Removal of fences, how effected.

Proviso.

Relative to

of roads on

line.

property of such township, city, or village, in the same manner as other taxes are levied and collected.

(1267.) SEC. 16. When the damage or compensation aforesaid shall have been paid or tendered to the persons entitled thereto, or an order on the treasurer of the proper township, city, or village for the amount of such damages shall have been executed and delivered, or tendered to such person or persons, said commissioner of highways of any township, village, or city authorities of any city or village, shall then give notice to the owner or occupant of the land through which any such highway, street, lane, alley, or common shall have been laid out, altered, or established, and require him, within such time as they shall deem reasonable, not less than sixty days after giving such notice, to remove his fence or fences; 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 commissioner, or city or village authorities, shall have full power, and it shall be their duty, to enter with such aid and assistance as shall be necessary upon the premises, and remove such fence or fences, and open such highway, street, lane, alley, or common without delay, after the time specified in such notice shall have expired: Provided, That in townships no person shall be required to move his fence or fences between the first day of April and the first day of November.

(1278.) SEC. 1. The People of the State of Michigan enact, That laying out state the commissioner of highways of any township of this State lying along the line of any other State shall, upon a petition of twelve or more freeholders, as is provided for in other cases for laying out highways in this State, has power, and it shall be his duty, to meet with any officer or officers of such adjoining States, entrusted with the power of laying out or discontinuing highways, as may be required on said State line, and shall have power to lay a highway of any width, which, added to the width on the other side of such State line, shall make a highway which shall not exceed four rods nor be less than three rods in width, to be surveyed, examined, and recorded as other highways on lines between townships of this State.

Removal of encroachments

on highways.

(1290.) 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 any fence, building, or other encroachments, the commissioner of highways may make an order under his hand, requiring the occupant of the land through or by which such highway runs, and of which such fence, buildings, or other encroachments form a part of the enclosure, to remove such encroachments beyond the limits of such highway within thirty days; and he shall cause a Commissioner to copy of such order to be served upon such occupant, and every such order of removal order shall specify the width of the road, the extent of the ento be served on croachment, and the place or places in which the same shall be, with reasonable certainty.

cause copy of

occupant.

Proceedings in

case encroach

(1292.) SEC. 4. If the occupant upon whom a copy of such order mont be denied, shall be served shall deny such encroachment, the commissioner shall apply to some justice of the peace of the county for a precept,

which shall be issued by said 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 the commissioner of highways of the township, and to the occupant of the land, of the time and place at which such freeholders are to meet.

(1293.) SEC. 5. On the day specified in the precept, the jury so Idem. 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 commissioner, 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.

obstructions.

(1294.) SEC. 6. If the jury find that any such encroachment has Proceedings for been made by the occupant of the land, or any former occupant the removal of thereof, 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 the same within thirty days after the filing of such certificate, under the penalty of Penalty. one dollar for each day after the expiration of that time during which such encroachments remain unremoved, and if not removed within the thirty days as herein provided, the commissioner may remove the same at the expense of the occupant of the land, to be collected in the same manner as is provided in section seven of this chapter for the collection of costs: Provided, The said en- Provise. croachments shall not be required to be removed, nor penalty collected for said encroachments, if the same be by fence or fences for the protection of hedge or hedges, unless the road be so fenced up as to render it less than two rods wide.

may

be raised by

(1301.) SEC. 1. Whenever it shall appear to the board of super- When moneys visors of any county that any one of the townships in such county county for buildwould be unreasonably burdened by erecting or repairing any ing bridges. necessary 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 expended, and to be applied by the commissioner of highways of such township to the purpose for which the same was raised.

to riding or

(1303.) SEC. 3. The commissioner of highways of any township, Notice on certain or common council of any city, or organized company, or the vil- bridges relative lage council of any village, may put up and maintain, at the ex- driving. pense of their township, city, or company, or village, as the case

Penalty for violation.

Injury or destruction of

repair, etc.

may be, in conspicuous places at each end of any bridge in such township, city, or village, maintain 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 on this bridge faster than a walk;" and in case 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, such notice may be: "Ten dollars fine for riding or driving on this bridge faster than a walk, or driving on more than ten head of cattle at a time;" or such other sum, not to exceed twenty-five dollars, may be mentioned in such notice, as the said commissioner of highways of any township, common council of any city, or organized company, or the village council of any village under whose control or management any such bridge may be, shall deem proper.

(1304.) SEC. 4. Whoever shall ride or drive faster than a walk, or shall drive more than ten head of cattle at a time, upon any bridge upon which such notice shall have been placed, and shall there be, shall forfeit for every such offense the sum mentioned in such notice, and the same may be collected in the name of such highway commissioner, city, company, or village authorities, as the case may be, or by criminal prosecution.

(1306.) SEC. 6. If any bridge over any stream intersected by a certain bridges. highway in any township in this State, or in any village incorporated under the general law for the incorporation of villages, or in any city or village not having, by the terms of its charter, the exclusive control of the construction and repair of any such bridges, and not being within the corporate limits of any city or village above excepted, has been within the last year, or shall hereafter be injured or destroyed by the occurrence of a freshet, or Commissioner to from any other cause, it shall be the duty of the highway commissioner of such township, on application in writing, signed by at least six freeholders thereof, to proceed with all convenient dispatch to repair or reconstruct such bridge, as the case may require, under his personal supervision, or by letting a contract therefor, under existing provisions of law: Provided, That the highway commissioner of such township shall, upon a personal examination of the situation, determine that the public interest and convenience require such repairs to be made, or that such bridge Further proviso, ought to be rebuilt: And provided, That the sum to be expended for such repairs or re-construction shall not, in any one year, exceed one thousand dollars in any one organized township.

