Bend to be given. Entry of License by Clerk, etc. vide two Coun be obtained in aither. such owner, unless proof shall be made that such applicant caused notice to be given, in writing, to such owner, at least eight days before such application made, of his intention to make the same. (1120.) SEC. 5. Every person applying for such license shall, before the same be granted, give bond to the People of this State, in such penal sum as the said board shall direct, not less than two hundred dollars, with so many, and such sufficient sureties as the said board shall direct and approve, upon condition that he will faithfully keep and attend such ferry, with such and so many safe and convenient boats, and so many men to work the same, together with sufficient implements therefor, during the several hours in each day, and at such several rates as the said board shall, from time to time, order and direct; which bond shall be filed with the County Clerk. (1121.) SEC. 6. Every such license shall be entered by the County Clerk in a suitable book in his office; and a copy of such license, attested by such clerk, shall be delivered to the person licensed. When waters di- (1122.) SEC. 7. Whenever the waters over which any ferry ties, License may may be used shall divide two counties, a license obtained in either of the counties shall be sufficient to authorize the person obtaining the same to transport persons, goods, wares, merchandise and effects, to and from either side of said waters. Persons violating etc. (1123.) SEC. 8. Every person who shall violate such bond misdemeanor, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be subject to such fine as the Court may adjudge, not exceeding twenty-five dollars for each offence, and unless such fine, and the costs of prosecution shall be paid within ten days after such fine shall have been imposed, the Prosecuting Attorney for the county shall prosecute such bond for the use of the State. Persons using misdemeanor. (1124.) SEC. 9. If any person shall use any ferry for transConde, guilty of porting across any river, stream, or lake, persons, goods, chattels or effects, for profit or hire, unless authorized in the manner directed in this chapter, such person shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be subject to such fine as the Court may adjudge, not exceeding twenty When person may be prosecu dollars for each offence. (1125.) SEC. 10. When any offence mentioned in either of ted in either of the two last preceding sections shall be committed on waters two Counties. dividing two counties, the person so offending may be prosecuted in either of such counties. provisions of this (1126.) SEC. 11. Nothing contained in this chapter shall Limitation of affect or impair any right or privilege belonging to any indi- Chapter. vidual, or corporation, by virtue of any law of this State. [Approved February 7, 1855. Took effect May 16, 1855. Laws of 1855, p. 36.] (1127.) SECTION 1. The People of the State of Michigan enact, Application for That whenever application shall be made to the Commissioners of Highways of any township for a private road, they shall give notice to the owner or occupant of the land over which the road is proposed to be laid out, to meet on a day and at a place certain, for the purpose of aiding in the striking of a jury to determine as to the necessity or propriety of such road; at which time and place the jury shall be selected, in the fol- Jury how seleclowing manner, to wit: said Commissioners of Highways shall direct some disinterested person to write down the names of eighteen disinterested freeholders, from which list the owner or occupant of said land, and the applicant for said road, shall strike out three names each, and the balance remaining on ted and cited. (a) Section Sixteen of the Act of Feb. 17, 1857 (given in Chapter XXII), would seem to be in'eaded as a substitute for the first four Sections of this Act; but quere if it can have that effect, or be of any validity whatever, where it now stands. See Sec. 20, Art. 4, of Constitution. Jury to be sworn. Duty of Jury. such list shall form said jury. In case either said owner or occupant, or said applicant, shall refuse to strike, said Commissioners shall strike for the party so neglecting or refusing. Said Commissioners shall issue a citation to said freeholders to appear before them forthwith, to determine as to the necessity or propriety of such road, and the damages resulting therefrom, in case such road shall be deemed necessary by them. (1128.) SEC. 2. Such freeholders, when met, shall be sworn well and truly to examine in regard to the necessity and propriety of such road, and in case they shall decide that such road is necessary, to justly and impartially appraise the damages of the owner or owners, or