borne by him, such owner, under the law, is not entitled to compensation for damg es.-Peopte vs. Sups. Oneida Cb., 19 Wen., 120. It is held in Massachusetts, that where damages upon laying out a road have been assessed or awarded to an individual, the town would be liable for the amount thereof, although the road had been discontinued before payment and in fact never entered upon. That the owner had a vested right to such damages and was entitled to a writ of mandamuns to compel payment.'Harrington vs. Berkshire, 22 Pck., 263. Where a road was opened by order of the proper authority, according to law in every respect, except that no damages were assessed by the Jury to the owners of the land-held, that none but those owners could impeach the order for that cause.-Woolard vs. McCulluh, 1 Iredell R. A township is not liable for interest on damages appraised for laying out a highway.-People vs. Tbwnship Board qf.LaGrange, 2.Mc7h., 187. Form of Order of Commissioners of Highways, laying out a Road. Oakland County, Township of Pontitac. Application having been made to us, the undersigned Commissioners of Highways of said Township of Pontiac by ten freeholders of said township for a highway as hereinafter described, and a jury having been summoned and sworn according to law, to ascertain the necessity of taking the property required for said highway and to appraise the damages thereon, and said jury having declared the taking thereof necessary and appraised the damages thereon, we did on the - day of - A. D. 18- proceed and cause an accurate survey to be made of said highway which is as follows: (Here incorporate the survey.) It is therefore ordered and determined, and we do hereby order and determine, that a highway be and the same is hereby laid out and established according to said survey, — rods in width, and that the line of said survey be the centre of said highway. In witness whereof, we have hereunto set our hands this -day of A. 3), 1 — A. B., C. D., E. F., Commissioners of Highways. 27a Mere irregularities which would not render the proceedings absolutely void, questions involving the merits of the controversy before the Commissioners or Appraisers, and fraud or misconduct in the parties or officers, cannot be inquired into by the Township Board upon an application for an order on the Treasurer for the amount of damages assessedYeoP~/ vs. 2Tow asp Board o4f Overawe., 2 ic. 187. Townshi2p Laws of Xi^chigan. [DIV. X.V. 188 I)'v. xiv.] 189 SEC. 9. Whenever it shall become necessary to have a highway Proceedings as to "-..Jroads between altered or laid out upon the line between two townships, application two townships. for that purpose may be made to the Commissioners of either town ship, who shall proceed to lay out or alter such road in the manner provided by this act; but they shall cause the survey, or a copy thereof certified by them, to be filed in the office of the Township Clerk of each township. Upon proceeding to alter or lay out such road, application may be made to a Justice of the Peace of either township for the appointment of jurors who may be drawn equally from the townships on the line between which said road runs. The said jurors shall appraise the amount of damage to be paid by each township, and the return of their doings shall be certified by the Justice and filed in the office of the Township Clerk of each township. SEc. 10. The Commissioners of Highways of such adjoining town- Duties of ....... O - ~~~~~~~~~~~~~Commissioners. ships, upon altering or laying out a highway upon the line thereof,Cmmissners shall determine what part of such highway shall be made and repaired by each township, and each township shall have all the rights and be subject to all the liabilities in relation to the part of such highways to be made and repaired by such township as if the same was located wholly in such township. SEC. 11. Public roads to be laid out according to the provisions of Width of road. this act, shall not be less than (4) four rods wide, except in cities or villages, where the Commissioners or other proper authorities may otherwise determine. SEC. 12. Whenever Commissioners of Highways are applied to, as Length of notice. provided in section (1) one of this act, to discontinue a road, they shall give at least (10) ten days notice, in writing, to the owners or occupants of lands through which said road runs, of the time when and place where they will meet for that purpose; and in case such land or any part is unoccupied, such notice may be given by posting up the same in (3) three public places in the township.28 In case the Order fled with Commissioners shall deem it advisable to discontinue such road, they Township Clerk. shall make and sign an order to that effect, and cause the same to be filed in the office of the Township Clerk, from and after the time of filing which, such road shall cease to be a public highway, unless an appeal 28Form of Notice of Commissioners to owners or occupants of Zands, of meeting to discontinue a road. To Mr. A. B. You are hereby notified, that the undersigned Commissioners of Highways of the Township of- will meet on the - day of- - A. D. 18-, at -- o'clock -M., at -, for the purpose of considering and determining upon the question of discontinuing the highway described as follows: (here describe the road to be discontinued,) agreeably to an application duly made to said Commissioners for the discontinuance thereof. I)ated at, this - day of- - A.. 18-. C. D., E. F., G. IL, Oommni~s8aer# of Hi0k-a DIV. xIV.] Pitblo Roads. 189 190 Town8 W8 qf [')Iv. . shall be taken from the determination of said Commissioners as here inafter provided.29 Appointment of Aopmpissioien r SoCf 13.'The Commissioners of Highways, or (1) one of them,may, instead of making application for the appointment as (of) jurors, as provided in section (2) two of this act, make application to any court of record, for the appointment of (3) three Commissioners, whose duty it shall be to ascertain the necessity of taking the property described in such application, and to appraise the damage thereon, if any is oNotiegivent.~ claimed. The application shall be in writing, and describe the pre mises proposed to be taken for such highway purposes, and notice thereof shall be given, at least (5) five days previous to making such application, to the owners or occupants of lands described in the application, and such notice may be served by the Highway CommisCompensatton of sioners, in the same manner as provided in section (3) three of this the court. thcourt act, and such court shall be entitled to receive for'his services on each application for the appointment of Commissioners, as provided in this act, the sum of ($1) one dollar.30 Commthssonerd, SEC. 14. The C'ommissioners so appointed, shall bo sworn by one their duties and I.. compensation. of the Commissioners of Highways, to ascertain the necessity of taking the property described in the application, and justly and impar tially to appraise the damage thereon, if any is claimed. They shall then proceed to view the premises, and shall, within (5) five days thereafter, make return of their doings in writing, signed by them, to the Township Clerk, which return shall state if such road is altered or laid out, the necessity of taking the property described in such application, the amount of damage appraised thereon, to whom pay able, if known, and shall be filed in the office of the Township Clerk. The said Commissioners shall be entitled to the same compensation as jurors are, under the provisions of this act. The damages appraised by said Commissioners, together with all the costs of the proceeding, shall be levied, collected and paid in the manner prescribed in this act. 29Form of Order of Commissioners of Highways discontinuing a road. Oakland County, Township of Addison. I Appcation -having been -duly made to ns, Commissioners of Highways of said Township of Addison, by twelve freeholders of said township, for the discontinuance of the following highway: (here describe the highway,) and we having given ten days' notice to the owners and occupants of lands through which said road runs, of the time and place of our meeting to consider and determine upon the question of the discontinuance of the said road, and we having met accordingly, do order and determine that the said road be and the same is hereby discontinued. - Given under our lhands this day of - A.. 18-. A. B., 0. D., E. F., Commissioners of Highways. 0 The forms which have been given in case of application to a Justice of the Peace by Commiloaers of SIgwayg an be varied to suit tho occasion of an application to a Oourt of ecod. 190 Towns;h Law of -3ichigaon. [DIV. XA. DIV. XIV4 J)bli'o Po i1 SEc. 15. If any discontinued highway shall be attached to a tract Damages, &c. of land through which a new highway shall be laid out, the same may be taken into consideration, in estimating the damages sustained by the owners, and in estimating the damages which may be sustained by any person owning or interested in said lands, by reason of laying out or altering any highway, the benefit which such persons shall receive thereby, shall be taken into consideration. SEc. 16. All highways heretofore regularly laid out and established Existing high in pursuance of existing laws, or statutes heretofore passed by the Leg- ways legalized. islature and approved by the Governor, are hereby declared to be legal highways, and it shall be the duty of the Township Clerk to record, in a book to be kept by him for that purpose, all papers filed in his office, relating to the laying out, altering or discontinuing of roads, as provided in this act. SEc. 17. Whenever the owner or owners of lands shall give the'Lands given for highway pursame or any part thereof, to-the township for highway purposes, such poses. owner or owners shall make a statement in writing signed by him or them, to that effect, and cause the same to be filed in the office of the Township Clerk, of the township in which such ]ands are situated, and if a road shall be opened and worked thereon within the time limited by the (25) twenty-fifth section of this act, for opening and working highways, the person or persons signing such statement, or any one claiming under him or them, shall be precluded from having any action to recover possession of such land, or any compensation therefor, so long as the same shall be used for such highway purposes.31 SEc. 18. Any person who shall conceive himself aggrieved by Grievances,how .. A I..,* am~~~~~~~~~~i. ~redressed. any determination of the Commissioners of Highways of any town-redressed ship, in discontinuing or refusing to discontinue any road, may, within 31Form of Release of Damages by owner of lands. Know all men by those presents, that I, A. B., of the Township of Chester in the County of Ottawa, for and in consideration of one dollar to me in hand paid, do hereby give my consent to the laying out of a highway as follows: (here describe the highway) over my premises described as follows: (here describe the premises) in manner following: (here state the manner in which the road is to rusn, if it is desired to res'rict tie location,) and in consideration of the sum aforesaid, the receipt whereof is hereby acknowledged, I do hereby release to said township all claim for damages in consequence of the laying out of such road upon such premises. Witness my hand and seal, this- day of - A. D. 18-. A. B. [S.AL.] The owner of the soil over which a highway is laid, retains all his rights not incompatible with the public right of way, and may maintain trespass for cutting timber therein.-Babcock vs. Lamb 1 Cow., 238. 'rhe grant or laying out of a highway gives only a right of way to the public; the fee or right of soil remains in the original owner, and an action of trespass will lie for any exclusive appropriation of the soil.-3 Hill, 567; 12 Wen., 98; 14 Johns., 483; 2 Johns., 357; 15 Johns., 447. As a public highway is ar mere easement, and the seizin and right to conveystill continue in the owner of the land over which it is laid out, it is no breach of the covenant of seizin and power to convey contained in the deed, that part of the land conveyed was a highway and used as such. Whitbeck vs. Cook, 15 Johns., 483. Held otherwise in New Hampshire. See Pritchardvs. Atkinson, 3 N. H. Rep., 335. It seems that the title to the land over which a turnpike road passes, is vested in the company solely for the purpose of a road, and that when the road is abandoned, the land reverts to the original owner.-12 Wen., 371. The right of way, public or private, is but an incorporeal hereditament, an easement which per se does not divest the owner of the fee of the land. The soil is nevertheless the owner's, and he is entitled to the same remedies for an injury to his residuary interest, that he would be entitled to if it was entire and absolute.-Gdn,y vs. Earl, 1 Won., 98 AcIV. XI.] Public Roads. 1191 TownshAp Laqws of MicAig.an. (10) ten days after such determination, appeal to the Township Board of such township, but an appeal by one person shall not conclude nor affect the rights of any other person, who shall appeal within the time limited; and the said Township Board shall suspend all proceedings upon appeals received by them, from any such determination, until the time limited for such appeals shall have expired, to the end that their decision, when made, may embrace the whole subject. Appeals,towhom SEC. 19. In case of an appeal from a determination of the Cornmade. ~made. isibners of Highways of adjoining townships in the same county, or in different counties, relating to a road upon the line of such township, such appeal may be made to the Township Boards of the said adjoining townships, who shall act jointly in deciding upon the determinations Proviso. of the said Commissioners: Provided, That any Commissioner who may be a member of the Township Board shall not act on such appeal. How made. Sec. 20. Every appeal from a determination of Commissioners of Highways shall be in writing, addressed to the Township Board or boards, as the case may be, and signed by the party appealing, and shall briefly state the grounds upon which it is made. and whether it is brought to reverse entirely the determination of the Commission ers, or only to reverse a part thereof, and in the latter case it shall specify what part.32 PutyofTownship SEc. 21 It shall be the duty of the Township Boards, to whom the Boards. appeal is made, as soon as may be after the time limited for taking such appeals shall have expired, to give notice to the appellant, and to one or more of the Commissioners from whose determination such appeal was taken, of the time when they will proceed to view the premises and hear the appeal.33 32Form of Appeal from determination of Commissioners in discontinuing or re fusing to discontinue any road. To the Township Board of the Township of Ridyeport in the County of Sayinaw. The undersigned, feeling himrnself aggrieved by the determination of the Commissioners of Highways of said township of - in discontinuing (or refusing to discontinue, as the case may be,) the following described road: (here describe the road,) does hereby appeal to you from the determination of said Commissioners, and asks that you will proceed to consider the same according to the statute in such cases made and provided. The grounds upon which the appeal is made, are: (here briefly state the grounds,) and said appeal is brought to reverse entirely the determination of said Commissioners, (or as the case mnay be.) Dated this - day of- A. D). 18-. A. B. 83Form of Notice to Appellant by Township Board in case of road appeal. To Mr. A. B. Si:-You are hereby notified, that the undersigned Township Board of the Township of Berlin in the county of St. Clair, will on the - day of - A. D. 18-, at - o'clock -M., proceed to view the premises and hear the matter of your appeal from the determination of the Commissioners of Highways of said township in discontinuing the following highway: (here describe the hiohway. ) Dated this- day of-. 1). 18-.C. D., C, D.~ E. F., G. H., J. I., Township Board. 192 [Drv,. xiv. Div. xiv.] Pl 193 Sec. 22. Every such notice shall be in writing and served at least Ibid. (4) four days before the time mentioned therein, by delivering a copy of the same to the appellant and to one of such Commissioners, or by leaving a copy thereof at the dwelling house of such appellant and Commissioner. SEc. 23. The said Township Board or boards shall proceed at the Ibd. time specified in the notice, to view the premises and to hear the proofs and allegations of the parties, and may adjourn from time to time as may be necessary, and their decision shall be conclusive in the premises, and every such decision shall be reduced to writing, be signed by the Township Board or boards making the same, and filed by them in the office of the clerk of the proper township, who shall file the same, and give notice thereof to the Commissioner of Highways, but nothing herein contained shall be construed to prevent a new application under the provisions of this act.34 SEc. 24. Whenever a highway shall be altered or laid out and the Survey may be same does not run upon a section line, the Commissioners of High-made ways shall, if they shall deem the same necessary, cause an accurate Form of Notice by Township Board to Commissioner of Highway in case of road appeal. To Mr. A. B., Commissioner of Highways of the Township of Constantine in the County of St. Joseph. You are hereby notified, that an appeal having been taken by A. B. to the undersigned Township Board of said township, from the determination of the Commissioners of Highways of said township in discontinuing the following highway: (here describe the highway,) the said Township Board will on the day of - A. D. 18-, at -o'clock -M. proceed to view the premises and hear said appeal. Dated this day of A. ). 18-. C. D., :E. F., G. H., L J., Township Board. The attendance of the Commissioners of Highways without notice will be a waiver of notice -20 Wen., 186. Where Commissioners of Highways have acted upon a petition and treated it as valid, they cannot afterwards, in any proceeding in which they may be concerned, deny its sufficiency.. —ee Carmnel vs. Judges f tnam, I Wen., 264. 3&Form of Decision by Township Board in case of road appeal. Whereas, an appeal having been taken to the undersigned Township Board of the Township of Antrim in the County of Shiawassee, by A. B. from the determination of the Commissioners of Highways of said township in discontinuing the following ]tighway: (here describe the highway,) and said Township Board, having given notice to said appellant and to one of said Commissioners of Highways of the time when they would proceed to view the premises and hear said appeal; and said Board, having at such time met and proceeded according, do consider and decide that the determination of said Commissioners in discontinuing said highway was erroneous, and that the same should continue hereafter to be a highway. Given under our hands this - day of A. D. 18-. A. B., C. D., E. F., G. H., -owmhip Board P DIV. XIV.] P-abtz I?oaA,. 193 194 Town8~~~~~~p Laws of ~~~~~~ic~~~ig~~~ [DIV. XIV.~~~~~ survey to be made of the line of said road, and shall file the minutes of Such survey in the office of the Township Clerk of the township in Line of survey, which such road is situated: Provided, That in all cases where the prehow construed. mises taken for a highway are required to be set out or described, the said premises or the said highway shall be construed to be the parcel of land not less than (2) two rods wide on each side of the line of survey, and shall be sufficiently set forth and described for all the Commissionersto purposes of this act by setting forth the line of survey. - give sixty days' SEC. 25. Whenever a public highway shall have been laid out and noti ce t o owners established, or altered through any enclosed or improved land, and the tremefncesascertained damages for such highway shall have been paid or ten dered to the owner or occupant, or an order on the treasurer of the proper township for the amount of such damages, shall have been executed and delivered, or tendered to such owner or occupant by said commissioners, said Commissioners of Highways shall then give the owner or occupant of the land through which said road shall have been laid out or altered, notice thereof, and require him to remove his fence or fences, within such time as they shall deem reasonable, not less than (60) sixty days after giving such notice, and in case such owner or occupant shall neglect or refuse to remove his fence or fences, within the time specified in such notice, the said commissioners shall Duties in case of have full power and authority, and it shall be their duty to enter with refusal. such aid and assistance as shall be necessary upon the premises and remove such fence or fences, and open such highway without delay, rroviso. after the titme specified in such notice shall have expired: Provided, No person shall be required to remove his fence or fences, between the (lst) first day of April and the (lst) first day of November.? 35Form of Notice for the Removal of Fences. To Mr. A. 13. Sip.-You will take notice that the Commissioners of Highways of the Township of Antwerp in the County of Van Buren, having laid out and established a public highway through certain lands owned by (or occupied by) you desretibed as follows: (here describe the land with reasonable certainty,) and the ascertained damages for such highway having been paid, (or tendered, or as the case may be,) you are, therefore, hereby required to remove your fences from within the bounds of said highway within sixty days after the service of this notice. Dated this day of - A. D. 18-. A. 1., C. D., E. F., Comnmissioners of Highways. Note.-This notice should be served by leaving a copy with the owner or occupant, and Should be served by or in the presence of some indifferent person, having no interest in the mtter; and a true copy should in all cases be retained by the Commissioners of Highways, as actual notice must be proved, should it ever be questioned, and will not be presumed. The presumption, which is sometimes indulged in favor of public officers, does not extend to such a case-Case vs. Thompson, 6 Wen., 634. If fences are removed without giving sixty days' notice, all persons concerned therein are trespassers.-Kelly vs. Horton, 2 Cmn., 424. Where Commissioners of Highways had laid out a road in pursuance of law, btt neglected to file their proceedings, and a mandamus directed to their successors, commanding them to open it, by mistake misdescribed the road; on application for a rule requiring the defendants to furnish the original application, and that the mandamus be amended thereby, it appeared that the paper sought for had remained in the hands of H., a former Commissioner, and was beyond the control of the defendants. Motion, therefore, denied as to the defendants. But a rule was made upon H., that he filea paper with the Clerk of the town, &c., or show Just cause why he should not do go 194: Township laws of -MicAigan. [Drv. xiv. DIV. XIV. PZie 195 SEC. 26. Every public highway already laid out, no part of which Limitation. shall have been opened and worked within (4) four years from the time of its being so laid out, and every such highway hereafter to be laid out, no part of which shall be opened and worked within the like period, shall cease to be a road for any purpose whatever. SEc. 27. All public highways now in use, heretofore laid out, and Public highways allowed by any law of this State, or of the late Territory of Michi-legalzed gan, of which a record shall have been made in the office of the clerk of the county or township, and all roads not recorded, which have been used ( 10) ten years or more, and all roads which shall be hereafter laid out and not recorded, and which shall be used (10) ten years or more, shall be deemed public highways, but may be altered or discontinued according to the provisions of this act. SEc. 28. In cities and villages application may be made by (10) tio wers of corpior ations3 in relation ten freeholders, as provided in section (1) one of this act, to the to highways. corporate authorities of such city or village, as (and) the corporate authorities of such city or village shall have power, upon such application, to lay out and establish, open, alter or discontinue such streets, commons, lanes, alleys, sidewalks, highways, water-courses and bridges, as may be necessary for the public convenience. SEC. 29. In case the corporate authorities of any city or village, Ibtd. should require the lands of any person for such purposes, such corporate authorities may cause notice to be given to the owner or party interested, his, her, or their agent or attorney, either by personal service, or by written or printed notice, posted up in at least (3) three public places in said city or village (3) three weeks next preceding the meeting of the corporate authorities for the purpose aforesaid, anti the said corporate authorities of such city or village, are hereby authorized to contract for and purchase such lands for the purposes aforesaid. SEC. 30. In case the owner or owners of such lands, shall refuse to Provision for calli ng a Jury. sell the same for the purpose aforesaid, or if the parties fail to agree, where the Commissioners of Highways refuse to open a road laid out, a mandamus lies to compel them to do so, which writ neel nQt in the first instance be directed to the Commissioners by their individual names. It is only in case of disobedience to the writ, that they are to be proceeded against personally.-People vs. Champion, 16 Johns., 61. A mandamus to Commissioners of Highways to open and work a road will be granted without regard to the near approach of the expiration of their offices; when the term of offce expires, their successors must obey the command of the writ.-People vs. Collins, 19 Wen., 56. Where a road-is used and traveled by the public as a highway, and is recognized and kept in repair as such, by the authority whose duty it is by law to open and repair public roads, proof of thece facts furnishes a legal presumption, liable to be rebutted, that such road is a public highway.-Eyman vs. People, 1 Gil.; Nealy vs. BrEwcr, ib. 10. Parol evidence is admissible to show where a road is located. Although there should be sonie uncertainty as to the precise location of the road, yet if the evidence be such as to convince the Jury as to its location, it is sufficient for them to act upon.-Nealy vs. People, 1 Gilm.. 10. The laying out of a road over the land of a person by the Compissioners of Highways is not taking or appropriating it to the public use. The land over which a highway is laid out cannot be said to be taken for public use, until it is opened by order of the Commissioners of Highways. A majority of the Board of Commissioners of Highways may order a road opened, but one Commissiotner cannot sign the name of another 1o such order without his immediate assent'and directioh.-The St,te ex rel. Evans vs. James, 4 Wis. R., 408. An appeal suspends the powers of the Commissioners of Highways, and until their acts are affirmed by a decision, they cannot open the road. If they do so, they are trespassers -Clark vsa. Phelps, Cow., 190. It seems that a road passing through unimproved and unenclosed lands is considered in contemplation of law opened, when established. —erris vs. Ward. 4 Gil., 499. If, on an order being made discontinuing a highway a fence be built across it, an appeal subsequently lbrought will not have the efect of rendering the fence e puplUc nuiDne. Dra p. .oger", 3 Bill, 604. Div. xrv.) Public Roacl3. 195 196 Towm8h Lw8 of Afickig. xlv. it shall and may be lawful for the corporate authorities of such city or village, to cause the Clerk or Recorder of the same, to issue a venire facias, directed to the Marshal, or other proper officer of such city or village, directing him to summon and return a jury of (12) twelve freeholders to appear before such Clerk or Recorder, at a time to be therein stated, to inquire into the necessity of taking said lands or premises, and the just compensation therefor to the owners of, or to those interested in said lands and premises, which jury shall be duly sworn by such Clerk or Recorder, faithfully and impartially to inquire into the necessity of taking such lands or premises, and the just com pensation to be made therefor. Duties of Jury. SEC. 31. The said jury shall then proceed to view the lands and premises proposed to be taken for such public use, and if they shall deem it necessary for such city or village to take such lands or prem ises for the public use, shall inquire and assess such damage and rec ompense as they think proper to award to the owner or owners of such lands and premises, according to their respective estates and interests therein, and the said Clerk or Recorder shall, upon the return of such assessment or verdict, report the same to the corporate authorities of such city or village, at their next meeting, and the said corporate au thorities may thereupon enter an order confirming the same, or miay refuse to confirm the same, and order another jury to be summoned in the manner aforesaid; and such second jury when summoned and sworn as aforesaid, shall proceed to inquire into the necessity of tak ing such lands and premises for the public use, and assess such dam ages as aforesaid. Non-attendance SEC. 32. If one or more of such jurors shall fail to attend at the of Jurors. of Jurors. time and place mentioned in the venire facias, the Justice, Clerk or Recorder before whom such jury were summoned to appear, shall order the Constable, Marshal or person summoning such jury; forth with to summon a sufficient number of talismen to make up said jury. Damages,&c., SEc. 33. The damage or compensation so assessed by said jury, tohowpaid. -gether with the costs and expenses of such proceedings, shall be as sessed, levied and collected upon the property of such city or village in the same manner as other taxes or moneys are levied; such dam age and recompense shall be paid or tendered to the claimant or per son entitled thereto, before such street, common, lane, alley Qr high way shall be opened, established or altered; when the damage afore said shall have been paid or tendered to the person or persons enti tled thereto, it shall be lawful for the corporate authorities of such city or village to cause the said lands and premises to be used and oc cupied for the purposes aforesaid. Appointment of SEC. 34. The Clerk or Recorder aforesaid may, instead of procuring reommissioners provided for. the summoning of a jury as hereinbefore provided, make an applica tion to a court of record for the appointment of (3) three Commission ers, whose duty it shall be to ascertain and determine the necessity of taking the property described in such application, and to appraise the damage thereon, if any is claimed; such application shall be in writ 196 Town,qhip Lawq of Xichigan. [DIV. XIV. DIV- xrv.] 197 ing, and describe the premises proposed to be taken for such purpose, and notice thereof shall be given at least (5) five days previous to the time of making such application. to what court such application will be made, and the time of making the same, to the owner or occupant of the lands described in the application, his, her or their agent or attorney, and such notice may be given by the Commissioner of Highways, Clerk or Recorder, as the case may be, in the manner provided in section (4) four of this act. SEC. 35. The Commissioners so appointed shall, before they pro- Thetr powers and ceed to the performance of their duties prescribed in the precedingduties section, be sworn to ascertain and determine the necessity for taking the property described in the application, and justly and impartially to appraise the damage thereon, if any is claimed; such Commissioners shall then proceed to view the premises proposed to be taken for such public use, and shall within (5) five days thereafter, make return of their doings in writing, signed by them, to the township, city or village Clerk or Recorder, which return shall state if such highway, street, common, lane or alley is laid out or altered,the necessity therefor, the amount of damage appraised and to whom payable, if known, and shall be filed in the office of the township, city or village Clerk or Recorder. The Commissioners so appointed shall be entitled to receive the same compensation as jurors are entitled to under the provisions of this act. SEc. 36. Jurors who have been regularly summoned under the Penaltyforne glect to act as provisions of this act, who shall, without good cause shown therefor, Jurors. neglect or refuse to appear and act in pursuance to said summons, shall forfeit the sum of (5) five dollars, to be recovered by action, as other forfeitures to townships. SEc. 37. The Commissioners of Highways of the several townships rxpenses, &c., may cause a statement to be presented at the annual township meet- provided for. ing, of the improvements necessary to be made in the roads and bridges in such townships for the ensuing year, and an estimate of the probable expense thereof, beyond what the labor to be assessed for that year will accomplish; and such meeting may vote for the raising of a sum not exceeding (2) one-half of (1) one per cent. upon the aggregate valuation of the property in the township, according to the assessment roll of the preceding year, and the sum so voted shall be levied and collected in the same manner as other township expenses.s6 36Statement of Commissioners of Highways, to be presented at Annal Township Meeting. The annual statement of Commissioners of Highways concerning improvements in roads and bridges in the Township of Augusta, shows as follows: That the improvements necessary to be made in the roads and bridges in such township for the ensuing year are as follows: (here set forth what improvements are necessary,) and it is estimated that the probable expense thereof, beyond what the labor to be assessed for that year will accomplish, will be - dollars. Dated this day of -. I). 1~.A. B.. . B-., a. D.; E. F., Commissioners of Hightdays. DIV~. XV.] Pitblic Roads. 197 198 Town8ILip Lw8 of Mekiga. [DIV. XIV. Acts repealed. SEC. 38. Chapter (25) twenty-five ofthe Renised Statutes of(1 846) eighteen hundred and forty-six, also act (88) eighty-eight, entitled an act to amend chapter (25) twenty-five of the Revised Statutes of (1846) eighteen hundred and forty-six, relative to laying out, altering and discontinuing highways, approved March (18) eighteenth, (1848) eighteen hundred and forty-eight; also, act (72) seventy-two, entitled an act to repeal (amend) chapter (25) twenty-fi;e of the Revised Stat utes of (1846) eighteen hundred and forty-six, approved MAlarch (15) fifteenth, (1848) eighteen hundred and forty-eight, be and the same are hereby repealed, and all acts and parts of acts inconsistent with the provisions of this act, except acts of incorporation of cities and villages, are hereby repealed. This act is ordered to take immediate effect. An Act to Provide for Laying Out and Establishing all State and Territorial Roads heretofore Laid Out, or to be hereafter Located within this State. d [Approved May 16, 1846. Took effect June 15,1846. Laws of 1846, p. 240.] Powers of Board of SupervisBors [1081.] SECTION 1. Be it enacted by the Senate and House of with respect to State roads. to epresentatives of the State of Michigan, That the Board of Super visors of the several counties within this State are hereby authorized and empowered to cause to be laid out, established, altered, discon tinued, or opened, all State and Territorial Roads heretofore, or now laid out, or hereafter to be laid through or within their respective counties, whenever they may deem it for the interest of the public. When Commis-18..te or fo n sioners of High- [1082.] SEc. 2. Whenever the Board of Supervisors of any county ways to cause are petitioned to by at least twelve freeholders of each of the townS tate Roads to be,n surveyed and lo-ships through which any such road or roads may pass, they shall, upon cated; proceed-'Pon lngs of Super- such petition, authorize the Commissioners of Highways of such visors thereon. townships to cause the line of said road or roads within their respect ive townships to be surveyed and located therein, and such Commis sioners shall report such survey and location to the Board of Super visors of their county, and upon examination of said survey and re port, said board may declare such road or roads duly laid out, estab lished, discontinued, opened or altered, as the case may be: Provi. ded, That said board shall deem the laying out, establishing, altering, discontinuing, or opening said road or roads for the interest of the public.37 (d) For general provisions respecting Territorial Roads, see Revision of 1827, p. 402; Laws of 1830, p. 7; Revision of 1833, pp. 173, 174; Laws of 1834, pp. 91, 92. 37Form of Commissioners' Report to Board of Supervisors of Survey of State Road. To the Board of Supervisors of the County of Washtenaw. The undersigned Commissioners of Highways of the Township of Bridgewater, having been authorized by your Board to cause the line of a State road within said township, to be surveyed and located therein, in connection with the line of said road to be surveyed and located in the Townships of Saline and Bridgewater, by the Commissioners of Highways thereof, beg leave to report the following survey and location of said road (here insert the survey and locatron.) All of which is respectfully submitted. Dated his - ay of A. 1) 15-.A. B., .A. B., C. D., E. F., Commissioners of Highways. Township Laws of Mchigan. [DIV. XI. 198 DYV. XIV.] J)ui 199 [1083.] SEC. 3. Whenever said road or roads shall be surveyed,To~bewnfhipclerd 1flQQ1 SEC. 3. i~~~~~~~sienever sa ~~~to he furnished laid out, altered, or established, under the provisions of this act, itwith minutes. shall be the duty of the Board of Supervisors to whom such petition and report may have been made as aforesaid, to notify and require the Commissioners of Highways of the several townships through which said road or roads may pass, to furnish the several Township Clerks of such townships the minutes of all surveys within their respective townships, and the same shall be recorded by said Clerks in the same manner that township roads are recorded. [1084.] SEC. 4. Any person feeling himself aggrieved by the lay-H~Hw appointed . and ~~~~~~~obtained. ing out, altering, discontinuing, or opening of any road or roads, may have his damages appraised, and obtain the same in the same manner and under the restrictions made and provided relative to township roads. 1085.J SEC. 5. In laying out, discontinuing, establishing, altering Counties to abe or opening any road, under the provisions of this act, tile countiesand expenses. through which said road or roads may pass, shall be liable for all damages or expenses incurred, in the same manner as is provided for laying out township roads. 199 DIV. xiv.] Pg,blic Roads. 200 TownsAp Lw8 of [[) xv. COMP L. 1857, DIVISION XV.-OF THE OBSTRIUCTION OF HIGHWAYS ENCROACHChap. XXII., p. 366. MENTS THEIEREON, AND PENALTIES. Chapter Twenty-Six of Revised Statutes of 1846. Penalty for obstructyfg high- [1086.] SECTION 1. Whoever shall willfully obstructany highway WAYF,,. 4 or navigable river, or fill up, or place any obstruction in any ditch, constructed for draining the water from any highway, shall forfeit for every such offence a sum not exceeding twenty-five dollars. on highways. [1087.] SEC. 2. In every case where a highway shall have been laid out and opened, and the same has been, or shall be encroached upon by fences, the Commissioners of Highways shall make an order under their hands, requiring the occupant of the land through, or by which such highway runs, and of which such fences form a part of the enclosure, to remove such fences beyond the limits of such highway within sixty days, and they shall cause a copy of such order to be served upon such occupant; and every such order shall specify the width of the road, the extent of the encroachment, and the place or places in which the same shall be, with reasonable certainty38 Forfeiture for not [1088.] SEC. 3. If such encroachment shall not be removed withremoving en- [08]SC.i croachments. in sixty days after service of a copy of such order, such occupant shall forfeit the sum of fifty cents for every day after the expiration of that time, during which such fence shall continue unremoved. Proceedingsin [1089.] SEC. 4 If the occupant upon whom a copy of such order case encroach- [09]SC.I h cuatuo hmacp fsc re mentbe denied. shall be served, shall deny such encroachment, the Commissioners, or some one of them, shall apply to some Justice of the Peace of the 38Form of Order of Commissioners for removal of obstruction in case of encroachment. Wayne County,? Township of Canton, s We, the undersigned Commissioners of Highways of the Township of Canton in the County of Wayne, having ascertained that the public highway in said township leading from (here describe the hiyhway,) is encroached upon the side thereof, along the lands in the occupation of C. D., by a rail fence erected by the present or some former occupant thereof, which forms apart of the enclosure of said land; and having ascertained the easterly bounds and limits thereof to be upon anad according to the following line, to wit., &c., (here insert the survey,) and that all that narrow strip or piece of land which lies under said rail fence, (or under said rail fence and between the said rail fence and the line above described, as the fact may be,) is a part of the public highway aforesaid; it is therefore ordered by the undersigned Commissioners of Highways of said township, that the said rail fence be removed, so that the said highway be open and unobstructed, and of the breadth originally intended, which was - rods, within sixty days from the date of the service of this order. Given under our hands at this - day of - A. D. 18-. A. B., C. D., E. F., Commissioner of Highways. 200 Township Laws of Xchigan. [DIv. XV. ,~ ~~~Osco off~a. ~o county for a precept which shall be issued by such Justice, directed to any Constable of the county, commanding him to summon six disinterested freeholders thereof, to meet at a certain day and place, and not less than four days after the issuing thereof, to inquire into the premises; and the Constable to whom such precept shall be directed shall give at least three days' notice to one of the Commissioners of Highways of the township, and to the occupant of the land, of the timne and place at which such freeholders are to meet.39 [1090.1 SEC. 5. On the day specified in the precept, the jury SO Ibtd. summoned shall be sworn by such Justice, well and truly to inquire whether any such encroachment has been made as described in the order of the Commissioners, and by whom; and the witnesses produced by either party shall be sworn by the Justice, and the jury shall hear the proofs and allegations which may be produced and submitted to them; and in case any person so summoned as a juror. shall not appear, or shall be incompetent, his place may be supplied by a talesman as in other cases.40 [1091.] SEC. 6. If the jury find that any such encroachment has Ibid. been made by the occupant of the land, or any former occupant there. of, they shall make and subscribe a certificate in writing of the particulars of such encroachment, and by whom made, which shall be filed in the office of the Township Clerk; and the occupant of the land, whether such encroachment shall have been made by him, or by any former occupant, shall remove his fences within thirty days after the filing of such certificate, under the penalty of fifty cents for each 39Form of Prerept to summon Freeholders in case of an Encroachment. Allean~ County, Township of Cas8o. 1 To any Constable of said county, Greeting: In the name of the People of the State of Michigan, you are hereby commanded to summon six disinterested freeholders of the said county of Allegan, to meet at the house of 0. P. in said township on the - day of - instant, at o'clock -M., to inquire whether any encroachment has been made, and by whom, on the highway running by (or through) the land now occupied by C. D. in said township, and to give at least three days' notice to one of the Commissioners of Highways of said township and to said 0. D. of the time and place at which the said freeholders are to meet, and have you then and there the names of the freeholders summoned by you and this precept. Given under my hand this - day of A. D. 18-. A. B., Jutice of the Peace. 4OForm of Oath of Juror8s. You and each of you do solemnly swear, that you will well and truly inquire whether any encroachment has been made, and by whom, on the highway now in question. Form of Oath of Witness. You do solemnly swear, that the evidence you shall give in relation to the encroachment on the highway now in question, shall be the truth, the whole truth, and nothing but the truth. 0. Dr,v. xv.] I ObstrueMon of B,'ighway8. 201 202 Tow8 Lw8 qf icAigm. L[)Iv. . day after the expiration of that time, during which such fences shall remain unremoved.41 Ibid. [1092.] SEC. 7. If the jury find that any such encroachment has been made as aforesaid, the occupant shall pay the costs of such in quiry, and if the same shall not be paid in ten days, the Justice shall issue a warrant for the collection thereof, directed to any Constable of the county, commanding him to levy such costs, and his fees thereon, of the goods and chattels of such delinquent, and-make return thereof to such Justice within thirty days from its date; and the Justice, constables, jurors, and witnesses, shall be entitled to the same com pensation as for other similar serviess in.proceedings before Justices of the Peace. If no euncroach- [1093.] SE. 8. If the jury find that no encroachment has beeu menat found, dam. ages to be paid by made, they shall so certify, and shall also ascertain and certify the complainant. damages which the then occupant shall have sustained by such pro ceeding' which damages, together with the costs of the proceedings, shall be paid by the complainant.s Whnotb ence may ed [1094.] SEc. 9. No person shallAbe required to move any fence under the above provisions, except b)etween the:first, day of Novem, ber and the first day of April, unless the same shall have been made within three months next before the making of the order for the re moval thereof. Penalty onoccru [1095.] SEC. 10. If any tree shall fall. or be fallen by any person pantoflaeeend fro a, o y gv or not removing from any occupied land, into any hig'hway, any person may give nofallen trees, & any 41Form of Certeficate of Jry in case of Eneroachment. Barry County, s Township of Baltimnore, s We, the subscribers, freeholders of said county of Barry, having been summoned, and assembled, on the day of the date hereof, at the house of RIt. P. in said township, pursuant to a precept issued by G. H., Esq., a Justice of the Peace of said county, and having been duly sworn by said Justice on the application of the Commissioners of H:ighways of said township, to inquire whether any such encroachment on the public highway in said township, as is specified in the order of said Commissioners of Highways, dated the day of - last, (or instant,) has been made, and by whom, and having heard the proofs and allegations produced and submitted, do certify,* that such encroachment has been made by C. D., the present occupant, (or R. F., the former occupant.) And we hereby certify, that the particulars of such encroachment are as follows, to wit: that said encroachment commences on the north side of said road at (insert a description,) and that the rail fence along the lands now in the occupation of the said C. D. is upon the public highway, and is an encroachment thereon. In witness, &c. (To be signed by all the Jury.) 42Form of Certificate where no Encroachment is found. Branch County, s Township of Batavia, ~ We, the subscribers, &c., (as in the previous form to the * and then ~ntiin as follows:) that no such encroachment has been made on the said highway, and we have ascertained and do certify the damages of C. D., the occupant of the land through (or by) whose lands the said highway runs, by reason of the said Commissioners of Highways proceedings against him, to be dollars. In witness, &c. (To be signed by the Tury.) ,202 Town,8hf Law8 of /.icagan. [DrV.!V. LIv. iv.] Ob8diom of 203 tice to the occupant of the land from which such tree shall have fallen, to remove the same in two days; and if such tree shall not be removed within that time, but shall continue in such highway, such occupant shall forfeit the sum of fifty cents for every day thereafter, until such tree shall be removed. [1096.] SEC. 11. In case any person shall cut down or fall any Liability for nl tog trees into tree on enclosed land not occupied by him, so that it shall fall into highway. any highway, unless by the order or consent of the occupant, such person shall pay to the occupant of such land the sum of one dollar for every day the same shall remain in such highway, together with all other damages which such occupant may sustain, to.be recovered as damages in an action of trespass, or on the case. [1097.] SEC. 12. Whoever shall obstruct the navigation of any Penaltyforob structig rivers. river or stream, which now is, or may hereafter be declared a public.8ctiver highway, by falling any tree therein, or by putting into any river or stream so declared a public highway, any refuse lumber, slabs, or other waste materials, on conviction thereof, shall forfeit the sum of five dollars for any such offence. PIv. xV.] Obstructim, of.trwy.s. 203 Q04 Tow8A ws of [DIV. XVI. ChmaP. L1IV. DIVISION XVL-I.