in the opinion of such commissioner or jury, reasonably direct and practicable for the purpose desired by such applicants, it shall be the duty of the commissioner or jury, in case they determine such highway to be necessary, to lay the same upon the route designated by such owner.

sioner when land

(1343.) SEC. 4. In case any tract of land across which such road Notice of meetshall be laid out shall be unoccupied, it shall not be necessary to ing of commis serve the notice of the meeting of the commissioner personally or is unoccupied. by leaving the same at the residence of the owner, but it shall be sufficient to post the same in three public places in the township ten days before the time of meeting.

sioner to give

tracts for con

drains.

ment of cost of

rection thereof.

sons for review

(1753.) SEC. 9. Said commissioner shall give at least fifteen days' Drain commispublic notice in some newspaper published and circulating near notice for meetsuch drain or drains, of the time or times when, and the place or ing to let conplaces where he will meet parties to contract for the excavation struction of and construction of such drain or drains, such place or places to be convenient of access by the people resident near and interested in the proposed drain or drains; and at least three such notices shall also be posted in the most public places of travel and resort in each township, and as near as may be along the line of such proposed drain, at least ten days next preceding such meeting. Said com- Notice of day and missioner shall also name, in or in connection with such published place for exhibiting surveys and posted notices, a convenient place near such drain or drains, and apportionand a time not less than three days nor more than five days prior construction, and to the day fixed in said notices for letting the construction of such review and cordrain or drains, at which time and place he will exhibit surveys of the proposed drain or drains, and descriptions of the several parcels of land by him deemed to be benefited thereby, and the amount and description, by divisions and subdivisions, of the proposed drain or drains by him apportioned to the owner of each description of land to construct, and to each township to construct, on account of Hearing of readrains benefiting highways, if any such benefit there be, and hear ing and correctreasons, if any are offered, why such apportionments should be ing portionreviewed and corrected. And said commissioner shall also give at Notice to resileast six days' notice, in writing to each and every resident owner or occupant of any of the lands assessed for the incidental expenses, damages and expense of construction of drains as mentioned in section eight of this act, of such meeting for review and correction of apportionments. And if at this time two-thirds of the persons Protest of twowhose lands are to be taxed for such drain or drains enter a protest pend construcagainst said drain, and pay the costs and expenses up to this time, tion. all proceedings for the construction of said drain or drains shall be suspended for one year. Between such day of hearing and review Apportionment and the appointed day of letting, the commissioner shall, if need revised. be, revise his apportionments of such drain or drains. At the time Each land owner and place for letting named in said notices, the owner of each such may contract for making his porparcel of land, or his or her agent or attorney, may appear and make tion of the ditch. and execute to said commissioner a contract or contracts, with good and sufficient surety for the faithful performance of the excavation and construction, within the time limited by said commissioner in such contract or contracts, of so much of such drain or drains as

ment.

dent owner, etc.,

of lands assessed,

of meeting for review, etc.

thirds shall sus

let to the lowest bidder.

Contractor to
fill contract with
surety.

of the same shall be levied.

Letting of con

tracts may be postponed.

said commissioner has adjudged to be set off to such land. When When contract any part of such drain or drains is offered to be let, and the owner of the land to which it is assigned, or his or her agent or attorney, shall not at once and without unnecessary delay enter into contract as aforesaid to excavate and construct the same as provided in this section, it shall be the duty of said commissioner to let the same to the lowest responsible bidder or bidders therefor, who shall execute and file a contract or contracts, with good and sufficient surety, as aforesaid, with said commissioner, for the faithful performance of the excavation and construction of the same, according to said Where expense contract or contracts; and the cost of such excavation and construction, and its portion of the incidental expense and damages, shall be levied and assessed upon the land to which such part or parts of said drain or drains have been assigned as aforesaid. If, at the time of letting said drain or drains according to said notice, no suitable land owners or bidders for the construction of the same, or any part thereof, appear to take or bid and contract with good and sufficient security, for the construction and completion of the whole of the same, or for any other cause by said drain commissioner deemed important and sufficient, he may postpone and adjourn such letting, in whole or in part, and from time to time to such other time or times, to be by him at the time of such adjournment publicly announced, as shall to him seem meet and proper, but not in all more than thirty days from and after the time of the letting at first advertised and noticed as aforesaid. At the hearing and the Commissioner of letting provided for in this section, the commissioner of highways act for township of any township named in said notice, and to which has been ashearing and let signed any construction of drain or tax for incidental expenses or damages on account of benefit by such drain or drains to highways, may appear and act in behalf of such township. Any taxes so assessed on State lands shall be at once reported by said commissioner to the Commissioner of the State Land Office, who shall enter on the books of his office against each description of such State land the amount of drain taxes assessed thereon, and no patent shall issue for such lands until said drain taxes are paid or otherwise provided for. Any person resident in said county failing or neglecting to file, in writing, with said commissioner, on or before such appointed day of hearing and review, his claim for damages or objections to such assessments, shall be held to have waived his claim for damages and his right to appeal.

highways may

at meeting for

ting.

