count to Town

(993.) SEC. 3. The Commissioners of Highways of each To render aetownship shall render to the Township Board, at the annual ship Board. meeting of such board in each year, an account in writing: stating,

1. The labor assessed and performed in their township; 2. The sums paid for delinquencies and commutations, and other moneys received by them, and the application thereof;

3. The improvements which have been made on the roads and bridges in their township during the year preceding such report, and the condition of such roads and bridges: and

4. The improvements necessary to be made on the same, and an estimate of the probable expense thereof beyond what the labor to be assessed in that year will accomplish.

presented at

ing; Moneys may

lected.

(994.) SEC. 4. The Township Board shall cause such state-Statement to be ment to be presented at the then next annual township meet-Township Meeting, and such meeting may vote for the raising of such sum, be voted and colnot exceeding two hundred and fifty dollars in any one year, for the improvement of the roads and bridges within the township, as a majority of the electors present shall deem necessary; and the sum so voted shall be levied and collected in the same manner as other township expenses.

(995.) SEC. 5. It shall be the duty of the Overseers of High- Duties of Over

ways:

1. To repair and keep in order the highways, within the several districts for which they shall have been elected or appointed respectively;

2. To warn all persons assessed to work on the highways in their respective districts to come and work on such highways according to law;

3. To cause the noxious weeds within the limits of the highways in their respective districts to be cut down or destroyed twice in each year, once before the first day of July, anda gain before the first day of September; and the requisite labor shall be considered highway work: and,

4. To collect all sums due for delinquencies and commutation money, and to execute all lawful orders of the Commissioners of Highways.

seers.

stones.

(996.) SEC. 6. It shall also be the duty of the Overseers of To remove loose Highways, once in every month, from the first day of April to the first day of December, to cause all the loose stones lying on the beaten track of every road within their respective districts, to be removed.

When Assess

ments to be collected.

Guide posts.

Ploughs.

(997.) SEC. 7. Two-thirds of the assessment of highway taxes shall be collected from all the resident inhabitants in each district, before the first day of July, and all the remainder of said assessment in the discretion of the Overseer.

(998.) SEC. 8. The Commissioners of Highways of each township shall cause guide posts, with proper inscriptions and devices thereon, to be erected and kept in repair at the intersection of all post roads in their township, and at the intersection of such other roads therein as they may deem

necessary.

Scrapers and (999.) SEC. 9. Any Overseer of Highways may procure a good and sufficient iron or steel shod scraper, and a suitable plough, or either of them, for the use of his road district, to be paid for with moneys arising from commutations, delinquencies, or non-resident highway taxes within such district. (a)

(1000.) SEC. 10. If any Overseer shall be employed more days in executing the several duties enjoined upon him by this chapter, than he is assessed to work on the Highways, he shall be paid for the excess at the rate of seventy-five cents per day, and be allowed to retain the same out of any moneys that may come into his hands for delinquencies or commutations, under this chapter; but he shall not be allowed to commute for the days he is assessed.

(1001.) SEC. 11. If any person chosen to the office of Overseer of Highways shall refuse to serve, or if his office shall become vacant, the Commissioners of Highways shall, by warrant under their hands, appoint some other person in his stead; and the Overseers so appointed shall have the same powers, be subject to the same orders, and liable to the same penalties, as Overseers chosen in township meetings.

(1002.) SEC. 12. The Commissioners of Highways, making such appointment, shall cause such warrant to be filed in the office of the Township Clerk, who shall forthwith give notice thereof to the person appointed, which person shall give written notice of his acceptance to such clerk, within ten days after receiving notice of his appointment.

(1003.) SEC. 13. Every Overseer of Highways, who shall refuse or neglect to perform any of the duties required of him by law, or which may be lawfully enjoined on him by the

(a) As Amended by Act 51 of 1848. Laws of 1848, p. 49.

sioners to prose

liable.

Overseer

Commissioners of Highways of his township, and for the omission of which a penalty is not hereinafter provided, shall, for any such neglect or refusal, forfeit the sum of ten dollars. (1004.) SEC. 14. It shall be the duty of the Commissioners When Commis of Highways of each township, whenever any person resident cute for penalty. in their township shall make complaint that any Overseer of Highways in such township has refused or neglected to perform any of the duties required of him by law, or shall give, or offer to such Commissioners sufficient security to indemnify them against the costs which may be incurred in prosecuting for the penalty annexed to such refusal or neglect, forthwith to prosecute such Overseer in the name of the People of this State, for the recovery of such penalty. If any Overseer of Highways shall neglect or refuse to warn When the residents in his district, liable to do work on the highways, to do such work as the law requires, and his warrant directs, such Overseer shall be liable to pay for all the work not so done or commuted for, at the rate of sixty-two and a half cents per day; and it shall be the duty of the Commissioners of Highways in each township to prosecute any Overseer who may so neglect, or refuse to do his duty, before any Justice of the Peace, or any other Court of competent jurisdiction, and collect of him what he may be liable to pay under the provisions of this act, unless such Overseer shall show satisfactory cause to such Justice of the Peace, or such Court, why he should not pay the same: Provided, That in all cases where judgment shall be recovered against any such Overseer, under the provisions of this section, such Overseer shall not be further liable to an action for the penalty incurred by such neglect or refusal. (b)

