paid by them, and the manner in which the moneys arising from judgments and commutations have been expended by him:

5. A list of all the non-resident lands in his district upon which the labor has been performed or commuted for:

TITLE VI. CHAPTER 25.

over moneys in

SEC. 18. Every such overseer shall, immediately upon the render- Overseers to pay ing of such account, pay over to the township treasurer all moneys their hands, &c. collected by him for judgments and commutations, and remaining unexpended, to be applied by the commissioners in the construction and improvement of roads and bridges in the road district of the overseer who paid over the same.

treasurer sue

SEC. 19. If any overseer shall neglect or refuse to pay over any When township moneys remaining unexpended in his hands, as required by the pre- torneys, &c. ceding section, it shall be the duty of the township treasurer forthwith to sue for the same in his name of office, in an action for money had and received to the use of such treasurer, which moneys, when collected, shall be applied as provided in the preceding section.

SEC. 20. No money shall be drawn by the commissioners of high- Highway moneys ways from the township treasury, in payment of any labor, contract, how drawn. or materials furnished, except by an order signed by a majority of them, and accompanied by their certificate that the labor has been ac

tually performed, or the contract fulfilled, or materials furnished, for 1841, p. 159, § 5 which the amount of such warrant is to apply in payment.

&c.

SEC. 21. Whenever the commissioners of highways shall determine Lettting of conto appropriate any portion of the moneys accruing to their township tracts for repairs, on account of non-resident highway taxes, in the repairing or construction of roads or bridges therein, they shall contract at public auction, with the lowest bidder giving good and sufficient security, for the performance thereof; and not less than ten days notice shall be given by said commissioners, of the time and place of letting such 1841, p. 159, § 6. contracts, by posting up such notice in at least three of the most public places in their township..

CHAPTER 25.

OF LAYING OUT, ALTERING AND DISCONTINUING PUBLIC ROADS.

order, &c.

SECTION 1. Whenever the commissioners of highways shall lay out, Survey of road, alter or discontinue any road, they shall cause an accurate survey to be made of such road, and shall incorporate such survey in au order to be signed by them, and shall cause such order to be filed and recorded in the office of the township clerk, who shall note the time of recording the same upon the record.

be posted.

SEC. 2. It shall be the duty of the township clerk, whenever any Copy of order to order of the commissioners for laying out, altering or discontinuing any road shall be received by him, forthwith to post a copy of such order on the outer door of the house or building where the township meeting is usually held, or if there be no such house or building, then in one of the most public places in the township; and the time hereinafter limited for appealing from any such order, shall be computed from the time of posting up the same, after notice given as provided in the fifth section.

Application for laying out road,

&c.

Notice of meet

sioners.

SEC. 3. No public or private road shall be laid out through any orchard or garden without the consent of the owner thereof, if such orchard have been set out four years or more, or if such garden have been cultivated as such four years or more; nor shall any such road be laid out through any buildings, or any fixtures or erections for the purposes of trade or manufactures, or any yards or enclosures necessary to the use and enjoyment thereof, without the consent of the

owner.

SEC. 4. Whenever any three or more persons in any township, liable to be assessed for highway labor, shall wish to have a highway in such township, laid out, altered or discontinued, 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, alter or discontinue any such highway, whenever, in their judgment, the public good will thereby be promoted.

SEC. 5. The applicants shall cause at least ten days' notice in wriing of commis- ting to be given to all persons owning or interested in any of the lands through which the highway may pass, of the time when the commissioners will meet to lay out, alter or discontinue any road; which notice shall be served personally, or by copy left with, or at the residence of, the owner or occupant; and in case the owner is not a resident of the township, and the lands are unoccupied, such notice shall be posted up at least ten days before the time of meeting, in three of the most public places in the township.

Commissioners may adjust damages.

Agreement to be filed-its effect.

When application may be made for ap

SEC. 6. Upon the laying out or altering any such highway, if damages shall be claimed therefor by any person through whose lands the same shall be laid, the commissioners may, in their discretion, adjust and settle the same with any such claimant: Provided, the damages thus allowed by the commissioners shall not, in the aggregate, exceed twenty-five dollars upon any one road.

SEC. 7. If the commissioners shall agree with any claimant as to the amount of damages, such agreement shall be reduced to writing and signed by such person and the said commissioners, and filed in the township clerk's office, and shall forever preclude such person from any further claim for such damages; and such person shall be entitled to an order from the township board upon the treasurer of the township, for the amount of damages specified in such agreement.