Taxes on State

lands reported

to Con missioner of State Land

Office.

When persons waived right of

held to have

appeal.

Drains in highways, overseers to keep open.

(1758.) SEC. 14. Drains may be laid along, within the limits of, or across any public road; and when any shall be so laid out and constructed, or where any road shall hereafter be constructed along or across any such drain, it shall be the duty of the overseers of highways, in their respective districts, to keep the same open and Bridge for same. free from all obstructions; and when any such drain shall cross a public highway. the commissioner of highways of the proper township shall build and keep in repair a suitable bridge over the same; and the township to which any road along or across which any pay apportion drain has been made belongs, shall pay towards the construction of such drain such sum, including the cost of building such bridge,

Township to ment of commissioner.

across railroads.

as the drainage commissioner shall estimate, as aforesaid, as the benefit accruing to such road from such drain. A drain may be Drain along or laid along any railroad when necessary, but not to the injury of such road; and when it shall be necessary to run a drain across a railroad, it shall be the duty of such railroad company, when notified by said drain commissioner to do so, to make the necessary opening through said road, and to build and keep in repair a suitable culvert.

Beer or commis

of Canada this

(20) SEC. 2. It shall be the duty of the overseer or commis- Duty of oversioner of highways in any township to see that the provisions of stoner relative to this act shall be carried out within their respective highway dis- destruction of tricts, and they shall give notice to the owner, possessor, or occu- ties. pier of any land within said district, whereon Canada thistles shall be growing and in danger of going to seed. requiring him to cause the same to be cut down within five days from the service of such notice; and in case such owner, possessor, or occupier shall refuse or neglect to cut down the said Canada thistles, the overseer or commissioner of highways shall enter upon the land, and cause all such Canada thistles to be cut down, with as little damage to growing crops as may be, and he shall not be liable to be sued in an action of trespass therefor: Provided, That where such Proviso. Canada thistles are growing upon non-resident lands, it shall not be necessary to give notice before proceeding to cut down the

same.

to be kept.

(2131.) SEC. 3. Each overseer or commissioner of highways Expenses incurshall keep an accurate account of the expense incurred by him in red, account of carrying out the provisions of the preceding section of this act, with respect to each parcel of land entered upon therefor, and shall offer a statement of such expense, describing by its legal description the land entered upon and verified by oath, to the owner, possessor or occupier of such resident lands, requiring him to pay the amount. In case such owner, possessor, or occupier shall re- Allowance of. fuse or neglect to pay the same within thirty days after such application, said claim shall be presented to the township board of the township in which such expense was incurred, and said township board is hereby authorized and required to audit and allow such claim, and order the same to be paid from the fund for general township purposes of said township, out of any moneys in the township treasury not otherwise appropriated. The said Expenses incuroverseer or commissioner of highways shall also present to the said dent lands. township board a similar statement of the expense incurred by him in carrying out the provisions of said section, upon any non-resident land, and the said township board is hereby authorized and required to audit and allow the same in like manner.

red on non-rest

lands.

(2132.) SEC. 4. The supervisor of the township shall cause all Expenses paid such expenditures as have been so paid from the township to be levied on treasury, under the provisions of this act, to be severally levied on the lands so described in the statements of the overseers or commissioner of highways, and to be collected in the same manner as delinquent highway taxes are collected; and the same, when col

Plank road company may use highway.

Proviso-consent of certain township officers, or majority of freeholders required.

Liable for damages sustained by road being out of repair.

Penalty for tak

ing toll when road is out of

repair, and how

collected.

Section amended

Duty of person after making seizure of animals.

lected, shall be paid into the township treasury, to reimburse the outlay therefrom aforesaid.

