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sand dollars necessary.
three of the session laws of eighteen hundred and eighty-one, being an act to revise and consolidate the laws relating to the establishment, opening, improvement, and maintenance of highways and private roads, and the building, repairing, and preservation of bridges within this State, be, and the same is hereby amended so as
to read as follows: Duty of commis. SEC. 3. Whenever, in the opinion of the commissioner, an expenditure of exigency may exist requiring the expenditure of a greater sum than over one thou- one thousand dollars for the building, rebuilding, or repair of any
bridge or bridges in his township (or whenever he shall be petitioned, in writing, by not less than fifteen resident freeholders thereof), he shall notify the township clerk of the township, in writing, and the township clerk shall, within five days thereafter, call a
meeting of the township board, to consider the matter of such Question of notice. In case the exigency be deemed sufficient, the township to be submitted board shall order that the question of raising money for such build
ing, rebuilding, or repair, be submitted to the electors of the township. If the order be made within thirty days preceding the annual township meeting, the question shall be submitted at such meeting, but otherwise a special township meeting shall be called, and the township board shall determine the form of notice to be given, as prescribed in the next section following, and at such
township meeting the qualified electors of such township may vote Limitation of a sum not exceeding one-half of one per cent in any one year, on amount to be
the assessed valuation of the real and personal estate of such township as may appear by the then last assessment, for the purposes in this section specified.
Approved April 27, 1883.
to electors, etc.
riding over bridges probibited.
[No. 57.] AN ACT to prevent fast driving or riding over bridges owned by
couuties. Fast driving and SECTION 1. The People of the State of Michigan enact, That
whenever any county in this State shall own any bridge across a navigable stream the board of supervisors may make rules to prevent fast riding or driving thereon, and such reasonable rules as
may be so made shall have full force and effect as to all persons Penalty for. passing over such bridge, and any person violating the same shall
be liable to a penalty as hereinafter provided, for such violation.
SEC. 2. No person shall be so liable unless those in charge of said bridge shall cause to be placed and maintained on said bridge a notice in large painted letters, as follows: “Five dollars fine for driving or riding faster than a walk on or across this bridge.” Any person so offending shall be deemed guilty of a misdemeanor and, on conviction, shall be liable to a fine not to exceed five dollars, and in default of the payment of such fine, to imprisonment in the county jail for a period not to exceed ten days.
Approved April 27, 1883.
Notice to be placed on bridges.
[ No. 58. ] AN ACT to amend section five thousand one hundred and seventy
nine of the compiled laws of eighteen hundred and seventy-one, relative to courts of chancery.
SECTION 1. The People of the State of Michigan enact, That Section section five thousand one hundred and seventy-nine of the compiled an laws of eighteen hundred and seventy-one be and the same is hereby amended so as to read as follows: (5179.) SEC. 143. Any complainant or defendant who may think Appeal to
supreme court. himself aggrieved by the order overruling a general demurrer, or by the decree or final order of a circuit court in chancery in any cause, may appeal therefrom to the supreme court. When the supreme When case court decides the appeal taken from an order overruling a demurrer circuit court bill the case shall be remanded to the circuit court in chancery, and amended, otc. the complainant may amend his bill, or the defendant may file his answer as the case may be, and for that purpose the parties shall have such reasonable time as the supreme court may prescribe, and the cause shall then be heard and disposed of the same as cases in which no interlocutory appeal has been taken. Where there are stay of protwo or more defendants, a portion of whom only demur, all proceedings shall be stayed as to the other defendants, except filing and serving pleadings until such demurrer is finally disposed of.
Approved April 27, 1883.
monna ceedings in
[ No. 59. ] AN ACT to amend section two (2), chapter eight (8), of act num
ber two hundred and forty-three, of public acts of eighteen hundred and eighty-one, relative to the selection of jurors to lay out highways.
SECTION 1. The People of the State of Michigan enact, That sec- Section tion two, chapter eight, of act number two hundred and forty- amended. three, public acts of eighteen hundred and eighty-one, relative to the selection of jurors to lay out highways, be amended so as to read as follows:
SEC. 2. At the time and place designated, the commissioner shall Manner of direct some disinterested person to write down the names of solocting a jury. eighteen disinterested freeholders, from which list the owner or occupant of the land to be crossed by such road, and the applicant for the road shall strike out three names each, and the balance remaining on the list shall form the jury. In case the owner or occupant, or the applicant shall not be present, or being present shall neglect or refuse to strike, the commissioner shall strike for the party so absent, or neglecting or refusing. The commissioner Commissioner shall issue a citation to such freeholders to appear before him at a to issue oita
tion, etc. time certain within forty-eight hours, to determine as to the necessity of such road, and the damages resulting therefrom, in case such road shall be deemed necessary, and the hearing of the appli
cation shall then stand continued until the time when the citation is returnable: Provided, however, When from any cause a sufficient number of jurors to form a panel shall not appear at the given time, the commissioner may direct some disinterested freeholder to write down the names of disinterested freeholders enough to equal twice the number of vacancies to be filled. The commissioner shall strike off one-half of the names from such list, and shall issue a citation to such freeholders to appear before him forth with.
Approved April 27, 1883.