-OF THE ERECTION, REPAIRING, AND PRESERVAp. 369. TION OF BRIDGES. p. 369. ~~~~~~TION OF BIT,IDGE:S. Chapter Twenty-Seven of Revised Statutes of 1846. whnmoneys Whmabe raised forys [1098.] SECTION 1. Whenever it shall appear to the Board of Su. building bridges. pervisors of any county that any one of the townships in such county would be unreasonably burthened, by erecting or repairing any neces. sary bridge or bridges in such township, such Board of Supervisors may cause such sum of money to be raised and levied upon the county as will be sufficient to defray the expenses of erecting or repairing such bridge or bridges, or such part of such expenses as they may deem proper; and such moneys, when collected, shall be paid to the Township Treasurer of the township in which the same are to be ex. pended, and be applied by the Commissioners of Highways of such township to the purpose for which the same was raised. LaimOitation of [1099.] SEC. 2. No Board of Supervisors shall, under the provis. amount; ions of the preceding section, cause any sum exceeding one thousand dollars to be raised and levied in any county in any one year. Commissioners of [1100.j SEC. 3. The Commissioners of Highways of any townHighlways or Common Council ship, or Common Council of any city, or organized company, or the manta pnoticend Village Council of any village, may put up and maintain at the exon bridges. onbrdges. pense of their township, city, or company, or village, as the case may be, in conspicuous places, at each end of any bridge in such township, city, or village, maintained at the public or company charge, and the length of whose chord is not less than twenty-five feet, a notice, with the following words in large characters: "One dollar fine for riding or driving over this bridge faster than a walk,' and in case any such bridge shall be over one hundred feet in length, or shall have a draw or turn table therein for the purpose of opening the same, then such notice may be, "Five dollars fine for riding or driving on this bridge faster than a walk."a Forfeiture for fast [1101.] SEC. 4. Whoever shall ride or drive faster than a walk on driving over 1 bridge. any bridge upon which such notice shall have been placed, and shall there be, shall forfeit for every such offence the sum mentioned in such notice, and the same may be collected, in the name of such Highway Commissioners, city, company, or village authorities, as the case may be, or by criminal prosecution., Penalty for InJur- [1102.] SEc. 5. Whoever shall injure any bridge maintained at the Ing bridge. public charge, shall, for every such offence, forfeit treble damages, Repairs, &c., of [1103.] SEC. 6. If any bridge over a stream intersected by a highbridges. way, in any township of this State, has been within the last year, or shall hereafter be injured or destroyed by the occurrence of a freshet, a bAs amended by "An Act to amend sections three and four of Chapter twenty-seven of the Revised Statutes of Eighteen hundred and Forty-Six, entitled," Of the Erection, Repairing, and Preservation of Bridges," Approved Jan. 29,1857. Laws of 1857, p. 29. 204 Towrns8! Laws of Michigan. [DIR. XVI. Hi~ DIV. Brges. 205 or from any other cause, it shall be the duty of the Highway Commissioners of such township to proceed with all convenient despatch to repair or reconstruct such bridge, as the case may require, under the personal supervision of one of their number, or by letting a contract therefor under existing provisions of law: Provided, That application for such repairs or reconstruction shall first be made to such Commissionerp in writing, signed by at least twelve freeholders of the township, and verified by the oath of such applicants, that the public interest requires such repairs or reconstruction: And Provided, That the sum to be expended for such repairs or reconstruction shall not in any one year exceed two hundred dollars in any one organized township.43 c [1104.] SEC. 7. In payment for the labor performed, materials fur- Paymentforlabor nished, and necessary expenses incurred, for the purpose in the last forthe same. preceding section specified, the said Highway Commissioners are hereby authorized to draw and issue their orders upon the Township Treasurer, redeemable out of the proceeds of the tax to be levied and collected therefor in the manner provided by the following section.c [1105.] SEC. 8. For the purposes of levying and collecting such MoneYs, how raised therefor. tax, the said Highway Commissioners shall furnish the Township Clerk with the amount of all the orders drawn by them for the objects aforesaid, on or before the first Monday of October thereafter; and the said Township Clerk shall thereupon include such amount in the statement of moneys to be raised for township purposes, to be by him delivered to the Supervisor, under the provisions of existing law.c,, An Act to oblige the Owners or Occupiers of Mills, or other Water Works, to keep Bridges over their Races, crossing Public Highways. [Approved February 13, 1855. Laws of 1855, p. 347.] [1106.1 SECTION 1. The People of the State of Michigan enact, Owners and occupiers of mills That it shall be the duty of all owners, occupiers, or possessors of and other water works to mainMills or other Water Works, where any race or races appertaining to tain bridges over their races., 43Formn of Application by twelve Freeholders to Commissioners to repair Bridge. To the Commissioners of Highways of the Township of Bedford in the County of Calhoun. The undersigned twelve freeholders of said township do respectfully represent, that the bridge at (here state the location of the bridge) over the Kalamazoo river has been lately injured by the occurrence of a freshet. We, therefore, request that you will proceed with all convenient despatch and repair said bridge. Dated at this day of- -A. D. 18. (To be signed by twdve freeholders.) The persons whose names are subscribed to the foregoing application, appeared before me this day in person, and severally made oath that the public interest requires the repairs of the bridge mentioned in said application. Dated this - day of A. D. 18-. L. M., Juice of the Peace. onese three Sections were added to this Chapter by Act 137, of 1848, p. 171. DIV. XVI.] Bridges. 905 206 To-k ~%so ~~g.[I.lI the same may cross a public highway, to keep a good and sufficient bridge or bridges, not less than fourteen feet in width, with a substan tial railing on each side thereof, over the same, except where said Mills have been erected and the races dug previous to the formation of said highway. Duty of Mighway [ 1107.] SEc. 2. In all cases where the owner or owners, occupiers, Commissioners in case of neglect. or possessors of any such Mill or Mills, or bther Water Works, shall refuse or neglect to make such bridge or bridges, or shall refuse or neglect to keep the same in good repair, it shall be the duty of the Commissioners of Highways of the township in which such highway may be, to proceed forthwith to erect orrepair such bridge or bridges, at the expense of the person or persons whose duty it. was to have erected or repaired such bridges. Expense a legalnt [1108.] SEC. 3. The expenses so made or incurred by said Co charge against edby sad omowners, &c. missioners of Highways, in erecting or repairing such bridge, or bridges, shall be a legal charge against the owner or owners, occupiers or possessors of such Mill or Mills, or other Water Works, and it shall be the duty of the said Commissioners of H-ighways to prose cute the person or persons so chargeable, on an action of assuipsit, for the expenses so made or incurred, and to cause the damages re covered in such prosecution to be applied towards the payment of said expenses. Declaration In [1109.] SEc. 4. Whenever an action of assumpsit shall be brought, suit to recover expenses. under the provisions of this act, for the recovery of expenses made or incurred in erecting or repairing any such bridge or bridges, it shall be sufficient, without setting forth the special matter, to iallege in the declaration that the defendant, being indebted to the plaintiff in the-amount of such expenses, according to the provisions of this act, referring to the same by its title and date of approval, undertook Defence. and promised to pay the same to the plaintiff; and to every such declaration, the defendant may plead the general issue, and may give in evidence, under such plea, any special matter in bar of the action, or in discharge of the defendant, in the same manner and with like effect, as if a special notice thereof had been given. This act shall take effect immediately. 206 Town-ghi.p Laws of Michigan. [DrV. XVI. I D. XVII.] Afigoel1eot~ Prov8. 207 DIVISION XVII.- MISCELLANEOUS PROVISIONS OF A GENERAL cOhMap.L 1Y7, NATURE.. 373. Chapter Twenty-Elght of Revised Statuttes of 186. [i 1 -0.] SEcTION 1. All trees standing or lying on any land over When trees, &c., to be for use of which any highway shall be laid out, shall be for tihe proper use Ofownerofland. the owner of such land; or person otherwise entitled thereto, except such of them as may be requisite to make or repair the highways or bridges on the same land, or within' one mile of the same; but no trees reserved for shade or ornament shall be used for such purposes. [ 1111.] SEc. 2. Any person owning or occupying land adjoining Trees may be set out along high any highway not less than three rods wide, may plant or set out trees way, &C. on each side of said highway contiguous to his land; which trees shall be set in regular rows, at a distance of at least six feet from each other, and within ten feet of the margin of the highway; and if any person shall cut down, destroy or injure any tree that may have been, or shall be so planted or set out, or which shall have been left on the side of such highway for shade, he shall be liable in treble damages to the owner or occupant of such adjoining land, in an action of tres pass, or on the case. [1112.] SEC. 3. Whoever shall willfully destroy, remove, injure or Pmerson removing milestone, &c., deface any milestone, or mile board, erected on any highway; or shall guiity of misde willfully injure or deface any inscription or device upon any guide post eanor. or guide board on any highway, or remove, destroy or injure any such guide post or guide board, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not exceeding fifty dollars, or imprisoned in the county jail not exceeding three months, in the discretion of the Court. r[1 113.] SEC. 4. Whoever shall injure any highway, by obstructing iabityfori or diverting any creek, water course or sluice, or by drawing logs or Overseertoprosetimber on the surface of any road,or bridge, or by any other act, shall cute. be liable in treble damages, to be recovered in an action of trespass, or on the case, by the Overseer of Highways of the road district within which the injury was done, in his name of office, to be expended by him in the repair of roads in his district.4 [1114.] SEc. 5. But if any such injury shall be done, within any when Commisroad district, by the Overseer of Highways of such district, or with siuteersto prosehis assent, or if any Overseer of Highways of any road district shall refuse or neglect to prosecute for any such injury done within his district, it shall be the duty of the Commissioners of Highways of the town within which such district is situated to prosecute for such injury 43aA joint action cannot be brought by the Overseers of two adjoining road districts for any njury caused to a bridge which is partly in each district. Nor can the Commissioners of Highways of the township, on the refusal of the respective Overseers to prosecute, sue under the ;tatute and recover in one action for the damages sustained by both districts.-H-ighway Commisoners vs. &tockman, 5 Mich., 528. 207 .Dm. xvH.] Mfiscellaneous Provis'wns. 208 Tow8 Lw8 of LDW. xVIt. in an action of trespass on the case, and cause the damages to be recovered in such prosecution to be expended in the repair of roads in the district within which such injury shall have been done.4 Ptrovisonsof this [115.] SEC. 6. The provisions of this chapter and of the precedtitle to extend to an parts of state, ing chapters, relating to highways and bridges, shall be construed to excep.t, &c. extend to all parts of the State, except where special provisions incon sistent therewith have been, or shall be, made by law in relation to particular townships, counties, cities or villages. aAd4ed by hec. 21 of Act 206 of 1848. Laws of 1848, p. 315. 208 Townsh> Laws of Michiga~n. [DIV. XVn. i DIV. xvnL] Ferries. O9 DIVISION XVIII.L-ON THE REGULATION OF FERRIES. t= Co.3r., 1857, Chap. XXVI., P. 375. Chapter Twenty-Nine of Revised Statutes of 1846. [1116.] SECTION 1. The Board of Supervisors of each of the License for keepcounties of this State may grant licenses for keeping ferries in their respective counties, to as many suitable persons as they may think Laws lss5, p.465. proper; which licenses shall continue in force for a time to be specified therein by said board not exceeding ten years. [1117.] SEC. 2. lhe said board, when they shall grant any license Rates of ferriage, to keep a ferry, shall order and direct the rates of ferriage which the how reguIated. person licensed may receive, and may, from time to time thereafter, during the continuance of such license, alter such rates; and they may also direct what and how many hours each day such person shall attend his ferry. [1118.] SEC. 3. No such license shall be granted to any person When license not to be granted, exother than the owner of the land through which the highway adjoin-cept to owner of ing the ferry shall run, unless such owner shall consent thereto, or land. shall neglect to apply for such license, after notice as hereinafter provided. [ 1119.] SEC. 4. Whenever application shall be made by any person Ibid. other than such owner, the board shall not grant a license to such applicant without the consent, in writing, of such owner, unless, proof shall be made that such applicant caused notice to be given, in writing, to such owner, at least eight days before such application made, of his intention to make the same. [1120.] SEC. 5. Every person applying for such license shall, Bondtobegiven. before the same be granted, give bond to the People of this State, in such penal sum as the said board shall direct, not less than two hundred dollars, with so many and such sufficient sureties as the said board shall direct and approve, upon condition that he will faithfully keep and attend such ferry, with such and so many safe and convenient boats, and so many men to work the same, together with sufficient implements therefor, during the several hours in each day, and at such several rates as the said board shall, from time to time, order and direct; which bond shall be filed with the County Clerk. [1121.] SEC. 6. Every such license shall be entered by the County Entry of license Clerk in a suitable book in his office; and a copy of such license,y Clerk, &. attested by such clerk, shall be delivered to the person licensed. [1122.] SEC. 7. Whenever the waters over which any ferry may When watersun divide two counbe used shall divide two counties, a license obtained in either of the ties, license mnlay be obtained in counties shall be sufficient to authorize the person obtaining the same either. to transport persons, goods, wares, merchandise and effects, to and from either side of said waters. [1123.] SEC. 8. Every person who shall violate such bond shall be Perno-s violafting bond guilty of deemed guilty of a misdemeanor, and on conviction thereof, shall be misdemeanor,&c. R DIV. IXVHI.] Fetes. 209 210 Townsh Lw3 qf eAig. [')Iv. xYIII. subject to such fine as the Court may adjudge, not exceeding twenty-five dollars for each offence, and unless such fine, and the costs of prosecu tion shall be paid within ten days after such fine shall have been imposed, the Prosecuting Attorney for the county shall prosecute such bond for the use of the State. fPerry withoug [1124.] SEC. 9. If any person shall use any ferry for transporting license, guilty of across any river, stream, or lake, persons, goods. chattels or effects, for misdemeanor. profit or hire, unless authorized in the manner directed in this chapter, such person shall be deemed guilty of a misdemeanor, and on convic tion thereof, shall be subject to such fine as the Court may adjudge, not exceeding twenty dollars for each offence. When persons [1 125.] SEC. 10. When any offence mentioned in either of the two may be prosecuted in either of last preceding sections shall be committed on waters dividing two two counties. counties, the person so offending may be prosecuted in either of such counties. Limitation of iomitsations ofthis [1126.] SEC. 11. Nothing contained in this chapter shall affect or chapter. impair any right or privilege belonging to any individual, or corpo ration, by virtue of any law of this State. Tyownship Laws of Xichigan. [DIV. X[VIII. 210 liv. xix.] Prvvte 211 DIVISION XIX.-OF PRIVATE ROADS. * An Act to Provide for Laying out Private Roads.a Approved -bbruary 7,1855. Took effect May 16, 1%5. Laws qf 1855, p. 36. [1127.] SECTION 1. The People of the State of Mfichigan enact, AprPivpcatrioanfor private road. That whenever application shall be made to the Commissioners of Highways of ally township for a private road, they shall give notice to the owner or occupant of the land over which the road is proposed to be laid out, to meet on a day and at a place certain, for the purpose of aiding in the striking of a jury to determine as to the necessity or propriety of such road; at which time and place the jury shall be selected, in the following manner, to wit Said Commissioners of High-Jury, how select selected, in the following manner, to wit: Said Commissioners of IE~igh- ed and cited. ways shall direct some disinterested person to write down the names of eighteen disinterested freeholders, from which list the owner or occupant of said land, and the applicant for said road, shall strike out three names each, and the balance remaining on such list shall form said jury. In case either said owner or occupant, or said applicant, shall refuise to strike, said Commissioners shall strike for the party so neglecting or refusing. Said Commissioners shall issue a citation to said freeholders to appear before them forthwith, to determine as to the necessity or propriety of such road, and the damages resulting therefrom, in case such road shall be deemed necessary by them.44 aSection Sixteen of the Act of Feb. 17,1857, (given in Chapter XXII,) would seem to be intended as a substitute for the first four sections of this Act; but quere if it can have that effect, or be of any validity whatever, where it now stands. See Sec. 20, Art. 4, of Constitution. 44Form of Application of Private Road. To the Commissioners of Highways of the Township of Howard in the County of Cass. The undersigned respectfully asks, that a private road be laid out in said township as follows: (here describe the private road and give names of ousters or occupants of lands over which the road is desired.) Dated this day of-A. D. 18-. A.B. Form of Notice by Commissioners of Highways of Meeting to select Jury. To Mr. C. D. SiR:-Application having been made by A. B. to the undersigned Commissioners of Highways of the Township of Bengal in the county of Clinton, for a private road as follows: (here describe the proposed road as contained in the application.) You are, therefore, hereby notified to meet said Commissioners on the - day of - A. D. 18, at o'clock, at, for the purpose of aiding in the striking of a jury to determine as to the necessity or propriety of such road. Dated this - day of - A. P. 18-. A. B., C. D., E. F., Commissioners of High-ay DIV. XIX.] Private Roads. 211 ComP. L. 1857, ChaiD. XXVI}., P. 377. 21:: To0 law f5~ci~ D.XX Jury to be sworn. [1128.] SEc. 2. Such freeholders, when met, shall be sworn well and truly to' examine in regard to the necessity and propriety of such road, and in case they shall decide that such road is necessary, to justly and impartially appraise the damages of the owner or owners, or occupant of the land, by reason of laying out such road.45 Duty of Jury. [1 129.] SEC. 3. If they shall determine that theeoad so applied for is necessary, they shall make and subscribe a certificate of such deter mination, and also their appraisal of the damages, and shall deposit the same with the Commissioners of Highways of the township; and How road shall the said Commissioners of Highways shall thereupon lay out the road, be laid out. describing the same particularly by its bounds, courses and distances, and cause a record thereof to be made in the Clerk's office of the proper townships.46 Form of Citation to Freeholders. Baton County, s Township of Benton,. To (here insert the names of the freeholders.) In the name of the People of the State of Michigan, you are hereby required to appear forthwith before the undersigned Commissioners of Highways of said township at, to determine as to the necessity or propriety of a private road as follows: (here describe the road as in the application,) and to determine also the damages resulting therefrom in case such road shall be deemed necessary by you, and this you are not to omit. Given under our hands this - day of - A. D. 18-. A. B., C. D., E. F., Commissioners of Highways. 45Form of Oath of Freeholders. You and each of you do solemnly swear, that you will well and truly examine in regard to the necessity and propriety of a private road from (here describe the proposed road as in the application,) and in case you shall decide that such road is necessary that you will justly and impartially appraise the damages of the owner or owners, or occupant of the land over which said road is to be laid out. by reason of laying out the same. 46Form of CertifJcate of Freeholders as to the necessity of Private Road. Genesee County, Township of Burton, ss The undersigned, freeholders of said township, having been selected and duly sworn as a jury to determine as to the necessity and propriety of a private road as follows: (here describe the road as in the application,) and having duly and faithfully examined into the premises, do hereby certify, that we have determined said road to be necessary and proper, and that we have assessed the damages resulting from said road to the owners and occupants of lands over which said road is proposed as follows: To John Doe, owner of (here describe the land,) - dollars. To (continue in like manner.) In witness whereof we have hereunto subscribed our names this day of- A. D. 18-. (To be subscribed by all the freeholders.) The record of a private road laid out by the Commissioners, designating the course, distance and quantity of land taken, is sufficiently definite to determine the width of the road, and parol evidence of the result, from the data given, is admissible.-Herrick vs. Stover, 2 Wen., 580. An obstruction of a private road is a mere private injury, in which the public have no concern.-Fowier vs. Lansing, 5 Wen., 580. An obstruction placed in a private road by the owner of the land over which it is laid out, cannt be lawfully removed by one having no right to use the road-Drake vs. Iogers, 3 HilZ, 60& 212 Town,qhip Laws of Xiohigan. [Drv. xT-x. D. x'xa P?'vte 13 [1130] SEc. 4. The damages of the owner or owners, or occupant Applicant to pay damages and of the land through which such road shall be laid, when ascertained, expenses. as hereinbefore provided, together with expenses of proceedings, shall be paid by the person applying for the road, and when such damages When paid, road and expenses are paid, the Commissioners of Highways of the town-t be opened. ship shall proceed to open the road. [ 1 131 ] SEC. 5. Every such private road, when so laid out, shall be Road to be for for the use of such applicant, his heirs anld assigns, but not to be con use of applicant. verted to any other use or purpose than that of a road: Provided, always, That the owner or occupant of the land through which such When owner of road shall be laid out, shall not be prevented making use thereof as a landmayuse road road, if he shall signify his intention of making use of the same to the jury who ascertain the damages sustained by laying out such road, before the appraisal of the damages by them. Dlv. aXr.] Piivate Roads. 213 214 Town8p Lw8 of Mkig. [')w. xx. DIVISION XX.-OF WEIGHTS AND MEASURES. COMP. L. 1857, Chap. XXX., p. 403. Chapter Thirty-One of Revised Statutes of 1846. Public standards [1241.] SECTION 1. The weights and measures, together with the of weights and measures. scales and beams, and those -made in conformity therewith, which are now, or may hereafter be deposited in the Treasury of this State, shall be preserved by the Treasurer, and be the public standards. StateSealer, his [1242.] SEC. 2. The Treasurer of the State shall be the State duties. Sealer of weights and measures, and he shall have and keep a seal, which shall be so formed as to impress the letter "M." upon the weights and measures, and scales and beams, to be sealed by him, with which he shall seal all such authorized public standards of weights and measures, and all the weights and measures and scales and beams to be provided by the several counties, when examined by said Treasurer, and found to be in conformity with the standard weights and measures, and scales and beams aforesaid. Sruoeurveisotatdard [1243.] SEC. 3. The Board of Supervisors for each county for fromState Sealer, which the same have not already been obtained, shall procure for the use and at the expense of their county, a complete set of weights and measures, and scales and beams, in exact conformity with those remaining in the State Treasury; except that the same may be made of such suitable materials as the Supervisors may direct, which shall be tried and proved by the said Treasurer, and by him sealed and cer tified. County standard [1244.] SEC. 4. When so sealed and certified, such weights and to be deposited with Clerk; his measures, scales and beams, shall be deposited with the County Clerk, duties. duties. who shall be the sealer of weights and measures for the county, and the same shall be kept by him as the standard of weights and meas ures for the county; and the said clerk shall also provide and keep a seal similar to the seal required to be kept by the State Treasurer, with which he shall seal the weights and measures, and scales and beams, to be provided by the several townships. County standard [1245.] SEC. 5. Once in every five years from the first day of Januto be trie d once in ftiveyears. ary, eighteen hundred and forty-five, each County Clerk for the time being shall cause the said standards in his keeping to be tried, proved, and sealed by the State standards, under the direction of the State Treasurer. When county 1 SE. TthBorofoanwhc standard to be [ 1246.] SEC. 6. If the Board of Supervisors of any county which rocurerdby has not heretofore provided such standards, shall neglect for six months to provide the same, and cause them to be tried and proved, and sealed as aforesaid, and delivered to the clerk of the county, it shall be the duty of the clerk to notify the County Treasurer of such neglect, and such County Treasurer shall immediately provide such standards, and cause the same to be tried, proved, sealed, and deposited as aforesaid, at the expense of his county. 214 Township- Saws of Mihigan. [DIV. XX. DW. xx.] Wigs A!et&res. 215, [1247.] SEC 7. The Township Board of each township shall pro- Standard for each township, how cure to be made and provided, when it shall not heretofore have been procured, &c. done, for the use and at the expense of the township, a complete set of weights and measures, and scales and beams, in conformity with the standards kept by the clerk of the county, which shall be tried, proved and sealed, and certified by the County Clerk, by the standards remaining in his office, and such weights and measures, scales and beams, so tried, sealed and certified, shall be delivered to, and kept by the clerk of the township, as standards for the township; such township standards to be made of such suitable materials as the Township Board shall direct; and the said board shall also provide a seal similar to the State seal, to be kept by the Township Clerk. [1248.] SEc. 8. The Township Clerk of each township shall be the Township Sealer, L~~~~~~~~~~'J ~~~~~~~~~~~~~his duty. Sealer of weights and measures therein, and shall have the care and custody of the standard weights and measures of his township, and shall seal weights and measures, scales and beams, used within his township, after having tried and proved them by the township standards. [1249.] SEC. 9. The clerk of each township shall, once in eachIbid. year, some time in the month of April, put up a written notice in three of the most public places in the township, stating therein the time and place when and where he will attend such of the inhabitants as live within the limits described in the several notices aforesaid, and seal all such of their great and small scales, beams, weights and measures, as are found to be accurate, and as they shall bring for that purpose.47 [1250.] SEC. 10. The Township Clerk shall be entitled to de mand Oompensation of Township Clerks. and receive from the person from whom the service is rendered, for trying, proving, and sealing as aforesaid, three cents for each scale, beam, weight or measure found not to be conformable thereto, and two cents for each scale, beam, weight or measure found to be conformable thereto. [1251.] SEC. 11. The Township Clerk shall go, once in everywhenrclerkctogd ' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~to stores, &c., and year, to the houses, stores and shops of such merchants, traders, re- t y weights and tailers of spirituous liquors, and of such other of the inhabitants of easures' the township, using scales, beams, weights and measures, for the purpose of buying and selling, as shall neglect to bring or send in their scales, beams, weights and measures, and he shall there try, prove, and seal them. 47Form of Township Clerk's Noticel of time and place of Sealing Weights and Measures. Public notice is hereby given, that the undersigned Township Clerk of the Township of Allen will, on the day of A. D. 18-, at o'clock, at, attend such of the inhabitants as live within the limits described as follows: (here describe the limits,) and seal all such of their great and small scales, beams, weights and measures as are found to be accurate, and as they shall bring for that purpose. Dated this-day of- A. D. 18-. At B., ATou. Bler. Township, Clerk. DIV. XX.] TFeigAts and Mea8qtreg. 215 216 Town~~~~~~~~~~~~~~~~k~~~~ Iaw~~~~~~~~~ of ~~~~~~~~~M~~~~c~~~~ig~~~~~~. [DIV. xx.~~~~~~~~~~~~~~~~~ Double fees, [1252.] SEC. 12. For the services required in the last preceding when to be paid. section, the Township Clerk shall be entitled to demand and receive of such merchants, or other persons, double the fees hereinbefore pro vided for the like services, together with four cents for every mile he shall necessarily travel for that purpose, going out and returning home. lees of Ceountylg [1253.] SEC. 13. The County Clerk shall be entitled to receive &C.t from each Township Clerk a fee of three cents for the first sealing of every weight, measure, scale, or beam, and two cents for every sub sequent sealing of the same. When Township F24 n.1.I h f t ~ f WClerknTowprshpe [1254] SEc. 14. If the Township Board of any township, after standard. notice to them that the standard of weights and measures for the county have been deposited with the County Clerk, shall neglect, for the space of six months, to provide standard'weights and measures for their township, as above directed, it shall be the duty of the Town ship Clerk forthwith thereafter to procure the same at the expense of the township. Penalty on Sealer [1255.] SEC. 15. If any Sealer of weights andmeasures shallneg orneglec,c lect to perform his duty, as prescribed in this chapter, he shall forfeit, for each neglect, the sum of five dollars. Vyaibrating steel- [1256.] SEC. 16. The vibrating steelyards, which have heretofore yards.. been allowed and used in this State, may continue to be used; but each beam, and the poises thereof, shall be annually tried, proved, and sealed, by a Sealer of weights and measures, like other beams and weights. Construction of certain contracts. [1257.] SEC. 17. When any commodity shall be sod by the hun dred weight, it shall be understood to mean the nett weight of one hundred pounds avoirdupois, and a11 contracts concerning goods or commodities sold by weight, shall be construed accordingly, unless such construction would be manifestly inconsistent with the special agreement of the parties contracting. Weight of grains, [1258.] SEc. l18. Whenever Wheat, rye, Indian corn, oats, barley, &~c., to the bushel.... clover seed, buckwheat, dried apples, or dried peaches, shall be sold by the bushel, and no special agreement as to the measure or weight thereof shall be made by the parties, the measure thereof shall be as certained by weight, and shall be computed as follows: Sixty pounds for a bushe of wheat, or clover seed; fifty-six pounds for a bushel of rye, or Indiaacorn; thirtytwo pounds for a bushel of oats; forty1839, p.218, sec. 9. eight pounds for a bushel of barley; and forty-two pounds for a bushel of buckwheat; and twenty-eight pounds for a bushel of dried apples, or dried peaches. Measure for char- [1259.] SEC. 19. The half bushel, and the parts thereof, shall be coal, Sc. the standard measure for charcoal, fruits, and other commodities cus tomarily sold by heaped measure; andinmeasuring such com-mwodi. ties, the half bushel, or other smaller measure, shall be heae as high as may be, without ese ial effort or design. 216 Township Lawi of Mi-,chigan. [DIV. ;. DIV. xxi.] Publi; iml 217 DIVISION XXI.-OF THE PRESERVATION OF THE PUBLIC HEALTH; CCohMap XXI QUARAN.TINE, NUISANCES, AND OFFENSIVE TRADES. p. 430 Chapter Thirty-Five of Revised Statutes of 1846. [1337.] SECTION l. The Supervisor and Justices of the Peace Of Board of Health. every township, respecting which no other provision is, or shall be made by law, shall be a Board of Health for their respective townships, and the township Clerk shall be the clerk of such board, and shall keep a record of their proceedings in a book to be provided for that purpose at the expense of the township. [1338.] S EC. 2. Every Board of Health may appoint a Physician Appointment of Health Officer, to the board, who shall be the Health Officer of his township, and his compensat ion shall hold his office during their pleasure, and they shall establish his &c. salary, or other compensation, and shall regulate all fees and charges of every person employed by them in the execution of the Health Laws, and of their own regulations. [ 1339.] SEC. 3. The Board of Health shall make such regulations Regulations re lating to causes respecting nuisances, sources of filth, and causes of sickness within oftsicness, &c.s their respective townships, and on board of any vessels in their ports or harbors, as they shall judge necessary for the public health and safety, and if any person shall violate any such regulations, he shall forfeit a sum not exceeding one hundred dollars. [1340.] SEc. 4. The said board shall also make such regulations Respecting artas they may deem necessary for the public health and safety, respect- colnveying cona-of ing any articles which are capable of containing or conveying any in- gi~n,&c. fection or contagion, or of creating any sickness, when such articles shall be brought into, or conveyed from their township, or into, or from any vessel; and if any person shall violate any such regulation, he shall forfeit a sum not exceeding one hundred dollars. [ 1341.] SEC. 5. The said board shall also make all regulations Duty of board as to purchase of which they may deem necessary for the interment of the dead, and tbuyng grounds. respecting burying grounds, for their township; and it shall also be Laws 1859, p.396. the duty of said board to purchase in each surveyed township so much land for burying grounds as shall be necessary for burying the dead of such township, provided suitable grounds therefor can be found and procured within the township, and if not, they shall then provide such grounds in the nearest adjoining township where such suitable grounds can be procured. [1342.] SEC. 6. The Board of Health of the township for which Board tohold lands in trust such burying grounds shall be procured, and their successors in office, Iabid.itu shall hold the fee of such land in trust for such township; and they shall keep the same, or so much thereof as shall be necessary, surrounded with a good and substantial fence; the expenses of the pur-Expenses how chase of such lands, and of fencing and regulating the same, to be certified to the Town Board by the Board of Health, and by the s Ptublic Health. Drv. xxi.] 217 218 Tow8k 1aw8 of Mica. LI)Iv. xx'. Town Board, provided for as a part df the contingent expenses of tho Proviso. township: Provided, hzowever, That the Board of Health may, whenever they think it desirable, sell and convey single or family burial lots in said township burying grounds to such person or per sons as may desire to procure the same, and apply the proceeds thereof towards the purchase or improvement of said grounds, certifying the amount of all such sales and expenditures to the Township Board, as above provided. Notice of regula- [1343.] SEC. 7. Notice shall be given by the Board of Health of tions" how pub ished. all regulations made by them, by publishing the same in some news paper of the township, if there be one published therein, and if not, then by posting them up in five public places in such township; and such notice of said regulations shall be deemed legal notice to all persons. Board to examine [1344.] SEC. 8. The Board of Health shall examine into all nuilitto nuisances, &c., ani destroy, sauces, sources of filth. and causes of sickness that may, in their opinremove or prevent the same. ion, be injurious to the health of tile inhabitants within their town ship, or in any vessel within any lharbor or port of such township' and the same shall destroy, remove, 6r prevent, as the case may re quire. Proceedings, If [1345.] SEc. 9. Whenever any such nuisance source of filth or nuisance, &c., 7 a found on private cause of sickness, shall be found on private property, the Board of property. hIealth shall order the owner or occupant thereof, at his own expense, to remove the same within twenty-four hours; and if the owner or occupant shall neglect so to do, he shall forfeit a sum not exceeding one hundred dollars. When nuisance, [1346.1 SEC. 10. If the owner or occupant shall not comply with &c.,to be removed by Board at ex- such order of the Board of Health, such board may cause the said ene of owner, ~nofos r nuisance, source of filth, or cause of sickness, to be removed., and all expenses incurred thereby shall be paid by the said owner or occu pant, or by such other person as shall have caused or permitted the same. Court may order [1347.] SEC. 11. Whenever any person shall be convicted, on an nuisance remov'd in certain cases. indictment for a common nuisance that may be injurious to the public health, the Court may, in its discretion, order it to be removed or de stroyed, at the expense of the defendant, under the direction of the Board of Health of the township where the nuisance is found; and the form of the warrant to the Sheriff, or other officer, may be varied accordingly. Proceeding, whe n [1346.] SEC. 12. Whenever the Board of Health shall think it admittance of Boardto buildingnecessary, for the preservation of the lives or health of the inhabior vessel is refused. tants, to enter any building or vessel in their township, for the pur pose of examining into and destroying, removing, or preventing any nuisance, source of filth, or cause of sickness, and shall be refused such entry, any member of the board may make complaint, under oath, to any Justice of the Peace of his codunty, whether such Jus tice be a member of such board or not: stating the facts of the case, so far as he has knowledge thereof. Ibid. [1349.] SEcX. 13. Such Justice may thereupon issue a warrant, di rected to the'Sh'e.iff or any Constable of the county; commnianding hima Townsh' laws of MicAigan., p [Drv-. xxi. 218 DiY. xxi.]. Pli.c if Zth,. to take sufficient aid, and being accompanied by any two or more members of said Board of Health, between the hours of sunrise and sunset, to repair to the place where such nuisance, source of filth, or cause of sickness complained of may be, and the same destroy, remove or prevent, under the direction of such members of the Board of Health. [1350.] SEC. 14. The Board of Health may grant permits for Boardmayper mit removal of the removal of any nuisance, infected article, or sick person, with-iinfected articles, the limits of their township, when they shall think it safe and proper &c. so to do. [1351.] SEC. 15. When any person comingl from abroad, or resid- Board to make provision to preing in any township within this State, shall be infected, or*hall lately vent spread of before have been infected with the small pox, or other sickness dan- sa PX, &C gerous to the public health, the Board of Health of the township where such person may be, shall make effectual provision in the manner in which they shall judge best for the safety of the inhabitants, by removing such sick or infected person to a separate house, if it can be done without danger to his health, and by providing nurses and 3 Mich. Rep., 475. other assistance and necessaries, which shall be at the charge of the person himself, his parents, or other person who may be liable for his support, if able; otherwise, at the charge of the county to which he belongs. [1352.] SEC. 16. - If any such infected person cannot be removed Provision in case infected persons without danger to his health, the Board of Health shall make provis- cannot be re, ion for him as directed in the preceding section, in the house in which moved. he may be, and in such case they may cause the persons in the neighborhood to be removed, and may take such other measures as they may deem necessary for the safety of the inhabitants. [1.353.] SEc. 17. The Board of Health of any township near to, Board may re... > X.,.,^, -..' s~~~~~~~~~~train travelers or bordering upon either of the neiglhboring States, may appoint, by comingfromtn D~ coming from Inwriting under their hands, suitable persons to attend any places by fected districts. which travelers may pass from infected places in other States; and the persons so appointed may examine such passengers as they may suspect of bringing with them any infection which niay be dangerous to the public health, and if need be, may restrain them from traveling until licensed thereto by the Board of Health of the township to which such persons may come; and any person coming from such infected place, who shall, without license as aforesaid, travel within this State, unless. it be to travel by the most direct way to the State from whence he came, after he shall be cautioned to depart by the persons appointed as aforesaid, shall forfeit a sum not exceeding one hundred dollars. [1354.] SEC. 18. Any two Justices of the Peace may, if need Remiovalofrperbe, make out a warrant under their hands, directed to the Sheriff, or any Constable of the county, requiring him, under the direction of the Board of Health, to remove any person infected with contagious sickness, or to take possession of convenient houses and lodgings, and to provide nurses, attendants, and other necessaries, for the accommodation, safety, and relief of the sick. Dmiv. xxI.]! Public feahtk. 219 220 TowsA Lw of AficIdga [Drv. xx!. Infected baggage, t clothing an. [1355.] SEC. 19. Whenever, on application of the Board of Health, goods, how e- it shall be made to appear to any Justice of the Peace that there is cured. just cause to suspect that any baggage, clothing, or goods of any kind found within the township, are infected with any disease which may be dangerous to the public health, such Justice of the Peace shall, by warrant under his hand, directed to the Sheriff, or any Constable of the county, require him to take with him asmany men as the said Justice shall deem necessaryto secure such baggage, clothing, or other goods, and to post said men as a guard over the house, or place where such baggage, clothing, or other goods shall be lodged, which guard shall take effectual care to prevent any person removing, or coming near to such baggage, clothing, or other goods, until due inquiry be made into the circumstances thereof.4 a Improuessing fr [1356.] SEC. 20. The said Justice may also, by the same warrant, keeping infectfd if it shall appear to him necessary, require the said officer, under the goods.. direction of the Board of Health, to impress and take up convenient houses or stores, for the safe keeping of such baggage, clothing, or other goods; and the Board of Health may cause them to be removed to such houses or stores, or to be otherwise detained until they shall, in the opinion of said Board of Health, be freed from infection. Power of offier [1357.] SEC. 21. Such officer. in the execution of such warrant, executlg warrant.wrat secg ra shall. if need be, break open any house, shop, or any other place men tioned in said warrant, where such baggage, clothing, or other goods shall be; and he may require such aid as shall be necessary to effect the execution-of the warrant; and all persons shall, at the command of any such officer, under a penalty not exceeding ten dollars, assist in the execution of the warrant, if able to do so. Charges tobe [1 358.j SEC. 22. The charges of securing such baggage, clothing, paid by owner. charge suhclting,. or other goods, and of transporting and purifying the same, shall be paid by the owner or owners thereof, at such rates and prices as shall be determined by the Board of Health. Compensation for hous es, nurses, [1359,] SEC. 23. Whenever the Sheriff or other officer shall take .c&. possession of any houses, stores, lodgings, or other necessaries, or shall employ any nurse or attendants, as provided in this chapter, the sev eral parties interested shall be entitled to a just compensation there for, to be paid by the county in which such person or property shall have been so employed or taken possession of. When prisoners attackedith [1360.] SEC. 24 Whenever any person confined in any common dangerousdiseae iail shall be attacked with any disease, which in the opinion of the may be removed. ~ w t n ies,wih nteeiino h y Physician of the Board of Health, or of such other physicians as they may consult, shall be considered dangerous to the safety and health of the other prisoners, or of the inhabitants of the township, Board of Health shall, by their order in writing, direct the removal of 47aWhen the Board of Health of a township necessarily incurs expenses in providing for the safety of its inhabitants by removing, &c., ally person infected with the small pox or other sickness dangerous to the public health, such person, his parents. or other persons liable for his support, being unable to pay them, said expenses are a charge against the county, which it is the duty of the Board of Supervisors to allow.