ship taxes are assessed and collected: Provided, Such contract Proviso. not to have pow. (1215.) SEC. 1. The People of the State of Michigan enact, That Commissioner no commissioner of highways of any township of this State shall er over State hereafter attempt to discontinue any State road, or presume to exercise any such powers over any such road. roads. property. (1217.) SEC. 2. The commissioner of highways of each town- Assessment of ship shall be in attendance at the office of the supervisor, on the highway tax. first Thursday after the third Monday of May in each year, for the purpose of assessing a highway tax, and he shall have free access to the assessment roll until he shall have completed his assessment. (1219.) SEC. 4. The commissioner of highways in each township Statement and shall make out from the assessment roll a separate list and statement description of of the valuation of all 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 lands 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 assessment 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 parcel forms a part. (1220.) SEC. 5. In making the estimate and assessment of highway labor, the commissioner shall proceed as follows: First, Every male inhabitant in each road district being above the age of twenty-one and under the age of fifty, except pensioners of the United States, and other soldiers and sailors honorably discharged, who are disabled from performing manual labor by reason of wounds received or disease contracted while in the service of the United States, paupers, idiots, and lunatics, shall be assessed one day; Highway labor, how and by whom estimated. Who to be assessed. apportioned. Second, The residue of the highway labor to be assessed, not Residue of highexceeding one day's work upon one hundred dollars of the valua- way labor, how 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; be assessed. Third, The commissioner shall affix to the name of each person Commissioner named in the lists furnished by the overseers, and not assessed upon of days persons to give number the assessment roll, and also to each valuation of property within and property to the several road districts, the number of days which such person or property shall be assessed for highway labor, adding one day to the assessment of each person liable to a poll-tax and assessed upon the township assessment roll. to make dupli (1221.) SEC. 6. The township clerk shall, under the direction of Township derk the commissioner, make duplicates of the several lists, which shall cate lists, etc. be subscribed by the commissioner; one of which lists for each road district, shall be filed by such clerk in his office, and the other Persons omitted from 1st rated by overseers. Credit to perSODS working private roads. Assessment of land occupied by tenant. Commutation for work, etc. Overseer to make list of nonresident lands Labor is unpaid. dent lands and shall be forth with delivered to the overseer of highways of the district in which the highway labor therein specified is assessed. (1222.) SEC. 7. The names of persons left out of any such 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 commissioner, to work on the highways, subject to an appeal to the commissioner. (1223.) SEC. 8. It shall be the duty of the commissioner of highways of each township to credit such persons as live on private roads, and work the same, so much upon their assessment on account of such work as such commissioner may deem necessary to improve and keep such private roads in repair, or he may annex any such private road to some highway district. (1224.) SEC. 9. Whenever the occupant of any land not owned by him shall be assessed therefor by the commissioner, he shall distinguish in his assessment list 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 account of such land. (1228.) SEC. 3. Every person liable to work on the highways, shall work the whole number of days for which he shall have been assessed; but every such person other than an overseer, 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 construction and repair of the roads and bridges in the same district, except when said taxes are otherwise appropriated or disposed of by law. (1240.) SEC. 15. Every overseer of highways shall, between the first and fifteenth days of November, in each year, when required when assessed by the commissioner of highways, make out and deliver to such commissioner a list of all the lands of non-residents and of persons unknown, which are taxed upon his list, on which the labor assessed has not been paid, and the amount of labor unpaid; also, a list of Also, list of resi- all lands and personal property assessed as resident, upon which the owner or occupant shall have refused or neglected to work on the highway, after being duly notified by the overseer; and said overseer shall make and subscribe to an affidavit thereon, before some person competent to administer oaths, or before the commissioner of highways, that he has given such notice as is required by law, and that the labor assessed upon the lands and personal property so returned has not been performed, and remains unpaid. property. Affidavit of Supervisor to cause delinquent (1241.) SEC. 16. The supervisor of each township shall cause the highway taxes to amount of such arrearages of labor, estimating the same at one be collected, etc. dollar for each day, to be levied on the lands so 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 commissioner 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 when said taxes are otherwise appropriated or disposed of by law. missioner. (1242.) SEC. 17. Every overseer of highways shall, between the Overseer's first and fifteenth days of November, render to the commissioner account to comof highways an account, in writing, verified by his oath, to be administered by the commissioner of highways, or some other person competent to administer oaths, and containing: First, The names of all persons assessed to work on the high- Contents. way in his district; Second, The names of all those who have actually worked on the highway, with the number of days they have so worked; Third, The names of all those against whom judgments have been recovered by virtue of this chapter, and the sums so recovered; Fourth, 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; Fifth, A list of all the non-resident lands in his district upon which labor has been performed or commuted for. over moneys in their hands, etc. (1243.) SEC. 18. Every such overseer shall, immediately upon the Overseers to pay rendering of such account, pay over to the township treasurer all moneys collected by him for judgments and commutations, and remaining unexpended, to be applied by the commissioner in the construction and improvement of roads and bridges in the road district of the overseer who paid over the same. (1245.) SEC. 20. No money shall be drawn by the commissioner Highway monof highways from the township treasury in payment of any labor, eys, bow drawn. contract, or materials furnished, except by an order signed by him, and accompanied by his certificate that the labor has been actually performed, or the contract fulfilled, or materials furnished, for which the amount of such warrant is to apply in payment. tracts for repairs, (1246.) SEc. 21. Whenever the commissioner of highways shall Letting of condetermine to appropriate any portion over ten dollars of the mon- etc. eys accruing to his township, on account of non-resident highway taxes, in the repairing or construction of roads