the receding section, he shall designate the persons named therein, from whom taxes are due in money, and he shall indorse, over his signature, on such tax list, in substance, as follows: "I her by authorize A. B. (naming the constable,) to collect the unpaid taxes due in money on the within tax list. Dated

18

ble.

SEC. 38. Every constable who shall receive any such tax list Duty of constato collected, shall, to the best of his ability, collect the sums duc in money on such tax list from the persons who ought to pay the same, and shall, within thirty days from the date of such indorsement on said tax list, return to the said overseer his doing the on, and pay over all moneys so collected to such overseer; and any overseer, if he shall deem it necessary, may once reissue such warrant and tax list, in the manner specified in the preceding sec on, and, when so re-issued, the constable shall proceed thereon s herein above provided.

by overseer, how

So. 39. Moneys collected or received by any overseer of Money collected hig ways on account of highway taxes in his district, shall be expended. fai...fully applied and expended by such overseer in the procuring of hor and in the purchase of implements and materials, as, in the pinion of the overscer, will most benefit the highways and briges in his district. All implements purchased by the oversee shall be carefully preserved by him and his successors, and shall be used only upon the roads and highways and for no other puose; and any person who shall use such implements for any other purpose, shall forfeit and pay the sum of ten dollars for eac offense, one half for the use of the road district to which the im ements belong, and the other half to be paid to the person wh shall sue for the same, to be sued for in the name of the tow ship, before some justice of the peace.

taxes.

SEC. 40. Every overseer of highways shall, on or before the Return of unpaid firs Monday in November in each year, make out and deliver to the township clerk of his township a statement, in writing, containing a description of all the real estate taxed in his tax list, up

which the taxes remain unpaid, together with the amount of ax assessed to each such description of land, and the names of the owners thereof, if known; and he shall make and subsee an affidavit thereon, before some justice of the peace or other person authorized to administer oaths, that the taxes mentic el in such statement remain unpaid. If the said overseer sh.. 1 neglect or refuse to make out and deliver to the township cle k such statement as aforesaid, the supervisors or a majority

compelled to make return, how.

Overseer may be of them shall, upon the application of the township clerk, issue a warrant, under their hands, to any constable of the township, commanding him forthwith to bring such overseer before them to show cause why such statement has not been made as the law requires. The constable's fees for such service shall be paid by such delinquent overseer.

Duty of township clerk.

Duty of township treasurer.

Annual statement of overseer.

Surplus paid over to township treas

urer.

SEC. 41. The township clerk shall, in making out the duplicate assessment roll of the township next thereafter, enter such unpaid taxes therein, opposite to the description of the land upon which the taxes so remain unpaid; and such taxes shall be collected in the same manner as township taxes are collected, and when so collected, shall be paid over, as hereinafter provided, for the use of the district in which they were originally assessed.

SEC. 42. It shall be the duty of each township treasurer, between the fifteenth and thirtieth days of April, in each year, to notify the overseer of highways of every road district in his township, which may be entitled to any moneys in the township treasury, accruing from returned highway taxes in such district, or from any balance received from a former overscer; and the said treasurer shall pay to the order of the overseer of each such road district, all moneys in his hands belonging to such district, for the construction and improvement of roads and bridges therein.

SEC. 43. Every overseer of highways shall, on or before the third Monday in March, in each year, render to the supervisors of the township an account in writing, verified by his affidavit. subscribed thereon, before some person authorized to administer oaths, containing: First, The names [of] all persons assessed to pay a highway tax in his district: Second, The amount of tax collected from each such person, and from other sources, distinguishing the taxes which have been paid in labor, from those which have been paid in money: Third, The amount of moneys received from the township treasurer, on account of returned taxes on real estate, or paid into the township treasury by a former overseer in such district: Fourth, The manner in which all taxes, collected and received by him, have been disbursed, and the particular items of such disbursement: Fifth, A statement of the highway taxes assessed upon real estate in his district, which remain unpaid.

SEC. 44. If, upon rendering such account, any moneys shall remain unexpended in the hands of such overseer, he shall immediately pay over the same to the township treasurer.

urer to sue, when.

SEC. 45. If any overseer shall neglect or refuse to pay over Township treasany money remaining unexpended in his hands, as required in the preceding section, it shall be the duty of the township treasurer, forthwith, to sue for the same, in the name of his office, in an action for money had and received to the use of such treasurer, which money, when collected, shall be applied as provided in the forty-sixth section.

Of laying out, altering and discontinuing Highways.

tering highways.

SEC. 46. Whenever any six or more freeholders, residing in Laying out or alany township, shall wish to have a highway laid out, altered or discontinued in such township, they may make application, in writing, to the supervisors of the township in which they reside, for that purpose, and the said supervisors shall proceed to lay out, alter or discontinue such highway, if, in their opinion, the public good will thereby be promoted.

Where highway

out.

SEC. 47. No public or private road shall be laid out through shall not be laid any orchard or garden, without the consent of the owner thereof, if such orchard has been set out two years or more, or if such garden has been cultivated as such, for two years or more; nor shall any such road be laid out through any buildings, or any fixtures or erectures for the purpose of trade or manufactures, or any yards or inclosures necessary to the use and enjoyment thereof, without the consent of the owner.

