The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1861-04-04
An Act Relative to Laying out, Altering
and Disseminating Highways.


and Disseminating Highways.
SEC. 1. The people of the State Of
Michigan enact, That whenever seven
or more freeholders of any township
shall wish to have a highway in any
part of said township, not included
within the incorporate limits of any
city or village, laid out, altered, or dis
continued, they may, by writing under
their hands, make application to the
commissioners of highways of the town.
ships for that purpose, who shall pro-
eeed to lay out, alter, or discontinue
such highway as hereinafter directed !:
Provided, That no second application
shall be made within twelve months for
that purpose.
Sec. 2. Whenever the commissioners
of highways shall be applied to, as
mentioned in the preceding section, to
lay out, alter, or discontinue any high
way, they shall within five days there
after, issue written notice, stating the
object of such application, and appoint
ing time and place of meeting of the
board of commissioners of highways,
which shall be served by said commits
sioners, or one of them, on the owners
or occupants of lands through which it
is proposed to lay out, alter, or discon-
tinue such road, either personally or
by copy left at the residence of said
owner or occupant at least ten days be-
fore the time of said meeting, and by
posting up the same in three public
places in the township ten days before
the time of meeting. O.
Sec. 3. The commissioners shall meet
at the time and place appointed as pro-
vided in the last preceding section, and
proceed to view the premises described
in said application and notice, and as
certain and determine the necessity of
laying out, altering or disseminating
such highway and justly and impartial
ly appraise the damage thereon, if any
is claimed, and shall within five days
thereafter, make return of their do
ings in writing signed by them, which
return shall state the action in regard
f to such application and their award
of damages, if any, and to whom pay
, able if known, and such return shall
be filed in the Office of the township
clerk, with the application for such
highway, and copy of notice attached
thereto. 'i f3i 80
Sec. 4. Upon laying ont, altering, OF
discontinuing highway on the line be.
tween adjoining townships, or upon
determining what part of such high
way shall be made and repaired by
r each township, the commissioners Of
) such adjoining townships shall ac'
: jointly, and application may be made
: to the commissioners of either township
| who shall notify the commissioners o.
r adjoining townships of the time and
place of meeting, and said commission
t ers of adjoining townships shall pro
ceed as before provided, and their re
l turn shall be filed in Office oDkhe town
n ship clerk of each township, and eael
v township shall have all the rights ani
: be subject to all the liabilities in rela
s ton to the part of such highway to b
!, made and repaired by such township
e as if the same was located wholly il
% such township.
i Sec. 5. Public roads to be laid ou
n according to the provisions of this act
: shall not be less than four rods wide
/ except in cities or villages, where tn.
y commissioners or other proper authorl
ties may otherwise determine. Privat
l. roads shall not be less than one rod II
width and upon application of an,
It person or persons wishing the, same
It commissioners, or other proper author
n tiles, shall have power to lay out, alte
It or discontinue such roads, according t
|, the provision of this act, except sectio
d one hereof: Ind, arovided, That a
II the expenses and damages arisin
!" therefrom shall be paid by the perse
d or persons making application therefor
n SEQ. 6. If any discontinued highwa
1t shall be upon tract of land throug
d which new highway shall be laid ou
the same may be taken into consid
re Grafton in estimating the dan
ir ages sustained by the owners, an
le in like manner, the benefits aceruing
n owners of lands by reason of, layin
ID out or altering any highway, shall b
re taken into consideration. r.s.....-.a.,
Sect. All highways heretofore res
IS ularly laid and established in pursaane
D. of existing laws are hereby declared
er be legal highways, subject to alteratlo
a or discontinuance, the same as oth'
Mt highways, and the commissioners sha
rs have power to- lay out and establis