or bridges therein, he shall contract at public auction with the lowest bidder giving good and sufficient security for the performance thereof; and not less than ten days' notice shall be given by said commissioner of the time and place of letting such contracts, by posting up such notice in at least three of the most public places in his township. (1247.) SEC. 22. The commissioner of highways shall, between Commissioner to the first and fifteenth of November in each year, call upon each procure returns overseer of highways of his township for the purpose of procuring deposit same the returns mentioned in sections fifteen and seventeen of this chapter, and shall deposit the returns mentioned in section fifteen of overseers, and with supervisor. Supervisor to enter delinquent tax on assessment roll. Duty of Auditor Purchase of rutscraper authorized. Duties of commissioner in laying out, etc., highways. To issue notice of meeting. To serve notice. Proceedings when owner is non-resident. To view premises, etc. To appraise damages. of his doings. of this chapter with the supervisor of his township, whose duty it shall be to enter the value of such delinquent highway tax so returned on the assessment roll of his township, under its appropriate heading, and against the description of property so delinquent. (1248.) SEC. 23. It shall be the duty of the Auditor General, at the time of transmitting blanks for the use of supervisors in making out their assessments, to transmit blanks with proper headings, for the use of [the] commissioner of highways, in making lists of highway taxes; also, blanks for the proper return of overseers, mentioned in sections fifteen and seventeen of this chapter. (1251.) SECTION 1. The People of the State of Michigan enact, That the supervisor and highway commissioner of each organized township be and they are hereby authorized, in their discretion, to purchase at the expense and for the use of their township, one of Nathaniel Potter's rut-scrapers, or machine for improving roads, together with the right to make and use the same in said township. (1253.) SEC. 2. Whenever the commissioner of highways shall be applied to, as mentioned in the preceding section, to lay out, alter, or discontinue any highway, he shall, within five days thereafter, issue a written notice, stating the object of such application, and appointing a time and place of meeting the commissioner of highways, which shall be served by said commissioner on the owners or occupants of lands through which it is proposed to lay out, alter, or discontinue such road, either personally or by a copy left at the residence of said owner or occupant, at least ten days before the time of said meeting; and if no person shall reside upon such lands, and the owner thereof shall not reside in the township, no other service of said notice shall be required than by posting up the same in three public places in the township ten days before the time of meeting. (1254.) SEC. 3. The commissioner shall, at the time appointed, as provided in the last preceding section, proceed to view the premises described in said application and notice, and ascertain and determine the necessity of laying out and altering or discontinuing such highway, and justly and impartially appraise the damage To make return thereon, if any is claimed, and shall, within five days thereafter, make a return of his doings, in writing, signed by him, which return shall state his action in regard to such application, and his award of damages, if any, and to whom payable, if known; and such return shall be filed in the office of the township clerk, with the application for such highway, and copy of notice attached thereto: Provided, That he may adjourn from time to time, in his discretion, not to exceed twenty days from the time of first meeting, and shall make his returns to the township clerk within five days from the time of last meeting. Proviso adjournment. Proceedings as to laying out, etc., roads on township line. (1255.) Seʊ. 4. Upon laying out, altering, or discontinuing a highway on the line between adjoining township [townships], or upon determining what part of such highway shall be made and repaired by each township, the commissioners of such adjoining townships shall act jointly, and application may be made to the commissioner of either township, who shall notify the commissioner of the adjoining township of the time and place of meeting; and said commissioners of adjoining townships shall proceed as before provided, and their return shall be filed in the office of the township clerk of 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. (1258.) SEC. 7. All highways heretofore regularly laid out and Existing highestablished, in pursuance of existing laws, are hereby declared to be ways legalized. legal highways, subject to alteration or discontinuance the same as other highways; and the commissioner shall have power to lay out and establish highways on section lines, through unenclosed lands, according to the provisions of this act, without the application therefor provided in section one of this act. may cause sur to be the center (1259.) SEC. 8. Whenever a highway shall be laid out or altered, Commissioner the commissioner shall, if he shall deem the same necessary, cause vey on laying an accurate survey to be made of the line of said road, and shall out, etc., of highway. file the minutes of such survey in the office of the township clerk of the township in which such road is situated; and the premises Line of survey belonging to any highway shall be a parcel of land not less than of the road. two rods wide on each side of the line of said survey, or each side of any section line on which any highway shall be established. (1262) SEC. 11. Any person who shall conceive himself ag- Person aggrieved grieved by any determination of the commissioner as to the necesout, etc., of sity of laying out, altering, or discontinuing such highways, or in highway may appeal to towntheir award of damages, may, within ten days after such determi- ship board. nation, appeal therefrom to the township board of said township, or in case of a road on the line of townships, where the determination shall have been made by the commissioners of adjoining townships, to the township boards of such adjoining townships: Provided, That any commissioner who may be a member of the Proviso. township board shall not act on such appeal. in the laying to laying out, etc., streets in lages. cities and vil (1265.) SEC. 14. In cities and villages application can be made Proceedings as by ten freeholders, as provided in section one of this act, to the corporate authorities of such city or village; and such corporate authorities 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; and such corporate authorities shall be governed by the regulations that are required in this act to be observed by the commissioner of highways and township clerk, except as to appeal; and the city or village clerk, or recorder, shall discharge the like duties as are imposed upon the township clerk by the provisions of this act: Provided, That this act shall Proviso. not be construed to change the manner of opening such roads, streets, alleys, lanes, commons, highways, bridges, or water-courses as now provided for in the charter of an incorporated city or village. (1266.) SEC. 15. The damage or compensation awarded by the Damages, how commissioner of highways, township board, or city or village assessed and authorities, shall be assessed, levied, and collected upon the taxable collected. |