Tax levied to pay bonds and interest. Proviso. Duty of clerk. Absence of inspectors. Who shall act. Aid, how expended. according to and in pursuance of the terms specified and contemplated by such written request and vote, and not otherwise. (1282.) SEC. 4. The township board of any township, and the proper officers or board of any city or incorporated village, shall have power, and it shall be their duty, to raise by tax such sum or sums as shall be sufficient, from time to time, to pay principal and interest of any bonds or other obligations of the municipality, issued or created under the provisions of this act, as often as they come due: Provided, That no such bonds or other obligations shall be sold for less than par; and such bonds or other obligations shall bear such rate of interest, not exceeding ten per cent, as shall have been named in the request made for such aid. (1283.) SEC. 5. It shall be the duty of the clerk whose duty it is to post or cause to be posted and published the notices and copies of the request aforesaid, to make, or procure to be made, affidavits of such posting or publishing, and file the same, together with the original request for the meeting, in his office, and to record such request and affidavits in the proper records of such township, city, or village. In case of the qualified inspectors of election of any city, township, or village not attending at the place of holding such poll within one hour from the time fixed for the poll to be opened, those of the electors present may nominate and, viva voce appoint, one or more persons to act as inspectors; and thereupon, the person or persons so appointed shall be authorized to discharge the duties of inspectors of election in all things concerning the votes polled at such meeting, and in certifying the result thereof. The certificate of the result of the voting shall state who, if any one, was appointed inspector, and officiated; and such certificate, and the record thereof, shall be evidence of the non-attendance of the qualified inspectors of elections, and of the appointment and authority of the persons so certifying to act as inspectors. (1284.) SEC. 6. The aid voted under the provisions of this act [shall] be expended under the direction of the common council of the city, the board of trustees of the village, or town board of the township voting such aid. SEC. 7. This act shall take immediate effect. [Passed the Senate March fourteenth, eighteen hundred and sixty-seven, and ordered to take immediate effect. Returned to the Senate March twentythird, eighteen hundred and sixty-seven, without the approval of the Governor, with his objections thereto, and reconsidered. Passed March twenty-third, eighteen hundred and sixty-seven, by a vote of two-thirds of all the Senators elect, the objections of the Governor to the contrary notwithstanding. THOS. H. GLENN, Secretary Senate.] [Passed the House March twenty-first, eighteen hundred and sixty-seven, and ordered to take immediate effect.. Received again from the Senate March twenty-third, eighteen hundred and sixty-seven, with the objections of the Governor thereto, and reconsidered. Passed March twenty-third, eighteen hundred and sixty-seven, by a vote of two-thirds of all the members elect, the objections of the Governor to the contrary notwithstanding. N. B. JONES, Clerk House Representatives.] An act to secure uniformity in the surveys, field-notes, diagrams, and records of State roads; to require copies to be made, filed, and kept, and to provide for the payment of all necessary expenses attending the same. [Approved April 5, 1869. Laws of 1869, p. 308.] commissioner, or other person having charge of the survey of State roads. (1285.) SECTION 1. The People of the State of Michigan enact, Duty of local That in surveying and locating State roads hereafter to be surveyed and located, it shall be the duty of the local commissioner, or other person or persons having charge of the same, to cause the survey to be made on the center line of the road to be located, all the termini and angles to be established with proper monuments, or by noting bearing trees, the course from angle to angle to be accurately given in degrees and minutes, and the distance from one angle to another to be measured and stated in chains and links. Wherever the line of survey crosses a section line, the point of crossing shall be described by giving the distance of such crossing from a section, quarter section, or meander corner. The magnetic variation of the needle shall be stated. The field notes shall also Field notes: show the character of the country on the line of said survey, by be made. describing the timber, soil, and general surface of the ground, and shall give the width of all streams at the point where said road line crosses. Said field notes shall be made on separate sheets, one sheet for each township through which such road is in whole or in part located; said sheets to be twelve inches square, exclusive of the necessary margin. the how same shall shall be made. (1286.) SEC. 2. The surveyor or the person having charge of the How diagram survey shall make or cause to be made a diagram or map, upon or map of survey scale and in the form of the usual government survey plats, being a scale of two inches to the mile; and all of said road which may lie in a given township, as shown by the government surveys, shall be delineated on one plat or sheet of substantial paper or map muslin, so as to show all the section and quarter-section lines, all streams at the point of crossing, and the exact line of the road. There shall also be shown, by appropriate designs, all improved farms or cleared land, all swamps, marshes, and high hills on the line of said road; and each sheet or plat shall show the number Copy of field notes and dia with register of deeds. and range of the township which it represents, it being the design to have said plats and field notes in proper form to be bound in book style. (1287.) SEC. 3. One copy of such field notes and diagram shall gram to be filed be filed with the register of deeds of any county in which the said road may be located, so far as the same may lie in such county; and the said registers with whom any such copies may be filed shall carefully preserve all files in proper order in his said office, and deliver the same to his successor in office. In all cases where When copy to be said roads are State