The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1859-03-22


A nil Authorissn- the Comnnissloners o'
| Highways of Iownsbips 10 establish
| Wates-couIses aad locate ditches La Gers
tain cases. .t
Sec. l. Tbs People Of Ms STATE o,
Michigan enact, That If the persons inses
.ested in any water. course, or in drainIr 2
theirlands by ditch, shall agree to as estab
lshment Of such water courses or location
Of such ditches, and tho apporiioument o.
the labor, cost and expenses, that each per.
son or tract of land interested in or benefit,
ed by such water-course or ditch shall teal
In opening and maintaining the same, they
shall make m p thereof, showing the
commencement and termination of enei
waiercourse or ditch, by courses and dis
tancos from tho nearest section. corner Of
| quarter post or other permanent monu.
ment and tho intermediate courses and
distarcea, the width aud depth thereof
and divide the same in,o as many sectiont
numbering them, as thero shall be persons
or tracts Of land contributing to thu con.
struction and naintainance in nccordapcs
with the apportionmen. Of labor 10 each
person or tract OF land, and shall attach
| thereto certificate describing such water
course or ditch, its commencement, courses
distances termination, width, depth, nun.
Der of sections and length Of each section
| giving tho name Of each person nnd de-
scription Of each tract of land benefited by
such water.oourse or ditch, and designa
ting the section, by number, that each
| person or tract OF land shall open and
maintain, aud shall sign such certificate
and fe the same with the olerk Of the
township or townships in which such wa
ter course or ditch shall be located, snd
said clerk shall Gle and keep the came in
his Office with the town records, 10 the
ssne manner that records cf lighwsys are
now required by law to be fled and kept;
and said persons shall before fling said
mNp aud certificate, as aforesaid, cause o
measurment to be mada Of each section on
tho ground. stake OF boundary, number
ed rs aforesaid, 70 DO laced at the end OIL
each section, for the benefit Of each person
interested, which ditch or water course
located snd apportioned by agreement, as
aforesaid and duly fied, as Aforesaid, snail
have all the forco add effect, and be as bind.
ing in law rs il located and established b.
tho commissioners OF highways under the
provisions Of this ncl
Sec. @ II such peraons shall sg-eo as
TO the location anl Dimensions Of such wa
ter course or ditch, but shall be unable
10 agree upon the appoitionment Of the
'abor, costs and expenses Of opening and
maintaining the came, they may make q
map and certificate, as provided by the
fist settion of this act, olnitting therein
the division inH seclious, and the appor
tionmont Of labor, costs and expensos
in opcnug and maintaining the same, sign
the same, and delverit to the highway
commissioners Of the townshlps in which
the vatercourse or ditch ia located, aud
such commissioners shall at once proceed
TO measure said wator.course or ditch, and
apportion the labor, cost and expenses
thereof among tho persons signing such
certificate and the land benefited in it,
proportion, in the same manner and with
the effect as provided in this act in case Of
locating and eatabli'hing without the q.
greement Of parties, AMI shall file their GER
uicate Of epportionment. together with
said mspa and certificates Of agreement,
with the clerk Of the township or townships
Wherein located, who shall Go and return
the same, az in other cases Of this act,
which water-courss or ditch, when so 10.
Gated, established and appottioncd, partly
By agreement and partly by mmissioD.
ers, shall have tho same force rs itdouo en-
tir,ly by agreement or By commissioners,
as provided By thi, act.
Sec. 8 That tho commissioners of high
ways shall have power Oh application oi
auy party intercsted, 20 enter upon any
land in their townships, to view any water
course, or proposed ditch, for the purp0se
Of draining such swamps, nar'hes, and
other low lands, and lands held by one or
more persons as do, il their judgement,
affect iniuriously tho health Of The inhabi.
tauts; and in case tho parties interested in
| such land cannot agree where such water.
course or ditch shalrbo located and open.
Ell, or as to the apportionment OF the la
Dor, cos and expenses that each pepon
interested, or trsot Of land drained, or bena-
fitted, by said water.oourso or ditch 10 be
located Or surveyed, if necessary, and shall
sot apart to each person, or tract OF land
drained or benefited by the same, such
portion thereof, TO be opened and nsin.
tained by suoh person, or tract Of land rs
the said commissioners shall deem just and
right, according TO the benefits TO be do.
rived by him or advantage TO such tract of
land draiued and benefited by opening
such watet.course or ditch.
See. 4 That when any person shall
make application to the commissioners as
prescribed in the third section Of this act,
said commissioners shall at once appoint a
time and place 'or making such examiua
tion aud hearing, and such person shall
give notice in writing TO all persons inter-
esied in the proposed ditch or waiereoursc
Of such application aud the timo when,
and place where, said commissioners will
meet to make such examination, which no.
tico shall DO served personally upon said
parties, or by copy left at the residence Of
such party, at least three days before the
day appointed by such COMMISSIONER as a.
foresaid land copy Of such notice, together
with theafEidavlt Of service thereof, and
| tha ,nt licafio, cf notico "a hnrsin provide1