two counties, the person so offending may be prosecuted in either of such counties. provisions of (1333.) SEC. 11. Nothing contained in this chapter shall affect Limitation o or impair any right or privilege belonging to any individual, or this chapter corporation, by virtue of any law of this State. deemed public (1334.) SEC. 12. Ferry landings shall be deemed public highways, Ferry landings and may be laid out, constructed, maintained, altered or discon- highways. tinued in the same manner, and shall in all respects be subject to the same regulations, so far as they may be applicable, as other public highways and bridges; and any public highways along the border of or terminating upon the waters of any stream, river, or other body of water across which a ferry is licensed, may be used as a landing for such ferry, subject to such rules and regulations as the authorities having control over highways may be establish; and such use shall be deemed a proper use thereof as a highway.' CHAPTER XXXI. PRIVATE ROADS. An Act to provide for laying out private roads. [Approved February 7, 1855. Took effect May 16, 1855. Laws of 1855, p. 36.] private road. (1335.) SECTION 1. The People of the State of Michigan enact, Application for That whenever application shall be made to the commissioners of highways of any township for a private road, they shall give notice to the owner or occupant of the land over which the road is proposed to be laid out, to meet on a day and at a place certain, for the purpose of aiding in the striking of a jury to determine as to the necessity or propriety of such road; at which time and place the Jury, how sejury shall be selected, in the following manner, to wit: Said com 1 Added by Act 189 of the Laws of 1871, p. 318, approved April 17, 1871. lected and cited. Jury to be sworn Duty of jury. missioners of highways shall direct some disinterested person to write down the names of eighteen disinterested freeholders, from which list the owner or occupant of said land and the applicant for said road shall strike out three names each, and the balance remaining on such list shall form said jury. In case either said owner or occupant, or said applicant, shall refuse to strike, said commissioners shall strike for the party so neglecting or refusing. Said commissioners shall issue a citation to said freeholders to appear before them forthwith, to determine as to the necessity or propriety of such road, and the damages resulting therefrom, in case such road shall be deemed necessary by them. (1336.) SEC. 2. Such freeholders, when met, shall be sworn well and truly to examine in regard to the necessity and propriety of such road, and, in case they shall decide that such road is necessary, to justly and impartially appraise the damages of the owner or owners, or occupant of the land, by reason of laying out such road. (1337.) SEC. 3. If they shall determine that the road so applied for is necessary, they shall make and subscribe a certificate of such determination, and also their appraisal of the damages, and shall deposit the same with the commissioners of highways of the townHow road shall ship; and the said commissioners of highways shall thereupon lay out the road, describing the same particularly by its bounds, courses, and distances, and cause a record thereof to be made in the clerk's office of the proper townships. be laid out. Applicant to pay damages and expenses. (1338.) SEC. 4. The damages of the owner or owners, or occupant of the land through which such road shall be laid, when ascertained as herein before provided, together with expenses of proceedWhen paid, road ings, shall be paid by the person applying for the road; and when such damages and expenses are paid, the commissioners of highways of the township shall proceed to open the road. to be opened. Road to be for use of applicant. (1339.) SEC. 5. Eyery such private road, when so laid out, shall be for the use of such applicant, his heirs and assigns, but not to be converted to any other use or purpose than that of a road: ProWhen owner of vided always, That the owner or occupant of the land through which such road shall be laid out, shall not be prevented making use thereof as a road, if he shall signify his intention of making use of the same to the jury who ascertain the damages sustained by laying out such road, before the appraisal of the damages by them. land may use road. An Act relative to laying out temporary highways. [Approved April 13, 1871. Laws of 1871, p. 183.] to be laid out. (1340.) SECTION 1. The People of the State of Michigan enact, When and how That whenever any two or more owners of any pine or other timbered lands in any township shall wish to have a temporary highway laid out, they may, by writing, under their hands, make application to the commissioners of highways of the township for that purpose, who shall proceed to lay out such temporary highway in all respects as provided by the law in force at the time of said application in relation to laying out other highways, except as hereinafter provided. missioners or jury, and when road shall cease. (1341.) SEC. 2. When any such application shall be made, the Duty of comcommissioners or jury shall proceed to view the premises described in such application, and any such tracts of pine or other timbered land in the vicinity as they may deem necessary, and ascertain and determine the necessity of laying out such highway for the purpose of removing the saw-logs, timber, or lumber from any pine or other timbered lands, and the length of time that such highway will be necessary, and they shall state such time in their proceedings, and at the expiration of said time such highway shall cease. But no such highway shall be laid out along and upon, and so as Exception. to occupy, any road made or caused to be made by the owner of said land, or by any person with the consent of said owner, and used by the person or persons who made the same, unless such owner shall consent thereto in writing. If the owner of the land Owner of land. may designate across which such highway is desired shall appear before the com- route. missioner or jury, at the time and place fixed by them to determine such necessity, and shall designate a route for such highway, which shall be in the opinion of such commissioner or jury reasonably direct and practicable for the purpose desired by such applicants, it shall be the duty of the commissioner or jury, in case they determine such highway to be necessary, to lay the same upon the route designated by such owner. borne by appli (1342) SEC. 3: All the expenses of laying out, and all damages Expenses, etc., awarded for the taking of lands for such highway, shall be paid cants. by the persons applying for the same. They shall be public highways, but no tax shall be levied or collected for making or opening the same. The persons applying for the same may enter upon, open, and work any such road at any time after it is laid out: Provided, That no trees shall be cut in such highway, except such as shall be necessary to make a track or tracks. Notice of meeting of commissioners. (1343.) SEC. 4. In case any tract of land across which such road shall be laid out shall be unoccupied, it shall not be necessary to serve the notice of the meeting of commissioners personally or by leaving the same at the residence of the owner, but it shall be sufficient to post the same in three public places in the township ten days before the time of meeting. An Act to provide for the recording of town plats, and for vacating the same in certain cases. 1 [Approved April 19, 1839. Took effect May 19, 1839. Laws of 1839, p. 162.] corded. (1344.) SECTION 1. Be it enacted by the Senate and House of Rep- Plat to be reresentatives of the State of Michigan, Whenever any town, city, 2 Doug. 256. village, or additions thereto, shall be hereafter laid out within this State, the proprietors of such town, city, village, or additions thereto, shall cause a true map or plat thereof to be made by a civil engineer or surveyor, and acknowledged by them before any justice of the peace or notary public in the county, and to be recorded in the county where the land lies, with the register of deeds, before any lot or lots therein be offered for sale; and if any Penalty. person or persons shall sell, or offer for sale, any lot or lots, within such town, city, village, .or addition thereto, before the same be recorded as aforesaid, such person or persons shall forfeit and pay a sum of ten dollars for the use of the town, city, or village so platted, or to which the addition shall be made, for every lot so sold. 2 clearly defined, (1345.) SEC. 2. That such maps or plats as are by this act Boundaries required to be recorded, shall particularly set forth and describe 2 Doug. 256, such portion of the government survey as is intended to be platted; 1 For prior laws on this subject, see the Act of March 12, 1821 (Code of 1820, p. 894), and the Act of March 12, 1827 (Revision of 1827, p. 278). As amended by Act 35 of the Laws of 1859, p. 83, approved January 29, 1859. |