-People ex rel. Bristow vs. Supervisors Macomb Co. 3 Mich., 475. The only effect of Sec. 20, Art. 10 of the Revised Constitution is to abrogate the right of appeal from the decision of a Board of Supervisors, which before existed by law. A mandamus will, notwithstanding that provision, lie to compel them to do what the law unconditionally requires of them.-.lbid. Township Law* of Miehigan. 220 [DIV. 2., DIV. XXL] Plic L(eal. 221 such person to some hospital or other place of safety, there to be provided for and securely kept, so as to prevent his escape, until their further orders; and if such prisoner shall recover from the disease, he shall be returned to such jail. L 1361.] Sec. 25. If the person so removed shall have been cornm. Prisoners remov ed to be returned,mi tted by order of any Court or under any judicial process, the' or- an,t notto becon y T~~~~~~~~ideread as having der for his removal, or a copy thereof, attested by the presiding mem- escaped.having ber of said Board of Health, shall be returned by him, with the doings thereon, into the office of the Clerk of the Circuit Court for the county; and no prisoner, removed as aforesaid, shall be considered as thereby having committed an escape. [1362.] SEc. 26. Whenever any pestilence or contagious disease When Superin tndents of Poor shall break out in any County Poor House in this State, or in the may remove p5auvicinity thereof, and the physician to such County Poor House, or ouses.mPoor such other physician as the Superintendents may consult, shall certify that such pestilence or disease is likely to endanger the health of the persons supported at such Poor House, the Superintendents of such County Poor House shall cause the persons there supported, or any of them, to be removed to some other suitable place in the same county, and there to be maintained and provided for at the expense of the county, with all necessary medical attendance and care, until they can safely be returned to such Poor House, or otherwise discharged. QUARANTINE. [1363.] SEC. 27. Any township may establish a Quarantine Township Gw... s..... -....~~~~~~~~~~. Qeuaranie Ground in any suitable place, either within or without its own limits:uarate Provided, That if such place shall be without its limits. the assent of the township within whose limits it may be established shall be first obtained therefor. [ 1364.] SEC. 28. Any two or more townships may, at their joint Quarantine for two, or more expense, establish a Quarantine Ground for their joint use, either townships. within or without their own limits: Provided, That if such place shall be without their limits, they shall first obtain the assent of the township within whose limits thle same may be. [1365.] SEC. 29. The Board of Health in each township in this Quarantinein townships border-, State bordering upon Lake Michigan, Lake Superior, Lake Huron, ing on certaiu Lake St. Clair, or Lake Erie, or upon any of the principal rivers orlakes'rivers Ac straits connecting together any of the said lakes, or bordering upon any navigable waters uniting with any of the said lakes, rivers or straits, may from time to time establish the Quarantine to be performed by all vessels arriving within the limits of such townships, and may make such Quarantine regulations as they shall judge necessary for the health and safety of the inhabitants. [1366.] SEC. 30. The Quarantine regulations so established shallQuarantine regu lations to extend extend to all persons, and all goods and effects, arriving in such ves- to persons and sels, and to all persons who may visit or go on board of the same. goods invessels. [1367.] SEc. 31. The said Quarantine regulations, after notice Penaltyforvolat shall bave bee given il the manner before provided Quarantine shall have been given in the manner before provided in this chal~ter, regulations. DIv. xAx.] Publico Health. 221 22 Tow8p Lw of [DW. XXI. shall be observed and complied with by all persons; and any person who shall violate any such regulations, shall forfeit a sum not less than five dollars, and not more than five hundred dollars. cvasessels In certain [1368.] SEC. 32. The Board of Health in each township bordermovedtoQuaran ing upon any of the lakes, rivers, straits, or other navigable waters tine ground,&C. hereinbefore mentioned, may at all times cause any vessel arriving within the limits of the township, when such vessel or cargo thereof shall, in their opinion, be foul or infected, so as to endanger the pub lic health, to be removed to the Quarantine Ground, and to be thor oughly purified, at the expense of the owners. consignees, or persons in possession of the same; and they may also cause all persons arriv ing in, or going on board of such infected vessel, or handling such infected cargo, to be removed to any hospital under the care of the said Board of Health, there to remain under their orders. Master, &c., to [1369.] SEc. 33. If any master, seaman, or passenger, belonging answer on oath in regard toin- to any vessel, on board of which any infection may then be, or may fctions. have lately been, or which may have been at, or which may have come from any port or place where any infectious disease prevails, that may endanger the public health, shall refuse to answer on oath, to be administered by any member of such board, such questions as may be asked him relating to such infection or disease, by any mem ber of the Board of Health of the township to which such vessel may come, such master, seaman, or passenger, so refusing, shall forfeit a sum not exceeding two hundred dollars; and in case he shall not pay such sum, he shall suffer six months' iml)risonment. Expenses, by [1370.] SEC. 34, All expenses incurred on account of any person, whom to be paid. vessel or goods, under any Quarantine regulations, shall be paid by such person, or by the owner of such vessel or goods respectively. SMALL POX, AND OTHER DANGEROUS DISEASES. HIospitalsforre- [1371.] SEc. 35. The inhabitants of any township may establish ception ofpersons having smaulpox, within their township, and be constantly provided with, one or more &c. Hospitals for the reception of persons having the small pox, or other disease which may be dangerous to the public health. Byl whobemrhgupa [1372.] SEc. 36. All such Hospitals shall be subject to the ored, &c. ders and regulations of the Board of Health, or a commnittee appointed by such board for that purpose; but no such Hospital shall be estab lished within one hundred rods of any inhabited dwelling house situ ated in an adjoining township, without the consent of such adjoining township. Penlty forin- [ 1373.] SEc. 37. If any person shall inoculate any other person, or oculating with smallxpox,except inoculate himself, or suffer himself to be inoculated with the small at hospitals. pOX, unless at some Hospital licensed and authorised by law, he shall, for each offence, forfeit a sum not exceeding two hundred dol lars. Physicians, &c., [1374.] SEc. 38. When any Hospital shall be so established, the to be subject to regulations of physician attending the same, the persons inoculated or sick therein, Board, C. the nurses, attendants, and all persons who shall approach or come 222 T'ownsghip laws of Mkchigan. [DIV. xxr. DIV.' XXL] Pu6c Hel.' 223 within the limits of the same, and all such furniture and other articles as shall be used or brought there, shall be subject to such regulations as shall be made by the Board of Health, or of the committee appointed for that purpose. [1375.] SEc. 39. When the small pox, or any other disease dan- When Board ofde gerous to the public health, shall break out in any township, the hospital. Board of Health shall immediately provide such Hospital, or place of reception for the sick and infected, as they shall judge best for their accommodation and the safety of the inhabitants; and such Hospitals and places of reception shall be subject to the regulations of the Board of Health, in the same manner as hereinbefore provided for established Hospitals. [1376.] SEC. 40. Thie Board of Health shall cause such -sick or When infected persons to be reinfected persons to be removed to such Hospitals or places of recep. moved to hospition, unless the eondition of the sick person be such as not to admittal, &c of removal without danger of life; in which case the house or place where the sick shall remain, shall be considered as a Hospital to every purpose before mentioned, and all persons residing in, or in any way concerned with the sam, shall be subject to the regulations of the Board of Health, as before provided. :[1377.] SEc. 41. When the small pox, or any other disease dan Bhoeard to prevent the spread of dangerous to the public health, is found to exist in any township, the gerousdisease. Board of Health shall use all possible care to prevent the spreading of the infection, and to give public notice of infected places to travelers, by such means as in their judgment shall be most effectual for the common safety. [1378.] SEc. 42. If any physician or other person, in any of the Penalty for vio lating regulations Hospitals or places of reception before mentioned, or who shall at-of hospitals. tend, approach, or be concerned with the same, shall violate any of the regulations lawfully made in relation thereto, either with respect to himself, or his, or any other person's property, the person so offending shall, for each offence, forfeit a sum not less than ten, nor more than one hundred dollars., [1379.] SEc. 43. Whenever any householder shall know that any ouseholders to give notice of person within his family is taken sick with the small pox, or any other disease; penalty disease dangerous to the public health, he shall immediately. givef~rneglect notice thereof to the Board of Health, or to the Health Officer of the township in which he resides; arid if he shall refuse or: neglect to give such notice, he shall forfeit a sum not exceeding one hundred dollars. [1380.] SEc. 44. Whenever any physician shall know that any Penalty on physt clan neglecting to person whom he is called to visit, is infected with the small pox, or give notice. any other disease dangerous to the public health, such.physiciam shall immediately give notice thereof to the Board of Health, or Health Officer of the township in which such diseased person may be; and every physician who shall refuse or neglect to give such notice, shall forfeit. for each offence, a sum not less than fifty, nor more than one hundred dollars. DlV-. XXI.] Public H-ealt7t.' 223 224 Towk Laws of Miigam. [DIV. xxr [1381.] SEC. 45. Every township may, at any meeting, make suitable provision for the inoculation of the inhabitants thereof with the cow pox, under the direction of the Board of Health, or the Health Officer of the township, and they shall raise all necessary sums of money to defray the- expenses of such inoculation, in the same manner that other township charges are defrayed. Inoculation with cow pox. OFFENSIVE TRADES. Places may ber [1382,] SEac. 46. The Township Board of every township, the ryinge on offensive President and Trustees, or Council, of every village, and the Mayor and Aldermen of every city, respectively, when they shall judge it necessary, shall, from time to time, assign certain places for the exer cising of any trade or employment, offensive to the inhabitants, or dangerous to the public health; and they shall forbid the exercise thereof in places not so assigned; and all such assignments shall be entered in the records of the township, village, or city, and they may be revoked when the said township, village, or city officers may think proper. When places be- [1383.] SEC. 47. When any place or building so assigned shall come a nuisance assignment may become a nuisance by reason of offensive smells or exhalations probe revoked, &c. berevoked, & ceeding therefrom, or shall become otherwise hurtful or dangerous to the neighborhood, or to travelers, and the same shall be made to appear on a trial, or the admission of the person exercising such trade or em ployment, before the Circuit Court for the county, upon a complaint made by the Board of Health, or by any other person, the said Court may revoke such assignment. and prohibit the further use of such place, or building, for the exercise of either of the aforesaid trades or employments, and may cause such nuisance to be removed or pre vented. Actionor danthes [1384.] SEC. 48. Any person injured, either in his comfort, or the enjoyment of his estate, by any such nuisance, may have an action on the case for the damages sustained thereby, in which action the defendants may plead the general issue, and give any special matter in evidence. BOARDS OF HEALTH IN CITIES AND VILLAGES. Who to constitute [1385.] SEC. 49. The Mayor and Aldermen of each incorporated Board In cities and villages. city, and the President and Council, or Trustees of each incorporated village in this State, shall have and exercise all the powers, and per form all the duties of a Board of Health, as provided in this chapter, within the limits of the cities or villages respectively of which they are such officers. 224 Townsh Laaw8 of gigchigan. [DI.,. XXI. DIV. XXIL] Drg of Sw3, A!r8Ae8, O. 225 p DIVISION XXII. OF THE DRAINING OF SWAMPS, MARSHES, CMP L 1857. Chap. xx M. AND OTHER Low LANDS, THAT AFFECT INJURIOUSLY THE PUB- P- 441. LIC HEALTH. Chapter One Hundred and Thirty-One of the Revised Statutes of 1846. OF THE DRAINING OF SWAMPS AND OTHER LOW LANDS. [1386.1 SECTION 1. Any person owning or possessingany swamp, Owner of swamp, _&c., may appyt marsh, or other low land, who shall desire to drain such land, and who &TownshipaPlorYtdo. shall deem it necessary, in order thereto, that a ditch or ditches should 189, pa153. be opened through lands belonging to other persons, in case the owners of any such lands shall refuse to permit the opening of such ditch, or ditches, through the same, may make application, in writing, to the Township Board of the township where such marsh, swamp, or other low lands shall be situated, to inquire and determine whether such marsh, swamp, or other lands are a source of disease to the inhabitants, and whether the public health will be promoted by draining the same.48 [1387.] SEC. 2. Upon such application being made to the Town-Determnination, certificate of ship Board, they, or a majority of them, shall inquireand determine. Board and appli for sumand certify under their hands, whether the marsh, swamp, or other mti~ f~s low lands, are a source of disease, and whether the public health will be promoted by draining the same, and if they shall certify that the same are a source of disease, and that the public health will be promoted by draining the same, the person or persons making such application may file such certificate with any Justice of the Peace of the township in which the lands are situated, through which any such ditch is proposed to be opened, and apply for such summons as is hereinafter specified.49 48Form of Application to Township Board for draining Swamp, Marsh, or other low lands. To the Township Board of the Township of Amboy in the County of Hiilsdale. The undersigned, owning the following described lands (here describe the lands) in said township, which lands (or a greater part thereof, or as the case may be,) are swamp lands, and being desirous to dra,in such lands, and deeming it necessary thereto that a ditch or ditches should be opened through lands belonging to other persons, to wit: L. M., O. P., &c., who refuse to permit the opening of the same through their lands, do hereby make application to you and ask that you will inquire into the matter and take such measures as will be necessary for the opening of such ditch or ditches. Dated this - day of - A. D. 18-. JOHN JACKSON. 49Form of Certificate by Township Board, where swamp or low lands are a source of disease. Ingham County, Township of Wheatfied, ss Application in writing having been made by John Jackson to us, the undersigned Township Board of said township, for that purpose we did on theda y of -A. D. 18- proceed to inquire, as to whether a certain marsh, ex Ta o T DIV. xxII.] Dgraining of Swamps, Marshes, &c. 225 26 Towp' Laws of egairb. LD xx'J Summon s to be issuedby Justice. [1388.] SEC. 3. The Justice to whom such application shall be made, shall thereupon issue a summons, directed to the Sheriff or any Constable of the same county, requiring him to summon nine reputa ble freeholders of such county, who are not interested in the said lands, nor in any of them, nor in any wise of kin to either of the par ties, to be and appear on the premises, at a certain time to be specified in such summons, not less than ten, nor more than twenty days ftom the date thereof.5 Summons to di- [1389.] SEc. 4. Such summons shall also direct the Sheriff or rect notice to begiven to owner.' Constable to give at least six days' notice to the owner of such lands, of the time at which such jury is to appear. eSummons,ow [1390] SEC. 5. The officer to whom such summons shall be executed. delivered, shall execute the same by summoning such jurors, in the same manner, and with the like authority, as upon venires issued in cases pending before Justices of the Peace, and shall in like manner make return thereof, and of the fact of his having given the notice therein required. Jutice to atteni [1391.] SEC. 6. The Justice shall attend at the time and place ster oath, &c. specified in the summons, and it it appear that due notice has been given, as required in the summons, and if six or more of the nine free tending over lands owned by said John Jackson, described describe the lands of the applicant,) is a source of disease, and public health will be pro(moted by draining such marsh, and that such marsh is a source of disease, and that the public h moted by draining the same, and that a ditch for that purpose through the lands of L. M. and O. P., &c. In witness whereof, the persons composing the Township unto set their hands this day of - A. D. 18-. A. B., C. D., E. F., G. H., Township Board. 50Form of Justie's Summons for a Jury. Ionia County, 1 Township of Boston, ss To the Sheriff or any Constable of said county, Greeting: Whereas, John Jackson has filed with the undersigned Justice of the Peace of said township a certificate of the Township Board of said township, setting forth that a certain marsh, extending over lands owned by said John Jackson, described as follows: (here describe the lands.) is a source of disease, and that the public health will be promoted by draining the same, and that a ditch for that purpose will be required through the lands of L. M. and 0. P., &c.; these are therefore in the name of the people of the State of Michigan, to require you to summon nine reputable freeholders of said county, who are not interested in the lands before described, nor in the said lands of the said L. M. and 0. P., &c., nor in any of them, nor in any wise of kin to either of the parties hereinbefore mentioned, to be and appear on said premises on the day of, A. D. 18-, at - o'clock. And you are directed to give at least six days' notice to the said L. M., O. P., &c., of the time at which such jury is to appear as herein specified, and hereof fail not. Given under the hand and seal of said Justice, this - day of A. D. 18-. JOHN OAKS, [sEAL.] Jiustice of the Peace. 226 Tlown*,hi Law8 nof Sig-,ha. [DIV. xXI. .Draning of Swamps, Marshes, &c. holders, as above specified, shall then and there appear, he shall administer to each of them an oath or affirmation. well and truly to examine and certify, in regard to the benefits or damages which will result from the opening of such ditch or ditches. v [ 1392.] SEc. 7. The person applying to have such ditch or ditches Proceedings by opened, shall then deliver to the jury a map of the land through which Jury. the same are proposed to be opened, on which map the plan, length, width and depth of such ditch or ditches shall be particularly designated; and thereupon the jury shall personally examine the premises, and hear any reasons that may be offered in regard to the question submitted to them; and they may, if they tbhink proper, vary the dimensions of any ditch so proposed to be opened; but in such case they shall designate on the said map the alterations made by them. [1393.] SEC. 8. If, after taking all the circumstances into conside-Inquisition of ' Jv, r~~~~~~~y to be certlration, the jury shall be satisfied that the opening of such ditch or e to b C ditches is necessary and proper, they shall so certify by inquisition in writing; and if so satisfied, they shall further certify by such inquisition, that the benefits which will accrue to the owner of the lands, from the opening of such ditch or ditches, will or will not be equal to any damages that hlie will sustain thereby; and if such benefits shall be certified not to be equal to the damages, the jury shall assess the damages which, in their judgment, will be sustained by such owner, and certify the same in like manner.51 [1394.] Sec. 9. Every such inquisition shall be signed by all the Inquisition to be jurors. and delivered to the Justice; and the Justice, jurors, and offi- Justice; fees of cer serving the summons, shall be entitled to receive the same fees~ fftcers and Jury.' for their services under the provisions of this chapter, as are allowed by law for similar services in causes tried before Justices of the Peace. [1395.] SEC. 10. Upon payment or tender of the damages assess-whenappricant may enter and ed by the jury, and the costs of such assessment, or if no damages open ditch. shall have been found by them, upon payment of the costs of the proceedings, and the delivery of the certificate of the jury to the Justice, it shall be lawful for the person applying for such summons to enter, with his servants, teams, carriages, and necessary implements. upon such lands, and then and there to cut and open such ditch or ditches as were designated on the said map, according to the plan and dimensions therein specified and adopted by the jury, not deviating materially from such dimensions. 51lForm of Certificate of Jury in relation to Opening Ditches. We, the undersigned Jury, being summoned and duly sworn for that purpose, having proceeded and truilv examined as to the necessity and propriety of opening a ditch, as shown by the annexed map, (let the map be annexed,) and having heard all the reasons that were offered in regard to the question submitted to us concerning the opening of said ditch, do hereby certify that, after taking all circumstances into consideration, we are satisfied that the opening of such ditch is necessary and proper, and do so declare; and we do further certify, that the benefits which will accrue to L. M., O. P., &c., owners of lands through which said ditch is to be opened, from the opening thereof, will be equal to any damages that they will sustain thereby. Witness our hands, this day of - A. D. 18-. (To be signed by all thl Tury.) DIV. XXH.] 227 228 Town8 LaWs of [DIV. XXII. Ditch may be cl eared and [1396.] SEc. 11. After such ditch or ditches shall have been timscoure frttiome opened, it shall be lawful for the said applicant, his heirs or assigns, forever thereafter, from time to time, as it shall be necessary, to enter upon the lands through which such ditch or ditches shall have been opened, for the purpose of clearing out and scouring the same, and then and there to clear and scour such ditch or ditches, in such man ner as to preserve the original length, depth, arid width thereof. Double damages [1397.] SEC. 12. Any person who shall dam up, obstruct, or in any for obstructing or ljinJuringditch,&c. way injure any ditch or ditches so opened, shall be liable to pay to the person owning or possessing the swamp, marsh or other low land, for the draining of which such ditch or ditches shall have been opened, double the damages that shall be assessed by the jury for such injury, and in case of a second, or other subsequent offence by the same per son, treble such damages. Justice to cause d [ 1 398.] SEC. 13. The Justice before whom such proceedings shall maps to be:filed L ro-dig with Township be had, under this chnpter, shall cause the map delivered by the appliClerk. cant, and the inquisition of the jury, which he shall certify to have been taken before him, to be filed in the office of the clerk of the township wherein the premises shall be situated, to be kept in his office, as a record of the proceedings between the parties. An Act to Provide for the Draining of Swamps, Marshes, and other Low Lands. [Approved February 17,1857. Laws qf 1857, p. 431.] Board of Super- [1399.] SECTIoN 1. The People of the State of Michigan enact, visors to apon Commissioners oPThat the Board of Supervisors in any organized county of this State superintend. shall have power to appoint three Commissioners, to superintend the drainage of lands. 1haepwrtreomiioesth drainage of swamps, marshes, and other low lands, in their respective counties, according to the provisions of this act, as do in their judg ment affect injuriously the health of the inhabitants. Oath. [1400.] SEC. 2. Before entering upon their duties as CommissionLaws 1859, p. 499. era, they shall severally make oath, before some person duly authorized to administer oaths, that they will justly and impartially discharge the duties assigned them by this Act; which oath shall be by them filed in the County Clerk's offiee; and they shall, thereupon, choose one of BoardofOommis-their number chairman, and one as clerk, which shall constitute them sioners., c an organized Board of Commissioners. Constructionof [1401.] SEC. 3. Upon application, in writing, to said Commissionditches. Laws 18S59, p. 499. ers, by any ten or more resident freeholders of the township or town ships, where said ditch is desired to be constructed, for the construction of any ditch or ditches, pursuant to the provisions of this Act, it Proceedings. shall be the duty of said Commissioners to examine personally, the marshes and other low lands designated in such application; to make such observations and surveys as they may deem necessary to deter mine the route and dimensions of the several ditches required to be cut in, or from the same, together with their length, breadth and depth. And if, in the'opinion of said Commissioners such ditch or ditches .rovisionforjuryshould be constructed, the chairman of the board shall thereupon issue a venire, under his hand, directed to any Constable of said ITown8hip -Laws of -Vichigan. 228' FDiv. xxii. DIV. xxi'.] rng of Swmp, Mar8s, O. 229 county, commanding him to summon twelve freeholders, therein named by said Commissioners, and not directly or indirectly interested therein, of the township or townships where such ditch or ditches are to be constructed, to be and appear before said Commissioners, at such time and place in said county as may be designated in said venire, to deter mine the necessity for the construction of any such ditch or ditches, and the amount of damages sustained by any person or persons, own ing or interested in any of the lands through which the same shall be constructed. [1402.] SEC. 4. Said Commissioners shall also make an estimate commissionersto estimate and ap of the sum necessary to be raised to pay the expenses orfmaking such portion expense ditches or drains, including all incidental expenses. They shall also of ditches andtbe cause maps to be make an estimate of the sum that ought to be levied on each section, made or part of a section of land in such marshes or other low lands, in such proportion as they shall deem just, according to the benefit that will accrue to each by making any such ditches or drains; and they shall cause maps of said lands to be made, designating thereon the length, depth, width, position and direction of every ditch or drain by them laid out or contemplated; said map shall also contain a description of every section, or part of a section upon which estimates have been made, with the amount of such estimate: also the aggregate amount to be collected in each township. [1403.] SEC. 5. Said Commissioners shall contract for the perform- To contract for ance of the work and materials required to complete such ditches and making ditches. drains; but contracts shall be upon reasonable public notice, published not less than three weeks in some newspaper printed in the county, or if no paper be printed in the county, in a newspaper printed in some county nearest thereto, and such other notice as to them shall seem proper, and shall be subject to the action and judgment of the Circuit Court, as hereinafter specified. [1404.] SEc. 6. Said Commissioners shall make a full report to Report to Circuit the Circuit Court of all their doings in the premises, accompanied by Laws 1s59, p.499. maps, estimates, statements of contracts, and other matters necessary to a full exhibition and understanding of their action. Such report shall be filed in the office of the County Clerk of said county at least three weeks before it be acted upon by said Court; and the Commissioners shall give notice at least three weeks, by publication in a news- Notice. paper printed in the county, or if no newspaper be printed therein, by posting notices upon the outer door of the Court House in said county, and in five or more public places in each township or townships in which such ditch or ditches, or drains, are to be made, that they will on some day, to be by them specified, present said report to the Circuit Court for confirmation; and on such day, or some other day thereafter as may be appointed by said Court, any person interested may appear and object to the confirmation of said report, and the Confirmationof Court may, for good cause shown, amend or set aside said report, and report. direct new examination or surveys, when, in the opinion of the Court, justice or equity requires it; but if no good cause be shown against it, the Court shall confirm the report; but if the aggregate estimate DIV. XXII.] .Drain' of Swam mg ps, Marshes, &c. 229 230 Town8p Lw8 of Micig. [DIV. XXII. for the construction of any ditch or drain shall not exceed the sum of When confiIiraes- fifteen hundred dollars, it shall not be necessary for said Commission ers to apply to the Court for confirmation of the report, but they may proceed at once in the construction of such ditch or drain, conforming in all other respects to the provisions of this act. Confirmed report, [1405.] SEC. 7. The Commissioners shall cause a copy of the when -iled. LawSi859, p.499,report, confirmed by the Circuit Court, (where a confirmation is required by the preceding section,) to be filed in the office of the Auditor-General of the State, and in the office of the Treasurer of the county. They shall also cause a copy of the same to be laid before the Board of Supervisors of said county, at their annual session on the Duty of Board of second Monday in October following; and the said board shall charge Supervisors. Superviors the aggregate sumns as they are apportioned, against the proper town ships, and shall direct the Supervisor of each township in which any portion of said ditches or drains may be- constructed, or tax levied, to levy the same upon the several sections or parts of sections, and other lands, described as being in his township, and direct the Township Treasurer to collect and pay said sums to the County Treasurer, in like manner and at the same time with other county taxes; and where no confirmation of the Circuit Court is required, they shall make a report in like manner to the Auditor-Genera], County Treasurer, and to the Board of Supervisors of said county, as is required in cases where a confirmation is required. Delinquent for [1406.] SEa. 8. All lands upon which a delinquent tax shall be esIbid. levied by virtue of this act for taxes which may be returned to the office of the Auditor-General delinquent for such tax, shall be adver tised and sold for such taxes, at the same time and in the same man ner, and subject to like redemption, as lands delinquent for other taxes. Relocation of [1407.] SEC. 9. Said Commissioners shall have power to locate or drains. —Ibid. re-locate ditches or drains, or to alter or vary the size thereof: ProProviso. vided, That no such alteration or variation shall be made without the consent of the contractor; but if at any time said Commissioners shall extend, alter, locate, or re-locate any drain, the estimated cost of which shall exceed fifteen hundred dollars, so as to increase the expense of such drain, then and in such case, they shall make report of their Report to Circuit doings from time t* time, according to the facts, to the Circuit Court Court of the proper county, who shall in all cases act in accordance with the provisions of this act. Power of corn- [1 408.] SEC. 10. The power herein conferred upon said Commismissioners to. deepen, widen sioners for digging and draining, shall also extend to, and include and clear out ditchesar. deepening, widening, and clearing out any ditches that have heretofore, or may be hereafter constructed. Fine for injuring [1409.] SEC. 11. If any person shall willfully or maliciously drain. drain. obstruct, or injure any drain laid out by, and under the provisions of this act, he shall be subject to a fine not exceeding ten dollars, toge. ther with such sum as will be required to repair such damage. and costs of suit, which fine may be recovered in an action of debt at the suit of any one of said Commissioners, before any Justice of the Peace Town,,Rhi.p Law,8 of Michigan. 230 [DIV. XXH.. liv.| xxi. v fSap,~rkg C of the proper county, and when any recovery shall be made, and the same collected, it shall be paid to the complainant, and be by him deposited with the Township Treasurer in the township where such damages occurred, for the benefit of highways in such township. _Money not to be [1410.3 SEc. 12. No money shall be paid by any County Tre-aade by Cottntybe surer of any county in which a tax is assessed for the purposes of draisurert or ~' -'~... ~ ~2. ct~~~~~~~~~~rainage out of drainage under this act, or any warrant drawn by the said Commis- any other fund. ~'' Laws 1 859, p. 499. sioners, out of any other fund than that derived from such taxes. Laws 185, p.499. [1411.] SEC. 13. The Commissioners shall each be entitled tocompeinssatioenrsof ~ ~~~Commissioners. receive one dollar and fifty cents per day for the time actually spent by them in performing their duties under this act; but before they shall receive any pay, their respective accounts shall be sworn to by them, and taxed by the Judge of the Circuit Court of the county, and the bills filed in the office of the Treasurer of said county, who shall pay them out of the moneys collected by virtue of this act, and not otherwise. [1412.] SEc. 14. Whenever any order drawn by the Commission- When orders may drwinterest. ers shall be presented to the County Treasurer, and there shall be nodrawnterest funds in,his hands applicable to the payment thereof, the County Treasurer shall endorse thereon the date of such presentation, with his signature thereto. Such orders shall draw interest from and after such presentation and endorsement. [1413.] SEC. 15. Whenever any drain shall be laid upon any pub- Keepingdrains lic road, or where drains -have been laid, and roads shall hereafter be open. laid out beside said drain, it shall be the duty of Commissioners of Highways and Overseers of their respective districts to keep said drains opened and free of all obstructions. [1414.] SEC. 16. All claims arising under the preceding sections By whom claims audited and by of this act, whether on contract, labor performed, or any other ser-whompaid. vices, shall be audited by the Commissioners, (except for their services as Commissioners,) and paid on their order by the County Treasurer of the county out of any funds in his hands created by this act, and not otherwise. [1415.] SEC. 17. All bids made for any of the lands which may Bids at sale may .be paid in warbe sold for taxes assessed under the provisions of this act, may beberantsl dranwnar O.udrantls dact. paid in warrants drawn under the provisions of this act, by the Com- under thisact missioners, on the Treasurer of said county in which the lands sold are situated, if drawn for the construction of the said ditch, or Commissioner's service. for which said lands are to be sold, and such warrants shall, if tendered, be received by the Auditor-General, or Treasurer of the county in which they were drawn, in payment for any such tax that may be returned delinquent. [1416.] SEc. 18. For the information of all persons concerned, Annual report of Commissioners. the said Commissioners shall make a full report in writing to the Board of Supervisors of the proper county, at the next and each annual session thereafter, setting forth as near as practicable: 1. What proportion of the ditches or drains for the construction of which a tax has been levied, are completed, and the amount paid therefor; Drv,. xxii.] -Drain of Swam.ps, Mar8heg, &c. 231 232 Town8p' Lw8 of AieAiga. [[)tv. 2. What proportion is under contract and not completed, and the amount to be paid therefor, and whether such contract or contracts are likely to be performed; also the proportion not yet under con tract, and the estimated cost of their construction; and whether there is a sufficient amount of unexpended funds created by such tax to complete the work; 3. What amount of such funds had been expended and for what purpose, exhibiting the items of such expenditure as fully as may be practicable; and also what amount of warrants has been drawn by them against such fund, and shall also report all such other matters in relation to the subject as they may deem necessary, or said Board of ower of Boards Supervisors may require. of Supervisors [1417.] SEC. 19. The Board of Supervisors of the several counowith reispect to ties in which such Commissioners shall be appointed, shall have full 'Commissioners and drains. power and authority to control the action,of such Commissioners, and may make any order in relation to such ditches or drains, or other matters relating thereto, not inconsistent with the public interest or the rights of individuals, which order shall be binding on such Com missioners. The Board of Supervisors shall also have power and authority, for any cause by them deemed sufficient, to remove any or all of such Commissioners, and appoint others in their stead, with like powers and subject to the same liabilities: Provided, That nothing contained in this act shall be construed as to affect any contract, vested right or interest existing, made or created at any time previous to the passage of this act. All acts or parts (of acts) contravening the pro visions of this act, are hereby repealed. Jury. Laws 1859, p 499. [1418.] SEC. 20. Upon the return of the venire issued pursuant to the provisions of section three of this act, if the jurors shall not all appear within one hour after the time of appearance named in the venire, the chairman of the board shall direct the officer to summon a sufficient number of freeholders, naming them in the vicinity, as talesmen, to complete the panel; and when the jurors have appeared, Oath of Jurors. the chairman shall administer unto each of said jurors an oath well and truly to examine and determine the necessity for constructing such ditch or ditches, and to assess the damages sustained by any person or persons owning the lands through which the same shall pass. Jandasoeeesstdmam-e [1419.] SEC. 21. The jury shall thereupon proceed to examine such andasess.a —id ages.-Ibid. swamp, marsh, or other low land, to determine the necessity for constructing such drain or drains, and if they shall, on a careful examination of the whole matter, be of the opinion that it is necessary to construct said drain or drains, they shall proceed to assess the damage which any person or persons shall sustain by reason of the construction of the same, and shall certify in writing their doings, and the amount of any damage so assessed, to the chairman of said Board of Commissioners, and said jurors shall be entitled to receive one dolCompensation of lar per day each, and six cents per mile for traveling in going to the Jurors. place or places where such drain or drains shall be located, to be paid according to the provisions of this act. Daimages, how.[1420.] SEc. 22. If damages shall be assessed by any jury, under pad.Ibd. the provisions of this act, and certified as aforesaid, said Commission Trowns,4ip lawgs of ffctihgan. .[Df-t. AX'. 232 DIV. xxn.] 1)rg of Swamp8,88, & 233 ers shall thereupon issue their order upon the County Treasurer of said county, for the amount of such damages, to any person or persons, their agents or attorneys, entitled thereto; such order or orders shall be paid by said Treasurer out of any money in the treasury, in pursuance of the provisions of this act. [1421.] SEc. 23. Whenever application shall be made, as pro-Applicant to pay cost, when revided in the third section of this act, to said Commissioners to exam- quest is not ine any swamp, marsh, or other low land, and said Commissionersgranted'-bid shall proceed to examine the same, and it appears, on such examination, that there was no sufficient cause for making such application, and the Commissioners shall determine Ihat no ditch or ditches asked for by said applicants is needed, said applicants shall beliable to said Commissioners for the amount of all costs and expenses incurred by them in making such examination; and if said applicants shall neglect to pay the same on demand thereof being made, said Commissioners may recover the same in an action of assumpsit, or on the case, before any Justice of such county. [1422.] SEc. 24. Said Commissioners shall have power to apply Special Commis . tsoners to assess to any Judge of a Court of Record of such county, for the appointment damages.-lbid. of three Commissioners to determine the necessity for constructing any ditch or ditches. and to assess the damages to which any person or persons shall be entitled by reason of the construction thereof, in the same manner and under the same restrictions imposed on a jury of freeholders in section twenty-one of this act, and in such case it shall not be necessary to empannel any jury as provided by this"'act. [1423.] SEc. 25. Anything contained in these amendments or in Prior contracts, &c., not affected. the act hereby amended, shall.not be construed or held to annul or Ibid. avoid any engagement, contract or undertaking heretofore entered into by the Commissioners of any county under the act hereby amended. This act is ordered to take immediate effect. la . -Draining of Swam.p8, Marshes, &c. DIV. -1 233 0 23 Tow Laws of icgan. [D xxIn. CoMP. L. 1857, DIVISION XXIII. - OF THE SUPPORT OF POOR PERSONS BY Chap. XXXIX.,1 TE Te p. 451. THEIR RELATIVES. Chapter Thirty-Seven of Revised Statutes of 1846. tCoertua ppoPrtpoonr [1418.] SECTION 1. The father, mother, and children, being of relations. sufficient ability, of any poor person who is blind, old, lame, impotent, or decrepit, so as to be unabl# to maintain himself, shall, at their own charge, relieve and maintain such poor person, in such manner as shall be approved by the Directors of the Poor of the township where such poor person may be. Iupcaseotenfilret, [1419.] SEC. 2. Upon the failure of any relative to relieve and cto applyto Circuit maintain any such poor person, it shall be the duty of the Superintencourlt~ dents of the Poor of the county where such poor person may be. to apply to the Circuit Court for the county where such relative may dwell, for an order to compel such relief; of which application at least fourteen days' notice in writing shall be given, by serving the same personally, or by leaving the same at the dwelling place of the person to whom it may be directed, in case of his absence therefrom, with some person of sufficient age. ordttake J1420.] SEC. 3. The Court to which such application may be made, shall proceed in a summary way to hear the proofs and allega tions of the parties, and shall order such of the relatives aforesaid of such poor person, as appear to be of sufficient ability, to relieve and maintain such poor person, and shall therein specify the sum which will be sufficient for the support of such poor person, to be paid weekly. Order in which [1421.] SEC. 4. The said Court shall also in such orders direct the relations are liable. relative or relatives who shall perform that duty, in the following order: the father shall be first required to maintain such poor person, if of sufficient ability; if there be no father, or he be not of sufficient ability, then the children of such poor person; if there be no such children; or they be not of sufficient ability, then the mother, if she be able to do so. Contribution, [1422.] SEC. 5. If it shall appear that any such relative is unable when to be ordered. wholly to maintain such poor person, but is able to contribute towards his support, the Court may, in its discretion, direct two or more rela tives of different degrees to maintain such poor person, and shall pre scribe the proportion which each shall contribute for that purpose; and if it shall appear that the relatives liable as aforesaid are not of sufficient ability wholly to maintain such poor person but are able to contribute something therefor, the Court shall direct he sum; in pro portion to their ability, which such relations shall severally pay weekly for that purpose. Orper what to [1423.] SEC. 6. Such order may specify the time during which specify; may be varied in certain the relatives aforesaid shall maintain such poor person, or during which cases.