(2587.) SEC. 27. Any plank road company which shall be organized under this act is hereby authorized to enter upon, take, and use any public highway: on the route of said plank road, and to construct thereon, or any part thereof, their plank road, with all necessary fixtures. and appurtenances: Provided, The consent of the supervisor, highway commissioner, and township clerk, or a majority of them, in each town through which such road passes, or, instead thereof, the consent of a majority of the freeholders residing on that part of the highway so to be taken, shall be first obtained; and such company, during the construction of such plank road, shall in no wise unnecessarily obstruct or prevent travel on such highway.

(2605.) SEC. 45. Any such corporation shall be liable for all damages that may be sustained by any person or persons, to themselves or property, in consequence of neglect or omission to keep such road in good condition or repair; and if such company shall continue to take toll for passing over that portion of their road which may be out of repair, so as to make the passage of teams or vehicles inconvenient or dangerous, for six days at any one time, they shall pay therefor a penalty of fifty dollars, which may be sued for and recovered by the prosecuting attorney of the county in which such portion of their road may be situated, on complaint on oath of any person, to be paid, when collected, to the treasurer of such county for the benefit of township libraries in such county, or such prosecution may be instituted by the highway commissioner of any township in which the portion of the road so out of repair lies, upon the application of ten freeholders residing in such township.

SEC. 3. This act shall take effect from and after the first Monday of April, 1875.

Approved April 1, 1875.

[ No. 66. ]

AN ACT to amend an act entitled "An act to prevent animals from running at large in the public highways," being section four of chapter fifty-nine, being section (2030) of the compiled laws of eighteen hundred and seventy-one.

SECTION 1. The People of the State of Michigan enact, That section four of chapter fifty-nine, being section two thousand and thirty of the compiled laws of eighteen hundred and seventy-one, being an act entitled "An act to prevent animals from running at large in the public highways," be amended so as to read as follows:

(2030.) SEC. 4. Whenever any such person shall seize and take into custody or possession any animal under the authority of the next preceding section, it shall be the duty of such person to forthwith cause a description of said animal or animals to be entered upon a book to be kept by the clerk of the town, city or vil

lage in which such animals were taken up, and shall thereupon Notice of sale.
give immediate notice to a justice of the peace, or a commissioner
of highways of the town, city, or village in which such seizure
and possession shall have been taken, and such justice or commis-
sioner shall thereupon give notice by affixing the same in three
public and conspicuous places in said town, city, or village, one of
which shall be the district school-house nearest the residence of
such justice or commissioner, that such animal or animals will be
sold at public auction, at some convenient place (to be specified in
such notice) in said town, city, or village, not less than fifteen
nor more than thirty days from the time of the affixing of such
notice. The same justice or commissioner shall proceed to sell
the said animals for cash, and out of the proceeds thereof shall,
in the first place, retain the following fees and charges for his services
in giving said notice and making such sale, viz.: for the first horse Fees.
sold three dollars, and for every additional horse one-half dollar;
for each cow, calf, or other cattle, not exceeding five in number,
one dollar; and for every additional cow, calf, or other cattle,
twenty-five cents; and for every sheep or swine, not exceeding five
in number, one-half dollar; and for every additional sheep or
swine, ten cents; together with a reasonable compensation, to be
estimated by such justice or commissioner, to be paid the person
making the seizure for the care and keeping of said animal or ani-
mals, from the time of the seizure to the sale thereof. If there Disposal of
surplus money.
shall be any surplus money arising from said sale, the said justice
or commissioner shall retain the same in his hands, and pay the
same to the owner or owners of said animal or animals, after a
reasonable demand therefor, and satisfactory proof of such owner-
ship: Provided, Such owner or owners shall appear and claim Proviso-sur-
plus to be
such surplus moneys within one year after sale. And if the claimed within
owner or owners of such animal or animals shall not appear and one year.
demand such surplus moneys within one year after such sale has
been made, he shall be forever precluded from recovering any part
of such moneys; and the same shall be paid to the treasurer of the
town for the use of the town, and his receipt therefor shall be a
legal discharge of said justice or commissioner: Provided, That Proviso-
redemption of
any animal sold in pursuance of this act may be redeemed any animal.
time within six months following such sale, by paying the ex-
penses of such custody and sale, and a reasonable compensation
for keeping the same.

SEC. 2. This act shall take immediate effect.
Approved April 2, 1875.

[ No. 67. ]

AN ACT making appropriations for the institution for educating the deaf and dumb, and the blind, for the years eighteen hundred and seventy-five and eighteen hundred and seventy-six. SECTION 1. The People of the State of Michigan enact, That defray current the sum of forty-five thousand dollars for the year eighteen hun- 1975-6.

Appropriation to

expenses for