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An Act to Authorise Township Boards to raise Money in certain cases, to defray Township

Expenses.

[Approved March 31, 1849. Laws of 1849, p. 244.]

Township Boards (597.) SECTION 1. Be it enacted by the Senate and House of

to raise money

when Township

glected to do so.

for town purposes Representatives of the State of Michigan, That whenever the Meeting have ne qualified electors of any township, at the annual township meeting, shall neglect or refuse to vote such sum or sums of money as may be necessary to defray the ordinary township expenses, the Township Board of any such township is hereby authorized, at any regular meeting, to vote such sum or sums as may be necessary for that purpose, not exceeding such amounts as are, or may be limited by law.

SEC. 2. This act shall take effect and be in force from and after its passage.

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Disposition of lands on division

apportionment of proceeds.

Chapter Seventeen of Revised Statutes of 1846.

(598.) SECTION 1. When a township seized of lands shall be of Township, and divided into two or more townships, the Township Boards of the several townships constituted by such division, shall meet as soon as may be after the first township meetings subsequently held in such townships, and when so met, shall have power to make such agreement concerning the disposition to be made of such township lands, and the apportionment of the

proceeds in case of a sale thereof, as they shall think equitable, and to take all measures, and execute all conveyances which may be necessary to carry said agreement into effect.

alteration of

(599.) SEC. 2. When a township shall be altered in its limits, Proceedings on by annexing a part of its territory to another township, or Township. townships, the Township Board of the township from which such territory shall be taken, and of the township, or townships, to which the same shall be annexed, shall, as soon as may be after such alteration, meet for the purpose, and possess the powers provided in the preceding section.

is made, lands to

(600.) SEC. 3. If no agreement for the disposition of such If no agreement lands shall be made by the Township Boards within six be sold. months after such alteration or division, then the Township Board of each township in which any portion of such lands shall lie, shall proceed, as soon as may be thereafter, to sell and convey such part of said lands as shall be included within the limits of such township; and the proceeds arising from such sale shall be apportioned between the several townships interested therein, by the Township Boards of all such townships, according to the amount of taxable property in the township divided or altered, as it existed immediately before such division or alteration, to be ascertained by the last assessment roll of such township.

etc.

(601.) SEC. 4. When a township possessed of, or entitled to Moneys, etc., how apportioned money, rights and credits, or other personal estate, shall be in case of division, so divided or altered, such moneys, rights, credits and personal estate, including moneys belonging to the township, in the hands of township officers, shall be apportioned between the townships interested therein, by the Township Boards of such townships, according to the rule of apportionment above prescribed; and they shall meet for that purpose as soon as may be after the first township meetings subsequently held in such townships.

ship Boards, how

(602.) SEC. 5. Whenever a meeting of the Township Boards Meeting of Townof two or more townships shall be required, in order to carry called. into effect the provisions of this chapter, such meeting may be called by either of the Supervisors; but the Supervisor calling the same shall give at least six days' notice in writing to all the other officers, of the time and place at which such meeting is to be held.

preceding Sec

(603.) SEC. 6. The preceding sections of this chapter shall Qualification of not apply to any cemetery or burying grounds belonging to a tions. township; but the same shall belong to the township within

Debts, how apportioned.

which it may be situated, after a division shall have been

made.

(604.) SEC. 7. Debts owing by a township so divided or altered, shall be apportioned in the same manner as the personal property of such township; and each township shall thereafter be charged with, and pay its share of the debts, according to such apportionment.

CHAPTER XIV.

OF FENCES AND FENCE VIEWERS; OF POUNDS, AND THE IMPOUND

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What constitutes

lawful fence.

Chapter Eighteen of Revised Statutes of 1846.

FENCES AND FENCE VIEWERS.

