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hundred and nipety-three, and one thousand two hundred and ninety-four, of compiled laws of eighteen hundred and seventyone, relative to the obstruction of highways, encroachments thereon, and penalties, and sections one, three, four, six, seven, eight, two, and three, of chapter twenty-eight, being sections one thousand three hundred and one, one thousand three hundred and three, one thousand three hundred and four, one thousand three hundred and six, one thousand three hundred and seven, one thousand three hundred and eight, one thousand three hundred and ten, and one thousand three hundred and eleven, of compiled laws of eighteen hundred and seventy-one, relative to the erection, repairing, and preservation of bridges, and sections two and five, of chapter twenty-nine, being sections one thousand three hundred and seventeen, one thousand three hundred and twenty-one, of compiled laws of eighteen hundred and seventy-one, relative to miscellaneous provisions of a general nature, and sections one, three, four, one, two, and four, of chapter thirty-one, being sections one thousand three hundred and thirty-five, one thousand three hundred and thirty-seven, one thousand three hundred and thirty-eight, one thousand three hundred and forty, one thousand three hundred and forty-one, and one thousand three hundred and forty-three, of compiled laws of 1871, relative to private roads, and sections nine and fourteen, of chapter forty-seven, being sections one thousand seven hundred and fifty-three, one thousand seven hundred and fifty-eight, of compiled laws of eighteen hundred and seventy-one, relative to the drainage of swamps, marshes, and low lands, and sections two, three, and four, of chapter sixtyeight, being sections two thousand one hundred and thirty, two thousand one hundred and thirty-one, two thousand one hundred and thirty-two, of compiled laws of eighteen hundred and seventyone, relative to the spread of Canada thistles, and sections twentyseven and forty-five, of chapter seventy-eight, being sections two thousand five hundred and eighty-seven and two thousand six hundred and five, of compiled laws of eighteen hundred and serenty-one, relative to plank road companies, being the various sections defining the powers and duties of the commissioners of highways, and adding a new section thereto, be amended so as to read

as follows: Commissioner of SEC. 2. All the powers heretofore exercised, and duties per

formed, by the board of highway commissioners of the several townships, shall hereafter be exercised and performed by the commissioner of highways in said townships, and the term of office of the commissioners of highways, elected in the years of eighteen hundred and seventy-three and eighteen hundred and seventy-four,

shall expire when this act takes effect. Term of office. (647.) SEC. 12. The commissioner of highways shall hold his

bighways.

office for one year, and until his successor shall be elected and

qualified. What officers (649.) Sec. 14. Each of the officers elected at such meetings, chip meetings except justices of the peace and school inspectors, shall hold his rono office for one year and until his successor shall be elected and duly

qualified.

elected at town.

year,

cases.

and overseer

(695.) Sec. 1. The People of the State of Michigan enact, That Vacancy in office whenever any vacancy shall occur in the office of overseer of high-highways, how ways, which the commissioner of highways shall be unable to fill filled in certain under existing provisions of law, it shall be his duty and he is hereby authorized to designate some other overseer of highways of the same township, to perform the duties of such vacated office; and the person so designated shall have the same powers, be subject to the same orders, and liable to the same penalties as overseers chosen in township meetings.

(729.) SEC. 86. Any commissioner or overseer of highways may Commissioner be prosecuted, by indictment, for any deficiency in the highways may be indicted within his limits, occasioned or continued by his fault or neglect,

for deficiency in

highways. and on conviction thereof may be fined in any sum not exceeding fifty dollars.

(730.) Sec. 87. Each commissioner of highways, before entering Bonds of comupon the duties of his office, and within the time limited by law ml for filing his official oath, shall give bonds, with one or more sufticient sureties, to the township, in the penal sum of five hundred dollars, to be approved by the supervisor or 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 virtue of his office. Said commissioner may require any Bonds of overone or all of said overseers of high ways, before entering upon the seers. duties of their office, to give bond with one or more sufficient Bureties, in such sum as may be required by said commissioner, and to be approved by him, conditioned for the faithful performance of the duties of their office, and the faithful disbursement of all moneys that may come into their hands by virtue of their office.

