The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1859-03-22
NO. 648.

erOtfous, uubDereus 10 tper0 alo uoc0 70
be drained or benefited by such waaer.
course and ditch; end shall attach thereto
their official certificate showing the COM
mencement and termination Of the same.
from the nearest section corner or Quayter
post, or other perns pept boundary, and the
intermediato courses and distances and di.
mensions thereof; and IN caSe the ownen
of land through which the same located
shall not release all claim for damages on
account of locating and opening the same.
tho said commissioners shall make list Of
twenty-four disinterested free holders of
said county, residing in the vicinity Of such
property, from which said commissioners
shall strike of tie names Of six, and the
persons claiming damage six; and Il no
such persons appear, ct appearing refuse o.
neglect TO act then said commissioner
sball striko Of other six, and the remaip-
ing twelve shall Be the juron siected; md
said commsioros shall at once issue vsn,
ire. signed by them, directed TO the sheriff
or any constable Of said county command.
ing hiu 10 summons said jurors, namiug
thcm, to be and appear before bin forth
with, and at such other time as they shall
direct, not more than three days from taa
date Of said vcnire, to servo "a iurors 10
ascertain the necessity Of taking certain
property for the purpose Of said ditch or
water recourse, and to appriss the damage
thereon; and If all said jnron shall nos
appear, the said sheriff or constable sum.
mons talesmen to make full jury. The
said Jurors shall be sworn by said commis-
sloners, or one Of them, to ascertain the
necessity Of Locating fnd opening such
ditch or water course described in said cer-
ttics.e, and to apprize the just oompensa.
tiou thereof, and damages iher,on II any.
The said jry shall take said map and osr.
ti6cate Of said commissioners, and after
viewing the premises described there.n.
they st all make return to said commission.
cr in writing, signed by them, Of their do.
ings, which shall state the necessity ofsuch
wateT-coarso or ditch, and the amount Of
compensation or damage appraised, if any.
to all porsons ipjuriously affected or dam
aged By said ditch or water-course, and %
whom payable, which veniro and return of
said jury shall be filed in tho Office Of the
clerk of said township or townships, and ID
case the jury cannot agree, another may
lie chosen and sworn in like manner Of,
the same or some other day, to be appoin.
ted by said commissioners, who shall act
and make rcturn as aforesaid, and success
sve jurors may be chosen, sworn and act
az aforesaid until they shall agree, If the
parties interested desire it. or said COM
missioue's may then or in the arst in
'lanee, apply TO the probate court for their
county for the appointment Ct three COM
nissioners TO act in place Of said inry,
who shall take the sane oath Of said ju.
rors, and shall perform the same dutie,
prescribed above for said jury, and the Ger.
ti6cate Of tteir appointment by said pro,
bate court with their return shall be fled
in tho town clerks Office in same as return
Of the jury; Provided, That if said jury OF
commissioners shall certify that said water.
course or ditch is not necessary, all further
action in that case shall be suspended foy
SIX months; at the expiration Of which
time another jury or set Of commissioners
may be called or appointed as aforesaid, II
the parties interested desire it, and 10 case
such jury or commissioners agree and
make return as aforesaid, the commission.
ers Of highways shall proceed as asors-
said.
Sec. Q. II the jury OF said commission
cTa Of apprzal so appointed, shall return
that said water course or ditch is necessary,
and shall award the compensation or dam,
age as aforesaid the said commissioners Of
highways shall, as SOON thereafter a. may
be, proceed TO apportion the labor, costa
and expenses Of opening and maintaining
said ditch or water course, among the sew
eral perAons interested therein, and upon
tho lands drained and benefited thereby.
in auch amount and proportion, as they
shall deem just aud right, and shall cause
a rneasurment to be made ofsuch portion
thereof as they shall award to each person
or tract of land and cause stake or mouu-
ment to be placed at each boundary line,
aud numbcr the came, to correspond with
tho said number on said map and certif-
cate for the benefit Of those interested, and
shall officially certify tho number Of each
person or tract Of land; which certificate,
together with said map and certificate and
location and dimensions, and other papers
IN the case shall be fled in the Office Of
the clerk of tho township or townships in
which the same are located, to be preserv-
ed, rs the records Of SUCH townships for the
benefit Of those intercsted; and such n
ward and apportionment Of labor a. afors.
said, by said commissioners of highways
when daily filed ss aforesaid, shall thence.
forth be an obligation against such owner
Of lands bcnefttei and assessed, and q
lieu upon such tract of land to open and
always maintain such portion OF ditch or
water.coursc in accordance with tho order
Of the commissioners Of highways Of such
townsbips.
SEQ. Z. Said commissioners OF highways,
after having made said appointment and
fled tho certificate thoreof, shall, within .
reasonable time, cause written notice TO
served upon tho persons owning or inter,
es,ed in the land drained and benedttsd
as appoitioned, setting forth the ssction OF
said ditch or water course, he is bound 10
opon and maintain by his agreement Or By
said apportionment, and shall order him 70
open said ditch or water course Of the
width and depth described in said map and