occupant of the land, by reason of laying out such road. (1129.) SEC. 3. If they shall determine that the road so applied for is necessary, they shall make and subscribe a certificate of such determination, and also their appraisal of the damages, and shall deposit the same with the Commissioners How Road shall of Highways of the township; and the said Commissioners of Highways shall thereupon lay out the road, describing the same particularly by its bounds, courses, and distances, and cause a record thereof to be made in the Clerk's office of the proper townships. be laid out. damages and expenses. Applicant to pay (1130.) SEC. 4. The damages of the owner or owners, or occupant of the land through which such road shall be laid, when ascertained, as hereinbefore provided, together with expenses of proceedings, shall be paid by the person applying When paid, Road for the road, and when such damages and expenses are paid, the Commissioners of Highways of the township shall proceed to open the road. to be opened. Road to be for use of Applicant. Land may use (1131.) SEC. 5. Every such private road, when so laid out, shall be for the use of such applicant, his heirs and assigns, but not to be converted to any other use or purpose than that When Owner of of a road: Provided, always, That the owner or occupant of the land through which such road shall be laid out, shall not be prevented making use thereof as a road, if he shall signify his intention of making use of the same to the jury who ascertain the damages sustained by laying out such road, before the appraisal of the damages by them. An Act to Provide for the Recording of Town Plats, and for Vacating the same in certain cases. (a) [Approved April 19, 1839. Took effect May 19, 1839. Laws of 1839, p. 162.] corded. (1132.) SECTION 1. Be it enacted by the Senate and House of Plat to be ReRepresentatives of the State of Michigan, That whenever any lands shall be hereafter laid out within this State as a town or (3) For prior Laws on this subject, see the Act of March 12, 1821 (Code of 1820, p. 394), and the Act of March 12, 1827 (Revision of 1827, p. 278). lect. village, or as an addition to any town, village or city, the proprietors of such lands shall cause a true map or plat thereof to be recorded in the office of the Register of Deeds of the county where the same lies, before any lot or lots therein be offered for sale; and if any person or persons shall sell any lot or lots laid out as aforesaid, before the same be recorded as aforesaid, such person or persons shall forfeit and pay the Penalty for neg sum of fifty dollars for every lot so sold; and that in all cases wherein any lands have been heretofore laid out as a town or village, or as additions to any town, village or city, and the proprietor or proprietors thereof have sold any lot or lots therein, and shall, after the term of nine months from the passage of this act, neglect or refuse to have the same duly acknowledged and recorded according to the provisions of the act to which this is amendatory, such person or persons shall forfeit and pay a sum not less than fifty dollars, nor exceeding two hundred dollars, in the discretion of the Court, for each and every year of such neglect or refusal. (b) Contents of Map; when Recorded rights in County. (1133.) SEC. 2. That such maps or plats as are by this act to vest certain required to be recorded, shall particularly set forth and describe all the public grounds within such town, by its boundaries, courses and extent, and whether it be intended for streets, alleys, commons, or other public uses, and all the lots. intended for sale, by progressive numbers, and their precise length and width; and the maps made and acknowledged before a Justice of the Peace, a Notary Public of the proper county where the town lies, or before any Judge of any Court of Record, and certified under the hand and seal of the Judge, Justice or Notary Public taking such acknowledgment, and 11. Rep. 551, recorded, shall be deemed a sufficient conveyance, to vest the fee of such parcels of land as therein expressed, named or intended to be for public uses, in the county in which such town lies, in trust to, and for the uses and purposes therein named, expressed or intended, and for no other use or purpose whatever. 13 do 50. 1 Blackford 43. 7 Ind. Rep. 9. Recording Maps that do not com articles of Sale. (1134.) SEC. 3. That if any proprietor or proprietors, their ply with original agent or attorney, shall cause any map of a town to be recorded as aforesaid, which does not set forth and describe in manner aforesaid, all and every parcel of ground which has been, or shall be promised or set apart by the original articles of sale (b) As Amended by Act 118 of 1848, p. 141, and Act 5 of 1849, p. 4. |