~~~~~~~~~~~ 234 Townshidp -Laws of.Michigar. [DIV. XXIII. DW. xxin.] of Poor by Pe1ves. 285 any of the said sums so directed by the Court shall be paid, or it may be indefinite, or until the further order of the Court; and the said Court may from time to time vary such order, whenever circumstances shall require it, on the application either of any relative affected thereby, or of any Superintendent of the Poor, upon fourteen days' notice being given in the manner aforesaid. [1424.] SEC. 7. The costs and expenses of any application under Payment of costs and expenses, &c. the provisions of this chapter, shall be ascertained by the Court, and hodw enforc&Ce. paid by the relatives against whom any order may be made, and the payment thereof, and obedience to the order of maintenance, and to any order of such Court for the payment of money as aforesaid, may be enforced by process of attachment from such Court.' [1425.] SEC. 8. If any relative who shall have been required by Action may be to brought by Supersuch order to relieve or maintain any poor. person, shall neglect o ntendant ncase do so in such manner as shall be approved by the Directors of the of neglect, &c. Poor of the township where such poor person mnay be, and shall neglect to pay to the Superintendents of the Poor of the county, weekly, the sum prescribed by the Court for the support of such poor person, the said Superintendents may maintain an action against such relatives, as for moneys paid, laid out and expended, and shall recover therein the sum so prescribed by the said Court for every week the said order shall have been disobeyed, up to the time of such recovery, with costs of suit, for the use of the poor. [1426.] SEc. 9. Whenever the father, or the mother, being a widow When Superin ~tendents may apor living separate from her husband, shall abscond from his or her ply for warrant to Iseize estate of children, or a husband from his wife, leaving any of them chargeable, person abscondg. or likely to become chargeable upon the public for their support, the Superintendents of the Poor of the county where such wife or children may be, may apply to any two Justices of the Peace of any county in which any estate, real or personal, of the said father, mother or husband may be situated, for a warrant to seize the same. [1427.] SEC. 10. Upon due proof of the facts aforesaid, the said When warrant to Issue, and duty of Justices shall issue their warrant, authorizing the said Superintendents Superintendents thereon. to take and seize the goods, chattels, effects, things in action, and thethere 'lands and tenements of the person so absconding; and the said Superintendents, by virtue of such warrant, may seize and take the said property, things in action, and effects, wherever the same may be found in the same county, and they shall be vested with all the rights and title to the said property, things in action, and effects, which the person so absconding had at the time of his or her departure. [1428.] SEC. 11. All sales and transfers of any personal property sales by owner -' after warrant left in the county from which such person absconded, made by him or issued to be void. her after the issuing of such warrant, whether in payment of an antecedent debt, or for a new consideration, shall be absolutely void; and the said Superintendents shall immediately make an inventory of the Inventory and return by Superproperty, things in action, a,nd effects so seized by them, and return intendents. the same with their proceedings, to the next Circuit Court for the county in which such Superintendents reside, there to be filed. D.rv. xxiDA.] Sitpport of the Poor by Relatives. 235 ..t, 236 Towsp W8 of MAigan. [DIV. xxm. CircultCourt may [1429.] SEC. 12. The said Circuit Court, upon inquiry into the confirm or discharge warrant, facts and circumstances of the case, may confirm the said warrant and &c, seizure, or may discharge the same; and if the same be confirmed, such Court shall, from time to time direct what part of the personal Order for sale. property shall be sold, and how much of the proceeds of such sale, and of the rents and profits of the real estate, if any, shall be applied towards the maintenance of the wife and children of the person so absconding. Sale of property ald of applicationpety [1430. ] SEC. 13. The Superintendents shall sell, at public vendue, of proceeds. the property so ordered to be sold, and receive the rents and profits of the real estate of the person so absconding, and shall apply the same to the maintenance and support of- the wife or children of the person so absconded, and for that purpose shall draw on the County Treasurer therefor; and they shall account to the said Circuit Court for all moneys so received by them, and for the application +hereof, from time to time, and may be compelled by said Court to render such account at any time. When two ssWtices may diJs- [1431.] SEC. 14. If the party so absconding return and support charge order. the wife or children so abandoned, or give security to the Superintend ents of the Poor of such county, to be approved by two Justices of the Peace of. such county, that the wife or children so abandoned shall not become, or thereafter be chargeable to the county, then such warrant shall be discharged by an order of such Justices, and the property taken by virtue thereof, and remaining unappropriated, or the proceeds thereof, after deducting the expenses of the proceed ings aforesaid, shall be restored to such party. 236 I'owrnshp Laws of Mieh'ga. [DIV. XXM. Support of te Poor by the Public. DIVISION XXIV. - OF THE SUPPORT OF PooRI PERSONS BY THECo~mP. L 1857,' PUBLIC. IChap. XL., p. 455. Chapter Thirty-Eight of Revised Statutes of 1846. OF THE SUPPORT OF POOR PERSONS BY COUNTIES.A [1432 ] SECTION 1. Every poor person who is blind, old, lame, Poor persons, when to be mainsick, or decrepit, or in any other way disabled or enfeebled, so as to tainedby county. be unable to maintain himself, and who shall not be relieved or maintained by his relatives as provided in the preceding chapter, shall be maintained by the county in which he may be, according to the following provisions: [1483.] SEC. 2. It shall be the duty of the Board of Supervisors Appointment of Superintendents, of each county, at their annual meeting in each year, to appoint three their oath of discreet freeholders of such county to be Superintendents of the Poor office. within the same, who shall hold their offices for one year, and until others shall be appointed in their places and duly qualified, and who shall take the oath of office prescribed in the twelfth article of the const., Art. s. Constitution, and file the same with the County Clerk. [ 1434 ] SEC. 3. A majority of the persons so appointed shall be Compensation. at all times competent to transact business, and to execute any powers vested in the Board of Superintendents; and theyshall be allowed such sum for their actual attendance and services, as the Board of Supervisors pf the county shall deem reasonable. [1435.] SEC. 4. They shall be a corporation by the name of the To be acorpora tion, their powers Superintendents of the Poor of the county for which they shall be ats such, &P.wer appointed, and shall possess the usual powers of a corporation for public purposes, and they shall meet as often as the Board of Supervisors of the county shall direct, at the County Poor House, if there be one, and if not, then at the place of holding the Circuit Courts in their county, and at such other times and places as they shall deem necessary. [1436.] SEC. 5. They shall have the general superintendence of Specficaton of ertain powers all the poor who may be in their respective counties, and shall have and dutie. power, and it shall be their duty: 1. To have charge of the County Poor Houses that have been or shall be erected, and to provide suitable places for the keeping of such poor, when so directed by the Board of Supervisors, when houses for that purpose shall not have been erected by the county, and for that purpose to rent a tenement or tenements, and land not exceeding eighty actes, and to cause the poor of the county to be maintained at such places; ain 1849 an Act was passed authorizing the County Superintendents of the Poorof Berrien County to contract with one or more persons for the support of all, or any, of the County Poor of that County. Laws of 1849, p. 188. DIV. XXTV.] 237 238 Tow Le of [DW. xxIv. Specification of 2. To ordain and establish prudential rules, regulations, and by-laws, certin powers and duties. for the government and good order of such places so provided, and of the County Poor Houses, and for the employment, relief, manage ment, and government of the persons therein placed; but such rules, regulations, and by-laws shall not be valid until sanctioned by the Judges of the County Court; 3. To employ one or more suitable persons to be keepers of such houses or places, and all necessary officers and servants; and to vest in them such powers for the government of such houses as shall be necessary, reserving to the paupers who may be placed under the care of such keepers, the right to appeal to the Superintendents; 4. To purchase the furnitures implements, and materials that shall be necessary for the maintenance of the poor, and their employment and labor, and to sell and dispose of the proceeds of such labor, as they shall deem expedient; 5. To prescribe the rate of allowance to be made by any persons for bringing paupers to the County Poor House or place provided for the poor, subject to such alterations as the Board of Supervisors may, by general resolution, make; 6. To authorize the keepers of such houses or places to certify the amount due to any person. for bringing such paupers; which amount shall be paid by the County Treasurer, on the production of such certificate, countersigned and allowed by any two of the Super intendents; 7. To direct the commencement of suits by any Directors of the Poor, who may be entitled to prosecute upon any recognizances, bonds, or securities taken for the indemnity of any township, or of the county, and in case of the neglect of any such Directors to commence and conduct such suits, without the authority of such d)irectors, in their names; 8. To draw, from time to time, on the County Treasurer for all necessary expenses incurred in the discharge of their duties; which drafts shall be paid by him out of the moneys placed in his hands for the support of the poor; 9. To render to the Board of Supervisors of their county, at their annual meeting, an account of all moneys received and expended by them, or under their direction, and of all their proceedings; 10. To pay over all moneys remaining in their hands to the County Treasurer, within fifteen days after the expiration of their office. Board of Super- [1437.1 SEc. 6. The Board of Supervisors of any county in this visors may determine to erect State, in which a County Poor House is not already erected, may, at diPoorerct HSuuperian any annual or special meeting thereof, determine to erect such house, tcehnde,nltsdto pur- for the reception of the poor of their county; and upon filing such determination with the Clerk of the county, they may direct the Su perintendents of the Poor of such county to purchase one or mare tracts of land, not exceeding three hundred and twenty acres, and to erect thereon one or more suitable buildings, for the purpose afore said. Town8h. laws of Michigan. 238 [DIV. XXIV. Support of the Poor by the Public. [1438.] SEc. 7. To defray the expenses of such purchase andTax to defray ex penses of buildbuildings, the said Board of Supervisors may raise, by tax on the tax- ing, &c. able real and personal property within the same county, a sum not exceeding seven thousand dollars, in such installments, and at such times as they may judge expedient; and such tax shall be raised, assessed, and collected in the same manner as the other county charges, and shall be paid by the County Treasurer, upon the order of the Superintendents of the Poor, to be applied for the purposes aforesaid. [1439.] SEc. 8. When any person shall apply for relief to any When poorper-v,d Director of the Poor, or to any Superintendent, he shall inquire into to Poor House. the state and circumstances of the applicant, and if it shall appear that the person so applying is in such indigent circumstances as to require permanent relief and support, and can be safely removed, the Director or Superintendent shall, by a written order, cause such poor person to be removed to the County Poor House, to be relieved and provided for, as his necessities may require. [1440.] SEC. 9. Every such person so removed shall be receivedTo bereceived and relieved. by the keeper of the County Poor House, and shall be supported and relieved therein, under the direction of the Superintendents, until it shall appear to them that such person is able to maintain himself, when the said Superintendents may, in their discretion, discharge him. [1441.] SEc. 10. The expense of such removal shall be paid by Expense of rethe County Treasurer, on the certificate of the keeper, countersigned moval, how paid. as aforesaid, at the rate which shall have been prescribed by the Superintendents. [1442.] SEc. 11. The Directors of the Poor House shall be al- Directors, when to be allowed lowed such sums necessarily paid out, or contracted to be paid by moneys paid out them, for the relief or support of any such pauper previous to such by them. removal, as the Superintendents shall judge were reasonably expended while it is improper to remove such pauper; which sums shall be aid by the County Treasurer, on the order of the Superintendents. [1443.] SEC. 12. If it shall appear that any such poor person so When Justice to order amount'to applying for relief as aforesaid, requires only temporary relief, or isbe expended for s0 sick. lame, or otherwise disabled that he cannot be safely Or con- temporary relief. leniently removed to the Poor House, and the application be made'to t Director, he shall apply to a Justice of the Peace of the same township, who shall examine into the facts and circumstances,.and shall, in writing, order such sum to be expended for the temporary relief of 3uch poor person as he shall deem the circumstances of the case to require. [1444.] SEC. 13. Such order shall entitle the Director to receive County Treasurer ~'to pay amount any sum which he may have paid out or contracted to pay within the expended, &c. amount therein specified, from the County Treasurer; but no greater sum than twenty dollars shall be so expended or paid for the relief of any one person, or one family, without the sanction, in writing, of one of the Superintendents of the Poor of the county, whicfi shall be presented to the County Treasurer with the order of the Justice. DIV. XXIV.] 239 240 TOWn8A4) lW8 of McJga [DIY. xxrv. Provisions for support f isdiotsor [1445.] SEC. 14. The Superintendents may provide for the sup and lUa aits outport of paupers that may be idiots or lunatics, out of the County of Poor ]douse.luaisouofteCut Poor House, in such place, and in such manner as shall best promote the interests of the county, and conduce to the comfort and recovery of such paupers. Punishment for re,,niovlg paupers [1446. J SEC. 15. Any person who shall send, carry, transport, re from one county move, or bring, or who shall cause or procure to be sent, carried, to another. transported, removed, or brought, any poor or indigent person from any county, into any other county, without legal authority, and there leave such poor person, or who shall entice such poor person so to re move, with intent to make any such county to which the removal shall be made, chargeable with the support of-such pauper, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be impris oned in the county jail not exceeding one year, or fined not exceed ing two hundred dollars, or both, in the discretion of the Court. Paupers removed &C., where to be [1447.] SEC. 16. The pauper so brought, removed or enticed, shall maintained; no- be maintained and provided for by the Superintendents of the Poor ticemaybegivenof the county where he may be, and the said Superintendents may give notice to either of the Superintendents of the Poor of the county from which such pauper removed, or was brought or enticed, informing them of such improper removal, and requiring them forth with to take charge of such pauper. Superintendents receiving notice [ 1448.] SEC. 17. The Superintendents to whom such notice maybe to pay exPenstehs, directed shall, within thirty days after the service thereof, take and &c., o~' denyth allegation of re- remove such pauper to their county, and pay the expenses incurred in moval within twenty days. giving such notice, and in maintaining such pauper from the time of his becoming a charge to the county in which he is maintained; or they shall, within the time aforesaid, notify the Superintendents from whom such notice was received, or either of them, that they deny the allegation of such improper removal or enticing. If Sutperinten- [1449.] SEC. 18. If the Superintendents to whom a notice shall notice is given, have been given, as provided in the sixteenth section of this chapter, omit to remove pauper, &c., they shall omit to take and remove such pauper, and also neglect to notify and their successorliable. such denial within the time aforesaid, they shall be liable for said ex penses so long as such pauper shall remain a charge; and an action for such expenses may be maintained from time to time by, and in the nate of the Superintendents ineurring the same, or their successors in office, against the Superiiendents so made liable, and their succes sors in office. On receiving no-[ 1450 ] SEC. 19. Upon receiving any such notice of denial as aforetice of denial, ac - tion to be corn- said, the Superintendents upon whom the same may have been served, nienced; cose quenceofcneglect. shall, within three months thereafter, commence an action against the Superintendents of the Poor of the county to whom the first notice was directed, for the expenses of supporting such pauper, as for mon eys paid, laid out and expended, and shall prosecute the same to ef fect; and if such action be not commenced within the time aforesaid, the same shall be for ever barred, and no action shall thereafter be brought for any expenses incurred in supporting or maintaining such pauper. 240 Towns6i2p Laws of.Mlc7 igan. [DIV. XXIV. DIV. xxiv.] St&or of e poor b t4e Pl 241 [1451.] SEc. 20. No Supervisor of any township, Prosecuting SuWpho not to be Attorney of any county, County Clerk, or County Treasurer, shall be appointed to, or hold the office of Superintendent of the Poor. [1452.] SEc. 21. The keeper of every Poor House shall be ex- Keepers exempt from militia empt from all service in the militia, and from serving on juries, service, &c. during the time he shall be such keeper. [1453.] SEC. 22. The places which shall be provided for the re- Places provided by Superintenception of the poor by the County Superintendents, pursuant to the dents to be deem ed Ploor HEouses. provisions of this chapter, shall in all cases be deemed to be theedrHues County Poor House; and all the provisions of this chapter, applicable to County Poor Houses, shall extend and apply to such places. [1454.] SEc. 23. Wherever there shall be in any county tent or Educatison of more paupers, over five and under eighteen years of age, the Superin- Laws 1859, p.200. tendents of the Poor of such county shall cause the same to be taught and educated in an apartment of the County Poor House, to be fitted up for that purpose. if it shall be convenient, and if not, then in some building or apartment to be provided by them for that purpose; and there shall be taught in such school the branches usually taught in the primary schools of this State; and the Superintendents are required to provide for the education of such paupers for at least one-half of the time they shall be under their charge, and the expenses thereof shall Expense, how be paid in the same manner as other contingent expenses are paid forpaid the support of such paupers: Provided, That when the number of Provso. such persons shall be less than ten, then the said Superintendents shall make such provisions for their education as to them shall seem just and proper. 1455.] SEc. 24. Any person who shall bring or remove, or cause Liability of per son removing to be brought or removed, any poor or indigent person, from any pauper from an other State. place without this State, into any county within it, with intent tother State make such county chargeable with the support of such paupers, shall forfeit and pay fifty dollars, to be recovered before any Justice of the Peace of the county into which such pauper shall be brought, or in which the offender may be; and shall also be obliged to convey such pauper out of the State, or support him at his own expense. [1456.] SEC. 25. It shall be lawful for the Justice or Court be- Magistrate may I require security. fore whom such person shall be convicted for a violation of the pro- t visions of the preceding section, to require of such person satisfactory security that he will, within a reasonable time, to be named by the Justice or Court, transport such person out of the State, or indemnify such county for all charges and expenses which may have been; or may be incurred in the support of such pauper; and if such person shall neglect or refuse to give such security when required, it shall be the duty of the Justice or Court to commit him to the county jail for a term not exceeding three months. SEc. 26.b [1457.] SEC. 27. All moneys which shall be collected by any Su.Money8c reeeivea ..by Di-rectors an-d perintendents, or by the Directors of the Poor of any township, or re- SuperintendOents Treasurer, atc. Treas-urer, So. bRelative to the disposition Of Moneys received for Licenses to Tavern Keepers, ComnLon Vtictuallers, or Retailers of Spirituous Liquors. No Law for such Licences Is now in force. V DIV. XX.] Support of the Poor by the Public. 241 I 242 Town8ip Lw8 of Afickig. [DIe XXIV. ceived by any of them on-any bond or other security given for the benefit or indemnity of any county, or of any township, and all other moneys which shall be received by such Superintendents or Directors for the benefit of the poor, shall be by them paid over, within thirty days after the receipt of the same, to the County Treasurer; and if not so paid. the same may be recovered in an action as for money had and received, to be brought by, and in the name of the County Treas urer, with interest, at the rate of ten per cent. from the time the same should have been paid over. Lupbirietnfdents [1458.] SEC. 28. Every Superintendent who shall neglect or re for nglect to fuse so to render an account or statement, or to pay over any moneys account, &c. as required in this chapter, shall forfeit the sum of two hundred and fifty dollars, and shall also be liable to an-action by, and in the name of the County Treasurer, as for moneys had and received, for all mon eys which may be in his hands after the expiration of his term of of fice, with interest thereon, from the time when the same ought to have been paid over. Estimate of [ 29 Th amountecEstimate of [sary 1459.] SEC. 29. The Superintendents of the Poor in each county for support of shall present to the Board of Supervisors at their annual meeting it poor, and collectionthereof. each year, an estimate of the sum which, in their opinion,. will be ne cessary during the ensuing year for the support of the county poor; and the said Supervisors shall cause such sum as they may deem ne cessary for that purpose to be assessed, levied and collected, in the same manner as the other contingent expenses of the county; to be paid to the County Treasurer, and by him to be kept as a separate Accoun fund, distinct from the other funds of the county. Directors a0nd [1460.] SEc. 30. The accounts of the Directors of the Poor, and Judstiteeds anhdow paid. of Justices of the Peace, for any personal or official services rendered by them in relation to the poor, shall be audited and settled by the Superintendents, and be paid on their order by the Cournty Treasu rer; but no allowance shall be made to any officer for attending any board with accounts, for the purpose of having the same audited or Annual report of paid. ASuperintendents. [1461.] SEc. 31. It shall be the duty of the Superintendents of the Poor of each county, on or before the twentieth day of December in each year, to report to the Secretary of State, in such form as he shall direct, the number of paupers that have been relieved or sup ported in such county the preceding year, the whole expense of such support, specifying the amount paid for the transportation of paupers, and any other items which do not constitute any part of the actual expense of maintaining such paupers, and the allowance make to Su perintendents, Directors. Justices, keepers and officers, the actual value of the labor of the paupers maintained, and the estimated amount saved in the expense of their support in consequence of their labor. Penaltyt mfor [1462.] SEc. 32. Any Superintendent who shall neglect or refuse report, &c. to make such report as aforesaid, or who shall willfully make any false report, shall forfeit one hundred dollars; and the Secretary of State shall give notice to the Prosecuting Attorney of the county of every such neglect or refusal, or misconduct. 242 Towns,4ip laws of.lichzian. [DIV. XXmV. Support of the Poor by te Pubzl?c. [1463.] SEC. 33. The Secretary of State shall annually lay be-Dutyof Secretat ry fore the Legislature, during the first month of its session, an abstract of said report. An Act to Amend Chapter Thirty-Eight of the Revised Statutes of Eighteen Hundred and Forty Six.c [Approved March 1, 1849. Laws qf 1849, P. 44.] SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That chapter thirty-eight of the Revised Statutes of eighteen hundred and forty-six be, and the same is hereby amended, by adding thereto a section to be numbered thirtyfour, as follows: [1464.] SEC. 34. Whenever, at the annual meeting of the Board Distinction be tween town and of Supervisors of any county, two-thirds of all the Supervisors elected ounty tpoor may be restored in shall vote to restore the distinction between town and county poor, a cberrtain tcases. record of such vote shall be made by the clerk of such county, and thereafter the system of maintaining the poor by townships, as it existed by law on the twenty-eighth day of February, A. D. one thous- see Sec. 34, and eight hundred and forty-six, shall be deemed as adopted and of Clause 11. force in such county: Provided, That bN a similar vote of twothirds, the Supervisors of such county may restore the provisions of chapter thirty-eight of the Revised Statutes. SEC. 2.a [1465.] SEC. 3. If any township shall not be charged with theTownshipstobe *p~~~~~~ r. * *.. acharged or creditrelief or support of any township poor, by the time of the annualedwith certa meeting of the Board of Supervisors in each year, or if the chargesbalance made by the County Treasurer against any township do not amount to the sum or sums paid into the Treasury by such township, then the balance found due each township respectively up to that time shall be deducted from the amount of State and County tax apportioned to each of the respective townships to which the County Treasurer stands indebted. SEC. 4. This act shall take effect and be in force from and after its passage. Chapter Two, Title Nine, Part One, of Revised Statutes of 1838.e [1466.] SECTION 1. Every poor person who is blind, lame, old, wPoo erPteons,ain sick, impotent, or decrepit, or in any way disabled or enfeebled, so as tained by county to be unable by his work to maintain himself, and who shall not be or township. relieved or maintained by his relatives, as provided for in the prece cThis Act, as well as the Chapter from the Revised Statutes of 1838, relative to County or Township PQor, is believed not to be in force, except in those counties in which the distinction between County and Township Poor was restored prior to April 8,1851, and which have not since abolished it. See Chapter X., Sec. 345, Clause 11. And except, perhaps, in the County of Saginaw. - In 1857, a special act was passed authorizing the Supervisors of Saginaw County to restore the distinction between Township and County Poor by a two-thirds vote, at any regular meeting. Laws of 1857, p. 205. For Special Acts on the same subject, relating to the counties of Wayne, Calhoun, and Van Buren, see Laws of 1847, p. 145; Laws of 1848, p. 241; Laws of 1849, p. 29. d Related to License Moneys. See note b. eSee note c. This Chapter was in force February 28,1847. The office of County Commissioner was abolished by Act No. 19, of 1842, (Laws of 1842, p. 22,) and the powers of the Board of Commissioners conferred, and its duties lnp,ose4, Upon the Board of Supervisors. DIV. XXIV.] 243 244 Tow8p Laws of [DIV. XXIV. ding chapter, shall be maintained by the county or township in which he may be, according td the following provisions: Distinction beDistweenctountyeand [1467.] SEC. 2. The Board of County Commissioners of any township poor county in this State, at any annual meeting, or at any special meeting maybeabo lished. called for that purpose, may determine to abolish all distinction be tween county poor and township poor in their counties respectively, and to have the expense of maintaining all the poor a county charge; and shall thereupon file such determination, duly certified by the clerk of the board, with the County Clerk. Superpintendents F 1468.] SEC. 3. It shall be the duty of the Board of County of the Poor, three L! -. C to be appointed Commissioners in every county to appoint three discreet frieeholders in each county. of such county, to be Superintendents of the Poor within the same, who shall hold their offices for one year, and until others shall be appointed in their places, and who shall take the oath prescribed in the Constitution of this State. A majority of the persons so ap pointed shall be at all times competent to transact business, and to execute any powers vested in the Board of Superintendents; they shall be allowed such sum for their actual attendance and services, as the Board of County Commissioners of their county shall deem rea sonable. To beabodycor- [1469.] SEC. 4. They shall be a corporation, by the name of the porate; have care 'of countypoor. Superintendents of the Poor of the county for which they shall be appointed, and shall possess the usual powers of a corporation for public purposes; they shall meet as often as the Commissioners of the county shall direct, at the County Poor House, if there be one, or at the place of holding Courts in their county, or at one of the places of holding Courts, if there be more than one, and at such other times Powersandduties and places as they shall think expedient; they shall have a general superintendence and care of the county poor who'may be in their re. spective counties; and shall have power, and it shall be their duty: Have charge of First. To have the charge of the County Poor Houses that have county poor. been, or shall be erected; or to provide suitable places for the keep ing of such poor, when so directed by the (Commissioners of any county, where houses for that purpose have not been erected by the county; and for that purpose to erect a tenement or tenements, and land not exceeding fifty acres, and to cause the poor of the county to be maintained in such places. ; estahBy- Second. To establish and ordain prudential rules, regulations and by-laws, for the government and good order of such places so provi ded, and of the County Poor Houses, and for the employment, relief, management, and government of the persons therein placed; but such rules and regulations shall not be valid, until sanctioned by the Board of County Commissioners. Employ keeper of Third. To employ one or more suitable persons to be keepers of oor House. such houses or places, and all necessary officers and servants, and to vest such powers in them for the government of such houses as shall be necessary, reserving to the paupers who may be placed under the care of such keepers the right of appeal to the Superintendents. teurals for hasmaU Fourth. In counties where a Poor House is erected, or other atures, &c. place provided for the poor, to purchase the furniture, implements 244 Town8,hiV -LAWS of Yie7tigan. [Div. xxrv. DIV. xxw.] Sipor of tAe Poor 6y t Pul 245 and materials that shall be necessary, from time to time, for the maintenance of the poor therein, and their employment in labor or manufactures, and to sell and dispose of the proceeds of such labor as they shall deem expedient. Fifth. To prescribe the rate of allowance to be made to any Toprescribe rate of allowance for persons for bringing paupers to the County Poor House, or place pro- bringing paupers vided for the poor, subject to such alterations as the Board of Corn-t~Poor House. missioners may, by a general resolution, make. Sixth,. To authorize the keepers of such houses or places so pro- To authorize a keepers to certify vided, to certify the amount due to any person for bringing any such amount. paupers; which amount shall be paid by the County Treasurer, on the production of such certificate, countersigned and allowed by any two Superintendents. Seventh. In counties where the distinction between township and To decide settle menit of paupers. county poor is not abolished, to decide any dispute that shall arise concerning the settlement of any poor person, summarily, upon a hearing of the parties; and for that purpose to issue subpoenas to compel the attendance of witnesses, and to administer oaths to them in the same manner, with the like power to enforce such process, as is given to Justices of the Peace in any matter cognizable by them; their decisions shall be filed in the offiee of the County Clerk, within thirty days after they are made, and shall be conclusive and final upon all parties interested. Eighth. To direct the commencement of suits by any Directors To direct the commencement of the Poor who shall be entitled to prosecute for any penalties, or of suits. upon any recognizances, bonds, or securities taken for the indemnity of any township or of the county; and in case of the neglect of any such Director, to commence and conduct such suits, without the authority of such Directors, in their names. Ninth. To draw from time to time on the County Treasurer for To draw on County Treasurer all necessary expenses incurred in the discharge of their duties, which for amount of exdrafts shall be paid by him out of the moneys placed in his hands for penses incurred the support of the poor. Tenth. To render to the Board of Commissioners of their Toreideraccount county, at their annual meeting, an account of all moneys received and expended by them, or under their direction, and of all their proceedings. Eleventh. To pay over all moneys remaining in their hands,To payovermowithin fifteen days after the expiration of their office to the Countyneys. Treasurer or to their successors. [1470.] SEC. 5. The Board of Commissioners of any county in Commissioners may erect Poor this State, in which a County Poor House is not already erected, may, Houses.Pr at any annual or special meeting thereof, determine to erect such house for the reception of the poor of their county; and upon filing such determination with the clerk of the county, they may direct the Superintendents of the Poor of such county to purchase one or more tracts of land, not exceeding three hundred and twenty acres, and to erect thereon one or more suitable buildings for the purpose aforesaid. To defray the expenses of such purchase and buildings, the said board may raise, by tax on the real and personal estate of the inhabitants of DIV. XXIV.] Support of ae Poor by ae Pubzic. 245 246 Town8A Laws of MicAign. [DIV. XXIV. May raise aesufram the same county, a sum not exceeding seven thousand dollars, by by tax to defray o ar expenses. such installments, and at such times as they may judge expedient. The said tax shall be raised, assessed, and collected in the same man ner as the other county charges, and shall be paid by the County Treasurer to the Superintendents of the Poor, to be applied in de fraying the expenses aforesaid, between town- [1471.] SEC. 6,' In those counties where the Commissioners shall ship and county determine to abolish the distinction between township poor and county duty of Clerkof poor, and to have all the poor a county charge, it shall be the dut of Board of Commis- y sioners. the Clerk of the Board of Commissioners immediately to serve notice of such determination on the Directors of the Poor, and Clerk of ev ery township, and clerk of each village or city within the county. Within three months after the service of such notice, the Directors of the Poor of every township shall pay over all moneys which shall re main in their hands, after discharging all demands against them as such Directors, to the County Treasurer, to be applied by him toWhen and to wards the future taxes of such township; and the Directors of the whom Directors to pay over mto- Poor and Township Boards of the several townships of such county, neys; how to be Y appliedh.w to be and the officers of every city or village therein shall pay over to the Treasurer of the county, all moneys which shall thereafter be received for licenses to tavern keepers, retailers, or common victuallers,f and all moneys which are directed to be paid to the Directors of the Poor, or for the use of the Poor of the county, within thirty days after the receipt thereof; and in counties where the distinction of county and township poor is not abolished, such moneys shall be paid over to the Directors of the Poor of the township in which the same shall be collected. In case of neglect to pay over such moneys, the County Treasurer or any Director of the Poor may maintain an action there for, in which he shall recover interest, at the rate of ten per cent. per annum, on all moneys withheld, from the time they should have been paid. When poor a [1472.] SEC. 7. In those counties in which the distinction becounty charge. L17'oecon tween township and county poor shall have been abolished, all persons entitled to support from the public, shall be maintained at the ex pense of such counties respectively; and all costs and charges attend ing the examinations, conveyance, support and necessary expenses of paupers within said counties, shall be a charge upon the said counties, without reference to the number or expense of paupers which may be sent to the Poor House of said counties, from or by any of the town- w ships therein. The said charges and expenses shall be reported by To defray ex- the Superintendents of the Poor of the said counties to the Boards of pense: how paid. Commissioners therein respectively, and shall be assessed, levied and collected of and upon the taxable real and personal estate in the said counties, in the same manner as other county charges. When poorto be [1473.] SEC. 8. In those counties in which the distinction besupported at ex-. penseoftownship tween township and county poor shall not be abolished by the Boards of Commissioners, the poor having a settlement in any township in such counties shall be supported at the expense of such township, and f.No,Law for such Licenses is now in force. 0 ]'ownshtip Laws of Michigan. [DIv. xxrv. 246 Suipport of the Poor by the Pablic. the poor not having such settlement shall be supported by the county in i~~~i1~~~i~t~~e, money cal ~~~~~~xcise money, to in which they may be. And in said counties, all excise money col-xcoepaid andto lected in any township, when received, shall be paid over to, or col. how applied. lected by, the Directors of the Poor of the several townships in said counties, and applied to the use of the poor of the townships in which such money and penalties shall be collected. - [1474.] SEc. 9. Every person of full age, who shall have been a What deemed a settlement in resident and inhabitant of any township for one year, and the mem- township. bers of his family who shall not have gained a separate settlement, shall be deemed settled in such township. A minor may be emanci pated from his or her father, and may gain a settlement: First. If a female, by being married and living one year with her husband, in which case the husband's settlement shall determine that of the wife. Second. If a male, by being married and residing separately from the family of his father. Third. By being bound as an apprentice, and serving one year by virtue of such indentures. Fourth. By being hired and actually serving for one year for wages to be paid such minor. [1475.] SEc. 10. A woman of full age, by marrying, shall acquire Settlement of the settlement of her husband, if he have any. And until a poor paupers. person shall have gained a settlement in his own right, his settlement shall be deemed that of his father or mother; but no childsborn in any place used and occupied as a residence for the poor of the township, city or county, shall gain any settlement merely by reason of the place of such birth; nor shall any child, born while the mother is a county pauper, gain any settlement by reason of the place of its birth; and no residence of any person as a pauper, in the county Poor House, or place provided for the support of the poor, or in any township, while supported at expense of any township or county, shall operate to give such pauper a settlement in the township where such actual residence may be had. [1476.] SEC. 11. No person shall be removed as a pauper from Poor persons, where to'be supany city or township to any other city or township of the same, or ported, &c. any other county, nor from any county to any other county; but every poor person shall be supported in the township or county where he may be, as follows: First. If he has gained a settlement in any township in such county, he shall be maintained by such township. Second. If he has not gained a settlement in the county in which he shall become poor, sick or infirm, he shall be supported by the Superintendents'of the Poor, at the expense of the county. Third. If such person be in a county where the distinction be-county Poor. tween township and county poor is abolished, he shall, in like manner, be supported at the expense of the county, and in both the cases aforesaid, proceedings for his relief shall be had as hereinafter directed. gSee Note f. DIV. xxrv.] 24T N 248 Towp Ls of [[)rw. Township Poor. Fourth. If such pauper shall be in a county where the respective townships are liable to support their poor, and has gained a settlement in some other township of the same county than that in which he may then be, he shall be supported at the expense of the township where he may be, and the Directors of the Poor shall give notice in writing to the Directors of the Poor of the township to which such pauper shall belong, or to one of them, requiring them to provide for the re lief and support of such pauper. Settlement of [1477.] SEC. 12. If within ten days after the service of such no pauper may be contested. tice, the Directors of the Poor to whom the same was directed, shall not proceed to contest the allegation of the settlement of such pauper, by giving the notice hereinafter directed, they, their successors, and the township which they represent, shall be forever precluded from contesting or denying such settlement. They may, within the time Noticetobegivenaforesaid, give notice in writing to the Directors of the Poor of the township where such pauper may be, that they will appear before the County Superintendents, at a place and on a day therein to be speci fied, which day shall be at least ten days, and not more than thirty days, from the time of the service of such notice, to contest the said alleged settlement. conhtroversy, &cn. [1478.] SEc. 13. The County Superintendents shall convene whenever required by any Directors of the Poor, pursuant to such notice, and shall proceed to hear and determine the controversy, and may award costs, not exceeding ten dollars, to the prevailing party, which may be recovered in any action before a Court of competent jurisdiction. The decision of the Superintendents shall be final and conclusive. Supportof pau- [1479.] SEC. 14. The Directors of the Poor of the township in pers In certain cases. n which it may be alleged any pauper has gained a settlement, may at any time after receiving such notice requiring them to provide for such pauper, take and receive such pauper to their township, and there support him. If they omit to do so, or shall fail to obtain the deci sion of the County Superintendents, so as to exonerate them from the maintenance of such pauper, the charge of giving such notice, and the expenses of maintaining such pauper, after being allowed by the County Superintendents, shall be laid before the Board of Commis sioners at their annual meetings, from year to year, as long as such expenses shall be incurred; and the Commissioners shall annually add the amount of the said charges to the tax to be laid upon the town ship to which the pauper belongs, together with such sum in addition thereto as will pay the township incurring such expenses the lawful interest thereon, from the time of expenditure to the time of repay ment, which sums shall be assessed, levied and collected; in the same manner as the other contingent expenses of such township. The said moneys, when collected, shall be paid to the County Treasurer, and be by him credited to the account of the township which incurred the said expenses. Paupers not [1480.] SEC. 15. The support of anypauper shall not be charged county charge - without sanction to the county without the sanction of the Superintendents. If a of S uperi ntendents. pauper be sent to the County Poor House, or place provided for the TCownship Laws of Xi-chigan. 248 [DIry. XgXlo.: Support of the Poor by the:Pulic. poor, as a county pauper, the Superintendents in those counties where When tsuperiinn tendents to in-, the respective townships are required to support their own poor, shall quire into settleimmediately inquire into the fact, and if they ale of opinion that such ment of paupers. pauper has a legal settlement in any township of the said county, they shall, within thirty days after such pauper shall have been received, give notice to the Directors of the Poor of the township to which such' pauper belongs, that the expenses of his support will be charged to such township, unless the said Directors, within such time as the said Superintendents shall appoint, not less than twenty days thereafter, show that such township ought not to- be so charged. And on the application of the said Directors, the Superintendents shall re-examine the matter, and take testimony in relation thereto, and shall finally decide the question, which decision shall be final. [1481.] SEC. 16. In those counties where no County Poor House Whenpaupe ris chargeable to or other place is provided, no person shall be supported as a countycounty, Superinpauper, without the direction of at least one Superintendent. In ceetiflncatteoto that such cases the Directors of the Poor of the township where such effect. person may be, shall immediately give notice to one of the Superintendents, who shall inquire into the circumstances; and if he is satisfied that such person has not gained a legal settlement in any township of the said county, he shall give a certificate to that effect, and that such pauper is chargeable to the county. He shall report every such case to the Board of Superintendents, at their next meeting, who may affirm such certificate, or may annul the same, on giving due notice to the Directors-of the Poor of the township interested, and after hearing the allegations and proof in tlfe premises. [1482.] SEc. 17. If the Superintendent to whom the Directors IfSuperlntendnt toneglect,.how to of the Poor may have given such notice, shall neglect or refuse to proceed. give the certificate aforesaid, the Directors may apply to the Board of Superintendents who shall summarily hear and determine the matter, and whose:decision shall be conclusive. [1483 ] SEC. 18.