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Labor for the

(1104.) SEC. 7. In payment for the labor performed, mate- Payment for rials furnished, and necessary expenses incurred, for the purpose same. in the last 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)

raised therefor.

(1105.) SEC. 8. For the purposes of levying and collecting Moneys how such 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.]

cupiers of Mills Works to main

tain Bridges over

their races.

(1106.) SECTION 1. The People of the State of Michigan enact, owners and OcThat it shall be the duty of all owners, occupiers, or possessors and other Water of Mills or other Water Works, where any race or races appertaining to 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 substantial 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. (1107.) SEC. 2. In all cases where the owner or owners, Duty of Highway occupiers, or possessors of any such Mill or Mills, or other case of neglect. 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 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.

Commissioners in

charge against

(1108.) SEC. 3. The expenses so made or incurred by said Expense a legal Commissioners of Highways, in erecting or repairing such Owners, etc. bridge, or bridges, shall be a legal charge against the owner or

(c) See note (c) in the preceding page.

Declaration in suit to recover

owners, occupiers or possessors of such Mill or Mills, or other Water Works, and it shall be the duty of the said Commissioners 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 towards the payment of said expenses.

(1109.) SEC. 4. Whenever an action of assumpsit shall be Expenses. brought, 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 allege 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 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.

Defence.

This act shall take effect immediately.

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to be for use of

(1110.) SECTION 1. All trees standing or lying on any land When Trees, etc., over which any highway shall be laid out, shall be for the owner of Land. proper use of 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.

out along High

(1111.) SEC. 2. Any person owning or occupying land adjoin- Trees may be set ing any highway not less than three rods wide, may plant or way, etc. set out trees 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 trespass, or on the case.

Milestone, etc.,

meanor.

(1112.) SEC. 3. Whoever shall wilfully destroy, remove, Person removing injure or deface any milestone, or mile board, erected on any guilty of misdehighway; or shall wilfully injure or deface any inscription or device upon any guide post or guide board on any highway, or remove, destroy or injure any such guide post or guide

Liability for in

juring Highway; Overseer Prosecute.

to

When Commissioners to Prosecute.

Provisions of this
Title to extend to

except, etc.

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.

(1113.) SEC. 4. Whoever shall injure any highway, by obstructing or diverting any creek, water course or sluice, or by drawing logs or timber on the surface of any road or bridge, or by any other act, shall 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.

(1114.) SEC. 5. But if any such injury shall be done, within any road district, by the Overseer of Highways of such district, or with his 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 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. (a)

(1115.) SEC. 5. The provisions of this chapter and of the preall parts of State, ceding chapters, relating to highways and bridges, shall be construed to extend to all parts of the State, except where special provisions inconsistent therewith have been, or shall be, made by law in relation to particular townships, counties, cities or villages.

(a) Added by Sec. 21 of Act 206 of 1848. Laws of 1848, p. 315.

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ing Ferries.

(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 proper; which licenses shall continue in force for a time to be specified therein by said board, not exceeding three years.

how regulated.

(1117.) SEC. 2. The said board, when they shall grant any Rates of Ferriage license to keep a ferry, shall order and direct the rates of ferriage which the 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 when License person other than the owner of the land through which the except to Owner highway adjoining the ferry shall run, unless such owner shall consent thereto, or shall neglect to apply for such license, after notice as hereinafter provided.

not to be granted

of Land.

(1119.) SEC. 4. Whenever application shall be made by any Ibid. person other than such owner, the board shall not grant a license to such applicant without the consent, in writing, of

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