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. 847. 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 THEREFOR. 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 List to be fur nished by over seers. Statement and description of property. to the assessment roll until they shall have completed their assessment.1 (1218.) SEC. 3. Each of the overseers of highways shall, within sixteen days after his election or appointment, deliver to the township clerk a list, subscribed by him, of the names of all the inhabitants in his road district who are liable to work on the highways. (1219.) SEC. 4. The commissioners of highways in each township shall make out from the assessment roll a separate list and statement of the valuation of all the taxable personal property and a description of all lots or parcels of land within each road district in such township, inserting in a separate part of such list descriptions of lands owned by non-residents of the township, with the value of each lot or parcel set down opposite to such description, as the same shall appear on the assessment roll; and if such lot or tract was not separately described in such roll, then in proportion to the valuation which shall have been affixed to the whole tract of which such lot or parcel forms a part. Highway labor; (1220.) SEC. 5. In making the estimate and assessment of highhow and by whom estimated way labor the commissioners shall proceed as follows: Who to be as sessed. Residue of highway labor; how apportioned. Commissioners; duties of. First. Every male inhabitant in each road district being above the age of twenty-one and under the age of fifty-except pensioners of the United States and other soldiers and sailors honorably discharged, who are disabled from performing manual labor by reason of wounds received or disease contracted while in the service of the United States, paupers, idiots, and lunatics-shall be assessed one day; Second. The residue of the highway labor to be assessed, not exceeding one day's work upon one hundred dollars of the valua tion, shall be apportioned upon the estate real and personal of every inhabitant in each of the road districts in such township, and upon each tract or parcel of land in the respective road districts of which the owners are non-residents, as the same shall appear by the assessment roll; Third. The commissioners shall affix to the name of each person named in the lists furnished by the overseers and not assessed upon the assessment roll, and also to each valuation of property within To fix number of the several road districts, the number of days which such person days persons and property shall be or property shall be assessed for highway labor, adding one day to assessed. As amended by Act 185 of the Laws of 1863, p. 196, approved March 18, 1863. Immediate effect. the assessment of each person liable to a poll tax and assessed upon the township assessment roll.1 duplicates. (1221.) SEC. 6. The clerk of the board of commissioners shall, Clerk to make under their direction, make duplicates of the several lists, which shall be subscribed by the commissioners, one of which lists for each road district shall be filed by such clerk in his office, and the other shall be forthwith delivered to the overseer of highways of the district in which the highway labor therein specified is assessed. (1222.) SEC. 7. The names of persons left out of any such list, Names of perand who ought to have been included therein, and of new inhabitants who have not in the same year been assessed in some other place for highway labor, shall be, from time to time, added to the several lists, and rated by the overseers in proportion to their taxable real and personal property, as others are rated on such lists by the commissioners, to work on the highways, subject to an appeal to the commissioners. sons omitted. sons working (1223.) SEC. 8. It shall be the duty of the commissioners of Credit to perhighways of each township to credit such persons as live on private private roads. roads and work the same, so much upon their assessment on account of such work, as such commissioners may deem necessary to improve and keep such private roads in repair; or they may annex any such private road to some highway district. ments to be (1224.) SEC. 9. Whenever the occupant of any land not owned Certain assessby him, shall be assessed therefor by the commissioners, they shall made separate. distinguish in their assessment list the amount charged upon such land from the personal tax, if any, of such occupant; but when any such land shall be assessed in the name of the occupant, the owner thereof shall not be assessed, during the same year, to work on the highways on account of such land. ment may be rent. (1225.) SEC. 10. Whenever any tenant of any land for a less term when assessthan twenty-five years, shall be assessed to work on the highways deducted from on account of such land, pursuant to the last section, and shall actually perform such work, or commute therefor, he shall be entitled to a deduction from the rent due or to become due from him for such land, equal to the full amount of such assessment, or he may recover the same of his landlord in an action for money paid for his benefit, estimating the same at so much as is or shall be prescribed by law for commutation per day for highway labor, unless otherwise provided by agreement between such tenant and his landlord. As amended by Act 31 of the Laws of 1871, p. 32, approved March 10, 1871. CHAPTER XXV. THE DUTIES OF OVERSEERS IN REGARD TO THE N. Y. R. S. Art. 3, Title 1, Chap. 16, Part 1. Notice to persons assessed. When agent of non-resident to be notified. Commutation for work, etc. Chapter twenty-four of the Revised Statutes of 1846. (1226.) SECTION 1. It shall be the duty of the overseers of highways to give at least twenty-four hours' notice to all persons assessed to work on the highways in their respective districts, and residing in their townships, of the time and place when and where they are to appear for that purpose, and with what implements. (1227.) SEC. 2. It shall be the duty of the several overseers of highways to notify the agent of every non-resident owner of lands within their respective districts, if they shall know that any such agent resides within the township, of the number of days assessed upon the lands of such non-resident, and of the time when and place where the labor is to be performed; which notice shall be given at least five days previous to the time appointed. (1228.) SEC. 3. Every person liable to work on the highways shall work the whole number of days for which he shall have been assessed; but every such person, other than an overseer, whether resident or non-resident, may elect to commute for the same or any part thereof, at the rate of one dollar for each day, in which case such commutation money shall be paid to the overseer of highway of the district in which the labor is required to be performed, and shall be applied and expended by such overseer in the purchase of implements, or construction and repair of the roads and bridges in |