-' The decisions of the Board o f County Superin- tDeclsion s In re la ytion to settlement tendents, in relation to the settlement of any paupers, or to their being of paulpers; how a charge upon the county, shall be entered in books to be provided to proceed for th,at purpose, and certified by the signatures of such of thle said Superintendents as make such decisions; and a duplicate thereof, certified in the same nianner, shall be filed in the County Clerk's office within thirty days after the making of any such decision. -Such orig' ina4duplicate, or a copy thereof, duly certified, shall be conclusive evidence of the fact therein contained. [1484.] SEC. 19. When any person shall apply for relief to any Poorpersons, when to.be reDirector of the Poor, in any county where a Poor House is established moved to County or other place provided for the poor, such Directors, or any one of them, Poor Eouse. shall inquire into the state and circumstances of the applicant. If it shall appear that the applicant is4n such indigent circumstances as to require permanent relief and support, and can be safely removed, the Directors, or any one of them, shall, by a written order, cause the poor person to be removed to the County Poor House, or to the place provided as aforesaid, to be relieved and provided for as the necessi w w DrV. xxi-v.] 249 250 Towns Laws of ic7dg. [niv. xxiv. ties of such applicant may require. If the said county be one of those where the respective townships are required to support their own poor, the Directors shall designate, in such order of removal, whether the pauper be chargeable to the county or not; and if no such designation be made, such pauper shall be deemed to belong to the township whose Directors or Director made such order. Expenseofre- [d 1485.] SEc. 20. The expense of such removal shall be paid on * the certificate of the keeper of the Poor House or other place, coun tersigned as aforesaid, at the rate that shall have been prescribed by the Superintendents; and the Directors shall be allowed such sums as may have been necessarily paid out or contracted to be paid, for the relief or support of such pauper, previous to the said removal, as the Super intendents shall judge was reasonably expended, while it was improper to remove such pauper, which sum shall be paid by the County Trea surer on the order of the Superintendents, and shall be charged to the county, if such pauper be a county charge, or the township sending him, if he be not a county charge. Persotnstsobesp [1486.] SEC. 21. The person so removed shall be received by the Worted in Poor Superintendents or their agents, and be supported and relieved in the se. County Poor House, or such other place as shall have been provided, under the direction of the said Superintendents, until it shall appear to them that such person is able to work and maintain himself, when the Superintendents may, in their discretion, discharge him. uPeatce may makthe [1487.] SEc. 22. If it shall appear that the person sb applying Peace may make orderforrellef, &c requires only temporary relief, or is sick, lame or otherwise disabled, so that he or she cannot be conveniently removed to the County Poor House, or to such place as shall have been provided by the County Superintendents, the Directors of the Poor, or any one of them, shall apply to a Justice of the Peace of the same township, who shall examine into the facts and circumstances, and slhall, in writing, order such sum to be expended for the temporary relief of such poor person, as the circumstances of the case shall require; which order shall entitle the Director to receive any sum he may have paid. out or contracted to pay. within the amount therein specified, from the County Trea surer, to be by him charged to the county, if such person be a county charge; if not, to be charged to the township where such relief was afforded; but no greater sum than ten dollars shall be expended or paid for the relief of any one poor person or one family, without the sanction in writing oF one of the Superintendents of the Po* of the county, which shall be presented to the County Treasurer, with the order of the Justice. If no Poor 1!00 [23 fren in county, or douser [1488.] SEc. 23. If application for relief be made in any of those for weeklyallow- counties where no County Poor House. or other place, shall have been ance. ance. provided, as aforesaid, for the reception of the Poor, the Directors of the Poor shall, with the assistance of sonte Justice of the Peace of the same township, inquire into the facts and circumstances of the case, and shall make an order in writing for such allowance, weekly or other wise, as the said Justice and one of the said Directors shall think required by the necessities of such poor person. 260 Township Laws of Miec7tigan. [DIV. XXIV. DIV. xxiv.] of e Poor e Public 251 [1489.] SEc. 24. If such pauper have a legal settlement in theIf pauper have a township where such application is made, or in any other township ofhowsupported. the same county, the Directors shall apply the moneys so allowed to the relief and support of such pauper; the moneys paid by them, or contracted to be paid, pursuant to such order. shall be drawn by them from the County Treasurer, on producing said order, out of the funds in his hands belonging to such township. [1490.] SEc. -25. If such pauper have no legal settlement in theIfnot,howto same county, the Directors shall immediately give the notice herein- proceed. before directed to one of the County Superintendents; and until the County Superintendents shall take the charge of the suj)port of such pauper, the Directors shall provide for his relief and support as aforesaid, and the expense thereof, from the time of giving such notice to a County Superintendent, shall be paid to the said Directors by the County Treasurer, on the production of such order and of proof by affidavit, of the time of the giving such notice, and shall be by him charged to the county. [1491.] SEc. 26. Whenever the County Superintendents take Suaperinnterntdaent charge of the support of any county pauper, in those counties where cases authorize Directors of Poor no Poor House is provided, they may authorize the Directors of the to supportcerPoor of the township in which such pauper may be, to continue tota arupers. support him, on such terms and under such regulations as they shall prescribe; anid thereafter no moneys shall be paid to the said Directors for the support of such pauper, without the order of the Superintendents; or the said Superintendents may remove such pauper to any other township, and there provide for his support, in such manner as they shall deem expedient. [1492.] SEC. 27. In those counties where the respective town- When andhow _C ounty Trreasurer ships are required to support their poor, the County Treasurers thereof to keep an ac ~ A 1 1 1'.. 1... count of moneys shall respectively open and keep an account with each township, in received and paid which the township shall be credited with all the moneys received pouti~r support ot poor. from the same, or from its officers, and shall be charged with the moneys paid for the support of the poor chargeable to such township. And if there be a County Poor House, or other place provided in such county for the support of the poor, the Superintendents of the Poor of the county shall, in each year, before the annual meeting of the Board of Commissioners of such county, furnish to the County Treasurer a statement of the sums charged by them, as hereinafter directed, to the several townships for the support of their poor, which shall be charged to each township respectively, by the County Treasurer in his accounts. [1493 ] SEc. 28. In those counties in which a Poor House shallDuty of Superlnbe established, or a place provided by the Superintendents for thePoorin certain reception of the poor, and in which the several townships shall beaes liable for the support of their poor respectively, it shall be the duty of the Superintendents, annually, and during the week preceding the annual meeting of the Board of Commissioners, to make out a statement of all the expenses incurred by them the preceding year, and of the moneys received, and exhibiting the deficiency, if any, in the funds Squpgport of the Poor by the Public. DIV. XXI-V.] 251 ift 25 Tow8hp Laws of Micgam. [DIV. XXIV. provided for the defraying of such expenses; and they shall apportion the said deficiency among the said several townships in proportion to the number and expenses of the paupers belonging to the said townships respectively, who shall have been provided for by the said Superintendents. and shall charge the said townships with the said proportions; which statement shall be by them delivered to the County Treagurer as before directed. County Treasurer when to account [1494.] SEC. 29. At the annual meeting of the Board of Cornwhen to account to County Com- missioners, the County Treasurer shall lay before them the account mis~sioners. missioners o kept by him; and'if it shall appear that there is a balance against any township, the said board shatll add the same to the amount of Duty of Commis- taxes to be levied and collected upon such township, with the other slonuers. contingent expenses thereof, together with such a sum for interest, at the rate of seven per centum per annum, as will reimburse and satisfy any advances that may be made, or that may have been made, from the County Treasurer for such township; which moneys, when col lected, shall be paid to the County Treasurer. E,stimateof ex- [1495.] SEC. 30. The Superintendents of the Poor in each county ,,en'e by Superintendents to be shall annually present to the Board of Commissioners, at their annual assessed and collected. meeting, an estimate of the sum which in their opinion will be neces sary, during the ensuing year, for the support of the county poor; and the said Commissioners shall cause such sum as they may deem neces sary for that purpose to be assessed, levied and collected in the same manner as the other contingent expenses of the county, to be paid to the County Treasurer, and to be by him kept as a separate fund, distinct from the other funds of the county. Directors of Poor to keep an ac- [1496.] SEC. 31. In those counties where there are no County count; how tobePoor Houses established, the Directors of the Poor of the respec k~pt. tive townships shall enter, in books to be provided at the expense of their townships, an account of all matters transacted by them relating to their official duties; of all moneys received by them, specifying from whom, and on what account; of all moneys laid out and dis bursed by them, to whom, and by what authority, and specifying in each case whether to county poor or to township poor; the names of all persons applying for relief, and ordered to be relieved as aforesaid; the day and year when they were admitted to have relief; the weekly or other sums of money allowed for that purpose, and the cause of giving such relief. WhencDirectors [1497.] SEC. 32. On the Tuesday next preceding the annual to account to Township Board: township meeting of every township, the Directors of the Poor shall duty ofBoar. lay the said original books befwe the Township Board, together with a just and true account of all moneys by them received and expended for the use of the poor, and in what manner together with an account of the earnings of the poor persons by them employed; which account shall be verified by the oaths of the Directors, and shall be filed with the Township Clerk. The Township Board shall compare the said account with the entries in the poor books aforesaid; shall examine the vouchers in support thereof, and shall audit and settle the same, and state the balance due from such Directors, or to them, as the case Townsh laws of Michiqan. 252 [DIV. XXIV. DIV. xxiv.] S&ppor q{ e Poor by e 53 may be. No credit shall be allowed to any Director for moneys paid, unless it shall appear that such payment was made pursuant to a legal order. [1498.] SEC. 33. Every person who, having been a Director 0fForfeiturefor v.neglect. the Poor, shall refuse or neglect to present such original books, or to exhibit such accounts to the Township Board, as required in the last section, shall forfeit the sum of two hundred and fifty dollars, to be recovered by, and in the name of the Directors of the Poor of such township. [1499.] SEc. 34. In those counties where the respective town- Township Clerk In certain cases to ships are made liable for the support of their poor, it shall be the exhibitat annual duty of the Township Clerk to examine, at the annual township ofreetingaccour meetings. the accounts for the support of the poor! therein the pre ceding year, as the same shall have been allowed and passed by the Township Board, which accounts shall be openly and distinctly read by the clerk of the meeting; and the Directors of the Poor shall also present an estimate of the sum which they shall deem necessary to supply any deficiency of the preceding year, and to provide for the support of the poor for the ensuing year. [1500.] SEC. 35. The inhabitants of such township shall there-Inhabitants to vote sum to be upon, by a vote of a majority of the persons qualified to choose assessed; to Township Officers, determine upon the sumDs of money which shall be whom paid. assessed upon the said township the ensuing year for the purpose, aforesaid. The sum so voted, when raised and collected in those counties where a county Poor House, or other place shall have been provided for the reception of the poor, shall be paid to the County Treasurer, and by him placed to the credit of the township; in all other counties, the sum so voted by any township shall be paid to the Directors of the Poor thereof. [1501.] SEC. 36. The accounts of Directors of the Poor and ofCertain accounts to be audited by Justices of the Peace, for any personal or official services rendered Board ofCommis sioniers,, and p)aid by them, in relation to the poor, except county paupers, shall bei by County Treasaudited and settled by the Board of Commissioners, and the sumsurer. thus audited and allowed shall be paid by the County Treasurer; and if such services were reidered in behalf of any township liable to support its own poor, the same shall be charged to such township. No allowance for time or services shall be made to Any officer for attending any board with any accounts, for the purpose of having the same audited or paid. [1502.] SEC. 37. The Superintendents of the Poor in the several Superintendents counties in this state shall audit and settle all accounts of Directors to settle accounts of the Poor, Justices of the Peace, and all other persons, for services relating to the support, relief or transportation of county paupers; and shall. from time to time, draw on the County Treasurer for the amount of the accounts which they shall audit and settle. [1503.] SEC. 38. Any person who shall send, carry, transport, F~orfeiture for en,ticing paupers remove or bring, or who shall cause to be sent, carried, transported,fromone townbrought or removed, any poor or indigent person, from any city, ship to an~ther. township or county, to any other city, township or county, without legal -V DIV.. XXIV.] SiT,vort qf the Poor by the Public. 253 254 Town8 Lw of iciga. [DIV. XXIV authority, and there leave such poor person, with intent to make any such city, township or county to which the removal shall be made. chargeable with the support of such pauper, or who shall entice any such poor person so to remove, with such intent, shall forfeit fifty dollars, to be recovered by, and in the name of the Directors of the Poor of the township to which such pauper shall be brought or removed, or in the name of the Superintendents of the Poor of the county into which the said poor person shall be removed; and shall, How liable in ad-moreover, be deemed guilty of a misdemeanor, and on conviction, dition to forfeit!ure. shall be imprisoned not exceeding six months, or fined not exceeding one hundred dollars, or both, in the discretion of the Court. Su'p,,rintendents SUto maintanudets [1504.] SEC. 39. The pauper so removed, brought or enticed, per, give otr&c shall be maintained by the County Superintendents of the county to wirectors, here he may be. They may give notice to either of the Directors of the Poor of the township from which he was brought or enticed, if such township be liable for his support; and if there be no township in the county from which he was brought or enticed liable for his sup port, then to either of the County Superintendents of the Poor of such county, informing them of such improper removal, and requiring them forthwith to take charge of such pauper. Duty of Directors [1505.] SEc. 40. The County Superintendents, or the Directors on receiving notice. of the Poor to whom such notice may be directed, shall, within thirty days after the service thereof, take and remove the pauper so brought or enticed, to their county or township, and there support him, and pay the expense of such notice and of the support of such'pauper; or they shall within the said time, by a written instrument under their hands, notify the County Superintendents from whom such notice was received, or either of them, that they deny the allegation. of such improper enticing or removal, or that their township is liable for the support of such pauper. Coneglequence of [1506.1 SEc. 41. If there shall be a neglect to take and remove neglect to remove. pauper. such pauper, and also to notify such denial, within the time above prescribed, the said County Superintendents and Directors respect ively, whose duty it was so to do, their successors, and their respect ive counties or townships, shall be deemed to have acquiesced in the allegations contained in such first notice, and shall be forever preclu ded from contesting the same; and their counties and townships re spectively, shall be liable for the expense of the support of such pau per, which may be sued for and recovered, from time to time, by the County Superintendents incurring the said expenses, in actions against the Superintendents of the Poor of the county, or the Directors of the Poor of the township, as the case may be, so liable for such ex penses. What time Super- [1507.] SEc. 42. Upon the service of any such notice of denial, lntendents to commence suit; the County Superintendents upon whom the same may be served, consequence of neglect. shall, within three mlonths, commence a suit against the Directors of the Poor of the township, or the County Superintendents of the Poor of the county to whom the first notice was directed, or against their successors in office, for the expenses incurred in the support of 0 254 Township Laws of -Michigaan. [DIV. XXIV. DIV. xxi.] Supor of e Poor by he Pblic. 255 such pauper, and shall prosecute the same to effect; if they neglect to do so, they, their successors, and their county, shall be forever precluded from all claim against the county or township to whose of-, ficers such first notice was directed, or any of their officers, for any expense that may have been, or may be incurred for the support of such pauper. t [1508 ] SEc. 43. Every County Superintendent who shall neglect Forfeiture for neglect to render to render any account, or statement, to the Board of Commissioners account; liable to action. as herein required, or to pay over any moneys within the time pre scribed by law, sh1ll forfeit two hundred and fifty dollars, to be sued for and recovered by, and in the name of the County Treasurer. The Superintendents shall also he liable to an action, either jointly or severally, by the County Treasurer, for all nmoneys which shall be in their hands after the time the same should have been paid over according to law, with interest'thereon: at the rate of ten per cent. per annum, from the time when the same should have been paid over. [ 1509.] SEC. 44. Any person who shall bring or remove, or cause Persons bringing paupers into this to be brought or removed, any poor or indigent person, from any State tofotfelhis place without this State, into any county or township within it, and ble in addition to there leave or attempt to leave such person, with intent to make such forfeiture. county or township chargeable with the support of such paupers, shall forfeit and pay fifty dollars. to be recovered before any Justice of the Peace of the county into which such pauper shall be brought, to be ~sued for and recovered by, and in the name of the Superintendents of the County Poor of said county, or by the Directors of the Poor of the township into which such pauper shall be brought, and moreover, shall be obliged to convey such pauper out of the State, or support him at his own expense; and it shall be lawful for the Justice before whom such person shall be convicte4 for a violation of the provisions of this section, to require of such person satisfactory security that he will, within a reasonable time, to be named by the Justice, transport such pauper out of the State, or indemnify the township or county for all charges and expenses which maybe incurred in the support of such pauper; and if sucli person shall refuse to give such security when so required, it shall be the duty of the Justice to commit him to the common jail of the county, for a term not exceeding three months. [151 0.] SEc. 45. All penalties imposed under the provisions of Penalties to be this or the preceding chapter, when recovered, shall be.paid to thle Trteasurer.nt County Treasurer; if not paid by the persons collecting the same, when demanded by the County Treasurer, he may maintain an action therefor in his name of office. [1511.] SEc. 46. Whenever it shall be made to appear to theDirectors incer rain cases to colsatisfaction of any Director of the Poor, either upon complaint, or lect penalties. otherwise, that a penalty has been incurred by the violation. of any provisions of the law of this State, which such Director is required by law to collect, it shall be his duty immediately to commence a suit for such penalty, and to prosecute the same diligently to effect. DIV. XXI-,'.] Support of the Poor by the P,ublic. 255 256 Towfl8p Law8 of Micigam. LDIV. XXIV. To be allowed [1512.] SEc. 47. In auditing the accounts of the Directors of costs inncderptaain~r~[ 2]Sc uih h fo cases, andpayforthe Poor, by the Township Boards, allowance shall be made to them attending suits. for all costs to which they may have been subjected, or which may have been recovered against them, in any suit brought by them pur suant to law; and they shall also be allowed the same daily pay for attending to any such suit, as is allowed them for theperformance of their official duties. Allowancitecinesc.[1513.] SEC. 48. Such allowances may be credited to them in counts. their accounts for moneys collected for penalties, and maybe deducted from such moneys; and the balance of such penalties shall be paid over to their successors in office, or to the County Treasurer, as di rected by law, in respect to such penalties. When tosip charge [1514.] SEc. 49. If there be not sufficient moneys in their hands to satisfy such allowances, the same shall be paid as other township charges. Poor Houses, &c., [1515.] SEC. 50. Every Poor House, Alms House, or other exempt from taxnation; rvcKeeper place provided by any city, township or county, for the reception and from service in. militia. support of the poor, and all real and personal property whatever, be longing to or connected with the same, shall be exempt from all as sessment and taxation, levied either by the State, or by any county, township, city or village; and the keeper of every Poor House, Alms House, or other place provided as aforesaid, shall be exempt from all service in the militia, from serving on juries, and from all assessment for labor on the highways. Support of idiots, Sp&c., out of Poort, [1516.] SEC. 51. In those counties where County Poor Houses &h,outsfeor.~1" House. may be established, the Superintendents.may provide for the support of paupers that may be idiots, or lunatics, out of such Poor House, in such manner as shall best promote the interests of the county, and conduce to the comfort and recovery of such paupers. Cert educated;r [1517.] SEC. 52. The Superintendents of the Poor of each county, expense of, how or the Directors of the Poor of each township, liable for the support paid. of its own poor, are hereby required to cause the paupers of such county or township respectively, who may be over five and under six teen years of age, under their charge, to be taught and educated. in the same manner as other children are taught in the primary schools of this State, at least one-fourth part of the time the said paupers shall so remain under their charge; and the expense. therefor shall be paid in the same manner as other contingent expenses are paid for the support of said paupers. Superintendents tou make anenuats 1518.] SEc. 53. It shall be the duty of the Superintendents of report; what to the Poor of each county in this State,.on or before the twentieth day contain. contain. of December in each year, to report to the Secretary of State,in such form as he shall direct, the number of paupers that have been relieved or supported in such county the preceding year, distinguishing the number of county paupers from the number of township paupers, if any; the whole expense of such support, specifying the amount paid for transportation of paupers, and any other items which do not com pose any part of the actual expense of maintaining the paupers, and the allowances made to the Superintendents, Directors, Justices, keep Towi8zghi;p Lcos8 of Michigan. 256 [DIV. XXr. D xxw.] Sppor of 8 Poor Pul 257 ers and officers; the actual value of the labor of the paupers maintained, and the estimated amount saved in the expense of their support in consequence of their labor. [1519.] SEc. 54. It shall be the duty of the clerk of every town- Townshlp Clerk ...,, ~ ~~~~~~~~~~~~~~~~~~~~t to reopomrt to Board ship in those counties where all the poor are not a county charge, to of commission ofs Cwhatssionreport to the Clerk of the Board of County Commissioners, within er;whattocon fifteen days after the accounts of the Directors of the Poor have been settled by the Township Board, in each year, an abstract of all such accounts for the preceding year, which shall exhibit the number of paupers that have been relieved or supported in such township the preceding year, specifying the number of county paupers, and of township paupers, the whole expense of such support, and specifying the allowance made to Directors, Justices, Constables, or other officers, and any other items which shall not comprise any part of the actual expense of maintaining the paupers. The said abstract shall be de- lAibstract to be de livered to Superlivered by the Clerk of the Board of Commissioners to the County intendents. Superintendents, to be included by them in their report aforesaid. [1520.] SEC. 55. Any Superintendent or County Clerk, or Clerk Forfeiture for ne glect; duty of of the Board of County Commissioners, who shall neglect or refuse ecretaryofState to make such reports, abstracts or copies aforesaid, or who shall willfully make any false report, abstract or copy, shall forfeit one hundred dollars, to be recovered by the Prosecuting Attorney of the county, in the name of the People of this State, and to be paid into the County Treasury. The Secretary of State shall give notice to the Prosecuting Attorney of the county, of every such neglect or misconduct; and it shall be the duty of the Prosecuting Attorney, on receiving such notice, or in any way receiving satisfactory information of such neglect or misconduct, to prosecute for the recovery of such penalties. [152L.] SEc. 56. The Secretary of State shall annually lay be- DtyofSecretar fore the Legislature, during the first month of its session, an abstract of the said returns and reports. X DIV. XXIrV.] Suffrport of the Poor by the Public. 257 258 Towk W8 of cAig [Di. CoM. L. 157, DIYISION XXV. — OF THE LAW OP THE ROAD, AND TH REGUChap. XLV., p. 504. LATION OF PUBLIC CA(]RRIAGES. N.Y. Rev. Stat., Title 13, Chap. 20, Part 1. Chapter Forty-Four of Revised Statutes of 184. Persons merriageting [1592.] SECTION 1. Whenever any persons shall meet each other with carriages,. any &c., to turn to the on any bridge or road, traveling with carriages, wagons, carts, sleds right. s v' d car2 G(ray, 181. sleighs, or other vehicles, each person shall seasonably drive his car riage or other vehicle to the right of the middle of the traveled part of such bridge or road, so that the respective carriages, or other vehicles aforesaid, may pass each other without interference. Penalty, &c., fored [1593.] SEC. 2. Every person offending against the provisions of voaing sreceion ing ection. the preceding section, shall, for each offence, forfeit a sum not exceed ing twenty dollars, and shall also be liable to the party injured for all damages sustained by reason of such offence: Provided, That pro ceedings shall be commenced for the recovery of such forfeiture with in three months after the offence shall have been committed, and any action for such damages shall be commenced within one year after the cause of action shall have accrued. Penaltyg for vem- [1594.] SEc. 3. No person owning, or having the direction or conploying driver addicted totrolo f any coach, or other carriage or vehicle running or traveling drunkenness. o upon any road in this State, for the conveyance of passengers, shall employ, or continue in employment, any person to drive such coach, carriage, or other vehicle, who is addicted to drufinkenness, or to the excessive use of intoxicating liquors; and if any such person shall violate the provisions of this section, he shall forfeit at the rate of five dollars per day for all the time during which he shall have kept such driver in such employment. Owner of cach,are [1595.] SEc. 4. If any driver, whilst actually employed in drivdf-,r on gotice ing s uch coach, carriage, or vehicle, shall be guilt y of intoxication, it drciv~er!, on notice gsccoc,crig,oveil,salbgulyoinoiaini of his being intoxicated. shall be the duty of the owner or person having the charge or control of such coach, carriage, or other vehicle, on receiving written notice of the fact, signed by any passenger who witnessed the same, and cer tified by him under oath, forthwith to discharge such driver from such employment; and every person who shall retain, or have in such ser vice, within six months after the receipt of such notice, any driver who shall have been so intoxicated, shall forfeit at the rate of five dol lars per day for all the time during which he shall keep any such driver in such employment after receiving such notice. Driver running [1596.] SEC. 5. No person driving any carriage or vehicle for the horses guilty ofSE. opesncrig mlsdemeanor, &c. conveyance of passengers for hire upon any road or highway in this State, with or without passengers therein, shall run his horses, or cause or permit them to run, upon any occasion, or for any purpose whatever; and every person who shall offend against the provisions of this section shall be deemed guilty of a misdemeanor, and on convic tion thereof, shall be punished by a fine not exceeding one hundred S58 Townehs;p Laws of -ickigan. [DIV. XXV'. pIv. xx4 L of Road. dollars, or by imprisonment in the county jail not exceeding thirty days, or both, at the discretion of the Court. [1597.] SEC. 6. It shall not be lawful for the driver of any car- Penalty on driver for leaving horses riage used for the conveyance of passengers for hire, to leave the unfastened. horses attached thereto, while any passenger remains in or upon the same, without making such horses fast with a sufficient halter, rope or chain, or without some suitable person to take the charge and guidance of them, so as to prevent their running; and if any such driver shall violate the provisions of this seetion, he shall forfeit a sum not exceeding twenty dollars; but no prosecution shall be commenced therefor after the expiration of three months from the time of committing the offence. [1598.] SEc. 7. The owners of every carriage running or travel-.- owner, of car riage liable for ing upon any turnpike road or public bighway, for the conveyance of injuries done by persons in their passengers for hire, shall be liable, jointly and severally, to the party employ. injured, in all cases, for all injuries and damage done by any person in the employment of such owners as a driver, while driving such carriage, to any person, or to the property of any person, whether the act occasioning such injury or damage be willful, negligent or otherwise, in the same manner as such driver would be liable. DIV. XXV.] Law of th Road. -259. 260 Town8p La'w8 of ckig [DIV. XXVI. DIVISION XXVI.- OF LOST GOODS, AND STRAY BEASTS. COMP. L. 1857, Chap. XLVII., p.607. Chapter Forty-Seven of Revised Statutes of 1846, Notice of finding r goods, &c., how ding [1603.] SrCTION 1. When any person shall find any lost money, given.' or lost goods, if the owner thereof be known, he shall immediately give notice thereof to such owner; if the owner thereof be unknown, and such money or goods be of the value of three dollars or more, the finder shall, within two days, cause notice thereof to be posted in two public places within the township where the same were found; and shall also, within seven days, give notice thereof, in writing, to the Township Clerk of such township, and pay him twpty-five cents for making an entry thereof in a book to be kept for that purpose.= Ibid. [1604.] SEC. 2. If the money or goods so found be of the value of ten dollars or more, and the owner thereof be unknown, the finder thereof shall also, within one month after such finding, cause notice thereof to be advertised in some newspaper in the same county, if one be published there, and if not, then in some newspaper published in an adjoining county, and continued therein for six successive weeks. Taking up stray [1605.] SEc. 3. It shall be lawful for any resident freeholder of anima. any township in this State to take up any stray horses, mules or asses, by him found going at large in such township, beyond the range where such horses, mules or assses usually run at large;,and also to take up, between the months of November and March, any stray neat cattle, sheep or swine by him found going at large therein, beyond the range where such animals have usually run at large. Notice to owner, [1606.] SEc. 4. Such finder shall immediately give notice thereof and entry on township book. to the owner of any such animal, if known to him; but if the owner 13 Ill Rep, thereof be unknown, such finder shall, within ten days, cause notice thereof to be entered with the Township Clerk, in such book as afore said, containing a description of the color, age. and natural and arti ficial marks of such animals, as near as may be, and the name of such finder, and shall pay such clerk twenty-five cents for entering the same; and shall also cause such notice to be posted up in two of the most public places in such township.? 52Form of Notice to the Township Clerk of Finding Lost Goods. To the Township Clerk of the Township of Concord. SiR:-You are hereby notified, that I did on the day of - A. D. 18-, in the public highway, near the house of L. M., in the township aforesaid, find the following goods: (here describe the goods,) which are now in my possession. Dated this- day of - A. D. 18-. A. B. 53Form of Ntice of taking up Stray Animal to be entered with Township Clerk. To the Township Clerk of the Township of Liberty. The undersigned hereby gives notice, that he did on the - day of Township Laws of - oetigan. 260 [DIV1. XXVo w. xxvi.] Lo8 oo am B4s. 261 [1607.] SEC. 5. If the owner of any such animal or animals b henn~tieto shall not, within one month, appear and reclaim them, and such nsPaPer animal or animals taken up at the same time shall be of the value of ten dollars or more, the finder shall cause such notice to be published in a newspaper in the same county, if one be published there, and if Y not, then in a newspaper published in an adjoining county, and con- A tinned therein for six successive weeks. [1608.] SEC. 6. Every finder of lost goods or stray animals, of the ApPraisatl of lost goods and stray value of ten dollars or more, shall, within' three months, and before beasts. any use shall be made thereof, procure an appraisal of the same to be made and certified by a Justice of the Peace of his township, which appraisal he shall, within said three months, cause to be-filed with the Township Clerk; and he shall pay to such Justice fifty cents for such appraisal and certificate, and six cents for each mile necessarily traveled by him in such service, and to the clerk six cents for filing the certificate. [1609.] SEC. 7. If the owner or person entitled to the possession When owner, &c. to have restituof any such money or goods, other than stray animals, shall appear at tion. any time within one year after such entry with the Township Cle'k, and make out his rights thereto, heshall have restitution of the same, or of the value thereof, upon his paying all the costs and charges aforesaid, together with a reasonable compensation to the finder for keeping and taking care of the same, and for his necessary travel and expenses in the case; which charges shall, in case of disagreement between the owner and finder. be determined by some Justice of the Peace of the township, who shall certify the same. [1610.1 SEC. 8. If no owner or person entitled to the possession Whaselnegooa,is&ict., .~~~~~~~~~~t....year.shall remain'with of the same shall appear in one year, then such lost money or goods finder, and town ship entitled to shall remain to the finder, he paying one-half of the value thereof toonehalf of value. the Treasurer of the township, according to said appraisement, after deducting from such value all the fees and charges aforesaid, to be determined and certified by a Justice of the Peace as aforesaid; and upon the neglect or refusal to pay the said half of the value, the same shall be recovered by the Township Treasurer, in an action of debt, or on the case. [1611.] SEC. 9. If the owner or person entitled to the possession when owner,c. of any such stray beast, shall appear within six months after such of stray beasts. entry with the Township Clerk, and shall make out his right thereto, he shall have restitution of the same, upon paying all lawful charges as before provided in the case of lost goods. [1612.] SEC. 10. If such owner or person entitled to the posses. Sale of stray beasts and disposion of the same, shall not appear and make out his title to the animals, sition of proceeds within the said six months, such animals shall be sold at the request of the finder, by any constable of the township, at public auction, A. D). 18- find one certain stray horse, found by him going at large in the township aforesaid, at (state where the horse was found,) being beyond the range where horses usually run at large, which horse is still in possession of the undersigned. Dated this - day of- A. D. 18-. A. B, Div. XXVIV.] Lost Good,s and Stray Beaots. 261 262 To8 L8 o! [DIV. x upon first giving notice thereof in writing, by posting up the same in three of the most public places in such township at least ten days before such sale, and the finder may bid therefor at such sale; and the moneys arising therefrom, after deducting all the lawful charges aforesaid, and the fees of the Constable, which shall be the same as upon a sale on execution, shall be deposited in the Treasury of the township. When owner, &c. [1613.] SEc. 11. If the owner or person entitled to the possession to receive moneys o deposited with of any such animal, shall appear within one year after the entry with Township Treas urer. the Township Clerk as aforesaid, and establish by his own affidavit, or otherwise, to the satisfaction of the Township Treasurer, his title thereto, he shall be entitled to receive tbe money so deposited in the Township Treasury, from the proceeds of the sale; and if no owner or person entitled to the possession of the same shall appear within the said year, such money shall belong to the township. Finder neglecting 1.o to advertise,&O [1614.] SEC. 12. If the finder of any lost money, goods, or stray toadvertise, &c., L to lose benefit ofbeasts shall neglect to cause the same to be entered, advertised, or ths chapter. notice thereof to be posted, ad directed in this chapter, he shall be precluded from' all the benefits of this chapter, and from all claim for keeping such goods or animals, or on account of any charges min rela tion thereto. Liabnaility of per- [1615.] SEC. 13. If any person shall unlawfully take away any son unlawfuiy hll y a taking stray anDi-animal, taken up as a stray pursuant to the provisions of this chapter, reals. without paying all the lawful charges incurred in relation to the same, he shall be liable to the finder thereof to the value of such animal, which may be recovered in an action of trespass, or on the case. When horses, &c [1616.] Sic. 14. If any horses, mules or oxen of sufficient age may be moderate-' ly worked by and strength, and used to work, shall be taken up under the provisions finder. of this chapter as strays, and shall not be reclaimed by the owner within one month after the entry thereof with the Township Clerk, the person taking up the same may moderately and carefully work such horses, mules, or oxen, within the township where they were so taken up; and the value of such labor shall be deducted from the charges aforesaid. 262 Town8rsM Laws of- Mhlg. [DIV.. XXVL DIV. xlvii.] rows- mpowr. 63 DIVISION XXVII.-OF CERTAIN MUNICIPAL REGULATIONS OF COhMP LL. 1857,7 POLICE., p. 517. Chapter Forty-Nine of the Revised Statutes of 1846 THEATRICAL EXHIBITIONS AND PUBLIC SHOWS. [1637.] SECTION 1. The Township Board of any township, or the Township eBoard may license corporate board of any village, may at any me.!ting held for that pur- showsandexhibipose. license theatrical exhibitions, public shows, and such other exhi-tios. bitions as they deem proper, to which admission is obtained on payment of money, upon such terms and conditions as they shall think reasonable, and may regulate the same in such manner as they shall think necessary for the preservation of order and decorum, and to prevent any danger to the public peace; but no such license shall be in force for a longer time than the officers granting the same shall have been elected to office. 1638 ] SEc. 2. Any person who shall set up or promote any such Punishmentfor setting up shows exhibition or show, or shfiall publish or advertise the same, or other-without license wise aid or assist therein, without a license first obtained, as provided in the preceding section, or contrary to the terms and conditions of such license, or while the same is suspended, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding two hundred dollars. GUNPOWDER. [1639 ] SEc. 3. The inhabitants of every township or incorporated Inhabitants of townships, &c., village may, at any regular meeting, order that no gunpowder shall may makeregula. tions in relation be kept in any place within the limits of such township or village, to keeping.on unless the same shall be kept in tight casks or cannisters; and that no gunpowder above the quantity of fifty pounds, shall be kept or deposited in any shop, store or other building, or in any ship or vessel, which shall be within the distance of twenty-five rods from any other building, or from any wharf; that no gunpowder above the quantity of twenty-five pounds, shall be kept or deposited in any shop, store or other building, within ten rods of any other building; and that no gunpowder above the quantity of one pound, shall be kept or deposited in any shop, store, or other building, within ten rods of any other building, unless the same shall be well secured in copper, tin or brass cannisters, holding not exceeding five pounds each, and closely covered with copper, brass or tin covers. [1640.] SEC. 4. Upon complaint made on oath to any Justice ofnen search warrant may be the Peace, by any township or village officer, that he has probable issued. cause to suspect that gunpowder is deposited or kept within the limits T)IV. xxvii-I Shows - Gun r. powde' 263 264 Towh Lw8 of chig. [DW. XXVII. of the township or village, contrary to any such order, such Justice may issue his warrant, directed to any Constable of such township, or the Marshal of such village, ordering him to enter any shop, store or other building, or vessel specified in said warrant, and there to make diligent search for the gunpowder suspected to have been deposited or kept as aforesaid, and to make return of his doings to such Jus tice forthwith. viorfaetingtw fOpref [1641.] SEc. 5. If any person shall commit either of the offences ceding sections. mentioned in the two preceding sections, he shall forfeit a sum not exceeding twenty dollars; but the two preceding sections shall not extend to any manufactory of gunpowder, nor in any case prevent the transportation thereof through any township, or fr6m one part of any township to another part thereof. OF DOGS. Regulations by [1642.] SEC. 6. The inhabitants of any township or incorporated township, &c.. relating to dogs. village, may make such by-laws concerning the licensing, regulating and restraining of dogs going at large, as they shall deem expedient, and may affix any penalties not exceeding ten dollars, for any breach thereof; but no such by-laws shall extend to any dog not owned or kept in such township, and no person shall be obliged to pay more than two dollars annually for any license granted under the provisions of this chapter. Monleys resceivedb [1643.] SEc. 7. All money received for the several licenses menfor licenses to be L JLO oe paid to Treasurer. tioned in this chapter, shall be paid to the Treasurer, for the use of the township or village, as the case may be. SEc. 8, 9.a An Act for the Protection of Sheep and other Domestic Animals, and for other purposes. Approved March 28,1850. Laws of 1850, p. 155. When dogs may [1644.] SECTION 1. Be it enacted by the Senate and House of be lilled. be e. epresentatives of the State of Michigan, That any person may kill any dog that he may see chasing, worrying, wounding, or killing any sheep, lambs, swine, cattle, or other domestic animal, out of the enclosure or immediate care of the owner or keeper, unless the same be done by the directions or permission of such owner or keeper; or any dog that may suddenly assault him while he is peaceably walking or riding anywhere out of the enclosure of the owner or keeper of such dog. Owner liable for dogs kiableg dfor [1645.] SEC. 2. If any dog shall have killed or assisted in killing, dogstilnc d- * anymls mestic animals. wounding or worrying any sheep, lamb, swine, cattle, or other domes tic animal, or that shall assault or bite, or otherwise injure any person while traveling the highway, or out of the enclosure of the owner or keeper of such dog, such owner or keeper shall be liable to the owner of such property or person injured in double the amount of damages sustained, to be recovered in an action of trespass, or on the case, and aRlepealed. Sea Sec. 1648. 264 T'owen,hip L~aws of Xi-chigan. [DIV. XXVIIL t)Iv. XXVIL] D~~~~~g8. 