Construction, etc., of sidewalks authorized.
tions for laying
[ No. 60. ] AN ACT for the construction of sidewalks, within and along high
ways in townships and villages. SECTION 1. The People of the State of Michigan enact, That ks public sidewalks may be established, opened, improved, and main
tained within the boundaries, and along the highways, within this State under the provisions of this act; and the townships and unincorporated villages of this State shall possess the authority herein prescribed, for the building, repairing, and preserving the
same. Width of side. Sec. 2. Public sidewalks shall not be less than four feet in width
when constructed of earth, and may be laid out, altered, or discontinued, by the commissioners of high ways of any township, within any road district, upon the written application of a majority of the tax payers of any road district, or of two or more contiguous road
districts. What applica. SEC. 3. In applications for laying out or altering a sidewalk, the out sidewalks, high way along which the walk is to be laid, or the extent to which
it is proposed to be changed, shall be described in general terms, and when the application is for the altering or discontinuance of a sidewalk, such walk may be described by any means by which it is known; but if discontinuance of only a portion of the walk is asked
for, such portion shall be specified. Notice to be SEC. 4. In case of an application the commissioner shall, within given by com. missioner upon five days after receiving the same, issue a written notice stating the
object of such application, and appoint a time and place of hearing, which notice shall be served by posting up the same in three public places in each highway district, along the line of the proposed sidewalk, ten days before the time of hearing.
SEC. 5. The commissioner, shall, at the time appointed, proceed to examine the route prescribed, and to ascertain and determine the necessity for laying out, altering or discontinuing a sidewalk pursuant to such application; and within five days after a final determination upon any application, he shall file a full record and return of his doings in the premises, with the township clerk.
Sec. 6. The overseers of highways in each road district shall have
the general care and superintendence of such sidewalks, and shall control of, etc. for the purpose of building and repairing the same, use, not to
etc., to contain,
receipt of application.
Proceedings upon hearing.
Overseers of highways to have care and
c driving upon
exceed one-tenth, of the highway labor, or money assessed, in his district.
SEC. 7. Whoever shall ride or drive upon any sidewalk laid out Riding and according to the provisions of this act, except for the purpose of prohibited. crossing the same, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be liable to a fine not exceeding five dollars for each offense.
Approved April 27, 1883.
[No. 61. ] AN ACT making an appropriation for the support of the reform
school for the years eighteen hundred and eighty-three and eighteen hundred and eighty-four.
SECTION 1. The People of the State of Michigan enact, That Appropriathere be and hereby is appropriated from the general fund in the State treasury the sum of forty-five thousand dollars to meet the current expenses of the reform school for the year eighteen hundred and eighty-three, and the further sum of forty-five thousand dollars to meet the current expenses of the reform school for the year eighteen hundred and eighty-four.
SEC. 2. The several soms appropriated by the provisions of sec- To be placed tion one of this act shall be placed to the credit of the reform reform school. school, and paid on the order of the board of control in quarterly installments, in accordance with the provisions of law.
SEC. 3. The auditor general shall add to and incorporate in the Tax for. State tax for the years eighteen hundred and eighty-three and eighteen hundred and eighty-four the amounts appropriated by section one of this act for each of said years, which amounts when collected shall be passed to the credit of the general fund to reimburse the same for the amounts hereby appropriated therefrom.
Ordered to take immediate effect.
[ No. 62.] AN ACT to amend section thirteen of an act entitled "An act to
authorize the formation of corporations for the purpose of improving the navigation of rivers," approved April fifth, one thousand eight hundred and sixty-nine.
SECTION 1. The People of the State of Michigan enact, That Section section thirteen of an act entitled “An act to authorize the forma- amende tion of corporations for the purpose of improving the navigation of rivers," approved April fifth, one thousand eight hundred and sixty-nine, being section two thousand seven hundred and twentyeight of the compiled laws of one thousand eight hundred and seventy-one, be and the same is hereby amended so as to read as follows:
When corpora. SEC. 13. Every such corporation organized, as herein before pretion may make improvements. scribed, may make the improvements thus set forth in said plans
after the same shall have been approved by said board of control, Powers, liabili. and shall have the following powers and be subject to the liabilities ties and restrictions.
and restrictions following, that is to say, Power to make
First, To cause such examinations and surveys of [for] the proexamination
posed improvements, whether of dams or canals, or deepening of the and surveys.
channels to be made along the stream, the navigation of which it
is proposed to improve, as may be necessary to prepare for the work To enter upon
to be done, and by their officers and agents and servants to enter lands, etc.
upon the lands or waters of any person or company, but subject to Damages. liability for all damages which they shall do thereto; Acquisition of
Second, To purchase, and by voluntary grants and donation's property.
to receive, enter upon, take, hold, and use all such lands and real estate and other property as may be necessary for the construction and maintenance of the work proposed in the approved plans of
such company; To divert waters. Third, To divert into such stream to be improved, waters from
any lake or lakes in the vicinity thereof by canals to be constructed for that purpose ; to divert the water from the present channel of
the stream to be improved, by cutting across bends in said river; to To flood lands.
flood lands by constructing the necessary dams according to plans approved as aforesaid, and to enter upon, take, and use any lands which may be necessary for the purpose of constructing and maintaining such works and improvements : Provided, That the necessity for such diversion of the water, flooding of lands, and of taking such lands for such purposes, and the damages to be paid therefor, in each case of diversion of water, flooding of land, or taking of the same shall be ascertained, and such damages paid as provided for in sections thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty two, twenty-three, twenty-four, and twenty-five of an act entitled "An act to provide for the formation of companies to construct plank roads," approved April eighth, one thousand eight hundred and fifty-one, being sections one thousand eight hundred and ninety-four to one thousand nine bundred and five, inclusive, of the compiled laws and the
amendments thereto; To drive logs, Fourth, To have power to drive the logs put into such stream, etc., and make contracts for
and for that purpose to make and enforce all necessary contracts tolls, eto. with the owners of the logs and other floatables to be driven in
such stream, and may also make contracts relative to tolls to be
Ordered to take immediate effect.