SEC. 8. If any person interested in lands through which a highway shall be laid out or altered by the commissioners, shall not be satisfied with pointment of ap the sum offered, or if no sum be offered, he may, within sixty days praisers. after the highway shall be opened to be worked, and not after, apply to a justice of the peace of the same or an adjoining township, for the appointment of appraisers to appraise such damages, which application shall be in writing, describing the premises; and any number of persons claiming damages on acoount of such highway, may join in such application; but such application shall not delay the opening of the highway.

Appointment of appraisers.

SEC. 9. On the receipt of such application, the justice shall appoint a time and place for that purpose, and shall issue a citation or notice, stating the time and place of hearing, which shall be served on one or more of the commissioners, at least six days before such time; and if the parties shall not agree to any other mode of appointing such appraisers, they shall be appointed in the following manner: the justice may make a list of eighteen disinterested freeholders of the county;

TITLE VI.

CHAPTER 25.

praisers.

each party may object to six on the list, and out of the number not objected to, the justice shall, by lot, select three for the appraisers. SEC. 10. The justice shall then annex to the application a warrant Warrant to ap under his hand, and issue thesame to the appraisers so elected, directing them justly and impartially to appraise the damages sustained by the applicant in the premises described in the application, and to make return of their doings to such justice within thirty days after the date of such warrant.

SEC. 11. The appraisers shall be sworn justly and impartially to proceedings of make the appraisal, and shall give notice to one or more of the com- appraisers, &c. missioners, at least four days before the time appointed for that purpose; and shall, at the time appointed, proceed to view the premises and make the appraisal, and shall make their return thereof to the justice, as directed in the warrant, with a statement of their time and expenses, which shall be certified by the justice and filed with the township clerk; and if the amount of the appraisal shall be more than was offered by the commissioners, the costs and expenses shall be paid by the township; if not more than was offered, the costs and expenses shall be paid by the applicant.

ges to be levied,

jus- &c.

SEC. 12. Such appraisers shall be entitled to receive one dollar per Costs and damaday and fifty cents for half a day each for their services, and the tice shall be entitled to one dollar for his fees; and the damages consequent upon laying out or altering any highway, as finally settled, and all the lawful charges against the township for services, fees and expenses in settling such damages, shall be levied and collected in the township within which such highway is situated, and shall be paid by the township treasurer, upon the order of the township board, as other township charges.

case of disagree

SEC. 13. Whenever the commissioners of highways in one town- Proceedings in ship, shall disagree with the commissioners of any adjoining township, ment between whether in the same or another county, in relation to the laying out commissioners of adjoining of a new road, or the alteration of an old road, extending into both townships. townships, the commissioners of both townships, or a majority of them, shall meet together, at the request of the commissioners of either township, and make their determination upon such subject of disagreement.

Highways on the

SEC. 14. Whenever it shall become necessary to have a highway upon the line between two townships, such highway shall be laid by lines of towntwo or more of the commissioners of highways of each of said town- ships. ships, either upon such line, or as near thereto as the situation of the ground will admit; and they may vary the same either to the one side or the other of such line, as they shall deem necessary.

SEC. 15. The commissioners of highways of such adjoining town- Apportionment ships, upon laying out a highway upon the line thereof, shall deter- of damages, &c. mine what part of such highway shall be made and repaired by such (each) township, and what share of the damages shall be paid by each.

commissioners.

SEC. 16. The commissioners of highways of such adjoining town- Proceedings of ships shall proceed in all things, as is required of the commissioners of highways of one township, in laying out highways in such township; and their proceedings, or a duplicate thereof, shall be returned to the township clerk of each township, and their order, including the survey, shall be recorded in each township clerk's office; and each township shall have all the rights, and be subject to all the liabilities,

TITLE VI. CHAPTER 25.

Highways laid on the lines be

in relation to the part of such highway to be made and repaired by such township, as if the same was located wholly in such township.

SEC. 17. All highways heretofore laid out upon the line between tween townships any two townships, shall be divided, allotted, recorded, and kept in repair, in the manner above directed.

Width of roads.

Appeal from determination of commissioners,'

&c.

Appeal from de

commissioners of adjoining townships.

SEC. 18. Public roads to be laid out by the commissioners of highways, shall not be less than four rods wide.

SEC. 19. Any person who shall conceive himself aggrieved by any determination of the commissioners of highways of any township, either in laying out, altering or discontinuing, or in refusing to lay out, alter or discontinue any road, may, within twenty days after such determination, appeal to the township board of such township; but an appeal by one person, shall not conclude nor affect the rights of any other person who shall appeal within the time limited; and the said township board shall suspend all proceedings upon appeals received by them from any such determination, until the time limited for such appeals shall have expired, to the end that their decision, when made, may embrace the whole subject.