265. it shall not be necessary, in order to sustain an action, to prove that the owner or keeper knew that such dog was accustomed to do such ,damage or mischief; and upon the trial of any cause mentioned in Tral; partie, may be examined this section, the plaintiff and defendant may be examined under oath, touching the matter at issue, and evidence may be given as in other cases; and if it shall appear to the satisfaction of the Court by the evidence, that the defendant is justly liable for the damages complained of under the provisions of this act, the Court shall render judgment against such defendant for double the amount of damages Judgment. proved, and costs of suit; but in no case shall the plaintiff recover more than five dollars costs. [1646.] SEc. 3. The owner or keeper of any dog which has been owershancau.e chasing, worrying, wounding or killing any sheep, lamb, swine or cattle dog to be killed. (not the property of such owner or keeper,) out of his enclosure, or which has assaulted or bitten any person while peaceably walking or riding out of the enclosure of the owner or keeper, shall, within forty-eight hours after having received notice thereof in writing, cause such dog to be killed. For every neglect so to do, he shall forfeit the Penalty tor nosum of three dollars, and the further sum of one dollar and fiftyglect cents for every forty-eight hours thereafter, until such dog shall be killed, unless it shall satisfactorily appear to the Court before which a suit shall be brought for the recovery of said penalty, that it was not in the power of such owner or keeper to kill such dog. But no recovery shall be had, unless it shall satisfactorily appear that such dog has done the mischief of which such owner or keeper has had notice as aforesaid. [1647.] SEc. 4. Whenever a citizen of any township where the Supervisor to for penalty. trespass has been committed, shall make a complaint in writing, verified by his oath or other testimony, to the satisfaction of the Supervisor thereof, that a penalty imposed by the provisions of this act. has been incurred, he shall commence a suit for the recovery thereof in his name of office, and prosecute the same with due diligence; and the moneys recovered shall be by him paid into the Township Trea- Mo0negs to be pald into Twnship sury, to be applied towards the incidental expenses of the township. Treasury. [1648.] Sxc. 5. That sections eight and nine of chapter forty- Chsecti~ns Rand, Chap. 49,1R.5-,~ nine of the Revised Statutes of 1846, are hereby repealed: Pro ls46, repealed.vided, Such repeal shall not affect any action pending. SEc. 6. This act shall take effect, and be in force from and after its passage Dogs. 265 I)IV. xxvii.] y ~ ~' -o. V ~~~~I I coMP. L. 1857, DIVISION XXVIII. - OF THE DESTRUCTION OF WOLVES, AND Chap. LI., p. 521.oxious ANIMALS. OTHER NOXIOUS _A_NIMALS. Chapter Fifty-One of Revised Statutes of 1846. Bountyforkllmng [1649.] SECTION 1. Every person, being an inhabitant of this wolves, &c State, who shall kill a full grown wolf, or a wolfs whelp, in any organized township in this State, shall be entitled to a bounty of eight dollars for each wolf over three months old, and four dollars for each wolfs whelp under the age of three months, to be allowed and paid in the manner hereinafter provided. Wolf or wolPs [1650.] SEc. 2. Every person intending to apply for'such bounty, head, &c., to be taken to Justice. shall take such wolf or wolf's whelp killed by him, or the head thereof, with the ears and skin entire thereon, to one of the Justices of the Peace of the township within which such wolf or whelp shall have -.been taken, who shall thereupon associate with him another Justice, or an Assessor, or Commissioner of Highways of such Township, to act with him in deciding upon such application. Exaraination of [1651.] SEC. 3. The person claiming such bounty shall then be applicant. sworn-by such Justice, and state on oath the time and place, when and where every wolf and wolf's whelp, for which a bounty is claimed by him, was taken and killed; and he shall also submit to such further examination oli oath, concerning the taking and killing of such wolf or whelp, as the Justice and officer associated with him may require, and the statement made by him shall be reduced to writing in the form of an affidavit, which shall be subscribed by the person making it. When certificate [1652.] SEC. 4. If it shall appear to the Justice and officer assoto be gen. ciated with him, that the wolf or whelp was taken and killed within such township by the person applying for such bounty, and that the mother of any such whelp was not taken before she brought forth the same, they shall cut off and burn to ashes the ears and scalp of such wolf or whelp, and deliver to the person so applying a certificate of the facts, and whether the same was over or under the age of three months when taken, annexing thereto the original affidavit made and subscribed by such person. Certificate to be [1653.] SEC. 5. Such certificate, with the affidavit annexed, shall, delivered to j, Supervisor. within fifteen days after the date thereof, be delivered to one of the Supervisors of the same county; and if such Supervisor shall doubt the correctness of the certificate or affidavit, he shall give notice to the person claiming the bounty to give further evidence of the cor rectness thereof, and shall retain the papers in his hands until such further proof shall be made. Certificate to be [1654.1'SEc. 6. If such Supervisor shall have no doubt as to laid before Board of Supervisors, the correctness of such certificate and affidavit, or if his doubts shall c. be removed by further proof, he shall lay such certificate and affidavit before the Board of Supervisors at their next meeting, and if the 0 Townsh laws. of Mickigan. [DIV. XXVIII. !2.66 DIV. XXVItI.] TFolves. board shall be satisfied that such certificate and affidavit are just and correct, they shall award to the person to whom such certificate shall have been granted the bounty above specified, and shall cause the certificate and affidavit to be filed with their clerk. [1655.] SEC. 7. Duplicate certificates, stating all the bounties that Duplieate bocertfis ~~~~~~~~~~~~~~~~~~~~ cates of bounties shall have been allowed by the board at any meeting,shall be made under to be delivered to Treasurer, and their direction, and after being signed by their chairman and clerks bounties paid. shall be delivered to the County Treasurer, who shall thereupon pay to the several persons named in such certificate, out of any moneys in the Treasury for defraying the contingent expenses of the county, the bounties to them respectively allowed. [1656.] SEC. 8. The County Treasurer shall charge to the Trea- One half of boun ties to be charged surer of the State the one half of all the bounties allowed by the tostateTreasuret Board of Supervisors, and shall transmit an account thereof to the &C X Auditor General, accompanied by one of the duplicate certificates received from the Board of Supervisors, and shall also procure and transmit with such account, a certified copy of the original certificates and affidavits filed with the Clerk of the Board of Supervisors, upon which the bounties mentioned in such account shall have been allowed. [1657.] SEC. 9. The Auditor General shall examine every account Audttor General so transmitted to him, and if he shall discover gny defect or irregu-t&c.;Xpriceeadings larity, which shall induce him to believe the same ought not to be thereon. allowed, he may suspend, in whole or in part, as he may think proper, the payment of such account, until satisfactory proof be made to him, by affidavit or otherwise, of the justice of such account; and if the further proofs produced to him shall not be satisfactory, he shall reject such portion of the account as shall have been suspended, and his decision thereon shall be final and conclusive. [1658.] SEC. 10. Every sum audited and allowed by the Auditor Sums audited to be paid out of General, upon any such account, not exceeding the one half of the StateTreasury. bounties allowed by the Board of Supervisors, shall be paid out of the Treasury of the State, to the Treasurer of the county from which such account was transmitted. [1659.] SEC. 11. The Boards of Supervisors of the several coun-gAddtional bounties of this State shall have power, at the expense of their respective counties, to award and allow such other and further bounties for the destruction of wolves, wolf whelps, and such bounties fol the destruction of panthers and other noxious animals within their respective counties, as they may think proper; and the same proof shall be required in such case as is hereinbefore prescribed, and such additional and other bounties, when duly allowed and certified, shall be paid out of the County Treasury.a [1660.] SEC. 12. If any Justice of the Peace, or other officer, ivingfae cerf flcate amizdewho shall be applied to for a certificate under the provisions of this meanor.mde chapter, shall willfully give a false certificate in the premises, such Justice or other officer shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding five hundred dollars or imprisonment in the county jail not exceeding one year. aSee Subdivision 13, of Section 35, p. 189. Irv. xxv.'i.] Wolves. 26-7; -6 on~ ~3o DV XX COMP. L. 1857, DIVISION XXIX.-OF COUNTY AND TOWN AGRICULTURAL (hap. LI~., - p. 50., SOCIETIES. An Act for the Encouragement of Agriculture, Manufactures, and the Mechanic Arts. (Approved March 16, 1849. Laws qt 1849, p. 97.) Where County [1687.] SECTION 1. In any county in this State where the inhabiAgricultural Sow ciety raise annu- tants thereof have organized and established, or may hereafter ally $100 or more, Supervisor8s to organize and establish a Society for the encouragement and advance. levy a tax. ment of Agriculture, Manufactures, and the Mechanic Arts, and shall raise from said Society annually the sum of one hundred dollars or over, for the promotion of the above objects, in said county, which fact shall be certified by the President and Secretary of the Society under oath, and a certificate thereof shall be filed with the Clerk of the Board of Supervisors, the Board of Supervisors of said county, at their annual session in each and every year, are hereby required to levy a tax of not less than one fortieth, nor more than one tenth of one mill on the dollar, on the assessment roll of the county, which tax shall be collected and paid to the Treasurer of the county, in the same manner that other taxes are collected and paid.a County Treasurer [1688.] SEC. 2. The Treasurer of the county shall keep the sum to hold sameasesureb-8. EC ony ke ject to order of so raised subject to the order of the Board of Supervisors of said Supervisors. county. Moneysto be ext [1689.] SEC. 3. The said Board of Supervisors shall draw upon pendeadforboenenfit.. of County Agri- the said Treasurer for the sum so raised, and the same shall be excultural Society. pended, under the direction of said Board, for the benefit of said Society in the purchase of premiums, the diffusion of valuable agri cultural, manufacturing, and mechanical knowledge, or in such other way as shall, in the opinion of the Board, be calculated to promote and encourage the important objects above specified. Certain actre- [1690.] SEC. 4. The Act entitled "An Act for the Encouragement pealed.o 1844, p.23. of Agriculture," approved March second, eighteen hundred and forty four, is hereby repealed. Any citizen ofthe [1691.] SEC. 5. Any citizen of any county in which a Society of county may become member of the kind above named is or shall be organized, shall have a right to County society. become a member thereof by complying with the rules and regula. tions of said Society. SEC. 6. This act shall take effect and be in force from and after its passage. :aAs Amended by "An Act to Amend an Act entitled,'An Act for the Encouragement of Agriculture, Manufactures, and the Mechanic Arts,' Approved March 16,1849." Approved February 6,1855. Laws of 1855, p. 26. f. 268 Townshi.p -Laws of MicAigan.. [DIV. XXIX. DIV. Xix.] County and Town Ageicultural Societies. An Act to Authorize the Formation of County and Town Agricultural Societies. Approtved.February 12, 1855. Laws qf 1855, p. 150. [1692.] SECTIoN 1. The People of the State of Michigan enact, How county and ,Town Societies That any ten or more persons, inhabitants of' this State, who shall Tomaybe organized. desire to form a town or county Agricultural or Horticultural Society, in any county, town, city or village of this State, may make, sign and acknowledge duplicate articles of association, before any officer authorized to take acknowledgements of deeds in this State, and file the same in the office of the Secretary of the State Society, and also in the office of the County Clerk of the county in which the business of the Society is to be conducted; in which articles shall be stated the name by which such Society shall be known in law, the particular business and objects of such Society, the number of Trus. tees, Directors or Managers, who shall manage the same. and the names of such Directors, Trustees, or Managers thereof, for the first year of its existence. [1693.] SEC. 2. Upon filing such articles of association as afore. Ineorporation of; what property said, the persons who shall have signed the same, and their associates they may hold. * and successors, shall thereupon, and by virtue of this act, become a body politic and corporate, by the name stated in such articles: Pro. vided, No two Societies shall assume the same name; and by that name they and their successors shall and may have succession, and shall be persons in law capable of suing and being sued: and they and their successors may have and use a common seal, and the same may alter and change at pleasure; and they and their successors, by their corporate name, shall in law be capable of taking and receiving, purchasing and holding real estate for the purpose of their incorporation, but for no other purpose, to an amount not exceeding the sum of twenty.five thousand dollars in value, if a county Society, and ten thousand dollars if a town, village, or city Society, and of personal estate for a like purpose, to an amount not exceeding ten thou sand dollars, if a county Society, and five thousand dollars if a town, village, or city Society; and may make all necessary by-laws for the management of said Society, not inconsistent with the laws of this State or of the United States. [1694.] SEC. 3. Any person who shall pay into the Treasury of Wheto be stocksaid Society, annually, in such time and manner as the by-laws thereof s. shall direct, a sum of money not less than fifty cents nor more than one dollar, and subscribe to the articles of association, shall be a stockholder therein, and entitled to all the privileges and immunities thereof. [1695.] SEC. 4. The officers of said Society shallconsistof a Presi- Officers of sock dent, a Secretary and Treasurer, and at least five Directors, and they ties shall be elected annually by the stockholders of said Society; and said officers shall constitute a board for the management of the concerns of said Society, a majority whereof shall be a quorum; and it shall be the duty of said officers to manage the property and concerns 269 270 Tow8p Lw8 of [DW. XXIX. of said Society, as will best promote the interests of Agriculture, Soldefies mad -Horticulture, and Mechanic Arts; and they may hold fairs and exhihold fairs and award premiums. bitions, and may distribute premiums for the best and most meritori ous animals or articles exhibited in these several departments, as shall be by their by-laws and regulations provided. Number of socie- [[1.696.] SEC. 5. There shall be but one County Society in any one ties limited.Soit county of this State, nor shall there be more than one Town Society in any one town, village, or city, but two or more towns may join and organize a Town Society for such towns.b Whsocieties may behow [1697.] SEC. 6. The said Society may, in case the uses and conveauthorized to sell nieuce thereof so require, upon application to the Circuit Court of real estate. the county where such Society is organized and located, obtain and have authority to sell, from time to time, the whole or any part of its real estate, the granting of such authority to be in the discretion of the Court, and such application to be made only when authorized by said Society, at an annual meeting thereof, by a vote of not less than two-thirds of the members of such Society present at such meeting, and notice of the intention to vote for such application having been published in some newspaper published in said county, if there be one published, and if not, then in some newspaper published in an adjoining county, once a week for three months next preceding such. annual meeting. Stockholders In- [1698.] SEC. 7. The stockholders of all corporations, organized dividually liable for labor. under this act, shall be individually liable for all labor performed for such corporation or association. Ofcerstomake [1699.] SEC. 8. The President, Secretary and Treasurer of said report to State Society.o Society shall, on or before the twentieth day of December in each year, make out and transmit to the Secretary of the State Agricul tural Society, at his office, a statement of the transactions of said Society for the preceding year, and giving a full detail of the receipts and expenditures thereof, with a list of the premiums awarded, and to whom and for what purpose. Act subjpect to i[1700.] SEC. 9. This act shall be subject to the provisions of chapcertain provisions See Chap. 73. ter fifty-five, title ten, of the Revised Statutes of eighteen hundred and forty-six, so far as applicable to associations formed under this act. SEC. 10. This act shall take effect immediately. bas Amended- by "An Act to Amend Section Five of an Act entitled,'An Act to Author, Ize the Formation of County and Town Agricultural Societies,' Approved February twelftheighteen hundred and fifty-live." Approved February 16,1857. Laws of 1857, p. 398. Tow shi ~aws of /ichign. 270 [DIV. X~X. INDFIX. Absconding Persons, When Superintendent of the Poor may apply to seize estate of......- 35 Sale by owner,after warrant issues, to be void,.-..................... 35 Acceptance Of'office by Overseer of Highways and Pound Master; notice to be given,................................................... 76, 77 Accounts, What to be audited by Township Board...... --------------------— 82,83 Of Directors and Justices of the Peace for services concerning poor; by whom audited.................................... —----------------------------------—... 253 Action on the Case, Remedy in, for injury by nuisance..... —-------------------------- 224 Adjournment Of polls at elections, one hour................................. 14 How poll lists, box and key io be kept, —-.. ——.. —.. —...-. -— 16 Of township meeting to another place,.............................. 70 Affidavit Of posting to be endorsed on application for new townships.... —-. 53 To be filed to obtain license to become broker...................... 147 Affirmation, Form of, when voter is challenged. —-. —-.. —. —-. —..-... —.. - 31 Agent, Supervisor to be, for each township......... —--------------------------- 89 Agreement In relation to watercourses, by whom and how made............161, 162 Agricultural Societies. When Board of Supervisors to lay tax to aid county societies. —----- 268 Money to be expended under direction of Board of Supervisors'... - 268 Any citizen of county may become a member... —----------------- 268 How county and town societies may be organized......... —. 269 Their powers when incorporated.................................. 269 Requisites to become stockholder................................. 269 Officers of the societies...... —-----------------------------------.269 Sotieties may hold fairs and award premiums....................... 270 Number of societies limited.................... ------------ 270 When and how authorized to sell real estate......... -. 270 Stockholders liable for labor done for Society. -......270 Officers to report to State Society.............................. 270 Index. Appeal - From Board of Auditors of Wayne County; how taken............. 60 Allowed from Commissioners in discontinuing or refusing to discon tinue road............................................... 191, 192 To be taken to Township Board................ 192 Proceedings where appeal is from commissioners of adjoining town ships or counties.................................:.192 Duty of Township Board to whom appeal is taken................ 192 Form of appeal from Commissioners.............................. 192 Application, Form of, for erection of new township ---------—.. 51 Of freeholders for alteration, laying out, or disontinuing highways 179, 183 To be made to Commissioners of Highways..................... i79, 183 Form of, for laying out highway................................... 184 To be made by Commissioners to Justice of the Peace, for jury, where highway is applied for................................. 185 Form of application to Justice of the Peace........................ 185 Form of, to Commissioners for repair of bridge................ 205 For private road —-------........................... 211 Form of, for private road............................... 211 Form of, to Township Board for draining swamp.... —.. —...... 225 Appointment Of certain officers, by Township Board............................ 80 Of Township Treasurer, when to be made............-..........-.. 80 Forms for appointment of officers................................ 80, 82 By Jury, in case of laying out highway........................... 180 Of damages in cases of State roads............................... 199 Assessment. All property not expressly exempted, subject to taxation.......... 104 What construed to be real estate, and what personal property.-... 104 Property of private corporations, how assessed.................... ----------- 104 What property exempt from taxation —.... —.. —.. —-. —.104,105,109 Time of assessment, and place where.......................... 105, 106 In case personal property is mortgaged............. 106 University and other State lands to be assessed to purchaser who has made first payment-. —-.....-..-......................... 107 Partners, how taxed........... —.....107 Meaning explained of certain terms used in assessment law...... 107 Statement to be made in writing to Supervisor-. —--............. —.107,108,109 May be required under oath.................... —-............109 Time for reviewing assessments after completion.... —------------—. 110 Supervisor may alter as to valuation.............................. Real estate, how described..........................-.......110,111 Examination by Board of Supervisors... ------------...112,113 Board may make alterations.... —------------------------------- 113 And may equalize.................................. 113 Assessment Roll, What it shall contain...................................... 110 Non-resident lands to be entered on separate...................... 112 When reviewed and completed, Supervisor to attach certificate...... 112 II III Assessment Roll, Board of Supervisors to examine.................................. 112 Alteration in, by Board of Supervisors.................... 113 Chairman of Board to append certificate...-........ 113 Warrant to be attached.......................................... 116 When lands to be striken from................................... 138 Assessors, Of townships, when elected............................ *....-.69 Supervisor to be, by virtue of office............................... 81 Duty of, to take census and statistics........................... 100 102 Penalty for neglect to take census and statistics................. 102 Compensation of, for taking census...........................102 To call on each person and furnish blank for statement............. 109 May examine persons on oath................................ 109 When to be present and review assessment. 110 To attach certificate to assessment roll............................. 112 To proceed and assess taxes...................................... 114 To notify Treasurer of tax apportioned to his township.............. 115 May divide township into districts................................144 Attorney General, When elected.............................................. 9 Auctioneer, Person to become, must execute bond............................. 149 For what term may continue................................ 149 To render statement on oath.................................. —. 149 Duties on goods, when charged and when exempt................... 150 Sales, how made ----—....................-........- 150 Duties, how calculated........................................... 150 P'enalty for acting without authority................................ 150 Auditors, Board of, for Wayne County..................................... 59 When and how elected....................................... 59 Term of office.................................................. 60 Meetings of Board.......................................... 60 Their powers and duties......................................... 60 Compensation of,. --—...... --—................. - 61 Township Boards to audit accounts in townships..................82, 83 Auditor General, When elected....................................... 9 To supply blanks to County Treasurers........................ 110, 140 To apportion State taxes......................................... 114 Office charges.................................................. 123 To make statement of delinquent tax lands........................ 124 To cause statement to be published............................... 124 Shall designate newspaper to publish list.......................... 125 Amount to be allowed for publishing statement.................... 125 Statement to be published in county where lands lie.............- 125 To annex notice to statement.................................. 125 To transmit list of lands to County Treasurer.................... 125 Shall execute tax deeds................... 127, 136, 137 Index. fA Of IV Auditor General, To charge amount of redemption certificates to counties............. 129' May employ other person to conduct sales when County Treasurer shall not file bond.......................... 129 Shallsforbear to sell lands where taxes are paid..................... 130 To refund purchase money, when title is annulled.......... -.132 To state accounts of County Treasurers.... —---------------------—. 132 To charge taxes on lands rejected, overdo counties —--------------. 133 To forward to County Treasurers description of lands where taxes are rejected.-................... ——. —--------------—. 133 To furnish County Treasurers statement of lands in county, Lid in for the State..... —---—............. 135 To publish notice of sale of lands.................135 Unredeemed lands, subject to sale at office of.... —------------------ 137 To audit expenses of sale of lands bid in for State... - —. —....-... 138 May be defendant in ejectment to recover lands bid in by State..... -. 138 When shall offer lands for sale for subsequent taxes.. -. - --------— 138 Shall transmit to County Clerks and Treasurers list of lands struck from assessment roll............. ----------------------------------—........... 138 When shall refund taxes......... —----------------------------------- 139 To cause law to be printed and furnished to certain officers.. —------- 140 To credit counties with certain taxes paid....i.......... 143 To refund money, when sale is invalid............................ 144 To estimate and charge specific tax due from corporation...... 151 Proceedings when company neglect or refuse to pay tax. —----.- - -— 151 Duty when corporation fails to report......................... 151 To apportion sums to be raised for State expenses................152 Shall examine accounts for bounties............................... 267 Sums audited by, for counties, to be paid by State........ —-.-.. 267 Ballot, Electors, shall by....................-..................... 14 Requisites of.................................. —---------------------------------------—........14, 74 Number of names must correspond with number of offices to be filled.....................................................14, 74 When received, how deposited.-.........................-........16, 73 Excess of, on canvassing, how disposed of..............17, 75 Ballots, and copies of defective ballots, how kept................... 18 What township officers, to be elected by........... —----------------------- 69 Ballot Box, How provided, and by whom kept... —------------------------ 15, 16 To be examined before opening polls —-..................... 16 Not to be opened during election................................. ------------------------------ 16 Ballots to be deposited in............................... —-----------------------------—...... 16, 73 How kept at each adjournment.................................. 16 When to be opened, and ballots counted.......................... 17 Ind,ei-e. 0 :E3 -~~~~f~x Banks, To pay tax on capital stock paid in............................... 145 When certain portions of stock exempted......................... 145 When stock paid in within six months, tax to be paid in proportion. 145 Proceedings in case of neglect to pay tax................ 145 Banking Laws, Vote on, how taken, canvassed and certified....................... 23 Blanks To be furnished by Auditor General........................... 140 Board of Canvassers, Who constitute board of county canvassers.. —--------------------- 19 When and where shall meet.......................- 19 Duty when one is unable to attend.................... 19 When may adjourn to next dayv................................. 19 To organize, and canvass votes.-..................20 How to proceed in canvassing votes................... 20 Determination of persons elected ------------ 21 Proceedings in case of tie vote..................... 21 Duplicate statement of votes for Senator, to be made..... - 22 District canvassers, who shall constitute.......................... 23 Time and place of meeting, and duties...........23, 24 State canvassers, who shall constitute.......................... 24 Duty of State canvassers....................................... 25, 26 May adjourn from day to day..... —-------------------—.... ---------- 27 Board of County Auditors of Wayne County, (See "Auditors.") Board of Education, (See "' State Board of Education.") Board of Health, Of whom constituted —........................................... 217 Shall appoint physician to be health officer........................ 217 To make regulations respecting causes of sickness.. —------------- 217 Duty to purchase burying ground................. 217 To hold fee of such ground in trust............................... 217 Expenses of purchase and fencing, how paid.................... 217, 218 Notice of their regulations, how published...................... --------------------— 218 To examine into and remove nuisances..... -.. 218 Proceedings when nuisance found on private property............. 218 May remove nuisance at expense of owner......................... 218 Court may order nuisance removed................................ 218 Board may enter building or vessel............................... 218 May permit removal of infected articles.......................... 219 Shall make provisions in cases of small pox....................... 219 May restrain travellers —-............................... 219 May take possession of houses and provide nurses............. 219 Infected baggage, clothing and goods, how secured................. 220 May impress houses to store baggage and other goods............... 220 Power of officer executing warrant... -—.-........... 220 Charges to be paid by owner of infected goods.................... 220 Compensation for houses and nurses, how paid..................... 220 Index. v .1. VI Board of Health. Prisoners attacked by disease may be removed..................... 220 Prisoner returned not considered as escaped................... 220, 221 Board may establish Quarantine................................. 221 May order vessel removed to Quarantine ground.................. 222 Hospitals subject to regulations of the Board.................. 222, 223 Shall cause sick persons to be removed to hospital......-........... 223 Shall endeavor to prevent spread of disease.......... 223 Shall assign places for offensive trades............................ 224 Who to exercise powers of Board in cities and villages........ 224 Board of Registration, Of whom composed............................................. 34 Their duties.................................................. —--------------— 34, 35 Justices of the Peace may act in absence of members.. -.. -...-... - 35 Board to have access to poll list.................................. 35 Sessions when held............................................ 36 Shall question all persons presenting themselves for registration..-. - 37 To review and correct list of names ---------------------------—............................... 39 Compensation to members of................................... —-. --— 42 To take oath of office.............. —..........42 Board of Supervisors, When may order special elections................................ 10 In ordering special elections, shall state in order how vacancy occurred 12 When county divided, property to be adjusted by Supervisors...-.. 44 To meet and make settlement and adjust property.................. 44 In case of disagreement, commissioners to be appointed............ 44 Legal proceedings against, how conducted......................... 45 Meet annually second Monday in October... —---------------------- 46 May hold special meetings... —-----------------------------— 46, 48 Aldermen in Detroit, having shortest term, are members of the Board 46 Majority shall constitute quorum...................... I...........46 Questions before, how decided --------------...................... -46 Shall choose one of their number chairman........................ 46 Power of Chairman....................................... —-------------------------------------—..... 46 County Clerk to be clerk of Board..... —-------------------------- 47 Duty of clerk, and compensation.. —------—..... -.- 47 Books and records'to be deposited with clerk..... —------------------- 47 Board to examine Treasurer's account............................. 47 To cause public buildings to be repaired.......................... 47 To cause cells to be prepared for convicts........................ 47 To publish report of receipts and expenditures.................... 47, 48 Special meeting, when may be held —------------------.......... 48 General powers of the Board...................................48, 50 Two-thirds vote required on certain questions...................... 51 Have power to make representative districts....................... 51 May divide or alter boundaries of townships.... —.............. 51 Shall designate, name new townships. and time and place of first meeting................................................... 54 May designate place for removal of county seat................... 55 Index. VI Jne. YII Board of Supervisors, Power concerninig erection of dams and bridges...........56, 57 Power to lay out, alter, or discontinue State roads.......58, 198 Compensation of members..!.................................... 58 Forfeiture for neglect of duty...... —-------------------------------- 59 When shall elect Auditor of Wayne County....................... 5a Powers of, in Wayne county...................................-.. fi60 To cause suit on County Treasurer's bond......................... 63 Supervisors of township to be members of Board.................. 81 Duty to examine assessment roll.............................. 112, 113 May equalize assessment........................................ 113 To,cause aggregate valuation of property to be entered........... 113 To apportion county tax -.................... -114, 152 To furnish Auditor General list of taxes rejected, or charged back... 133 When to cause lands to be re-assessed........................133, 134 To transmit names of officers who have incurred forfeiture-........140 To appoint assessors for unorganized territory..................... 143 To apportion tax among several towns............................ 152 May cause money to be raised for building bridges................ 204 Limitation of amount to be raised................................ 204 Power to grant license to keep ferries ------------------------—............................ 209 procure standard of weights and measures............. 214 To appoint commissioners to superintend the drainage of lands. —---- 228 Duty of, concerning tax to be levied for making ditches............ 230 Duty to appoint Superintendents of the poor...................... 237 May order Superintendents to erect poor-house.................... 238 May raise tax to purchase land and erect buildings...... —..... -—.....-. 239 May restore distinction between town and county poor..........-... 243 Required to levy tax for benefit of agricultural societies............ 268 Bond Of County Treasurer, form of............................... -.61 To be approved by Board of Supervisors.......................... 61 To be put in suit, on condition forfeited................... 63 Moneys recovered on, how applied................................. 63 County clerk, required to give.................................... 63 Form of condition..................................-. 63 Township Treasurer to give..................................83 115 Form of...................................................... 83, 115 Commissioners and Overseers of Highways to give............... 85 To be approved by Supervisor or clerk............................ 85 Form of bond of Commissioners and Overseers................... 85, 86 County Treasurer to execute to Auditor General.................... 129 May be offered to Commissioners of Highways as indemnity in prose cuting for penalty.. —---------------....................................... 159 To be given by applicant for license to keep ferry.................. 209 Person violating same guilty of misdemeanor........v...... 209 Boundaries of Counties To remain as established unless changed by law................... 43 Plrison limits co-extensive with.......................,.......... 43 .Inde,,,r. Vil I VIII iniaex. Boundaries of Townships, Board of Supervisois may alter................................ —------------------ ------- 51 To remain as established until otherwise changed.................. —--------------- 67 Bounty, For killing wolves..................................v. 266 Applicant for, to go before Justice of the Peace... 266 Certificate may he granted to applicant........v. 266 Certificate to be delivered to Supervisor........................... —--------------------- 266 Certificate to be laid before Board of Supervisors who may award bounty ---------------------------------------------— 267 County Treasurer to pay bounty ------------------------------ 267 Auditor General to examine accounts for.......................... 267 Sums to be paid by State to County Treasurer..... —---------------- 267 Board of Supervisors may allow additional, for wolves and other animals ---------------------------------------------- 267 Giving false certificate a misdemeanor............................. 267 Burying Grounds, Duty of Board of Health to purchase...............217 Board of Health to hold fee of, in trust for township.. —------------ 217 bridges, (See " Roads."9) Board of Supervisors may permit building of, over navigable streams 56 When money may be raised for building.... —....................... 204 Limitation of amount to be raised................................ 204 Forfeiture for fast driving over............................. —---------------------------—.... 204 Penalty for injuring ---------------------------------------- 204 Repairs in case of injury, or destruction by freshet, how made -.-204, 205 Mloneys how raised therefor ----------------—. —-—............................... —-------—..... 205 Form of application for repairs... —-------------------------—.. - 205 Owners of mills to maintain bridges over their mill races ------.205,206 Broker Shall obtain license...................................... —------------------------------------—....... 146 Cases where no license is required.......................... —-------------------------—..... 146 Proceedings to obtain license. —----------------------------—................................... 147 Per cent. to be paid before license is granted...... —------------------- 147 Penalty for engaging as, without license.......................... 147 Prohibited from connection with banks............................ 147 By-Laws of Townships, Inhabitants may make........................ —-----------------------------------—. 68 Penalties for breach of............................... —----------------------------------—..... 68 Publication of, required...............................-.......... 68 a Canal, Tax on Capital stock..................................... 145 In lieu of other taxes.. —-. —-................. - 146 Taxes how collected............... -..................... 146 Canvass Shall commence on closing polls.......... —.... —....-.......... -17 To be public.. —................................-........17, 74 0 index. viii inx. Ix Canvass, How conducted at elections...................................... 17 How corducted at township meetings............ —.............. 75 In Upp(r peninst.la, time of holding............................... 33 Canvassers, (See " Board of Canvassers.") Of county, who shall constitute................................... 19 Time and place of meeting.... I 19 Itl what: cases may adjourn....................................... 19 When messenger to be sent for statement of vt)tes........ 19 Organ ization of Board........................................... 20 Proceedigs in canvassin g..s....................20, 21 In case of tie vote............................................ 21 Clerk to tiansmit copy of statement to Governor............ 22 Certificate to be delivered to persons elec ted. 22 Concerning banking law, how conducted.....23 Who shall constitute District canvassers........................... 23 Duties and proceedings of District canvassers..................... 23, 24 State canvassers, who shall constitute....................24 Duties anil( proceedings of State canvassers.-......................25, 27 Compensation of canvassers...................................28, 29 Census, Duty of S l pervisor and Assessor to take....................... 100 Secretary of State',o prepare blanks.............................. 101 Duty of Supervisor and Assessor to condense....................... 102 When p(-eIsois may be appointed to take...................102, 103 Penalty foir leglect of duty...................................... 102 Compensationii of Supervisor and Assessor.......................... 102 Certificate to be attached to return................................ 102 Duty of Secretary of State, relative to return.....................103 When Governor to appoint Marshals to take....................... 103 Certificate, Of Canvassers, to be delivered to persons elected..-.... -22 Of Canvassers, to be published in newsaper...................... 24, 26 Of State Canvassers, to be made and recorded...................... 25 By Inspectors, of persons elected at township meeting.............. 75 Clause in case of tie vote........................................ 76 Of drawing by Justices for classes............................... —.. 78 By Township Clerk, in case of resignation. 79 Of Fence-viewers, of value of repairing or building fence............ 93 To be attached to census returns.................................. - -02 By Supervisor to assessment roll.............................. —---------------------------—.... 112 Of Chairman of Board after equalization........... -----------------------—. 113 Of sale of lands for taxes......................-................ 126, 136 Deed executed on presentation of, to Auditor...................... 127 Loss of, how supplied, to obtain the deed.......................... 128 Duplicate, to be issued on redemption............................. 128 In cases of encroachment of fence on highway...................... 202 Of freeholders, of nlecessity of private road.~.......... 212 Where marshes are sources of disease.............................. 225 B Index. ix x 1Jex. Certificate, Of Jury, in relation to opening ditches........ —---------------------—. 227 In case of bounties for wolves.................................... 266 False certificate in case of bounties, a misdemeanor................. 267 Certified Copy, Of determination of State canvassers, to be delivered by Secretary of State to persons elected......... ------------------------------- 26 Of contents of registers, under registry law shall be prima facia evi dence................ —------------------------------ ---------------- 40 Chairman of Board of Supervisors. Process shall be served on, in proceedings against counties.......... 45 Duty of in such cases....................................... —------------------------------------—.... 45 Chosen at first meeting board in each year....................... —-------------------- 46 Has power to administer oaths.. —------------------------------ 46 To certify corrected assessment roll..............................- 113 Challenge of Voters. Proceedings where person is challenged at election......... 14,15, 30, 31 Form of oath to person challenged.... —------------------------ 15, 31 Proceedings in challenges at township meeting, same as at general elections.. —-------------------------------------------- 74 Circuit Court, Duty of, to call attention of Grand Jury to officers under the registry law....... —----------------------------------------------—. 41 To order persons to provide for poor relations... —------------------ 234 Circuit Judge, Election of, and term of office.................................... 29 Term of office, when to commence...... —--------------- ------------- 30 City Clerk, To report to Secretary of State, under registry law................. —-------------- 41 City of Detroit. Recorder's Court in, has jurisdiction of offences under registry law.. - 41 Entitled to additional-Supervisors................................ 46 Common Council of, to appoint person to take census............... 103 Assessors of wards to have powers of Supervisors.. —..-.....-... —.. 140 Collectors of wards to have powers of Township Treasurers........ 140 City of Grand Rapids. Entitled to additional Supervisors............................. -.. 46 City of Monroe. Entitled to additional Supervisors................................ 46 Clerk of Board of Supervisors. Process in suits against county, may be served onl..... 45 County Clerk, to be............................................. 47 His duties...................................................... 47 To record proceedings of Board.................................. 47 To preserve and file accounts acted upon............... 47 To certify under seal of Circuit Court, copies of resolutions and pro ceedings, when required...................... —------------------------------—. 47 To make two ertificates of amount assessed on each township........ 114 Clerk of Circuit Court. To deliver copy of judgment of court annulling deed for taxes... 132 Iand~ex X Clerks of Election. Township Clerk to be one.... —----------—..-. —---------—...13 Inspectors to appoint another....... —-----------------------------—.. 13 Shall take constitutional oath of office...........................13, 28 Inspectors may administer oath............................... 13 To keep poll list........................... 16 To compare list at each adjournment........................... 16 Township Clerk to be, at township meeting... 73 Commissioners. (See a'Drainage.") May be appointed to adjust matters on division of coun ty............44 May be appointed to superintendent drainage of swamps and marshes 228 Required, first to take oath..................................... 228 To organize and appoint chairman...................................... 228 Proceedings in construction of ditches............................. 228 May summon jury........................................... 228 To estimate expense, and cause maps to be made............. 229 Shall contract for nraking ditches................................. 229 Shall report to Circuit Court..................................... 229 Court may confirm report......................................... 229 Confirmed report to be filed...............................230 Tax may be levied in each township.............................. 230 Power to locate and re-locate drains or ditches................... 230 Penalty for injuring drain................................... 230 Compensation of Commissioners.............................. 231 Drains, by whom kept in repair.............................. 231 Commissioners to audit claims............................... 231 To report in writing to Board of Supervisors....................... 231 May be controlled or removed by Board of Supervisors.......... 232 Compensation of chairman and Jury.............................. 232 To issue order on county treasurer for damages.................232, 233 Where application is claimed by Commissioners, cost to be paid by applicant.............................................. 233 Special Commissioners, when appointed........................... 233 Board of County Commisioners abolished, (Note.)...............243 Commissioners of Highways. Election of, and term of office.................................... 69 Penalty for neglect of duty....................................... 85 Require to give bond............................................ 85 Bond to be approved and filed............................... 