(1199.) SEC. 8. The commissioners of highways of each town- Guide-posts. ship shall cause guide-posts, with proper inscriptions and devices thereon, to be erected and kept in repair at the intersection of all post roads in their township, and at the intersection of such other roads therein as they may deem necessary. ploughs. (1200.) SEC. 9. Any overseer of highways may procure a good Scrapers and and sufficient iron or steel shod scraper, and a suitable plough, or either of them, for the use of his road district, to be paid for with moneys arising from commutations, delinquencies, or non-resident highway taxes within such district.1 by overseer, (1201.) SEC. 10. If any overseer shall be employed more days Excess of work in executing the several duties enjoined upon him by this chapter, how paid for. than he is assessed to work on the highways, he shall be paid for the excess at the rate of seventy-five cents per day, and be allowed to retain the same out of any moneys that may come into his hands for delinquencies or commutations, under this chapter; but he shall not be allowed to commute for the days he is assessed. sioners to ap etc. (1202.) SEC. 11. If any person chosen to the office of overseer of When commishighways shall refuse to serve, or if his office shall become vacant, point overseer, the commissioners of highways shall, by warrant under their hands, appoint some other person in his stead; and the overseers so appointed shall have the same powers, be subject to the same orders, and liable to the same penalties, as overseers chosen in township meetings. (1203.) SEC. 12. The commissioners of highways, making such Warrant to be filed, notice to appointment, shall cause such warrant to be filed in the office of bo given, etc. the township clerk, who shall forthwith give notice thereof to the person appointed, which person shall give written notice of his acceptance to such clerk, within ten days after receiving notice of his appointment. lect, etc., by (1204.) SEC. 13. Every overseer of highways who shall refuse or Penalty for negneglect to perform any of the duties required of him by law, or overseer. which may be lawfully enjoined on him by the commissioners of highways of his township, and for the omission of which a penalty is not hereinafter provided, shall, for any such neglect or refusal, forfeit the sum of ten dollars. sioners to prose (1205.) SEC. 14. It shall be the duty of the commissioners of When commishighways of each township, whenever any person resident in their cute for penalty. township shall make complaint that any overseer of highways in such township has refused or neglected to perform any of the 1 As amended by Act 51 of 1848. Laws of 1848, p. 49. liable. duties required of him by law, or shall give or offer to such commissioners sufficient security to indemnify them against the costs which may be incurred in prosecuting for the penalty annexed to such refusal or neglect, forthwith to prosecute such overseer in the name of the people of this State, for the recovery of such penalty. When overseer If any overseer of highways shall neglect or refuse to warn the residents in his district, liable to do work on the highways, to do such work as the law requires and his warrant directs, such overseer shall be liable to pay for all the work not so done or commuted for, at the rate of sixty-two and a half cents per day; and it shall be the duty of the commissioners of highways in each township to prosecute any overseer, who may so neglect or refuse to do his duty, before any justice of the peace, or any other court of competent jurisdiction, and collect of him what he may be liable to pay under the provisions of this act, unless such overseer shall show satisfactory cause to such justice of the peace, or such court, why he should not pay the same: Provided, That in all cases where judgment shall be recovered against any such overseer, under the provisions of this section, such overseer shall not be further liable to an action for the penalty incurred by such neglect or refusal.' Defective high way records to by township clerk. An Act to authorize the perfecting of the records of public highways, and for other purposes. [Approved March 28, 1849. Laws of 1849, p. 176.] (1206.) SECTION 1. Be it enacted by the Senate and House of be transcribed Representatives of the State of Michigan, That the clerk of any township where the records of highways, filed and recorded prior to the first day of January, eighteen hundred and forty-seven, may be found defective, may and he is hereby authorized to transcribe the legal survey bill of every such road, having thereon the signature of the surveyor who made the survey, and the names of the highway commissioners of the township for the time being, or a majority of them. How clerk to transcribe the same. (1207.) SEC. 2. The clerk in transcribing, where characters, initials, signs, and figures are used in the survey bills herein required to be transcribed, shall write the same in words at full length; but the names of the highway commissioners, where there is no order establishing the survey as a public highway, shall be omitted. (1208.) SEC. 3. Where the clerk of any township shall have cribed, commis at office of town transcribed the survey bills of his township, according to the pro- When transvisions of the preceding sections of this act, it shall be his duty to sioners to meet give notice thereof to the commissioners of highways of his town- ship clerk. ship, and it shall be the duty of said commissioners, or a majority of them, within ten days after the receipt of such notice, to meet at the office of such township clerk. to establish as of the roads as est may require. (1209.) SEC. 4. When so met, it shall be the duty of said com- Commissioners missioners, and they are hereby authorized, to affix their order and highways such determination establishing as public highways so many roads as the public interthere are