(605.) SECTION 1. All fences four and a half feet high, and in good repair, consisting of rails, timber, boards, or stone walls,

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or any combination thereof, and all brooks, rivers, ponds, creeks, ditches and hedges, or other things which shall be considered equivalent thereto, in the judgment of the Fence Viewers within whose jurisdiction the same may be, shall be deemed legal and sufficient fences.

how maintained.

case of neglect to

(606.) SEC. 2. The respective occupants of lands enclosed Partition fences, with fences, shall keep up and maintain partition fences between their own and the next adjoining enclosures, in equal shares, so long as both parties continue to improve the same. (607.) SEC. 3. In case any party shall neglect to repair or Proceedings in rebuild any partition fence, which of right he ought to main- repair or rebuild. tain, the aggrieved party may complain to two or more Fence Viewers of the township, who, after due notice to each party, shall proceed to examine the same; and if they shall determine that the fence is insufficient, they shall signify the same in writing to the delinquent occupant of the land, and direct him to repair or rebuild the same within such time as they shall judge reasonable; and if such fence shall not be repaired or rebuilt accordingly, it shall be lawful for the complainant to repair or rebuild the same.

plainant for re

(608.) SEC. 4. When any deficient fence, built up or repaired Remedy of Comby any complainant as provided in the preceding section, shall pairs, etc. be adjudged sufficient by two or more of the Fence Viewers, and the value of such repairing or building up, together with their fees, shall be ascertained by a certificate under their hands, the complainant shall have a right to demand, either of the occupant or owner of the land where the fence was deficient, double the sum so ascertained; and in case of neglect or refusal to pay the sum so due, for one month after demand thereof made, the complainant may recover the same, with interest, at one per cent. a month, in an action for money paid, laid out and expended.

troversy, Fence

sign.

(609.) SEC. 5. When any controversy shall arise about the In case of conrights of the respective occupants, in partition fences, or their Viewers' to asobligation to maintain the same, either party may apply to two or more Fence Viewers of the township where the lands lie, who, after due notice to each party, may in writing assign to each his share thereof, and direct the time within which each party shall erect or repair his share of the fence in the manner before provided; which assignment, being recorded in the Township Clerk's office, shall be binding upon the parties, and upon all the succeeding occupants of the lands;

In case of neglect, etc., party

maintaining

double the value.

and they shall be obliged always thereafter to maintain their respective portions of said fence.

(610.) SEC. 6. In case any party shall refuse or neglect to erecting and erect and maintain the part of any fence assigned to him by fence entitled to the Fence Viewers, the same may be erected and maintained by the aggrieved party, in the manner before provided; and he shall be entitled to double the value thereof, ascertained in the manner aforesaid, and to be recovered in like manner.

When occupant to pay for portion

to him.

(611.) SEC. 7. When, in any controversy that may arise of fence assigned between occupants of adjoining lands as to their respective rights in any partition fence, it shall appear to the Fence. Viewers that either of the occupants had, before any complaint made to them, voluntarily erected the whole fence, or more than his just share of the same, or otherwise become proprietor thereof, the other occupant shall pay for so much as may be assigned to him to repair or maintain, the value of which shall be ascertained and recorded in the manner provided in this chapter.

Partition Fences to be kept repaired through the year.

When lands

bounded or divid

and parties dis

may be had.

(612.) SEC. 8. All partition fences shall be kept in good repair throughout the year, unless the occupants of the lands on both sides shall otherwise mutually agree.

(613.) SEC. 9. When lands of different persons, which are ed by river, ete required to be fenced, are bounded upon, or divided by, any agree, Viewers river, brook, pond or creek, which of itself, in the judgment of the Fence Viewers, is not a sufficient fence, and it is, in their opinion, impracticable, without unreasonable expense, for the partition fence to be made in such waters, in the place where the true boundary line is, if in such case the occupant of the land on the one side shall refuse or neglect to join with the occupant of the land on the other side in making a partition fence on the one side or the other, or if such persons shall disagree respecting the same, then two or more Fence Viewers of the township wherein such lands lie, on application to them made, shall forthwith proceed to view such river, brook, pond or creek.

Fence Viewers.

Proceedings of (614.) SEC. 10. If such Fence Viewers shall determine such river, brook, pond or creek in the preceding section mentioned, not to answer the purpose of a sufficient fence, and that it is impracticable, without unreasonable expense, to build a fence on the true boundary line, they shall, after giving notice to the parties, determine how, or on which side thereof the fence shall be set up and maintained, or whether partly

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