swamp land roads, there shall also be one such filed in Stato offices. Expenses of survey; how paid. copy filed in the office of the Swamp Land Road Commissioner, at Lansing; and for all other State roads there shall be one such copy filed in the office of the Secretary of State, at Lansing. (1288.) SEC. 4. All necessary expenses for making surveys, field notes, and diagrams of such State roads, and the copies required by section three of this act, shall be paid by the several counties, so far as the same shall run through any territory properly chargeDuty of board able to said county; and it is hereby made the duty of the several boards of supervisors of any of the counties of this State through which any State road may be located, to audit and pay all necessary expenses of the surveys, field-notes, diagrams, and copies provided for in this act. of supervisors. CHAPTER XXVII. THE OBSTRUCTION OF HIGHWAYS, ENCROACHMENTS THEREON, AND PENALTIES. Obstruction of highway, etc. Chapter twenty-six of Revised Statutes of 1846. (1289.) SECTION 1. Whoever shall willfully obstruct any highway or navigable river, or fill up or place any obstructions in any ditch constructed for draining the water from any highway, shall forfeit, for every such offense, a sum not exceeding twenty-five dolHow recovered, lars, to be recovered in an action of trespass before any justice of Forfeiture. 4 Hill, 215. the peace of the county; or the collection of such penalty may be 15 Mich. 54. made in accordance with any other law for that purpose, in case 5 Denio, 213. the said action of trespass shall not have been commenced: Pro- Proviso. vided, That this section shall not be so construed as to forbid the running or rafting of logs or lumber in the navigable streams of this State." to order enhighways re (1290.) SEC. 2. In every case where a highway shall have been Commissioners laid out and opened, and the same has been or shall be encroached croachments on upon by any fence, building, or other encroachments, the commis- moved. sioners of highways may make an order under their hands, requiring the occupant of the land through or by which such highway runs, and of which such fence, buildings, or other encroachments form a part of the enclosure, to remove such encroachments beyond the limits of such highway within thirty days; and they Notice of order. shall cause a copy of such order to be served upon such occupant ; and every such order shall specify the width of the road, the extent of the encroachment, and the place or places in which the same shall be, with reasonable certainty.' compliance. (1291.) SEC. 3. If such encroachment shall not be removed Penalty for nonwithin thirty days after the service of a copy of such order, such occupant shall forfeit the sum of fifty cents for every day after the expiration of that time during which such encroachment shall continue unremoved, to be recovered in an action of trespass before How recovered. any justice of the peace of the county; or the collection of such penalty may be made in accordance with any other laws for that purpose, in case the said action of trespass shall not have been commenced.1 case encroach (1292.) SEC. 4. If the occupant upon whom a copy of such order Proceedings in shall be served shall deny such encroachment, the commissioners, ment be denied. or some one of them, shall apply to some justice of the peace of the county for a precept, which shall be issued by such justice, directed to any constable of the county, commanding him to summon six disinterested freeholders thereof, to meet at a certain day and place, and not less than four days after the issuing thereof, to inquire into the premises; and the constable to whom such precept shall be directed shall give at least three days' notice to one of the commissioners of highways of the township, and to the occupant of the land, of the time and place at which such freeholders are to meet. (1293.) SEC. 5. On the day specified in the precept, the jury so Ibid. summoned shall be sworn by such justice well and truly to inquire 1 As amended by Act 115 of the Laws of 1861, p. 158, approved March 11, 1861. Proceedings for removal of obstructions, etc. Penalty. Proviso. Jbid. If no encroachment found, paid by complainant. whether (1294.) SEC. 6. If the jury find that any such encroachment has been made by the occupant of the land, or any former occupant thereof, they shall make and subscribe a certificate, in writing, of the particulars of such encroachment, and by whom made, which shall be filed in the office of the township clerk; and the occupant of the land, whether such encroachment shall have been made by him or by any former occupant, shall remove the same within thirty days after the filing of such certificate, under the penalty of one dollar for each day after the expiration of that time during which such encroachments remain unremoved, and if not removed within the thirty days as herein provided, the commissioners may remove the same at the expense of the occupant of the land, to be collected in the same manner as is provided in section seven of this chapter for the collection of costs: Provided, That said encroachments shall not be required to be removed, nor penalty collected for said encroachment, if the same be by fence or fences for the protection of hedge or hedges, unless the road be so fenced up as to render it less than two rods wide.1 (1295.) SEC. 7. If the jury find that any such encroachment has been made as aforesaid, the occupant shall pay the costs of such inquiry, and if the same shall not be paid in ten days, the justice shall issue a warrant for the collection thereof, directed to any constable of the county, commanding him to levy such costs, and his fees thereon, of the goods and chattels of such delinquent, and make return thereof to such justice within thirty days from its date; and the justice, constables, jurors, and witnesses shall be entitled to the same compensation as for other similar services in proceedings before justices of the peace. (1296.) SEC. 8. If the jury find that no encroachment has been damages to be made, they shall so certify, and shall also ascertain and certify the damages which the then occupant shall have sustained by such proceeding; which damages, together with the costs of the proceedings, shall be paid by the complainant. 1 As amended by Act 119 of the Laws of 1871, p. 189, approved April 13, 1871. |