survey bills transcribed according to the provisions of this act, or so many thereof as, in their opinion, the public interest may require: Provided, That nothing herein shall be construed as authorizing the commissioners of highways to establish by their order, or in any manner to affect the record of any road, except such as was surveyed, opened, and traveled as late as January first, eighteen hundred and forty-nine. of commission ed. (1210.) SEC. 5. The said commissioners, after having made their Determination order upon the corrected copies of the survey bills, as prescribed in ers to be recordthe last preceding section of this act, shall deliver the same to the township clerk, whose duty it shall be to cause the same to be filed and recorded as provided in chapter twenty-five, section one, of the Revised Statutes of eighteen hundred and forty-six.. rected record. (1211.) SEC. 6. The corrected copy of the survey bill of any Effect of cortownship road, filed and recorded in pursuance of the provisions of the last preceding section, shall be denominated the corrected record of highways of said township, and as such shall be deemed of the same force and effect that they would have had in law had they been made perfect at the time the surveys were taken. SEC. 7. This act shall be in force from and after its passage. An Act relative to the streets of recorded but unincorporated village plats. [Approved March 6, 1844. Laws of 1844, p. 28.] ated villages, to overseers of (1212.) SECTION 1. Be it enacted by the Senate and House of Streets on plats Representatives of the State of Michigan, That such streets of of unincorpor recorded but unincorporated village plats, as the commissioners of be under care of highways shall deem to be required for public highways, shall be highways. included in the several road districts of the respective townships in which they are situated, and shall be subject to the care and superintendence of the commissioners and overseers of highways 16 Barb. S. C. R. relative to repairs, and in like manner as other highways are now by law provided for. 251. SEC. 2. This act shall take effect and be in force from and after its passage. State roads to be in charge of of highways. 15 Mich. 347. An Act relative to State roads. [Approved March 28, 1836. Laws of 1836, p. 102.] (1213.) SECTION 1. Be it enacted by the Senate and House of commissioners Representatives of the State of Michigan, That all State roads which are now or hereafter may be laid out in this State, shall be under the care of the commissioners of highways of the several townships through which the same shall pass, and subject to be by them opened and kept in repair, in the same manner as township roads may be by them opened and kept in repair. Proceedings on the opening of roads. An Act to provide for the opening and improvement of roads on the line between adjoining townships. [Approved March 19, 1863. Laws of 1863, p. 292.] (1214.) SECTION 1. The People of the State of Michigan enact, That whenever a road shall have been laid out and established on the line between adjoining townships, upon the petition of twelve freeholders of either township, the commissioners of highways of the respective township shall meet upon the line of such road and make an examination into the condition of the same, and if, in their opinion, or a majority of them, the public good require the opening of such road, or the improvement of the same, and that the highway labor assessed thereon is insufficient to open such Contracts to be road or make such improvement, they shall proceed to let contracts for the opening and improvement of such road, and when such contracts are completed and accepted, give orders upon the treasurer of the township to which such road or part of road belonged, payable out of any money raised or to be raised for that purpose, and notify the supervisors of said township or townships of the amount of such order; and it shall be the duty of the supervisor to assess the same upon the taxable property of the township in the same manner as other township taxes are assessed and collected: Provided, Such contract shall not exceed fifty dollars in any one year on any one road in such township. let. How paid. Amount to be assessed. SEC. 2. This act shall take immediate effect. An Act relative to the discontinuing of State roads by the commissioners of highways. [Approved March 20, 1867. Laws of 1867, p. 99.] Whereas, Commissioners of highways of some of the townships Preamble. of this State have, under a misapprehension and without any lawful authority, assumed or pretended to discontinue certain State roads, which could only be discontinued by the Legislature, State Board of Control, or the board of supervisors of the proper county; therefore power by com (1215.) SECTION 1. The People of the State of Michigan enact, Assumption of That no commissioners of highways of any townships of this missioners. State shall hereafter attempt to discontinue any State road, or presume to exercise any such power over any such road. CHAPTER XXIV. PERSONS LIABLE TO WORK ON HIGHWAYS, AND MAKING ASSESSMENTS THERE FOR. Chapter twenty-three of Revised Statutes of 1846. N. Y. Rev. Stat. be assessed. (1216.) SECTION 1. Every person owning or occupying land in Persons liable to the township in which he resides, and every male inhabitant above the age of twenty-one and under fifty years, except as hereinafter provided, residing in the township where the assessment is made, shall be assessed to work on the highways in such township; and the lands of non-residents, situated in such township, shall be assessed for highway labor as hereinafter directed. (1217.) SEC. 2. The commissioners of highways of the several Assessment of townships shall meet at the office of the supervisor, on the first highway tax. Thursday after the third Monday of May in each year, for the purpose of assessing a highway tax, and they shall have free access |