the intersection of all such roads in his township as he may deem necessary. loose stones. (198) § 4476. SEC. 6. Once in every month from the Removal of first of April to the first day of December the highway commissioner shall cause all the loose stones too large to bond with the roadbed, lying on the beaten track of every road within his township to be removed; no commissioner shall cause Care of roads. the roadbed of any highway to be plowed up, nor cause any clay, earth or other substance except gravel, crushed stone, iron ore, coal cinders, broken drain tile or sewer pipe to be placed upon the roadbed of any highway later than October first, nor shall the commissioner of highways cause any clay, earth or other substance, except gravel, crushed stone, iron ore or coal cinders to be placed upon a gravel or stone road at any time after such road has been permanently improved according to the provisions of this act. Any commissioner of highways or other person violating the provisions of this section relative to the plowing up of roadbeds, or the placing of clay, earth or other substance, except gravel, crushed stone, iron ore or coal cinders upon the same, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall be punished by a fine of not less than twenty-five dollars and not exceeding one hundred dollars, or imprisonment in the county jail not less than thirty days or exceeding ninety days, or both such fine and imprisonment at the discretion of the court. Any commissioner who shall refuse or neglect to perform the duties required by this section shall be liable to a penalty of twentyfive dollars: Provided, That the provisions of this section shall not prohibit or abridge the construction of new roads or the repairing of roadbeds by highway commissioners at any time when the same may be washed out, nor shall the same in anywise prohibit the improvement or repairing of sand roadbeds at any time by commissioners of highways in such manner as they shall deem best: Provided further, That the provisions of this act shall not prohibit or abridge the construction of new roads or repairing of roadbeds by county road commissioners in such counties as have or shall hereafter adopt the county road system. Violations. Proviso. Further proviso. CHAPTER XIII. MISCELLANEOUS PROVISIONS. (199) § 4477. SECTION 1. The township clerk shall be Township the clerk of the commissioner of highways, and shall, under clerk, duty of. his direction, record his proceedings in a suitable book to be provided by the clerk for that purpose at the expense of the township, and shall keep an accurate account of all orders drawn by the commissioner on the township treasurer, stating the amount of each, and in whose favor the same were Commissioner may adminis amine witnesses, etc. drawn; and all books and papers relating to the business of the commissioner shall be preserved and kept by the clerk in his office, and he shall record, in a book to be kept by him for that purpose, all papers filed in his office relating to laying out, altering or discontinuing of roads. The clerk by virtue of his office has no authority to sign the commissioner's name to orders on the township treasurer. Just v. Twp. of Wise, 42/573. Mandamus will lie to compel township clerk to countersign highway commissioner's orders.-Stoddard v. Giasson, 120 / 91. (200) § 4478. SEC. 2. The commissioner shall have ter oaths, ex- power to administer all oaths required in any proceeding be fore him, or in which he is called to act officially, and on application for laying out, altering, or discontinuing highways, and in proceedings to lay out private roads he may examine witnesses on oath as to any matter touching such application, and may issue subpoenas and compel the attendance of witnesses on the hearing thereof, but he shall charge no fees therefor. Justices, sheriffs, constables, fees and duties of. Per diem of commissioner. Contract and purchase of plank or toll road. Overseer of highways, election of. (201) § 4479. SEC. 3. The just fees and charges of all justices of the peace, sheriffs, constables, and other officers who may render any service for or at the request of any commissioner of highways under the provisions of this act, shall be allowed by the township board and paid by the township, and it is hereby made the duty of such officers to render any service required of them under the provisions of this act, and when such service is required by a commissioner of highways, it shall not be necessary to pay or tender to such officers their fees for such service. (202) § 4480. SEC. 4. The commissioner shall be entitled to the same per diem compensation for any services required of him by this act as is provided by law, which shall be audited and allowed by the township board and paid in the same manner as other township expenses. See section 627. (203) § 4481. SEC. 5. The supervisor and commissioner of any township may negotiate and contract for the purchase of such portion of any plank road or toll road as may be situated