Grand River times. [volume] (Grand Haven, Mich.) 1851-18??, 1857-04-22
AN ACT

To repeal Chapter 25 Of the Revised Stat
utes of 1916, also Act ss, entitled an Act
10 amend Chapter 25 Of the Revised Stat
mes of 1916, reldtive TO laying ont, al
tering and discontiauiag highways, dp-
proved March Is, lS4s, also act No. ~,
entitled an act 10 amend Chapter % Of
the Revised Statutes Of ls46, approved
March Is, ls4S, and 10 proyide for alter
ing, laying out, and disseminating high-
a0dys.
Section 1. The people of tie State Of
Michigan enact, That whenever any ten free
holders or more persons in any township lia-
BILE to be assessed for highway labor, shall
wish to have highway i'll such township laid
out, altered or discontinued, they may by
writing, under their hands, make application
to the commissioner of highways of the
township for that purpose, who shall proceed
to lay out, alter, or discontinue such high
ways as hereinafter directed, Provided, that
no second application shall be made within
twelve months for the same purpose.
Sec. 2. Whenever the commissioners of
highways shallbe applied to, as mentioned in
the preceding section, to alter, lay out or dis
continue any highway, they shall cause an ac-
curate survey to be made of such road, and
shall corporate such survey in an order to be
signed by them, and shall cause such order to
be filed in the office of the township clerk,
who shall note upon the order the time of FL
ing the same.
Sec 3. 1t shall be the duty of the town.
ship clerk whenever any order of the COM
missioners for altering, laying out or discon-
tinuing 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 building, then in three public
places in the township.
Sec 4. The commissioners, or one of them,
shall, within five days after recording the
survey order, as provided in the preceding
section, make application to a justice of the
peace of the same or an adjoining township,
for the appointment of a jury of twelve free
holders of the county, to ascertain the neces-
sity of altering or laying out such road, and
to appraise the damage thereon, which appli-
cation shall be in writing, and describe the
premises through which it is proposed to alter
lay out or such highway.
Sec. 5. Upon the receipt of such applica-
ton, the justice shall appoint time and
place for that purpose, and shall issue ci-
tation or notice stating time and place of
meeting, which shall be served by the high
way commissioners on the owners or occu-
pants of lands through which it is proposed to
alter or lay out said road, at least ten days
before such time, and IN case any such land
is unoccupied, the notice may be served by
posting up the same in three public places in
the township, ten days before the time of
meeting
Sec. 6. If the commissioners, or any one
of them, and the owners or occupants of such
lands, orsuch as may be present, cannot agree
upon any other mode of appointing such ju-
rors, they shall be appointed in the following
manner: The justice may make list of
twenty-four disinterested freeholders residing
in the county, and each party may object to
six on the list, and if either party fails to ap-
pear or refuse to act, the justice and the 9TH
er party, or the justice alone, may strike out
the names of twelve, and the remaining
twelve shall be the jurors elected, and the
same justice shall continue the hearing of the
application for not less than fifteen and not
more than twenty days to time and place
certain.
Sec. 7. The justice shall then annex to the
application warrant under his hand, return
able on said adjourned day and issue the
same directed to any constable in the county,
commanding him to summon the said jurors
to be and appear at his office on the said ad-
journed day, to serve as jurors to ascertain
the necessity Of taking certain property for
highway purposes, and to appraise the DANA
ges thereon, and if all the jurors shall not ap-
pear, the justice may summon talesmen to
make full jury.
Sec. 8. The jurors shall be sworn to ascer-
tain the necessity of altering or laying out
the highway described in the application and
to appraise the damage thereon, if any is
claimed. They shall then proceed to view
the premises described, and shall within five
days thereafter, make return to the said JUS
tice, in writing, to be signed by them, of their
doings which shall state the necessity of al
tering or laying out such road, the amount of
damages appraised, to whom payable, if
known, and statement of the time spent by
them for that purpose, which return shall be
certified by such justice and filed in the office
of the township clerk.