SEC. 48. Whenever any highway shall be laid out through any inclosed, improved or cultivated lands, without the consent of the owner thereof, the damage, if any, sustained by such owner, in the opening of such highway, shall be appraised and awarded as hereinafter provided.

Damages.

highways, pro

SEC. 49. Upon application made to the supervisors for laying Discontinuing of out, altering or discontinuing any highway, they shall make out ecedings." a notice and fix therein a time and place at which they will meet and decide upon such application; and the applicant shall, at least five days previous to such time, cause such notice to be given to all the occupants of the lands through which such highway may pass, which notice shall be served personally, or by copy left with or at the usual place of abode of each occupant of such lands; and such notice shall also be posted up in three public places in said township, at least ten days before the time of such meeting of the supervisors. Every such notice shall specify, as near as practicable, the highway proposed to be laid out, altered or discontinued, and the several tracts of lands through which the same may pass.

Duty of supervi

sors.

Survey.

Damares deter

mined by agree

ment.

When not agreed, may call jury.

Persons applying for a jury to give bond.

SEC. 59. The supervisors, upon being satisfied that the notes, required in the preceding section, have been duly given, pro of which may be shown, by affidavit or otherwise, as they may require, shall proceed to examine, personally, such highway and shall hear any reasons that may be offered for or against laying out, altering or discontinuing the same, and shall decide on the application as they shall deem proper.

SEC. 51. Whenever the supervisors shall lay out, alter o liscontinue any highway, they shall cause an accurate survey thereof to be made when necessary, and they shall make out a escription of the highway so laid out, altered or discontinued and incorporate the same in an order, to be signed by them, and all cause order to be filed and recorded in the office of the tow hip clerk, who shall note the time of recording the same in the record.

Szc. 52. Upon the laying out or altering of any highwa,, if damages shall be claimed therefor by any owner through whose land the same shall be laid, the amount of such damages m be determined by agreement between the supervisors and such o er. Every such agreement shall be reduced to writing and sign by such owner and the supervisors, and filed in the township ck's office; and every such agreement, and every release of dan ges given, shall forever preclude such owner from all further aim for damages.

if

SEC. 53. If any owner of lands, through which a hig vay shall be laid out or altered by the supervisors, shall not be isfied with the sum offered for damages by such supervisors., no sum be offered, he may, within thirty days thereafter, ply to the justice of the peace of the same or an adjoining towns ip, for a jury to assess and appraise such damages, which applica shall be in writing, describing the premises; and any num of persons claiming damages on account of such highway, ma join in such application; the supervisors of such township shali ave at least six days' notice of the time and place of such meet g SEO. 54. Any person applying for a jury, as mentioned the preceding section, shall, by himself or agent, execute to toe supervisors of the township, and file with the justice a bond with one or more sureties, to be approved by such justice, conditioned to pay all costs arising from such appeal and appraiseme of damages Provided, Such jury shall not award a larger an unt of damages than were offered by the supervisors of the town ip; or, in case the supervisors shall not have made any offer of m

ages, then conditioned to pay all such costs, if the jury shall not award any damages.

moned.

SEC. 55. Upon the filing of such bond, the justice shall issue Jury of five suma precept to some constable of an adjoining township, neither interested nor of kin to any person through whose land such road is laid, directing him to summon five disinterested freeholders of his township, not of kin to the owner or occupant of such land, to meet at a time and place to be specified in such precept, to appraise the damages sustained by the laying out or altering of such highway.

SEC. 56. At the time and place appointed for the appearing Jury proceedings. of such a jury, they shall be sworn by the justice, justly and impartially to make such appraisal, and shall proceed to view such highway, and hear the statements and proofs of the parties, if they deem necessary; and they shall make return of their appraisal to the justice, which shall be certified by such justice, and filed with the township clerk; and, if the amount of the appraisal by such jury shall exceed the amount offered by the supervisors, or in case no sum shall have been offered by the supervisors, then, if the jury award any damages, the costs and expenses shall be paid by the township; but, if the jury shall not award any dam- costs. ages, or more than was offered, the costs and expenses shall be paid by the applicant.

SEC. 57. Each person, duly summoned, who shall attend as a Jurors's fees. juror, shall be allowed six cents a mile for each mile necessarily traveled from his place of abode to the place of meeting, and fifty cents for his services on such jury, and the justice shall be entitled to one dollar for his fees.

collected by tax.

SEC. 58. All damages consequent upon laying out or altering Damages to be any highway, as finally settled upon, pursuant to the provisions of this chapter, and all lawful charges against a township for the services of any jury in the assessment of damages, or for the fees of any justice or constable provided for in this chapter, or for the services of any commissioners appointed in the manner herein provided, shall be laid before the township board to be audited, and the amount allowed shall be levied and collected in the same manner as other township charges.

township line.

SEC. 59. Whenever it shall be deemed necessary to lay out a Highway upon highway upon the line between two townships, such highway shall be laid by the supervisors of each of said townships, either upon said 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 may deem necessary.