(732.) SEC. 89. The township clerk of each township shall be the Clerk of comclerk of the commissioner of highways, and shall, under his direc- missioner and tion, record his proceedings in a suitable book, to be provided by said clerk for that purpose, at the expense of the township, and shall keep an accurate account of all orders drawn by said commissioner on the township treasurer, stating the amount of each, and in whose favor the same was drawn; and all books and papers relating to the business of said commissioner shall be preserved and kept by said clerk in his office.

(735.) SEC. 3. Should any of said townships neglect to elect over- Commissioner to seers of highways, as provided in this act, or should the office for office of oversear. any cause become vacant, or should a new road district or districts be formed in any of the townships, it shall be the duty of the commissioner of highways of the township to fill such vacancies, and appoint an overseer of highways for any new road district, who shall hold his office until the next annual township meeting, and until his successor is elected and qualified according to law.

(1192.) Sec. 1. The commissioner of highways in each township Duties of somein this State shall have the care and superintendence of bighways mis

missioner. and bridges therein, and it shall be his duty:

First, To give directions for the repairing of roads and bridges within his township;

Second, To regulate the roads already laid out, and to alter such of them as he shall deem inconvenient;

fill vacancies in

discontinue

To render

Third, To cause such of the roads used as highways as bave been laid out, but not sufficiently described, and such as sball bave been used for twenty years, but not recorded, to be ascertained, described, and entered of record in the township clerk's office;

Fourth, To cause the highways and the bridges over streams intersecting high ways to be kept in repair;

Fifth, To divide his townsbip into so many road districts as he shall judge convenient, by writing under his hand, to be entered of record in the township clerk's office; but no such division shall be made within five days next preceding an annual townsbip meeting;

Sixth, To assign to each of the said districts such of the inhabitants liable to work on highways as shall reside in such districts, or own lands therein ; and

Seventh, To require the overseer (overseers) of highways, from time to time, and as often as he 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 com

missioner shall direct. To lay out and (1193.) SEC. 2. The commissioner of highways shall have power,

in the manner and under the restrictions hereinafter provided, to roads.

lay out and establish, upon actual survey, such new roads in bis township as he may deem necessary, and to discontinue such old roads and highways as shall appear to him to have become unnecessary.

(1194. SEC. 3. The commissioner of highways of each township account to town..

" shall render to the township board at the annual meeting of such board in each year, an account in writing, stating:

First, The labor assessed and performed in his township;

Second, The sums paid for delinquencies and commutations, and other moneys received by him, and the application thereof;

Third, The improvements which have been made on the roads and bridges in his township during the year preceding such report, and the condition of such roads and bridges; and,

Fourth, 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. Duties of over. (1196.) Sec. 5. It shall be the duty of the overseers of high ways:

First, To repair'and keep in order the highways, within the several districts for which they shall have been elected or appointed, respectively;

Second, To warn all persons assessed to work on the highways in their respective districts, to come and work on such highways, according to law;

Third, To cause the noxious weeds within the limits of the highways in their respective districts to be cut down and 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,

Fourth, To collect all sums due for delinquencies and comm 13tation money, and to execute all lawful orders of the commissioner of highways.

chip board.

seers of high. ways.

sioper to appoint

overseer.

Bioder to prose

(1199.) Sec. 8. The commissioner of high ways of each township Galde posts. shall cause guide posts, with proper inscriptions and devices thereon, to be erected and kept in repair at the intersection of all postroads in bis township, and at the intersection of such other roads therein as he may deem necessary.

(1202.) Sec. 11. If any person chosen to the office of overseer When commis of highways shall refuse to serve, or if bis office shall become va- 8

18 once shall become van overseera, eto. cant, the commissioner of highways shall, by warrant under his band, appoint some other person in his stead; and the overseers 80 appointed shall have the same powers, be subject to the same orders, and liable to the same penalties as overseers chosen in township meetings.