Proviso.

Payment for

same.

(1307.) SEC. 7. In payment for the labor performed, materials labor etc., for the furnished, and necessary expenses incurred for the purpose in the last preceding section specified, the said highway commissioner is hereby authorized to draw and issue his 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

Moneys therefor, how raised

section.

(1308.) SEC. S. For the purpose of levying and collecting such tax, the said highway commissioner shall furnish the township

clerk with the amount of all the orders drawn by him 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.

missioner in case

(1310.) SEC. 2. In all cases where the owner or owners, occupi- Duty of comers, or possessors of any such mill or mills, or other water-works, of neglect of shall refuse or neglect to make such bridge or bridges, or shall re- owners of milis. etc., to maintain fuse or neglect to keep the same in good repair, it shall be the duty bridges over of the commissioner of highways of the township in which such races. highway may be, to proceed forthwith to erect or repair such bridge or bridges, at the expense of the person or persons whose duty it was to have erected or repaired such bridges.

repairs, etc., a

etc.

(1311.) SEC. 3. The expenses so made or incurred by said com- Expense of missioner of highways, in erecting or repairing such bridge or legal charge bridges, shall be a legal charge against the owner or owners, occu- against owners, piers, possessors of such mill or mills, or other water-works; and it shall be the duty of the said commissioner of highways to prosecute the person or persons so chargeable, on an action of assumpsit, for the expenses so made or incurred, and to cause the damages recovered in such prosecution to be applied toward the payment of said expenses.

planted along

(1317.) SEC. 2. Any person who shall (except as hereinafter pro- Penalty for vided) willfully injure, deface, tear, or destroy any tree or shrub injuring trees thus planted along the margin of the highway, or purposely left highway. there for shade or ornament, shall forfeit a sum not less than five, nor more than one hundred dollars for each offense, which sum may be recovered in any court of competent jurisdiction: Pro. Proviso-when vided, That whenever it shall appear to the commissioner of high- be cut down. ways in any town in this State, that any shade or ornamental trees or shrubs are an obstruction or an injury to any highway, said trees or shrubs may be cut down and removed by order of the commissioner of highways.

trees, etc., may

cute for injuring

(1321.) 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 sioner to prosehis assent, or if any overseer of highways of any road district highway. shall refuse or neglect to prosecute for any such injury done within his district, it shall be the duty of the commissioner of highways of the town within which such district is situated to prosecute for such injury 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.

(1335.) SECTION 1. The People of the State of Michigan enact, Private road, That whenever application shall be made to the commissioner of application for. highways of any township for a private road, he 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

Jury, how selected.

Duty of jury.

the jury shall be selected in the following manner, to wit: said commissioner of highways 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 occupier, or said applicant, shall refuse to strike, said commissioner shall strike for the party so neglecting or refusing. Said commissioner 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.

(1337.) SEC. 3. If they shall determine that the road so applied for is necessary, they shall make and subscribe a certificate of such determination, and also their appraisal of the damages, and shall deposit the same with the commissioner of highway of the townHow road shall ship; and the said commissioner of highways shall thereupon lay

be laid out.

Applicant to pay damages and expenses.

out the road, 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.

(1338.) SEC. 4. The damages of the owner or owners, or occupant of the land through which such road shall be laid, when ascertained as herein before provided, together with expenses of proceedings, shall be paid by the person applying for the road, and When paid road when such damages and expenses are paid, the commissioner of highways of the township shall proceed to open the road.

to be opened.

Temporary

and how to be laid out.

(1340.) SECTION 1. The People of the State of Michigan enact, highways, when That whenever any two or more owners of any pine or other timbered lands in any township, shall wish to have a temporary highway laid out, they may, by writing, under their hands, make application to the commissioner of highways of the township for that purpose, who shall proceed to lay out such temporary highway in all respects as provided by the law in force at the time of said application in relation to laying out other highways, except as hereinafter provided.

Duty of commissioner or jury,

shall cease.

(1341.) SEC. 2. When any such application shall be made, the and when road commissioner or jury shall proceed to view the premises described in such application, and any such tracts of pine or other timbered land in the vicinity as they may deem necessity, and ascertain and determine the necessity of laying out such high way for the purpose of removing the saw-logs, timber, or lumber, from any pine or other timbered lands, and the length of time that such highway will be necessary, and they shall state such time in their proceedings, and at the expiration of said time such highway shall cease; but no such highway shall be laid out along and upon, and so as to occupy any road made or caused to be made by the owner of said land, or by any person with the consent of said owner, and used by the person or persons who made the same, unless such owner shall consent thereto in writing. If the owner of the land across which designate route. such highway is desired, shall appear before the commissioner or jury at the time and place fixed by them to determine such necessity, and shall designate a route for such highway, which shall be,

Exception.

Owner may