86 Township clerk to be clerk of Commissioners..................... 86 To have care and superintendence of highways and bridges.....153, 168 General powers and duties....................................153-156 Power to alter roads............................................ 153 Power to lay out, and discontinue roads......................156 Shall render account to Township Board.......................... 156 To cause guide posts to be erected................................ 157 When may appoint overseers.................................... 158 Warrant of appointment to be filed............................... 158 When shall prosecute overseer for penalty........................ 159 Index. xi XmI Commissioners of Highliway's, 'T'o meet aIl( affix oides t toatiscribed survey bills —. —...-.. ----------— 161 - uties )f, in elation to water courses-.........................- 162-167 To have care of streets in village plots............................ 168 Time and place of meeting to assess highway taxes.................. 169 To make statemrent of l)ersonal property.......................... ---- 169 Mlanlner of proceeding in assessing hi,ghway labor.......170, 71 To apply commutation money in improvement of reads............. 177 Major(ity must sign oirder to draw money...... 177 When shall contract at pubtlic auction............................. 178 Maiy admi nister oaths iil certain cases..................... ----—........ 178 Proceedings on application for laying out, altering, or discontinuing highway................................................179, 183 Shall cause survey to be made-...................199 Shall make application to justice, for Jury......................179. 185 Proceedlings as to roads between two townships..................180, 189 To give notice to owners of place of meeting.................... 181, 189 Shall give notice to remove fences........................ 182, 194 May applyv for Commissioners, instead of Jury.................. 182, 190 Person aggrieved by decision of, may appeal.................. 191,192 To present statement of road expenses to township meeting........ 197 May be authorized by Board of Supervisors to State and Territorial roads...................................................... 1 8 Shall order encroachment on highways removed.................... 200 Proceedings for removal of encroachment....................... 202-202 May put up notices on bridges................ —...............-..... 204 DuLty to repair bridges injured by fieshetI......................,. 04, 205 To erect or repair bridge over mill race............................. 206 Shall prosecute for penalties, on reftsal of overseer to prosecute...207, 208 Duty on application for private road............................211, 213 Common Council. May put up and maintain notice on bridges......................... 204 Common Council of Detroit. Shall appoint person to take census........ 103 Compensation. (See Fees.") Complainant. Cost and damages to be paid by, in case of failure to establish en croachmnient on highway..................................... 202 Condition (See ",Bond.") Of County Clerk's official bond.................................. 63 Constable, Election of.................................................... 69 Not exceeding four in township.................................. 69 Oath of office................................................... 76 Penalty for neglect to qualify................................... 79 Resignations, how made......................................... 79 Shall give security........................................... 84 Security to be approved and filed............................... 84 Shall serve all process fi-om township Board and township Clerk.... 85 May serve process in any township ia his county................... 85 In de,,v. ................a...../.e...... Constable. Are ministerial officers of Justices..............-....-.......... 85 Requiried to attend sessiolns of Circuit Court..........-......-...-..... 85 Constitution. Votes for and agaist amendment to, how taken and canvassed........ 22 Contracts, Construction of, concerning goods and commodities sold by weight... 216 Conveyances. 1'rior conveyances for benefit of county, in any form declared valid in the county................................................. 43 Of lands of county how ma(4e................................... 43 To townships, how made........................................ 68 Corporate Property, Hlow assessed.............................................. 104 May be sold for taxes................................... 104 What exempt from taxation...................... 105 Corporations, Yearly lax on capita stock of,.......................-.......145, 146 Taxes, how collected......................................... 145, 146 Cost, In suits by and against counties.................................. 45 Court Commissioner, Pelsu,ns interested in lands sold for taxes may take proof before...... 130 Court House, ( See "County Buildings.") County required to provide...................................... 43 Supervisors to repair............................................ 47 Counties, Rights, powers and duties of,.................................... 43 Are bodies corporate, for certain purposes.......................... 43 Conveyances for benefit of, declared valid......................... 43 Real estate of, how conveyed..................................... 43 To provide court house, jail, and offices............................ 43 Prison limits co-extensive with boundaries of,...................... 43 When liable for escape of prisoner............................... 43, 44 Lands and personal property, how apportioned in case of division of, 44 Debts apportioned in same manner............................... 44 Commissioners appointed to apportion, when Supervisors cannot agree 44 Suit by and against, same as between individuals.................. 45 Sutits so be in name of county, (AYote.)............................ 45 Prccess against, how served...................................... 45 Who are competent witnesses and jurors.......................... 45 What actions against, may be before Justices of the county......... 45 Cost in suits by and against, how recovered........................ 45 Judgment against, how enforced and collected..................... 45 Property and business of, under control of Supervisors.............. 50 Supervisors may divide, into representative districts............... 51 Liable fior damages in opening State road......................... 199 County Auditors, (See " Auditors.") County Buildings, County required to provide..................................... 43 In. xIV County Buildings. Board of Supervisors required to repair........................... 47 When and by whom insured..................................... 63 County Canvass, (See " Canvassers.99) County Clerk. Shall be Secretary of Board of County Canvassers................. 19 To transmit statement of votes to Governor............... 22 To deliver certificate to persons elected to office....... —---------------—. 22 Shall transmit to Secretary of State list of officers elected-........ - 22 To transmit original statement to District Canvassers............... 23 To transmit to Secretary of State copy of statement of District Can vassers..................................................... 24 Compensation of, for services in canvassing votes.................. 28, 29 Shall be Clerk of Board of Supervisors,........... -, 47 Duty as Clerk of Board of Supervisors.......................47 To give notice of special meeting of the Board.................... 48 Of Wayne county, to be Clerk of Board of Auditors................ 60 Cannot hold office of County Treasurer........................... 62 Election of..................................................... 63 To give bond.................................................. 63 Form of condition of bond...................................... 63 Shall appoint deputy to be approved by Circuit Court.............. 64 Responsible for acts of Deputy................................... 64 When Deputy shall act......................................... 64 To procure books at expense of County........................... 64 Shall transmit list of Justices to Secretary of State................ 64 To notify Secretary of State of vacancy in Justices................. 64 To keep office at seat of justice.................................. 64 Shall receive compensation provided by law....................... 64 May approve security of Justice of the Peace...................... 87 Justice's bond to be filed' in office of.............................. 87 To receive and deliver census blanks............................. 101 Duty in relation to census returns................................ 102 To file duplicate receipts for taxes, issued by County Treasurer... -. 123 To enter license for ferry........................................ 209 To keep standard of weights and measures........................ 214 Fees for sealing weights and measures............................ 216 County Officers. Election of........................................... 9 General powers and duties...................................... 46, 64 Governor may remove for cause.................................. 65 County Property. Board of Supervisors have control of............................. 50 County Poor House, (See sPoor House.") County Sealer. County Clerk shall be.........................-....214 Shall cause standards to be tried........................214 To try and certify township standards..................... 215 Fees for sealing.................................................. 216 Index. . ITL xv County Seat. Question of removal to be submitted to People........ —----------------- 55 Manner of voting on proposition................. —--------------------—.... —---- 55 County Treasurer. Election of....................................................9, 61 Term of office, two years........................................ 61 To give bond................................................61,129 Bond, by whom approved......................................61,62 May appoint Deputy........................................... 62 Vacancy, how supplied......................................... 62 What officers cannot hold office of Treasurer....................... 62 To receive and pay out money of the County. —------------------- 62 Shall exhibit books and vouchers to Board of Supervisors........... 62 Books, papers, and money to be delivered to successor.. —------------ 62 Compensation for services... —--------------------------------—. 62 To cause County buildings to be insured..... —---------------------—. 63 Shall collect insurance money................................. 63 Bond put in suit, on condition forfeited.......................... —------------------------ 63 To keep office at seat of justice..... —--------------------------- 63 To charge to township amount of tax apportioned................... 114 To file and keep Township Treasurer's bond. —------------------ 115 When may issue new warrant to Township Collector... —------------ 118 To compare statement with tax roll ----------------------------............................... 119 To credit Township Treasurer with certain uncollected taxes, and give receipt..... —---------------------------------------—...11.. 9, 120 Shall cancel Township Treasurer's bonds oni final settlement —..-.. 120 When to issue warrant to Sheriff to collect taxes.................. 122 When may proceed against Sheriff for neglect...... —----------------- 122 To enter delinquent lands, and forward transcript to Auditor General 122 To add office charges upon certificate. —----------------------—............................ 123 To issue duplicate receipts for taxes received...................... 123 To pay moneys into State Treasury. —--.... —--------------------- 124 To sell lands for non-payment of taxes........................ 126, 135 May be prosecuted by Auditor General.... —---------------------- 129 To bid off land for State... —------------------------------ 129, 130 Duty in case of double assessment............................... 133 To lay statement before Board of Supervisors.. —---------- ------- 133 To issue certificates of sale to purchaser........................... 136 To make returns to Auditor General.............................. 136 To notify Clerk of paying money to Township Treasurer........... 141 To return statement of University and School lands............. —-—... 142 To forward auctioneer's statements to Auditor General ------------ 149 Shall open account with townships for support of poor........-...... 251 To lay account before Board...........................,,, 252 Cow Pox. Board of Health may direct inoculation with...................... 224 Ind,ex. xv xv' Damages, In case of opening ditches or water courses, and draining swamps and marshes................................................ 164. 227 Appraisal of, in case of laying out, altering, or discontinuing roadst-........................179,;180, 185, 186, 191 In case of highways in cities and villages.........................196 In case of State roads, how appraised and paid.................... 199 To be paid by complainant, on failure to establish encroachment on highway.................................................. 202 Applicant for private road to pay.... —......... —....... —....... 213 For obstructing or injuring ditch-.................................. 228 How paid when ditch is constructed..............................232 Dams. Supervisors may permit across navigable streams............. 56 Proceedings of persons desiring to construct...................... 56, 57 Deed, How obtained and executed, for lands sold for taxes............ 127, 136 Deputy. County treasurer may appoint................................... 62 County clerk shall appoint one........................ 64 To be approved by Circuit Court................................. 64 When shall act as clerk......................................... 64 Detroit, City of, (See "City of Detroit." Directors of the Poor, Of townships, election of...... —.....................69 Number to be elected........................................... 69 Penalty for neglect to qualify..................................... 79 Resignation of office how made.................... 79 Shiall direct manner of support of poor by relalions................ 234 Money received by, to be paid to County Treasurer....... -241, 242 Duty concerning paupers from other townships.................... 248 May make order for weekly allowance for poor persons............ 250 ~To keep accounts.........................-..................... 252 When to account to Township Board....................I......... 252 Forfeiture for neglect of duty.................................... 253 Duty on receiving notice of pauper enticed........................ 254 Consequence of neglect to remove pauper —-....................-. 254 To sue for penalty......... —....... —. - —,255 Allowed c(sts and pay for attending suits......................... 256 Disorderly Conduct At elections and township meetings, how punished............... 17, 88 District Attorney In Upper Peninsula..................................33, 34 Act in relation to........................................... 34 District Canvass, Time of holding........................................ 23, 34 Manner of conducting........................................23, 23 District Canvassers. (See "Board of Canvassers.9") Who shall constitute.............-.........................,. a 23 Index. Dm op~ District Canvassers. (See " Board of Canvassers."f) What number constitute quorum............................ 23 Time and place of meeting.....................................23, 33 Manner of proceeding.......................................... 23, 24 District Court. Duty concerning officers under registry law......................... 41 District Judge. Election of, in Upper Peninsula...............................,33 Ditch. (See "Water Courses.9") May be cut in marshes to prevent disease......................... 225 When applicant may enter and open..-.................. -........ —.. 227 May be cleaned out from time to time........................... 228 Penalty for obstructing or injuring............................ 228, 230 Commissioners for construction of............................... 228 Division of Counties. Lands and property, how apportioned............................. 44 Dogs. Township regulations in relation t o.,,............ 264 Moneys for license to be paid to Treasurer........ —------ 264 When dogs may be killed by any person.......................... 264 Owner liable for dogs killing domestic animals................ 264 On trial parties may be examined................................ 265 Owner shall cause dog to be killed............................... 265 Penalty for neglect to do so..................................... 265 Penalty, how recovered and applied.............................. 265 Drainage. See (" Commissioners.") Of swamps and marshes; proceedings concerning............225, 233 Supervisors to appoint commissioners to superintend............... 228 Drawing Lots By candidates for office, having tie vote..........................32, 76 Driver Running horses guilty of misdemeanor........................... 258 Drunkenl driver not to be employed........................ 258 Penalty for leaving horses unfastened............................. 259 Duplicate Receipts To be issued by County Treasurer............................ 123 Duties On articles sold at auction..................................149 What exempt from........................................ 150 Education. State Board of, election, and term of office......................... 27 Ejectmenit, Action of, in case of lands sold for taxes....................... 138 Election, General, time of holding............................. 9 What officers chosen at.................................., 9 Special, when held........................................ 10 Notice, how given..................................... 12 Cs . Index. :a_ xVIII Election, Who shall be inspectors of. 13 When electors may choose inspectors...A............... 13 Who to be clerks of...........................-.................. 13 Time of opening aud closing polls..................... 13 How electors shall vote.................................., 14 Qualification of voters............. 14, 15 Ballot box provided............................... 15 Ballots, how deposited..................... —................. 16 Manner of receiving votes and conducting elections........... 16 Disturbance, how punished...................................... 17 Canvass of votes...................-.................. 17 Double ballots destroyed................................... —---------------------------------—... 17 Statement of result by Inspectors................................ 18 Ballots to be preserved...........-.t.. -18 Poll lists to be filed. —----—..-...........18 For Circuit Judge and Regent, when held......................... 29 In the Upper Peninsula......................................... 33 Electors. Of President and Vice-President, when chosen....-9, 11 Time and place to convene...-..........-... —. —-.. —-..-..., 27 Qualification of, to vote at elections and township meetings........14, 89 Privileged from arrest on election day..'-.. ----—..,,.29 Encroachment On highways, proceedings to remove.............................. 200 Evidence In action for recovery of taxes................................ 118 Tax deed shall beprimafacie.........................127,136 Execution, Not to issue on judgment against county.. —... —....... —-.............. 45 On judgment for taxes, how collected... —.......................... 118 Exempt Property, What shall be from taxation................................... 104,105 Exhlitions.. Township and village board may license..,............ 263 Punishment for proceeding without license........................ 263 Expenses Of township, for road and bridges, to be presented by commissioner of highways................................................ 197 :F False Swearing, Punishment for, in swearing in vote.............................. 31 Fast Driving Over bridge, penalty for......................................... 204 Fees D,f certain county officers.. —....... —-..-............ -- -... -. 28, 29 Of Township Clerk —---------------—.. ---— a.a —40 Of Supervisors........................................ 458 $6 Index. 0 XIX Fees Of Auditors of Wayne county................................... 61 Of County Treasurer,...,, —, —----------—...,,,, 62 Of County Clerk.................................,. 7 -64 Of township officers,......................87, 88 Of fence viewers.............................................. -------— 99 Of Supervisor and Assessor...................................102, 113 Of Township Treasurer......................................... 121 Of sheriff, in executing warrant of county treasurer................ 122 Of officers and jurors establishing water courses.................... 167 Of jurors, appraising damages on roads........................... 188 Of court, appointing commissioners.............................. 190 Of commissioners to assess damages.,,...............190 Of Township Clerk for sealing weights, &c........................ 215 Of County Clerk for sealing weights, &c.......................... 215 Of health officers....... —---------------------------------------- 217 Of jurors and officers in relation to draining swamps.............. 227 Of commissioners in relation to draining swamps.................. 231 Of Superintendents of the Poor. --------- ------------- 237 Fences. What constitutes lawful fence.,,, 92 Partition fences, how maintained... —---------------------------- 92 Proceedings in case of neglect to repair or re-build. —-------------- 92 Remedy of complainant for repairs'.......i............... 93 In case of neglect, party erecting and maintaining, entitled to double value ----------.,., 94 When occupant to) pay for fence assigned to him................... 94 Partition fences to be kept in repair throughout the year.... -.. 94 Proceedings when lands are divided by river, creek, or brook....... 95 When partition fence not to be removed........................... 96 Lands occupied in common, how divided.......................... 96 Whert occupant owner to pay one half of partition fence............ 97 Partition fence, running into water. 97 When line of unimproved land divided, who to erect fence.,,,...97, 98 No damages for trespass, where lands not ellnclosed by lawful fence.... 99 Sixkvty days' notice given to remove from highway................ 194 In case of encroachment upon the highway.2...................00, 202 Fence Viewers. To assign fence in case of controversy............................ 93 Proceedings of, where lands divided by river, creek, or brook.. -. 95 Cases when one to be taken from each township........,,,,:, 97 Overseers of highways to be fence viewers. 98 Penalty for neglect of duty...................................... 98 Compensation of................................................ 99 Ferries, License for keeping, how obtained... —--------------------------- 209 Rates of ferriage, how regulated............,.,,,.,,....,.,209 When license not granted except to owner of land v.,-,,,.,,,.., 209 When bond given by owner of,............,,.,,,,,,209 Persons using without license, a misdemeanor....... —----------------- 210 When persons may be prosecuted in either of two counties......... 210 Ind,ex. xx I- x Fine, (" See Forfeiture.") For injuring ditch or drain....................................... 230 Forgery, Persons guilty of, in falsifying register, or copy, under registry law.. 40 Punishment fo.................................................. 40 Forfeiture By Supervisor for neglect of duty................................ 59 By Commissioners and Overseers of Highways for neglect of duty... 85 In case of neglect to pay taxes.............................142 For encroachment on highways............. 200 For fast driving over bridge...................................... 204 For enticing paupers from one township to another................. 253 By Supeintendent for neglect to render account...-.............. 255 By person bringing pauper into State....-.-.- 255 By certain officers, for neglect to report concerning poor:........ 257 For violating law concerning gunpowder.......................... 264 Forms Of notice of election by Township Clerk............. 12 Order of Inspectors to commit person to prison —............. 17 Statement of Inspectors of result of election..................... 18, 75 Request for special meeting,of Board of Supervisors............... 48 Notice to Supervisor of special meeting.........48 Application of freeholders for new townships...................... 51 Application to have part of township detached.................... 52 N otice by twelve freeholders of application........................ 52 Notice of application for new township............................ 52 Affidavit of posting foregoing notice.............................. 53 Order establishing new township............................53 Certificate to be attached to order and map of new township... —------- 53 Notice of first township meeting................................. 54 Notice of submitting removal of county seat...................... 55 Notice of submitting question of loan or tax...................... 56 Bond of County Treasurer................................... —--------------------------------—.... 61 Notice, by three voters, of calling township meeting......... 71 Request for special township meeting........................... 72 Order for special township meeting............................... -72 Clerks-list of voters at township meeting......... 73 Proclamation of closing polls.................................... 73 Certificate of Inspectors of election of officers at township meeting.. 75 Notice to persons elected at township meeting..............- -...... ---------— 77 Notice of acceptance of ovcrseer of pound master....... 77 Notice to justices to determine classes by lot...................... 78 Notice to Township Clerk of meeting of Justices to determine classes by lot.. —---------------------------------------------- 78 Certificate of drawing, by Justices for classes.............. 78 Notice by overseer or poundmaster, declining office.................. 79 Resignation of township officer............................... —----------------------------—.... 79 Township Clerk's certificate to resignation........................ 79 Temporary appointment by Township Board....................... 80 Appointment of Treasurer by Township Board..................... 80 Inde.T'. X-X I~~~de~~~~. XXI~~~~ 'Forms. Appointment of Deputy Township Clerk.................... 82 township Treasurer's bond.................................... 83, 115 Instrument by Constable and sureties.............. 84 Supervisor or Township Clerk's approval of Constable's sureties.... 85 Board of Commissioners and Overseers of highways... —......... 85 Signification of Township Board, requiring bond of Overseer of high ways................................................ 86 Supervisor or Township Clerk's approval of bond of Overseer of high ways................................................. 86 Instrument by Justices and sureties............................... 87 Notice of request, by Supervisor, of meeting of Township Board, for disposition of property....................................91 Determination of fence viewers, directing delinquent to repair fence.. 92 Certificate of fence viewers of value of partition fence..............93 Assignment of partition fence..................................... 94 Determination of fence viewers when lands divided by river....... 95 Determination of fence viewers of value of partition fence............ 96 Assignment of Fence Viewers of time for making partition fence.... 96 Writing by Fence Viewers of value of partition fence................97 Notice of determination not to improve lands...................... 98 Agreement to divide and maintain fence.......................... -. 98 Certificate to census returns, by Supervisor or Assessolr.............. 102 Warrant for collection of taxes................................... 116 Notice of sale of goods and-chattels by Township Treasurer......... 117 Affidavit of Township Treasurer on return of the list............... 119 Orders of Commissioners of Highways.........................154, 155 Account of Commissioners of Highways, to Township Board........156 Appointment of Overseer of Highways............................ 158 Notice of appointment of Overseer of Highways................... 158 Acceptance of Overseer of Highways............................. 159 Bond of indemnity to Commissioners of Highways............... 159 Notice, by Township Clerk to Commissioners of Highways, of trans cribing survey bills......................................... 160 Order establishing highway when survey bills have been transcribed, 161 Application to Commissioners to lay out highway.................. 184 Application to Justice for jury............................... 185 Notice by Justice of meeting to select jury........................ 186 Warrant to summon jury....................................187 Jury's return on assessing damages.............................. 187 Order of Commissioners, laying out road....................... 188 Notice of Commissioners, to owners, of meeting to discontinue road.. 189 Order of Commissioners discontinuing road........................ 190 Release of damages by owner of lands............................ 191 Appeal fiom Commissioners discontinuing or refusing to discontinue road....................................................... 192 Notice to appellant in case of appeal.............................. 192 Notice to Commissioners ill case of appeal.......................... 193 Decision by Township Board in case oftppeal...................... 193 in.de,xi. xxi a XXII Forms. Notice to remove fences.......................................... 194 Statement of Commissioners of expenses ensuing year............... 197 Report of Commissioners of survey of State Road... —-------------- 198 Order of Commissioners to remove obstruction from highway........ 200 Precept to summon fireeholders in case of encroachment on highway. 201 Oath of jurors and witnesses..................................... 201 Certificate of jury in case of encroachment........................ 202 Certificate of jury where no encroachment is found...... —------------- 202 Application to Commissioners to repair bridges...... —---------------- 205 Application for private road...................................... 211 Citation to freeholders, in case of private road..................... 212 Oath of freeholders, in case of private road........................ 212 Certificate as to necessity for private road.......................... 212 Notice by Township Clerk of time and place of sealing weights, &c.. 215 Application to Township Board for draining swamp... —------------ 225 Certificate where swamps are source of disease.... —----------------- 226 Summons for jury............................................... 226 Certificate of jury in relation to opening ditches.................... 227 - Notice to Township Clerk of finding lost goods.................... 261 Freeholders May apply for alteration, discontinuance or laying out highway..179, 183 General Elections. When held, for certain officers................................ When vacancy to be filled by. —-------------------------------....... In Upper Peninsula, when held............................ —---------------------------—..... Governor. Election of.......................... —---------------------------------------—. — When may remove county and township officers.6.. When may appoint Marshals to take census...................1 Grain. Weight of per bushel................................. —----------------------------------—......... 216 Grand Rapids, (See " City of Grand Rapids.") Guide Posts. Commissioners of Highways shall cause to be erected............. 157 Gunpowder. Inhabitants of township or village may make regulations for keeping. 263 Warrant may issue to search for powder kept contrary to rules pre scribed.................................. —--------------------—. —--------------- 263, 264 Forfeiture for violation of law concerning......................... 264 0 Hawker, (See "Peddler.9) Health Officeer, Of township, to be appointed }y Board.......................... 217 His compensation......................................... 217 Indevo. 9 10 33 9 103 1-1. XXIUH Highways, (See "'Roads.") Commissioners may lay out, alter, or discontinue................... 156 Who assessed to work on......................... —------- --------------------------- 169 Commissioners, when and where to meet and assess tax. —---------- 16!) Overseers to furnish list of inhabitants assessed. —--------------- 169 Commissioners to make statement and description of property.... 16!), 170 How Commissioners to proceed in assessing highway labor......170, 171 Manner of proceeding to lay out, alter, or discontinue public roads-] 79, 181 Number of freeholders to make application for laying out, altering. 9r discontinuing of... —----------------------- ---------- 179, 183 Application for, to whom made... —------------------------- 179, 183 Proceedings for highway between two townships.. —--------------- 189 Width of, to be four rods.......................... —--------------------------------—. 189 Existing highways legalized.... —------------------------------ 191 Lands given for highways.. —----------------------------- 191,195 Appeal allowed from Commissioners. —------------------------ 192 Duty of Township Board in case of appeal ---------------------- 192 Commissioners to cause survey to be made... —-------------------- 193 When laid out and not worked in four years. are vacated.. —-------- 195 Power of cities and villages concerning ----------------------—........................... 195 Penalty for obstructing... —----------------------------------- 200 Proceedings of Commissioners in case of obstruction... —------------ 200 When fence may not be removed................................ 202 Penalty for not removing fallen trees............................. -------------------------- 202 Liability for falling trees into................ ---------—.................. —------ 203 Penalty for obstructing navigable river. ------------------------ 203 Owner entitled to trees standing or lying in....................... —------------------- 207 Owner may plant trees along...... —------------------------------ 207 Misdemeanor to remove milestone................................ 207 Liability for injuring; overseer to prosecute for...... —---------------- 207 When Commissioners shall prosecute for injuring.. —--------------. 207 Highway Labor Who shall be assessed to perform............................. 169, 170 Assessment of, by whom made............................ —----------------------------—.. 170 Credit to persons working on private roads........ —-------------------- 171 Notice to persons assessed to work on...................... —---------------------—...,. 172 Commutation for assessment of................................... ------------------------------- 172 Commutation to be paid in twenty-four hours.......... —---------------- 172 Overseer may require cart and other implements to be furnished... — 173 Work may be performed by substitute ------------------—.................... —-—........ 173 Penalty for idleness or refusal to work............................ 173 Penalty, how recovered —--------............................173, 174 Account to be rendered by overseers............................ 176 Hospitals. For persons having small pox, and other diseases................... 222 To be regulated by Board of Health.... —......... —..-...-..... —... —.. 222 Inoculation with small pox must be at hospital.................... 222 Board of Health required to provide........................... 223 Persons infected to be removedto —.. —............................. 223 Penalty for violating regulations of..............................-. 233 Index. Houses of Worship. Exempt from taxation-.. -.. ------.......... -. —. -...... — 144 I-T IdiOts and Lunatics. Provisions for support of. I............................240, 256 Improvements. To be paid for by owners recovering land sold for taxes............. 142 Inhabitants. Of townships, body corporate.................................... 67 For what purposes may raise money............................... 67 May make orders and by-laws................................ 68 May annex penalties thereto...............................68 To vote sum to be assessed for support of poor.................... 253 Inoculation. With cow pox, how provided.............. —----------------------—. 224 With small pox, penalty for, except at hospitals..................... 222 Inspectors of Election. Who shall constitute............................................. 13 Number to form quorum......................................... 13 When electors may choose.................................. 13 To take oath.................................................13,28 May adjourn for one hour............................ —.-.. 14 Who shall be Chairman of Board of.............................. 14 To receive and depos ballots.... —------------------------------- 16 Duty to challenge suspected voter................................ 16 Duty to preserve order at elections............................16, 74 Duty to commit to jail disorderly persons............- 17 To canvass votes after close of polls.....,...................... 17 Excess of ballots, how disposed, of.............................. 17 To draw up statement of canvass and make duplicates..-.......... 18 Duty in relation to Circuit Judge and Regent of University....... -- 29 May adjourn township meeting to another place.................... 70 At township meetings, who shall constitute........................ 73 Manner of conducting election at township meeting............... 73, 74 Canvass at township meeting, how conducted...................... 74 Shall certify to persons elected at township meeting................ 75 Instrument. To be executed by Constable and sureties......................... 84 To be executed by Justice and Sureties............................ 87 Insurance. To be obtained on public buildings.............................. 63 County Treasurer to collect money in case of injury by fire....-.. —. 63 Jails, (See "Court Houses and Jails.") County to provide. SuCount to rparoie................................................ * Supervisors to repair-...................-.-...-.. To bebuilt by Supervisors..................................... . .. - 11.1 I.. I I.... . --. 1 I in d#X - ltmm tT 43 47 49 xxv Judge of Probate. Election of............9................................. 9 Judgment, Against county, how collected.................................... 45 Jurors. Inhabitants of county competent, where county interested..... 45 How selected in case of water courses............................. -164 Mode of selecting where one of Commissioners of Highways is inter ested. -...............................................186 Jury. Selection of, in case of opening water courses...................... 164 In case of laying out, altering, or discontinuing highways.-....... 185, 186 Provision for new jury.......................................... 187 Compensation of..............................................18 8 In case of taking land by corporation for highw ay................. 195 Penalty for neglect to act........................................ In case of private roads, how selected and duty........ 212 In case of opening ditch, and fees of.............................. 227 In case of draining swamps, and compensation................... 232 Justice of the Peace. What action may be brought by county before..................... 45 Term of office, four years........................................ 69 Election of.............................................. —. 63 When classed by lot —----—..-.......69 When to enter upon duties.......................... 77 In case of residing in new township.............. 77 Mode of classifying............................................ 77 To take oath of office, and file same with County Clerk............. 86 To give security.............................................. 87 Sureties to be approved and instrument filed..................... 87 When and how Justices and Sureties may be sued................. 87 Penalty for entering on duties before qualification................. 87 Duty when applied to for jury by Commissioners of Highways...... 185 Proceedings in case of encroachment on highway................... 202 To be members of Board of Health............................... 217 Proceedings in case of draining swamps......... —---------------—. 226, 228 To provide for temporary relief of poor persons................... 239 May make order for relief of poor................................ 250 Lands, Disposition of, on division of township............................ 90 Bounded by rivers or creeks between owners, proceedings by fence viewers...................................... — - -. 95 In severalty, occupied in common, how divided- -.... A.. 96 Notice, on determination not to improve..........................98 No damage for trespass, if not enclosed by lawful fence............. 99 To be assessed, how described........A......................... 110 D* Ind,em. ii XXVI Lands. Non-resident, how assessed..-....................v......... 111 Sale of, for taxes, conveyance and redemption.-...........124, 126 Statement to be made by Auditor General......................... 124 Auditor General to tralnsmnit list of, to County Treasurer............. 125 Manner of selling delinquent lands........... 126 Hiow redeemed from sale......................................... 128 When to be re-offered for sale................................ 129 When bid in for State... ------------------------------------- 129 Bid off for State, liable to taxation........-............... 130 Proof to be taken by person interested in land sold.-........... 130 Bid off to the State, mode of redemtion and sale................. 135, 136 When to be struck from assessment roll.......138 Non-resident, how taxed for road labor......................... 169, 170 Given, for highway purposes.. —................................ 191 Larceny. Person destroying register of electors under registry law, guilty of,.. 40 Law of the Road. Persons meeting in carriages, to turn to the right-.......... 258 Penalty for not doing so......................................... 58 Penalty for employing driver addicted to drunkenness............. 258 Intoxicated driver to be discharged by proprietor.................. 258 Driver, running horses, guilty of misdemeanor.................... 258 Penalty for driver to leave horses unfastened....................... 259 Owners liable for injury done by persons in their employ.. 259 License, Broker must obtain.................................... 147 Amount to be paid for,...................147 Affidavit necessary to obtain,................... 147 Hawkers and Peddlers to obtain................................. 148 Penalty for hawking without,............148 Penalty for refusing to produce,.................................. 148 Board of Supervisors to grant, for keeping ferries.........-.. 209 Owner of.land to have preference...i —------- -..... 209 Applicant for, to give bond...................................... 209 When water divides two counties, license granted in either.......... 209 Lien, Persons having, may pay taxes, and acquire additional title........ -139 Lieutenant Governor, Election of,.............................................. 9 Limitation Of time, for opening highways, four years......................... 195 Of amount to be raised for building bridges.... —-. —.. —..-.... 204 List, To be furnished by taxable person to Supervisor..... —..........-.... 107 What to contain...-.............................-........... 108 Property paying specific tax, not to be included............... 109 Loan, Mode of submitting question of, to vote of people.....*......-...-... 56 Index.. XX'VL 4k XXVII Lost Goods, Notice of finding, how given..................................-... 260 Appraisal of,................................ 261 When owner to have restitution of, —-.............. —.. —.... —. —... —-. 261 Finder entitled to property after one year......................... 261 Shall pay one half of value to township........................... 261 Owner to have money deposited with treasurer..................... 262 Finder neglecting to advertise, to lose benefit of law. ------------- 262 Losses, Sustained by default of county or township Treasurer, to be charged to county or township...................................... 140 Marshes, Owner of, may apply to have drained.............................225 Measure. (See "Weights and Ieasures.") Charcoal, fi'uits, and 6ther commodities, to be heaped............... 216 MIessenger, When may be sent for statement of votes.......................... 19 Milestone, Personuremoving,,guilty of misdemeanor......................... 207 Mills, Owners of, to maintain bridges over races.......................... 205 Misdemeanor, Person removing milestone, guilty of,............................. 207 Ferryman violating bond, guilty of,............. —-------------------------- 209 For using ferry without license ---—.... —--------- 210 For enticing pauper firom one township to another.................. 254 For giving false certificate in case of bounties..... —------------------ 267 Moderator Of township meeting, who shall be............................... 88 Power and duties of,.......................................... 88 Duty to preserve order............................................ 88 Monroe. (See " City of Ilonroe.") New Township. Board of Supervisors have power to erec t......e.. i 51 Proceedings in organization of.................................... 54 Justice residing in, to continue in office............. -------—..... 77 Notice. In case of election to supply certain vacancies.............. 11 Of general elections..............................e......... 11 12 Of special meeting of Board of Supervisors....................... 48 In case of new township, or changing boundaries................. - 52 First township meeting —--------------.......................-......-..54, 71 Of submitting question of removal of county seat.................. 55 In case of raising money by tax or loan............. 56 To be given by Clerk to township officer elect...................76, 77 Inde. I\oa:_ k XXVIII Notice. Of acceptance of office of Overseer and Pound Master.............. 77 To Justices to determine classes by lot............................ 77 To Clerk, of meeting of Justices to determine classes...........-.. 78 By Supervisor, of meeting to apportion property............-.....-. 91 In case of erecting fence where stream is the boundary betw'n owners 95 Of determination not to improve adjoining lands...... —..... —. —. 98 By treasurer, on sale of property for taxes......................... 117 To be published with statement of taxes................ 125 To be given by Auditor General, of sale of lands................-.. 135 To person assessed for highway labor...........................-. 172 For selection of jury to appraise damages on highway.............. 186 In case of discontinuing road..............................i...189 To remove fence from highway.................................. 194 Nuisance. (See "Board of Health.") Places assigned for offensive trade............................... —. 224 Action for damages for...................................... 224 O0 Oath. Of Clerk and Inspectors of Election............................ 