[No. 80.] AN ACT to provide for the draining of swamps, marshes and other low lands. wishing to through lands of another to make application to justice of peace. Section 1. Be it enacted by the Senate and House of Representa- Person tives of the State [of] Michigan, That any person owning any open ditch swamp, bog meadow, or other low land, who shall be desirous to drain such land, and who shall deem it necessary, in order thereto, that a ditch or ditches shall be opened through lands belonging to other persons, in case the owners of any such lands shall refuse to permit the opening of such ditch or ditches through the same, may apply to any justice of the peace residing in the township where such land shall lie, for such summons as is herein specified. issue sum mons. Sec. 2. The justice to whom such application shall be made, Justice to shall thereupon issue a summons, directed to the sheriff or any constable of the same county, requiring him to summon twelve reputable freeholders of said county, who are not interested in said lands, nor in any of them, nor in any wise of kin to either of the parties, to be and appear on the premises at a certain time to be specified in such summons, not less than ten nor more than twenty days from the date thereof. The summoners [summons] shall also direct the constable to give at least] six days notice to the owners of such lands of the time at which such jury are to appear. how execu Sec. 3. The officer to whom such summons shall be delivered, Summons, shall execute the same by summoning such jurors, in the same ted. manner and with the like authority as upon venires issued in causes pending before justices of the peace, and shall, in like manner, make return thereof, and of the fact of his having given the [notice] therein required. sworn. Sec. 4. The justice shall attend at the time and place specified Jurors to be in the summons, and if it appear that due notice has been given, as required in the summons, and if twelve freeholders as above specified, shall then and there appear, he shall administer an oath or affirmation to each of them, well and truly to examine and certify in regard to the benefits or damages which will result from the opening of such ditch or ditches. Map to be delivered to Sec. 5. The person applying to have such ditch or ditches jury; jurors opened, shall then deliver to the jury a map of the land through personally to examine premises. Inquisition of jury. Fees. On payment of damages plicant may proceed to open ditch. which the same are to be opened, on which map the plan, length, width and depth of such ditch or ditches, shall be particularly designated. The jury shall personally examine the premises, and hear any reasons that may be urged in regard to the question submitted to them; and they may, if they think proper, vary the plan or dimensions of any ditch so proposed to be opened; but in such case they shall designate on said map the alterations made by them. Sec. 6. If, after taking all the circumstances into consideration, the jury shall be satified that the opening of such ditch or ditches is necessary and proper, they shall so certify by inquisition in writing; and if so satisfied, they shall further certify by such inquisition, that the benefits which will accrue to the owner of the lands from the opening of such ditch or ditches, will or will not be equal to any damages that he will sustain hereby; and if such benefits shall be certified not to be equal to the damages, the jury shall assess the damages which, in their judgment, will be sustained therefrom by such owner, and certify the same in like manner. Every such inquisition shall be signed by all the jurors, and delivered to the justice; and the justice, constable and jurors shall be entitled to receive the same fees for their services, under and by virtue of the provisions of this act, as they are entitled to receive for services in cases tried before justices of the peace. Sec. 7. Upon payment of the damages assessed by the jury, and costs ap- and the costs of such assessment, or if no damages shall have been found by them, upon payment of the costs of the proceedings, and the delivery of the certificate of the jury to the justice, it shall be lawful for the person applying for such summons to enter with his servants, teams, carriages and other necessary implements upon such lands, and then and there cut and open such ditch or ditches as were designated on the said map, according to the plan and dimensions therein specified and adopted by the jury, not deviating materially from such dimensions. Clearing out ditch. Sec. 8. After such ditch or ditches shall have been opened, it shall be lawful for the said applicant, his heirs and assigns, for ever thereafter, from time to time, as it shall become necessary, to enter upon the lands through which such ditch or ditches shall have been opened, for the purpose of clearing out and scouring the same, and then and there to clear out and scour such ditch or ditches in such manner as to preserve the original length, depth and width thereof. or injuring Sec. 9. Any person who shall dam up, obstruct, or in any way Obstructing injure any ditch or ditches so opened, shall be liable to pay to the ditch. person owning or possessing the swamp, bog meadow, or other low land, for the draining of which such ditch or ditches shall have been opened, double the damages that shall be assessed by the jury for such injury; and in case of a second offence by the same person, treble such damages. quisition to township Sec. 10. The justice before whom such proceedings shall be Map and inhad under this act, shall cause the map delivered by the applicant, be filed with and the inquisition of the jury, which he shall certify to have been clerk. taken before him, to be filed in the clerk's office of the township wherein the premises shall be situated, to be kept in the said office as a record of the proceedings between the parties. upou improv. ed lands be tween the first of May and Sept. Sec. 11. No person or persons who may be authorized, under Not to enter the provisions of this act, to enter upon lands for the purpose of cutting such ditch or ditches as aforesaid, shall so enter upon any improved lands between the first day of May and the first day of September: Provided, It shall be competent at all times for such person or persons to enter on such lands for the purpose of removing obstructions in such ditch or ditches. Approved April 18, 1839. [No. 81.] AN ACT to provide for the payment of the expenses of the survey of a railroad from Centreville to Niles. neral to draw therefor. Section 1. Be it enacted by the Senate and House of Represen- Auditor getatives of the State of Michigan, That the auditor general be warrant authorized, and he is hereby directed to audit and draw his warrant on the state treasurer in favor of Levi S. Humphrey, acting commissioner on the southern railroad, for the amount of the expense of the survey of a railroad from Centreville, through Lockport, Geneva and Cassopolis to Niles, made pursuant to a resolution of the legislature, approved the 3d April, 1838; which warrant shall be paid out of any money in the treasury belonging Superintendent of pub lic instruc tion to make loan out of university and school fund. to the internal improvement fund, appropriated or which may be appropriated on the southern railroad. Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 18, 1839. [No. 82.] AN ACT to authorize the loan of a certain sum of money to the White Pigeon beet sugar company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the superintendent of public instruction be and he is hereby authorized to loan to the White Pigeon beet sugar company, of the county of St. Joseph, the sum of five thousand dollars, out of the funds arising from sale of university or school lands, so soon as that amount shall come into his hands that can, in his estimation, be consistently so loaned: Provided, Said company shall secure the payment thereof, and also, the payment of the interest thereon annually, by mortgage on unincumbered improved real estate to double the amount of the sum so to be loaned; which valuation of said land shall be made by said superintendent at the expense of said company: Provided, The said superintendent shall not make the loan provided for in this act, until all other loans previously made shall be provided for, nor so as in any way to lessen the sum or sums to be distributed among the several school districts. Approved April 18, 1839. Preamble. [No. 83.] AN ACT to provide for the apportionment of a fine assessed in Berrien county, amongst the several school districts in said county. Whereas it is provided in the constitution, "That the clear proceeds of all fines assessed in the several counties for any breach of the penal laws, shall be exclusively applied to the support of (school district) libraries:" and whereas it is provided in the re |