The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1858-03-16
THE HIGHWAY Law.

1886; also, Act SO, entitled An Act to amend
chapter twenty-five Of the Revised Statutes Of
1876, relative 10 laying out, altering. and dis
also, Act No. 72. entitled An Act to amend
chapter twenty five of the Revised Statutes of
1916, approved March Is, ls4s;" and to provide
for altering, laying ont, and Jiscontinuing high
ways, approved February ~, 1857.
Sec. l.. The People of the State of
Michigan enact, That an act entitled an act
to repeal chapter twenty-five of the Re-
vised Statutes of 1916; also, act eighty
eight, entitled An Act to amend chapter
twenty-five of the Revised Statutes of ls-
46, relative to laying out, altering and
disseminating highways, approved March
eighteenth, 1s4s; also, Act No. sevonty-
two, entitled An Act to amend chapter 25
of the Revised Statutes of 1s46, approx
ed March Is, 1s4s, and to provide for al
tering, laying out, and discontinuing high
ways, approved February II, 1857, be so
amended as to read as follows: THAT
whenever any ten or more frce-holders Of
any township shall wish to have highway
in any part Of suoh township not included
village, altered, laid out, 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 alter, lay out, or may
discontinue such highway as hereinafter
directed, Prom;ded, That no second appli-
cation shall be made within twelve months
for the samo purpose. Provided, That
whenever the person or persons through
whose land tho proposed highway is to be
altered or laid out, shall give his or their
consent in writing, according 10 tho pro-
visions of section sovontccn of this act,
and release any claim for damages, the
Commissioner Of Highways shall have pow
er to alter or lay out the proposed high
way without the intervention of Jury or
Commissioners appointed by Court OF
nvOvrd as ,icroinaftc' Prv,idad, and shall
certify their action TO tho township clerk.
Sec. Q. That whenever tho Commission
ers of Highways shall bc applied to as
mentioned in the preceding section, to al
tel or lay out any highway, they, or one
Of them, shall within five days thereafter
make application to Justice of the Peace
Of the same or adjoining township for the
appointment OF a jury of twelve freehold
ers Of the county TO ascertain the necessity
of taking the property described in such
application, and TO appraise the damage
thereon, which application shall be in writ
ing, and describe the premises through
which it is proposed to alter or lay out
such highway.
Sec. 3. Upon the receipt Of such appli,
cation, the Justice shall appoin time and
place fol that purpose, and shall issue ci
tation or notice, stating the object, timo
and place Of such meeting which shall be
sCrveu ny the iIigi"-J ~ -
the owner or occupants Of lands through
which i, is proposed to alter or lay out
such road, at least ten days before such
time; aud IN case any such land is unoccu-
pied, the 70 ice may be served by posting
up the SAM in three public places in the
township, ten days before the time OF
meeting.
Sec. 4. Ii the commissioners, or any
one Of them, and tho owners or occupants
Of such lands, or such rs may be present
cannot agree upon any other mode of ap-
pointing such jurors, they shall be appoint
cd in tho following manner: The Justice
may make a list OF twenty four disintcrest-
ed frecholders residing in the county and
each party. may object to six on the list,
and if either party fail to appear, or refuse
to act, the Justice and the other party, or
the Justice alone, may strike out the names
of twelve, and the remaining twelve shall
be the Jurors selected, and the Justice
may continue tho hearing of the applica-
ton for not less than six or more thar
twelve days
Sec. 5. The Justice shall then annex to
the application Warrant under his hand,
returnable on said adjourned day, an! is
sue tho same, directed to any constable of
the county, commanding him to summons
the said jurors to be aud appear at the
place appointed on the said adjourned day,
to serve as Jurors, TO ascertain the pecessi-
ty of taking certain property for highway
purposes, and to appraise the damage there
on, and if tho Jurors shall not appear the
Justice shall cause sufficient number Of
talesmen to be summoned TO make full
jury. And if said jury shall fail to agree
and return verdict to the Justice within
tho time provided by this act, they shall
be by such Justice discharged, and a now
Jury cmpanneled within twelve days upon
the same application and in tho same man
ner and form as herein provided for en-
panneliGg a Jury.
Sec. 9. The Jurors shall be sworn by
such Justice to ascertain tho necessity Of
taking the property described in the appli-
cation, and justly and impartially to ap'
praise the damage thereon, if any is claim
cd. They shall then proceed to view the
premises described, and shall within FIVE
days thereafter, make returns TO the said
Justice in writing, to be signed by them
Of their doings, which shall state, il such
road be altered or laid out, the necessity
Of taking tho property described in such
application, and the amount Of damage
appraised, il any, to whom payable i
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.
Sec. z. Such Jurors shall be entitled t.
receive one dollar per day, and fifty cent
; foI each half day, and the Justice an(
Constable, each one dollar for their fees
and the damages which shall be assessed