13, 28 Of person challenged as voter.................................. 15, 31 Of person whose name is not registered................: 37 Of Moderator, Clerk and Inspector, at township meeting............ 71 Of Township Clerks pro tern..................m.............-73 Of township officer.................................*............ 76 Of Justice of the Peace........................................ 76 Of jurors to appraise damage on highways..................... 187 Of jurors, in case of encroachment on highway.................... 201 Of witness, in case of encroachment on highway............. 201 Of freeholders, in case of private r o a d...........212 Oath of Offiee. (See " Oath.") Offensive Trades. (See 6Nuisance.') Office. Of County Treasurer, vacancy how supplied..........-...... 62 Of County Treasurer, where kept................................. 63 Of County Clerk, where kept.................................... 64 Of township officers, when vacant. —-... —---- --. —-. —-. 80 Officers. Of county, when elected........,................................ 9 Governor may remove...................... -",.65 Of township, how chosen............... —......... 69 Penalty for neglect to qualify................ 79 Order. For establishing new township................................... 53 Inhabitants of township may make..........................68 For special township meeting what to specify.............. -.72 Of Commissioners laying out highwayv............................ 188 For removal of encroachment in highway.......................... 200 Ind~e,r. h~~~~~ex. XXIX~~~~~~~~~~~~~~ Order. Of drainage Commissioners to draw interest....................... 231 To compel support of poor relation................................. 234 Overseer of Highways. Election of..................................................... 69 To take oath of office............................................. 76 N otice of acceptance............................................. -----------— 77 Penalty for neglect to qualify.................................... 79 Penalty for neglect of duty...............................- 85,158, 160 To give bond when required..................................85 Bond to be approved and filed................................... 86 To be Fence Viewers..................................... 98 Appointment of, in case of vacancy............................... 158 Duty of to remove stones from highway........................... 157' When assessment to be collected.................................. 157 May procure scrapers and plows............................ 158 Excess of work of, how paid for.................................. 158 To furnish list of inhabitants.................................... 169 To give notice to persons to work.................................. 172 To enter complaint for failure to work......................... 173, 174 To deliver to Supervisor list of delinquent lands................... -175 To render annual account........................................ 176 To pay over moneys to Township Treasurer....................... 177 Liable for neglect to pay over money............................. 177 To prosecute for injury to highway............................... 207 Pauper. When Superiutendents of Poor may remove...................... 221 Punishment for removing from one county to another.............240 Where to be maintained.....................................-. 240 Education o;f, expense how paid............................... 241, 256 Liability for removing pauper from another State...............241, 255 What deemed settlement of -—......I....................-247 Settlement may be contested..................................... 248 Support of, in certain cases...................................... 248 Not county charge without sanction of Superintendent.............. 248 Having legal settlement, how supported........................... 251 Proceedings when not legally settled.............................. 251 Peddler. To obtain license.............................................. 147 Application for license................................ — 148 When State Treasurer to grant license............................ 148 Must renew license annually............. -,, 148 Penalty if without license....................................... 148 Penalty for refusing to produce license............................ 148 Penalty. For fraudulent registration under registry law............e.36, 37, 38 9 Index. x.xix jp_ xxx Imex. Penalty. For false statement before Boards...........-.. 37 For illegal voting —---'........... —----- -—.-. —-.-.38 For false registration.............................. -------------— 39 For falsifying or destroying register............................-.. 39 Inhabitants of township may provide............................. 68 When township officers neglect to qualify..... —------------- -------— 79 For Commissioners and Overseer} of Highways neglecting duty....- 85 For Justice not filing oath —.................... 87 Of Fence Viewels for neglect..................................... 98 Of census takers for neglect................................. 102 Of certain township officers for neglect of duty.................... 139 For hawking withoutlicense............ I......... 148 For refusing to produce license................................... 148 Concerning water courses................................. 167 For jurors neglecting to act in road cases.......................... -197 For obstructing highways.............................. —----------------—. 200 For not removing fallen trees from highways...................... 202 For falling trees into highways................................... 203 For obstructing rivers -----------------------....203 For injuring bridge............................................. 204 For neglect of Sealer of Weights................................ 216 For violation of quarantine regulations............................ 221 For inoculating except at hospitals.............................-.. 222 For violatingregulations of hospitals.............................. 223 For neglect to give notice of disease............................... 223 On Superintendents for neglect to report.......................... —---------------------- 242 Penalties to be paid to County Treasurer........................... 255 For violating law of the road................................. 258, 259 For violating law concerning dogs................ —................ 265 Perjury. For swearilng in vote at elections.. -' --....*:15 Personal Property. Subject to taxation. - -—........................................ —---------------------------------—..... 104 What to include for purpose of taxation...<...............-. 104 What exempt from taxation..............................-. —.104, 105 When assessed.................................. —.... 105 To whom assessed.......................................... 105, 106 Mortgaged, how assessed......................................... 106 Distrained for taxes, proceedings upon............................ -140 Physicians. Subject to regulation of Board of Health.......................... 222 Penalty for neglect to give notice of disease........................ 223 Polls. What time opened and closed........................ - -......-...... 13 When opened and closed at township election..................... —---- 73 poll List. Clerk of election to keep.........................-........... 16 To contain names of all voters................................. 16 Clerks required to compare.....- - -. - -...................... 16 Index. XXX XXXI Poll List. To be filed.-..........- -------------------- 18 Clerk to keep at township meeting............................... 73 Poor House. Board of Supervisors to erect.............................:...... 238 May raise tax for that purpose.................................... 239 When poor to be removed to..................................... 239 Expenses of removing persons, how paid.......................... 239 Keeper exempt from- military duty............................... -241 Places provided by Superintendent, to be deemed............... 241, 256 Education of paupers........................................... 241 Weekly allowance, where no poor houses.......... 259 Exempt from taxation........................................... 256 Poor Persons, (See "Pauper.") When supported by relatives.................................. 234-236 When supported by public....... ----------------------------- 235 When removed to poor house..... —-------------------------—... 239, 249 Distinction between township and county poor. —-------------- 243 When maintained by county or township.......................... 243 Distinction between township and county may be abolished......... 244 When a county.charge. —----------------------------------—..... 246 When supported at expense of township.......................... 246 When to be supported........................................... 247 County poor --------------------------------------------— 247 Township poor -................................................ 248 Expense of removal to poor house, how paid....................... 250 When remnoved, supported at poor house..... I....... 250 Poor Relatives. Persons to support.............................................. 234 Circuit Court may compel support of............................. 234 Action may be;brought by Superintendents.. —------------------- 245 Pounds. Township to provide and maintain.. —--------------------------- 99 Punishment for injury to. —--------------------------------—.... 99 - Pound Master, Election of,. —---------------------------------------------- 69 To take oath of office -------------------------------------— 76 Acceptance of office....................77 Penalty for neglect to qualify. —----------------------------- 79 Precept To summon freeholders in case of encroachment................... 201 Prisoner May be removed, when attacked by disease --------------------- 221 Prison Limits To extend throughout the county. ------------------------------ 43 Private Roads, Persons working on, to have credit for........................... 171 Application to Commissioners for,........- 211 Jury selected and cited............................ I..... 211 Manner of laying out............................................ 212 Index. xxxnI Private Roads. Applicant to pay damages and expenses.......................... 223 Whenl paid road to be opened.................................... 213 Road for use of Applicant. --—..-..-213 When owner of land may use road.......................... —.. 213 Process In suits against counties, how served........................... 53 Proclamation To be made at opening, closing, and adjournment of polls at election. 14 Of closing polls at township meeting............................ 73 Prosecuting Attorney Of County, when elected....................................... 9 In the Upper Peninstila......................................... 34 Duty of....................................................... 41 To sue for penalty under census law............................. 102 To give advice to Supervisors and County Treasurer................ 141 Public Health, (See " Board of Health.") Publication Of State canvass......................................... 26 Of proceedings of Board of Supervisors.............................. 51 Of by-laws of township.....................................68 Public Buildings. Duty of Supervisors to repair..................................... 47 County Treasurer to insure....................................... 63 Public Instruction, Superintendent of, when elected...................... 9 Qualifilcation. Of voters and oflicers........................................... 89 quarantine. Township may establish.......................................... 221 Regulations to extend to goods, persons and vessels................ 221 Penalty for violating regulations of................................ 221 Vessels, when removed to grounds of............................. 222 Masters and others to answer on oath............................. 222 Expenses, by whom paid........................................ 222 quorum. Two Inspectors of Election form................................. 13 Three District Canvassers to constitute............................ 23 Board of Supervisors, how many constitute....................... 46 Township Board, how many constitute............................ 82 CR, Rail Roads Tax on capital stock of................................. 145 Taxes, how collected....................................... 145 Ind,ex. Q XXTm Real Estate Of county, how conveyed........................................ 43 For taxation, what to include.. —............................104 Liable to taxation............................................... 104 Undivided, how assessed.................................... 106 -How described................................................. 110 Record. Statement of election to be placed on,............. 21 Of Board of Supervisors, kept by clerk........................... 47 To be signed by chairman and clerk of board...................... 58 Regent of University, Election of, and term of office.................................... 29 Election of, how conducted................................I 34 Registers Of voters, to be deposited with township clerk..................... 36 Copy of, to be furnished by township clerk..........-.....39 Punishment for destruction of....................-......... 40 Punishment for falsifving.................40 Certified copy to be evidence.................-............... 40 Form of arrangement.......................................... 42 Register of Deeds, Election of,.............................. —.-. —--------—.- 9 Registration. (See " Board of Registration.") Of votes for 1859.............................................. 34, 35 Board of, who shall constitute..................................34, 35 Board to provide books................................... 34 Registers, how arranged and what to contain...................... 35 Aftelr year 1859, bow made...................................... 36 Sessions of Board when held....................................-. 36 Their powers and duties........................................-. 37 Penalty for fraudulent.-.... —--------------- 36, 37 When names may be registered election day..-. —----— 37, 38 Actual residence, condition of registration........................ 39 Board to receive and correct list.................................. -----------------------------— 39 Provisions for subsequent registration............................ 39 Copy to be furnished by Township Clerk......................... 39 Compensation to Board... —------------------------------------ 42 Oath to be taken by Board..................................... 42 Rent. Tenant paying taxes may retain same from rent.................... 105 Report Of corporations to be filed with Auditor General................... 151 Of commissioners, to supervisors, of survey of State road ---------- 198 Representatives In Congress, election of.-....-... —-------------- 9, 27 In State Legislature, election of................................. 9 Vacancy in office of, how filled.................................. 27 Representative Districts. Supervisors may divide county into............................. 51 Es Inrdem. xxx'v Release Of damages by owner in case of highway....................... 191 Removal from Office, (See " Governor.") Request For special meeting of Board of Supervisors...................... 48 For special township meeting..... —------------------------------- 72 Resignation Of township officer, how made..............................79 River. Penalty for obstructing..................................... 203 Roads. When Board of Supervisors may raise money to repair............. 50 Power of Supervisors over State and Territorial... —---------------- 58 Commissioners of highways to lay out or discontinue............... 156 Application to lay out, alter, or discontinue.. —-------------—. 179, 183 Proceedings in laying out between townships. - ---- -— 181, 189 Width of.................................. 181 Existing roads legalized......................................... 191 Lands released for road purposes................................. 191 Appeals, how taken............................................. 192 Survey to be made..........................................-... 193 Must be opened in four years.................................... 195 Power of corporate authorities of cities and villages................ 195 State roads, power of Supervisors in relation to....-..... 198 Commissioners of Highways to cause State roads to be surveyed.-.. 198 To report to Supervisors............................ -.. 198 Penalty for obstructing roads................................ 200 Proceedings in case of encroachment on........................... 200 Penalty for not removing fallen trees.............................. 202 Liability for felling trees into................................- 202 Private roads how applied for and obtained.............. 211 Road Districts. Commissioners of Highways to divide townships into........154 Streets of villages not incorporated included in ——.... 168 Road Labor. (See "sHighway Labor.") Road Tax. (See "4 Highway Labor.") Manner of taxing non-resident lands..........................169, 170 List to be delivered by Overseer to Supervisor..................... 175 Tax on non-resident lands and arrearages, how applied...... - 195 S Sale. Of lands for taxes.............................................. 124 Of personal property, for non-payment of taxes..................... 117 ,Kind of funds receivable........................................ 126 Certificate of tax sale........................................... 126 Deed to be given................................................ 127 Low of certificate of sale, how supplied........................... 128 Inde,-o. Sale. Lands, how redeemed............................................ 128 When lands may be re-offered................................... 129 Of State tax land............................................... 135 School Inspectors. When elected................................................... 69 Term of office.................................................. 70 Search Warrant. When may issue under gunpowder regulations.................... 263 Secretary of State. Election of..................................................... —--------------------------- 9 To give notice of general elections............................... 11 To give notice for election of Senator and Representative........... 11 To give notice for special elections...............................11, 12 When to call on Governor and Treasurer for statement............. 24 When to call on County Clerk for statement....................... 24 To appoint meeting of Board of State Canvassers-..........25 To record certificate of determination, and deliver copy to persons elected...... —-----------------------------------------—.25, 26 To deliver list and certificate to Presidential Electors............... 27 To give notice of holding election of Circuit Judge................. 29 To record statement of votes given in counties..................... 32 Duty of, under registry law....................................... 42 To publish Supervisor's proceedings in dividing, altering, or erecting new townships... —-----—...................... —------------------------------ 51 Duty of, in relation to census.. —----------------------------- 101, 3 To lay before Legislature report of Superintendent of the Poor.242, 243, 257 Senators. In State Legislature, when elected..................... 9 In Congress, when elected...................................... 28, 31 Vacancy, how filled............................................ 28 Manner of conducting election of, for Congress ------------------- 28 Evidence of election of...................................-....... 28 Settlement. What deemed settlement in township.............................. 247 Settlement of paupers may be contested.......................... 247 Sheriff. Election of —......................................-9,10 Duty of, on receiving election notice............................ i2, 29 When counties shall reimburse --.-................................43, 44 To execute bond to County Treasurer on receiving tax roll and warrant 121 Fees for collecting taxes........................................ 122 To collect speeific taxes......................................... 151 Shows, (See "3Exhibitions.')), Small Pox, (See " Board of Health" and "Hospitals.9) Board of Health to prevent spread of............................. 219 Hospital for reception of persons having................... 222 Penalty for inoculating with, except at hospitals........... 222 Special Elections. When and for what purpose held................................. 10 Index. 0 xxxv' Inx. Special Elections. When ordered by Board of Supervisors.......................... 10,12 Held one day only...... —-------------------—. ------------------ 10 Notice of, by Secretary of State................................ 11,12 Special Township Meeting. For what purpose held.........................................71,72 Order for, what to specify...................................... 72 Clerk to give notice of.......................................... 72 Specific Taxes and Duties. Property paying, not to be included in list to Supervi sors........... 209 What shall be liable to.......................................145, 150 State to have lien for......................... 150 How enforced.................................................. 150 Sheriff to collect specific tax..................................... 151 In Upper Peninsula......-.................................. 152 State. Wheu it acquires absolute title to tax land........................ 138 When *all have lien for specific taxes............................ 150 Statement. Of result of election............................. 18, 20, 21, 30, 75,107 To be made and published by Auditor General............. 124,125, 135 To be presented by Commissioners of Highways to annul township meeting.................................................... 197 State Board of Education. Election of members of......................................... 9, 27 State Canvassers. Who shall constitute........................................-24, 30 Duties of..................................................... 25, 30 To determine result of election................................... 26 Proviso as to Wayne county..................................... 30 State Land Office. Commissioners of, when elected.................................. 9 State Roads. Unrider care of Commissioners of Highways............. 168 Board of Supervisors have power to lay out, alter, discontinue or open 198 Commissloners of Highways to survey..........198 Township Clerk to be furnished with minutes.............. 199 State Sealer. Measurer, to be.............................................214 His duties..-......................,.214 Penalty for neglect............................................. 216 State Tax Land, Redemption and sale of............ -.......-.135,136 Purchaser of, must buy for subsequent year..................... 135 Notice of sale.... -... -—..-.... 135 Auditor General to execute deed for.............-... —...136, 137 May be purchased at Auditor General's office..-.............. 137 Amount refunded in case of redemption-........ ]37 When State acquire absolute title to................. —-... i 138 Certain sales to remain valid.................*........ 139 rndex. xxxvi Index. xxxvII State MIeasurer. Election of.......................... —---------------------------------------------—.. 9 To grant license to pedldlers........-.-..................... 148 To be State Sealer of weights and measures....................... 214 To keep account of moneys for support of poor....,............. 251 Statistics. Duty of Supervisors and Assessors to take.....-...100, 101 To be condensed............................................... 102 Appointment of persons to take.................................-. 102 Penalty for neglect to take................................... 102 Governor to appoint Marshals to take-.............................. 103 Stray Beasts. Taking up stray animals..........................-........260 Notice, and entry on township book.............................. 260 When notice to be published in newspaper................. 261 Appraisal of................................................... 261 When owner to have restitution. —-.................. 261 When remain with finder, and township have one-half of value.... 261 Sale of, and disposition of proceeds..................... 261 When owner, entitled to money in township treasury............... 262 Finder not advertising, to lose benefit of lawn..........-.........262 Liability of person unlawfully taking away........................ 262 Horses and other animals may be moderately worked............... 262 Streams. Those navigable, Supervisors have power to prohibit or authorize dams and bridges across.......................................... 56 Maintaining fences where streams are the boundary line............ 95 Streets. When included in road districts................................. 168 Suits. Between, and by, and against counties, how conducted, and how ser vice of process shall be made................................. 45 B3y or against townships, how conducted....-................. 68 Supervisors, (See "Board of Supervisors." May call special election......................................... 10 Duty of, in ordinary vacancy filled................................ 29 To register names while making assessments —-....-.. I-.... 36 To meet and make settlement where county is divided.............. 44 Judgment against, how collected.................................. 45 Annual and special meeting of Board............................ 45 Majority to constitute quorum of Board...........46 Proceedings at meeting of................................... 46 County Clerk to act as Clerk of Board...............47 Records to be kept by Clerk.................................... 47 To repair public buildings....................................... 47 To prepare cells for convicts............... *... 47 Annual report of................'..............................47, 48 Special meeting of.............................................. 48 Powers of..................................48, 51 Index. xxxVir, XXXTm Supervisor, (See "Board of Supervisors.99) May purchase real estate for poor house and county buildings....... 48 May prescribe for destruction of wild beasts and weeds........49 To require officers to report............................ 49 To have management of county property.............50 To authorize raising money to repair roads and bridges........ 50 To make rules concerning county property........................ 50 To divide county into representative districts................... 51 May divide or alter boundaries of, and erect new townships........ 51 Duty in erecting new township...................................- 54 To designate plan for removal of county seat..........55 Supervisor. Election of..................................................... 67 Duty of, in classifying Justices.................................. 77 May draw for absent Justice..................................... 78 To prosecute for penalties................................ 81 To be assessor of township.-..................................... 81 To attend meetings of Board.................................... 81 To lay bef()re Board entries concerning moneys to be raised..-..... —. 81 To be agent for township........................................ 89 Duty to take census and statistics...............................100,101 Penalty for neglect to take census................................ 102 Compensation of........................................102, 103 To furnish taxable persons blank lists....-................. 109 To ascertain true value of taxable property........................ 109 Duty, where person refuses to make statement..................... 109 When may fix aount of personal property.........-.......... 109 May alter assessment as to valuation.............................. 110 How taxes assessed by....................................... 114,115 To notify Treasurer of amount of taxes —.... —..-..-....-........ 1. 15 To deliver assessment roll to Treasurer........................... 116 To deliver tax roll and warrant to Sheriff.......................... 121 Liability for neglect of duty-...................... —.........- —.. - 138 To return to Treasurer University and other State lands............ 142 To be one of Board of Health. —..............................I...217 To sue for penalty concerning dogs............................... 265 Superintendent of the Poor. May remove pauper from poor house in case of contagion...... 221 To apply to Court to compel support hy relatives............234 Action brought by, in case relations neglect........................ 235 May apply for warrant against persons absconding.....-.... 235 Sale by owner after warrant issues to be void...................... 235 Sale of property by, and application of proceeds................... 236 Appointment of, and oath of office............................ 237, 244 Compensation............. i.................................... 237 To be corporation, and powers of, as such................... —------------- 237.238, 244 To make provisions for idiots and, lunatics..................... 240, 256 Duty in case of non-resident paupers.......................... 240, 254 Liability for neglect to remove paupers........................... 240 IndW,ex 4 XXXIX Superintendent of the Poor. Who cannot be Superintendents.... —---------------------------- 241 Places provided, deemed poor houses.............................. 241 Education of paupers, expense how paid..... —---------------------- 241 Moneys received to be paid to Treasurer........................... 241 Liability for neglect to account........................... —---------------------------—... 242 Estimate for support of poor, and collection thereof.... —------------- 242 To report to Secretary of State............................... 242, 256 Penalty for neglect to report.........-........... 242 Decision in relation to settlement of paupers.............. 249 When may authorize Directors to support paupers.................. 252 To settle accounts of Directors.................................... 253 Penalty for neglect to render account............................ 255 Survey. To be made by Commissioners of Highways, in laying out or altering road.................................................... 193 When to be made of State road by Commissioners of Highways. - -. 198 Swamp. Proceedings for draining of.................................... -225, 233 Taxation. (See " Specifie Taxes and Duties.") All property, not expressly exempt, liable to...................... 104 What property exempt from..............................104,105,144 University and other lands, part paid, liable to.-. —.-.-..-....-. 107 Partners how taxed............................................. 107 Lands bid off by State, liable to................................. 130 Of banks...................................................... 145 Railroads and other corporations.............................. 145,146 Manner of, for building poor house............................... 239 Trax Deed When to be made to purchaser....................127, 137 For State Tax land to be executed by Auditor General...... 136, 137 Taxes. (See "]Road Tax.") Mode of submitting question to vote of people... —..........-........ 56 To be reported by Auditors of Wayne County.................... 60 Assessment and collection of..................................104,144 Corporate property may be sold for.................... 105 Tenant paying, may retain same from rent........................ 105 Manner of assessing................................ 114 Auditor General to apportion State tax........................... 114 Apportionment of, by Board of Supervisors........ 114 To be charged against owner of property............ 117 Collection and return of..................................117, 124 Payment of, after return.................................... 123 Rejection of......................-.........a..........132,134 Rejected taxes to be charged back................................ 133 Proceedings when taxes cannot be re-assessed on same land.-,...... 134 Ittdex. T._ XL Taxes, (See "Road Tax.") When they exceed limits fixed by law............................. 134 On village property, when may be re-asse ssed..................... 134 Lands bid off by the State for................................... 135 Right of State to enforce collection of............................ 138 Proceedings when property distrained for......................... 140 Forfeiture in certain cases of neglect to pay....................-.. 142 Banks, Railroads, and other corporations to pay specific............ 145 How recovered against corporation............................ 146, 150 From mining corporations, how disposed of........................ 152 Authorized for expenses of State Government...................152 Board of Supervisors may raise, to build poor house................ 239 Tax Sale Of lands for taxes........................................... 124, 130 Of personal property. -.....................-..117 Proceedings in case of irregularity............................... 130 Amount refunded charged against county.......................... 130 Persons interested may take proof................................ 130 Tenant Paying taxes may retain same from rent.......................... 105 Term of Office Of Circuit Judge and Regent of University...................... 29, 30 Of Prosecuting Attorney........................................ 34 Of County Auditors of Wayne County......................... 60 Of County Treasurer..............-............................ 61 Of County Clerk...........-.................................... 63 Of Justices of the Peace........................................ 69 Of Commissioners of Highways................................69 Of School Inspectors —-........................................... 70 Of all other township officers................................... 70 Terms. Meaning of certain terms under assessment law.................... 107 Tie Vote. Proceedings when candidates have equal number of votes......... 32 Township. Board of Supervisors may erect, and alter boundaries of-............ 51 Proceedings to erect new townships and alter boundaries.......... 51, 53 Inhabitants of, body corporate --.. —..-..... —...-.. —. —...-... —. 67 May raise money.............................................. 67 By-laws, how made and published.........-...................... 68 Suits by or against, how conducted............................... 68 Conveyances made for use of....-..............68 Annual meeting of, when held-................................... 68 First meeting, when held........................................ 70 First meeting, how called....................................... 71 Disposition of lands, property and debts, on division of..... —....... 90, 91 To provide and maintain pounds.................................. 99 Township Board May call special township meetings.............................71, 72 ind&X. township Board May make temporary appointmnents............................80, 120 Who shall constitute board............................... —-------------------------------—..... 82 Three to form quorum................................ 82 Who to fill place in absence of quorum........ —----------------------—. 82 Annual meeting, to audit accounts..... —--------------—. 82 Settlement with Treasurer and other officers............ 83 Township Clerk to be clerk of Board.............................. 83 When may raise Mmoney for township purposes... —------------------ 89 Of two or more townships, meeting of, to divide lands. -............. --— 90 To present statement to township meeting......................... 156 Appeals made to, in case of highways........................... 192 To procure standard of weights and measures................ 215 May assign places for offensive trades............................. 224 Duty concerning draining swamps-............................... 225 To settle accounts of Directors of the Poor............... 252 May license shows and exhibitions........263 township Clerk Duty on receiving notice for election.............................. - 12 To be clerk of election..................... —.......13 To keep ballot box............................................ 15 To give notice of election of Circuit Judge........................ 30 To deliver register to Inspectors on day of election................. 37 Copy of register to be furnished by....................... 39 lo file copies of register - ---------------.... -- 40 Fees of, under registry law ----------------------------.-...... 40 To report to Secretary of State, tinder registry law... -. 41 Election of............................................. 69 To give notice of special township meeting —.... —-.. —..... —.. 72 To keep minutes of proceedings at township meetings.... 73, 81 To notify persons elected to office............................... 76 To send resignation of Justice to County Clerk................ 79 To hold records books and papers, of township.. —----------------- 8 To return names of Constables and Justices to County Clerk... —------ 82 To appoint deputy; powers of deputy...... —------------—............ 82 To be clerk of township board.. —------------------------------ 83 To file and preduce accounts at township meeting --------------—. 83 To be Clerk for Commissioners of Highways. -------------------— 86 To inform Prosecuting Attorney of forfeitures.under the census law - 102 'To deliver to Supervisor statement of amount to be raised........... 112 Liability for neglect, under assessment law. "..138 'To transcribe records of highways-. --------------------------. 160 To give notice thereof to Commissioners of Highways...... —----—. 160 To be furnished with survey of certain roads -------------------- 199 To be township sealer; his duties as such ----------------------- 215 Compensation as sealer......................................... 215 When to procure standard of weights and measures................ 216 To be Clerk of Board of Helth........-................... 217 Index. . XLI F w, xLIn Ildez. Township Clerk. To exhibit at township meeting account concerning support of the poor........................................................ 253 Report to Board of Commissioners, what to contain...... 257 Township Meetings Annual, when held............................................. 68 Officers to be elected at....................... —--------------------------—.. 69 Officers to be chosen by ballot................................... 69 Officers to be chosen viva voce.....................................69 When to be held. —--------...................................... 70 When place of may be changed and adjourned.................... 70 First township meeting, when held.............................. 70 Proceedings at first meeting....................................... 71 First meeting, how called, in case of failure to hold................ 71 Moderator to administer oath to inspectors.......................... 71 Special meetings, when held, and how called..................... 71, 72 Notice not necessary for annual meetings. —--—. -...72 Canvass of votes, bow conducted.................................74, 75 Township Officers. Power of Governor to remove..................65 When chosen, and number o f......................... 69 Term of office of Justices,..................... 69 Term of office of Commissioners of Highways..................... 69 When officers chosen by ballot, and when viva voce................. 69 Term of office of School Inspectors....-..........................69, 70 Officers required to take oath............................... —-----------------------------—..... 76 Penalty for refusing to qualify —-------------........................-........... 79 Resignation of, how made................................... 79 Appointment of, by Township Board............................. 80 General powers and duties of Supervisor and Clerk................ 81 Who shall constitute Township Board............................. 82 Treasurer, his general powers and duties.......................... 83 Constables, their general powers and duties...................... 84, 85 Commissioners and Overseers of Highways...................-.....- -85, 86 Justices of the Peace, qualification of............................ —---------------------- 86, 87 Who eligible to township office.............................. —---------------------------—.... 89 Compensation of............................................ 87, 88, 98 Fence viewers, who shall be. —-------------------------------—.'8 Township Treasurer. Election of................................................... 69 When appointed by Township Board..........................., 8,120 His duties...... —---------------------------------------------- 83 To give bond................................................. 8,115 To keep account of receipts and expenditures.....-...... --------- - 83 To settle with Township Board. -. —..-.-.. —.. —..... —.. —-.-. 83 To deliver receipt to supervisor.................................,.. 115 To collect taxes................................................ -117 Proceedings in case of non-payment of taxes................. 117 In case of removal, may collect tax in any part of county.........-.. 117 XLIIi Township Treasurer. May bring suit for taxes....................................118 May receive tax on part of lot.................................... 118 Money collected, how disposed of...... —-...................-........- 119 Return of taxes not collected..................................... 119 Fees of,....................................................... 119 Trees May be set out along highway............ -............. —.. 207 Trespass. Damages not recoverable for, on lands not enclosed by sufficient fence 99 Trust Property. How assessed................................................ 112 Turnpike Corporation, Tax on capital stock of,...................................... 145 United States Property of, exempt from taxation...........-....... —-........ —...... 105 Unorganized Counties Are considered part of counties, to which attached........-........ —. 28 Upper Peninsula, Elections in, when held........................................... 33 Officers to be elected....................................... 33 County and district canvass, when held............................ 3 Prosecuting attorney, when elected............................... 34 District attorney, office of, continued.............................34 Specific taxes in............................................. 152 Vaeancies, In State and county offices, how filled.............................. 10 When filled at general election................................... 10 In office of representative, how filled.............................. 27 What events create....................................... 65, 80 Filled by election, for unexpired term............................. 70 Special township meeting, to fill......... --—.............. -..... —------------------------ 71 Vessels, When removed to quarantine ground............................. 222 Master and others to answer on oath as to disease on board......... 222 Vibrating Steelyards Continued in use, and tried asother weights. —... —........-........... 216 Village Elections. Duty of president and trustees, under registry law.................. 40 Powers and duties of inspectors of,............................... 40 Village Property, How described in assessing.....................*.......... 111 When to be re-assessed...................................,... 134 rndex. T-T - V XIV Viva Voce, What officers elected by........................................ 69 Business and votes by, at township meeeing, within what hours trans acted................................................. 74 Votes. Person having greatest number of, deemed elected.................. 10 Canvass of, how conducted................................. 17, 20, 74 Canvass of, to be public......................................... 17 Proceedings in case of tie, or equal number....................... 21 For electors of President, when and how canvassed................. 25 To be received on taking oath, after challenge. —-.-....... —--—... 31 Voters, Challenge of,............................... 14, 15, 30, 31, 38, 74 Qualification of,............................................... 14, 89 Form of oath of, when challenged.............................. —--------------------------—.. 15 Privilege from arrest oin election day.-. —.... —-.................. —-..... 29 Voting under assumed name, how punished-................ 41 Warrant, To be attached to assessment roll... —-. —...-..-...-...........- 116 When new warrant to issue for collection of taxes.................. 118 To be delivered to and executed by Sheriff........................ —------------ 122 Water Courses, How established and constructed...............................161, 162 Proceedings for construction of,....... —.... —....................... 162 Power of commissioners of highways to enter on lands............. 163 Commissioners of highways to make survey and map of location..... 163 Damages to owner of land, how ascertained and paid........... 164, 165 Notice to owners to open,.................................... 165 Commissions to contract to open, when owners refuse............... 166 Expenses, how paid.................................... 166 Unpaid taxes, how collected..... —------------------------------- 166 Proceedings where ditches are in two or more townships.. —.. —. - 166 Who responsible for fees of officers and damages ----------------—................... 167 Penalty when commissioners refuse to act......................... -167 Compensation to commissioners.................................. i67 Penalty for obstructing.......................................... 167 Water Works, Owners of, to maintain bridge over race appertaining to.......... 205 Wayne County, County Auditors of, how chosen..............................-.. 59 Term of office of Auditors............................... 60 Meetings of Board of Auditors...... —-------------—... 60 Powers and duties of Board of Auditors.............. 60 Powers and duties of Supervisors of,...............-. 60 Auditors of, to report to Supervisors amount of tax to be raised*.... 60 Appeals from Auditors, how taken.....-......-............ 60 Inde —. XLV Wayne County. County ilerk of, to be clerk of Board of Auditors................... 60 Duty of County Clerk........................................60, 61 Comnpensation of Board of Auditors............................... 61 Weight Of grain to the bushel........................................... 216 Weights and Measures, To be deposited with State Treasurer as public standard............ 214 Treasurer to be State sealer of................................... 214 Board of Supervisors to procure standard for county................ 214 County Clerk to be sealer for county................ 214 Township Clerk to be sealer for township.......................... 215 Wild Beasts, Supervisors to provide for destruction of........................49, 267 Witnesses. inhabitants of county competent as, where county is interested....... 45 Wolves, Bounty for killing,........................................... 266 Application, how made to justice to procure bounty................. 266 Proceedings to obtain bounty................................. 266, 267 Additional bounty.........-.................................... e267 Index. V~~~~~~~~~~~~~~~~~~~~~