An Act to Authorize the Perfecting of the Records of Public Highways, and for other purposes.

[Approved March 28, 1849. Laws of 1849, p. 176.]

way Records to Township Clerk.

(105.) SECTION 1. Be it enacted by the Senate and House of Defective HighRepresentatives of the State of Michigan, That the clerk of be transcribed by any township where the records of highways, filed and recorded prior to the first day of January, eighteen hundred and fortyseven, may be found defective, may, and he is hereby authorized to transcribe the legal survey bill of every such road, having

(b) As Amended by Act 69 of 1848. Laws of 1848, p. 71.

How Clerk to transcribe the

same.

When transcribed, Commission

office of Township Clerk.

thereon the signature of the Surveyor who made the survey, and the names of the Highway Commissioners of the township for the time being, or a majority of them.

(1006.) SEC. 2. The clerk in transcribing, where characters, initials, sings and figures are used in the survey bills herein required to be transcribed, shall write the same in words at full length, but the names of the Highway Commissioners, where there is no order establishing the survey as a public highway, shall be omitted.

(1007.) SEC. 3. Where the clerk of any township shall have ers to meet at transcribed the survey bills of his township, according to the provisions of the preceding sections of this act, it shall be his duty to give notice thereof to the Commissioners of Highways of his township, and it shall be the duty of said Commissioners, or a majority of them, within ten days after the receipt of such notice, to meet at the office of such Township Clerk.

Commissioners to establish as Highways such

the public inter

(1008.) SEC. 4. When so met, it shall be the duty of said of the Roads as Commissioners, and they are hereby authorized to affix their eat may require. order and determination, establishing as public highways so many roads as there are survey bills transcribed according to the provisions of this act, or so many thereof as, in their opinion, the public interest may require: Provided, That nothing herein shall be construed as authorizing the Commissioners of Highways to establish by their order, or in any manner to affect the record of any road, except such as was surveyed, opened and traveled as late as January first, eighteen hundred and forty-nine.

Determination of Commissioners to be recorded.

Effect of corrected Record.

(1009.) SEC. 5. The said Commissioners, after having made their order upon the corrected copies of the survey bills, as prescribed in the last preceding section of this act, shall deliver the same to the Township Clerk, whose duty it shall be to cause the same to be filed and recorded, as provided in chapter twenty-five, section one, of the Revised Statutes of eighteen hundred and forty-six.

(1010.) SEC. 6. The corrected copy of the survey bill of any township road, filed and recorded in pursuance of the provisions of the last preceding section, shall be denominated the corrected record of highways of said township, and as such, shall be deemed of the same force and effect that they would have had in law had they been made perfect at the time the surveys were taken.

SEC. 7. This act shall be in force from and after its passage.

An Act Relative to the Streets of Recorded, but Unincorporated Village Plats.

[Approved March 6, 1844. Laws of 1844, p. 28.]

of unincorporat

under care of

Highways.

(1011.) SECTION 1. Be it enacted by the Senate and House of Streets on Plats Representatives of the State of Michigan, That such Streets of ed Villages, to be Recorded, but unincorporated Village Plats, as the Commis- Overseers of sioners of Highways shall deem to be required for public highways, shall be included in the several road districts of the respective townships in which they are situated, and shall be subject to the care and superintendence of the Commissioners and Overseers of Highways relative to repairs, and in like 16 Barb. S. C. R. manner as other highways are now by law provided for. SEC. 2. This act shall take effect and be in force from and after its passage.

251.

An Act Relative to State Roads.

[Approved March 28, 1836. Laws of 1836, p. 102.]

in charge of Com

Highways.

(1012.) SECTION 1. Be it enacted by the Senate and House of State Roads to be Representatives of the State of Michigan, That all State Roads missioners of which are now, or hereafter may be laid out in this State, shall be under the care of the Commissioners of Highways of the several townships through which the same shall pass, and subject to be by them opened and kept in repair, in the same manner as Township Roads may be by them opened and kept in repair.