(1203) Sec. 12. The commissioner of highways making such Warradt of apappointment shall cause such warrant to be filed in the office of Wed, notice to be the township clerk, who shall forth with give notice thereof to the given, eto. person appointed, which person shall give written notice of his acceptance to such clerk within ten days after receiving notice of his appointment.

(1204.) SEC. 13. Every overseer of high ways who shall refuse or Penalty for deg. neglect to perform any of the duties required of him by law, or lecerse which may be lawfully enjoined on him by the commissioner 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.

(1205.) SEC. 14. It shall be the duty of the commissioner of high- When commisways of each township, whenever any person resident of his town-c

cute for penalty. ship sball make complaint that any overseer of highways 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 commissioner sufficient security to indemnify him against the costs which may be incurred in prosecuting for the penalty annexed to such refusal or neglect, forth with to prosecute such overseer in the name of the people of this State, for the recovery of such penalty. If any over- When overseer seer of bigh ways shall neglect or refuse to warn the residents of liable. 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-two and a half cents per day; and it shall be the duty of the commissioner 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 jurisdiction, 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 judgment shall be proviso-on recovered against any such overseer under the provisions of this ondore. section, euch overseer shall not be further liable to an action for further liable. the penalty incurred by such neglect or refusal.

(1207.) SEC. 2. The clerk, in transcribing, where characters, ini- How clerk to tials, sigus, and figures are used in the survey bills herein required ive highway to be transcribed, shall write the same in words at full length, but records.

o judgment not

transcribe defect

When transcribed commis

at the office of township clerk.

Commissioner to establish as

of the roads as public interest

Proviso.

commissioner w

the name of the highway commissioner, where there is no order establishing the survey as a public highway, shall be omitted.

(1208.) SEC. 3. Where the clerk of any township shall have transioner to meet scribed the survey bills of his township according to the provisions

of the preceding sections of this act, it shall be his duty to give notice thereof to the commissioner of highways of his township, and it shall be the duty of said commissioner, within ten days after the receipt of such notice, to meet at the office of such township clerk.

(1209.) SEC. 4. When somet, it shall be the duty of said comhighways such missioner, and he is hereby authorized, to affix his order and deter

mination, establishing as public highways so many roads as there may require. are survey bills transcribed according to the provisions of this act,

or so many thereof as in his opinion the public interest may require: Provided, That nothing herein shall be construed as authorizing the commissioner of highways to establish by his 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. Dolermination of (1210.) Sec. 5. The said commissioner, after having made his bo recorded. " order upon the corrected copies of the survey bills, as prescribed in

the last preceding section of this act, shall deliver the same to the township clerk, whose duty it shall be to cause the same to be filed and recorded as provided in chapter twenty-five, section one,

of the revised statutes of eighteen hundred and forty-six. Care of streets of (1212.) SEC. 1. Be it enacted by the Senate and House of Repreanincorporated villagos,

sentatives of the State of Michigan, That such streets of recorded, but unincorporated, village plats, as the commissioner of highways shall deem to be required for public highways, shall be included in the several road districts of the respective townships in which they are situated, and shall be subject to the care and superintendence of the commissioner and overseers of highways relative to repairs, and in like manner as other highways are now by law pro

vided for. Proceedings on (1214.) SEC. 1. The People of the State of Michigan enact, That roads between whenever a road shall have been laid out and established on the

line between adjoining townships, upon the petition of twelve free. holders of either township, the commissioners of highways of the respective townships shall meet upon the line of such road and make an examination into the condition of the same, and is in their opinion the public good require the opening of such road, or the improvement of the same, and that the highway labor assessed

thereon is insufficient to open such road or make such improvement, Contracts to be they shall proceed to let contracts for the opening and improve

ment of such road, and when such contracts are completed and How paid. accepted, give orders upon the treasurer of the township to which

such road or part of road belonged, payable out of any money raised or to be raised for that purpose, and notify the supervisors of said township or townships of the amount of such order, and it shall be the the duty of the supervisor to assess the same upon the taxable property of the township in the same manner as other tova

the opening of

adjoining towa. shipe.

let.

Amount to be
Assessed.

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