and to pay the same over to the township board, for the use of the school library fund in the township where the same was recovered.

Sec. 14. That where it is desired to extend a ditch, drain, or water-course into one or more townships, notice must be given, by filing with the commissioners of each township, a petition signed by a majority of residents affected thereby, in their respective townships, also a bond with two sureties, as before required; such petition must set forth, as nearly as may be, the starting point and terminus, also the route of such ditch or water-course. A day shall be agreed upon by the commissioners of all the towns interested, and the proper notices given, as provided in section two of this act.

Sec. 15. Upon the day set they shall meet at the place appointed, and if they agree to locate such ditch, and establish the starting point, route, and terminus, and the amount of expenses to be assessed by the commissioners of each township upon the resident owners affected therein, then the commissioners of each township shall proceed to locate, establish and construct such ditch, assess owners of land, and in all respects carry out the law as is required in locating ditches or watercourses in single townships: Provided, That the joint board of commissioners shall furnish a map of the ditch, together with a record of joint proceedings, to be filed in the township clerk's office in each township.

Sec. 16. That all laws or parts of laws authorizing the locating, establishing, or constructing of ditches, drains and watercourses, be and the same are hereby repealed, so far as the same relates to commissioners of highways in townships.

Approved March 17, 1869.

AN ACT

To provide for the draining of Swamps, Marshes, and other Low Lands.

SECTION 1. The People of the State of Michigan enact, That there may be one drain commissioner elected by the people in any organized county of this State; and if in such counties there shall be drain commissioners holding appointments under this act, the office of said commissioners shall cease when the said drain commissioner shall be duly elected and qualified, and shall have filed his bond, according to the provisions of this act.

Sec. 2. The first election of the county drain commissioner shall be held on the first Monday of April, one thousand eight hundred and sixty-nine, and every two years thereafter. The election provided for by this act shall be conducted, as near as may be, in the same manner and by the same officers, and the inspectors of election shall make the same canvass, statement, and returns as is provided by law for the election of a judge of the Supreme Court; and said drain commissioner shall be voted for on the same ballot as the judge aforesaid; and the board of county canvassers shall determine and declare the persons thus elected to the office of county drain commissioner.

Sec. 3. A certificate of election shall be immediately issued by the county board of canvassers to the person so elected to the office of county drain commissioner, who shall, within twenty days thereafter, take and subscribe the oath of office prescribed by the constitution of this State, and deposit the same with the county clerk, to be filed and preserved in his office, when it shall be the duty of said drain commissioner to execute to the county a bond, with two or more good and sufficient sureties, in such sum as the county treasurer and the sheriff of the county may require, and shall file said bond with the county clerk. He shall leave his post-office address with the county clerk, and shall enter upon the duties of his office

on the first day of May following, and shall preserve a record of his official acts in a book or books, to be furnished at the expense of the county, and delivered to his successor in office. Said commissioner shall file and preserve in his office, certified copies of all accounts against the drainage fund, and draw all orders on the drainage fund for the payment of such accounts. A vacancy in said office of drain commissioner may be filled by the judge of probate of said county.

Sec. 4. Upon application to him, in writing, of ten or more owners of land in each township in or through which they ask to have a drain constructed, for the construction of any drain or drains under this act, it shall be the duty of said commissioner to examine personally the swamp or low lands designated in such application, and if, in his opinion, such swamp or low lands should be drained, under his authority, he shall try to obtain a release of the right of way and other damages, from every person through whose land such drain or drains are to pass. If he obtain such release, he shall proceed to make such examination, by surveys or otherwise, as may be necessary to determine the route, width, length, and dimensions of any drain or drains required to be cut in any lands designated in such application, and the lands to be benefited thereby, and shall set division stakes at uniform distances, and not more than twenty rods apart, along the proposed line of every drain he decides to construct, and indicate distinctly on each stake, the number of the division from the place where such drain is to begin.

Sec. 5. If such release cannot be obtained in a reasonable time, said commissioner shall issue an order, under his hand, directed to the sheriff or any constable of said county, to write down the names of twenty-four freeholders, residents of said county, and not interested in the drain or drains in reference to which they are to act, and qualified to be jurors in the circuit court in said county. Such officer shall thereupon write down the names of twenty-four such persons, and give notice to said commissioner, and to such of the persons through whose lands

such drain or drains will run, as reside in the township or townships through or into which such drain or drains will pass, and can be found therein, that he will leave such names at the house of some justice of the peace in one of said townships, naming such justice, the place and time to be named in such notice, and the time, not less than four days from the time of giving such notice, and that at said place and time a jury will be struck from such list of names. At the time and place appointed, said commissioner shall strike off six names, and the person or persons interested in said drain or drains shall strike off a like number; and if either or both parties fail to strike off, such sheriff or constable shall do so for him or them, and the names remaining on such list shall form the jury; and thereupon said commissioner shall issue a venire, under his hand, directed to any constable, or the sheriff of said county, commanding him to summon said jury to be and appear before said commissioner, at a time and place to be named in said venire, to determine the necessity for the construction of any such drain or drains, and the amount of damage sustained by any person or persons owning or interested in any of the lands through which such drain or drains may be constructed. If the jury shall not all appear within one hour after the time of appearance named in said venire, said commissioner shall direct the officer to summon a sufficient number of competent jurors, as aforesaid, as talesmen, to complete the panel; and when the panel shall be full, said commissioner shall administer unto each juror an oath, well and truly to examine and determine the necessity for constructing said drain or drains, and to assess the damages sustained by any person or persons owning or interested in the lands through which the same shall pass. Said jury shall thereupon proceed to examine such swamp, marsh, or other low land, to determine the necessity for constructing such drain or drains, and if they shall, on a careful examination of the whole matter, be of the opinion that it is necessary to construct said drain or drains, they shall proceed to assess the damages which any person or persons shall sus

tain by reason of the construction of the same, and shall certify, in writing, their doings, and the amount of damages so assessed, to said commissioner; and said jurors shall each be entitled to receive one dollar per day, and six cents per mile for traveling, in going to the place or places where such drain or drains shall be located, to be paid according to the provisions of this act.

Sec. 6. Said commissioner may, instead of calling a jury as provided in section five of this act, apply to a court of record having jurisdiction in said county, for the appointment of three special commissioners to examine such swamp, marsh, or other low land, and determine the necessity for the construction of any drain or drains therein, and the amount of damages that any person or persons will sustain thereby. It shall be the duty of said court of record, on such application, to appoint such special commissioners, and deliver to said drain commissioner a certificate of the appointment of said commissioner, and the commissioners so appointed shall determine the necessity for constructing any drain or drains so applied for, and assess the damages to which any person or persons shall be entitled by reason of the construction thereof, in the same manner and under the same restrictions imposed on a jury of freeholders in section five of this act, and shall certify in writing, their determination to said drain commissioner.

Sec. 7. If at this or at any prior stage of the proceedings, all the owners of the lands through which such drain or drains are located shall, by themselves, their agents, or attorneys, pay to said commissioner all the costs and expenses thus far incurred by him, and severally enter into contract with said commissioner, with good and sufficient surety, and in such sum as said commissioner may require, to construct so much of said drain, and on such route, and of such dimensions as said commissioner may in said contracts determine and assign to said owners respectively, and the expenses to be incurred in accepting said contracts or otherwise, and collection in case of non-fulfillment, then said commissioner may so contract with said