SEC. 20. In case of an appeal from the determination of commistermination of sioners of highways of adjoining townships in the same county, or in different counties, relating to a road upon the line of such township, such appeal may be made to the township board (boards) of the said adjoining township, (townships) who shall act jointly in deciding upon the determination of the said commissioners: provided, that any commissioner who may be a member of the township board, shall not act on such appeal.

Appeal, how made.

Township boards to give notice.

Service of notice.

Decision of appeal.

SEC. 21. Every appeal from a determination of commissioners of highways shall be in writing, addressed to the township board or boards, as the case may be, and signed by the party appealing, and shall briefly state the ground upon which it is made, and whether it is brought to reverse entirely the determination of the commissioners, or only to reverse a part thereof; and in the latter case it shall specify what part.

SEC. 22. It shall be the duty of the township board or boards to whom the appeal is made, as soon as may be after the time limited for taking appeals shall have expired, to give notice to the appellant, and to one or more of the commissioners from whose determination the appeal was taken, of the time when they will proceed to view the premises, and to hear the appeal.

SEC. 23. Every such notice shall be served at least eight days before the time mentioned therein, by delivering a copy of the same to the appellant, and to one of such commissioners, or by leaving a copy thereof at the dwelling house of such appellant and commissioner.

SEC. 24. The said township board or boards shall proceed at the time specified in the notice, to view the premises, and to hear the proofs and allegations of the parties; and they may issue process to compel the attendance of witnesses, and may adjourn from time as may be necessary, and their decision shall be conclusive in the premises; and every such decision shall be reduced to writing, be signed by the township board or boards making the same, and filed by them in the office of the clerk of the proper township, who shall record the same, and give notice thereof to the commissioners of highways; but that nothing herein contained shall be construed to prevent a new application under the provisions of this chapter.

TITLE VI. CHAPTER 25.

SEC. 25. Each member of said board or boards shall be entitled to receive one dollar for each day, and fifty cents for half a day employed in viewing the premises, and in the hearing and decision of such Fees of members appeal, to be paid by the party appealing, when the determination of of board, and by the commissioners shall be affirmed; but when it is reversed, to be a charge against the township.

whom paid.

ceed to lay out

SEC. 26. When any appeal shall have been made from a determi- When commis nation of the commissioners, refusing to lay out, alter or discontinue sioners to proa road, and the decision of the township board or boards shall reverse roads, &c. such determination, the commissioners of highways shall proceed to lay out, alter or discontinue such road, in the same manner, and the proceedings thereon shall be the same, as if they had originally determined to lay out, alter or discontinue such road.

SEC. 27. Whenever a public highway shall have been laid out and Notice to owner &c., of improved established, or altered, through any enclosed or improved lands, the lands to remove commissioners of highways shall give the owner or occupant of the fences. land through which such road shall have been laid out or altered, notice thereof, and require him to remove his fences within such time as they shall deem reasonable, not less than sixty days after giving such notice, and no person shall be required to remove his fences between the first day of April and the first day of November.

shall cease to be

SEC. 28. Every public highway already laid out, no part of which shall have been opened and worked within four years from the time When highway of its being so laid out, and every such highway hereafter to be laid a road. out, no part of which shall be opened and worked within the like period, shall cease to be a road for any purpose whatever.

SEC. 29. All public highways now in use, heretofore laid out and allowed by any law of this state, or of the late territory of Michigan, What highways of which a record shall have been made in the office of the clerk of to be deemed public roads. the county or township; and all roads not recorded, which have been used as public highways twenty years or more, and all roads not recorded, which shall hereafter be used ten years or more, shall be deemed public highways, but may be altered or discontinued according to the provisions of this chapter.

SEC. 30. When any highway shall be discontinued, the same shall belong to the owner or owners of the adjoining lands; if it shall be Lands to revert located between the lands of two or more different owners, it shall be on discontinuannexed to the lots to which it originally belonged, if that can be ascertained; if not, it shall be equally divided between the owners of the lands on each side.

ance of road.

ued hignway to

SEC. 31. If any discontinued highway shall be set to a tract of land through which a new highway shall be laid out, the same may be ta- When discontinken into consideration in estimating the damages sustained by the own- be taken into ac er; and in estimating the damages which may be sustained by any count in estimaperson owning or interested in lands, by reason of laying out or altering any highway, the benefits which such person may receive thereby shall be taken into consideration.

ting damages.