within their township, and if such contract be ratified by the electors in like manner as is provided in section four of chapter eight of this act in case of voting money for bridge purposes, they may draw their orders on the township treasurer for the amount of the contract price, and the supervisor shall levy the amount upon the taxable property of the township in the same manner as township taxes are levied. When such purchase is made and completed such road shall become a public highway, and be subject to all the provisions of law the same as other township roads. (204) § 4482. SEC. 6. There shall also be elected at such meeting to be chosen viva voce, or in such manner as the meeting may direct, one overseer of highways for each road district, and no elector except a resident of the district where proviso. the overseer is chosen, or an elector of the township having Trees to be (205) § 4483. SEC. 7. All trees standing or lying on any for use of land over which any highway shall be laid out, shall be for the owner. proper use of the owner of such land or person otherwise entitled thereto, except such of them as may be requisite to make or repair the highways or bridges on the same land, or within one mile of the same; but no trees reserved for shade or ornament shall be used for such purposes. The owner of the land through which a highway passes is the owner of the soil and the timber, except what is necessary to make bridges, or is otherwise required to make the road passable and may maintain trespass for digging into or removing the soil, grass or timber, except when needed for the use of the highway. The public have simply the right of passage over the highway.Williams v. M. C. R. Co., 2/259. See secs. 123, 185, 189, 192 and notes. (206) § 4484. SEC. 8. In all cases in which a penalty is provided by this act for the fault, neglect or wrongful act of any person or corporation, and for the collection of which no other provision is made, the same shall be sued for in an action of trespass or on the case by the commissioner of highways of the proper township, in his official character, before any court of competent jurisdiction, and the amount when collected shall be paid to the township treasurer, and credited to the highway improvement fund of the township. Ramsby v. Bigler, 129/570. Collection of provided for. penalties, not Execution of judgments. strued. (207) § 4485. SEC. 9. In case of any judgment rendered under and by virtue of section three of chapter seven, sections eight and nine of chapter eight, or sections four, five, six, seven, eight or nine of chapter ten, of this act, execution may run against the body as in personal actions for torts. (208) § 4486. SEC. 10. The word "commissioner" wher- Words conever used in this act, except some special commissioner be mentioned, shall be construed to mean the commissioner of highways elected in and for each township, and wherever the word "overseer" is used it shall be construed to mean the overseer of highways elected or appointed over and for each road district, and no exception shall be taken to the languageof this act if in any place it fail to set forth specifically the intent and meaning herein defined. (209) § 4487. SEC. 11. Each overseer of highways shall be personally responsible for the proper use and care of such tools and machines while in his charge, or in use in his road district, and any overseer or other person who shall through negligence or otherwise wilfully injure or damage such tool or machine shall be liable for such damage in an action of trespass on the case to be brought by said commissioner before any justice of the peace in said township or any adjoin ing townships. (210) § 4488. SEC. 12. It shall be the duty of the commissioner of highways of each township to provide a suitable place for the storage and proper housing of all tools, implements and machinery that are owned by the township, and to cause such tools and implements to be stored and housed therein at all times when not in use. (211) § 4489. SEC. 13. Any person who shall break into any such place of storage as above provided, or remove or take away without the consent of the commissioner of highways, or the consent of the overseer of highways or injure any such tools of [or] machinery, shall be deemed guilty of a misdemeanor, and may be punished therefor by a fine not exceeding one hundred dollars or by imprisonment for not more than ninety days, or both such fine and imprisonment, in the discretion of the court. (212) § 4490. SEC. 14. Ferry landings shall be deemed public highways, and may be laid out, constructed, maintained, altered, or discontinued in the same manner, and shall in all respects be subject to the same regulations, so far as they may be applicable, as other public highways and bridges; and any public highways along the border of, or terminating upon the waters of any stream, river, or other body of water across which a ferry is licensed, may be used as a landing for such ferry, subject to such rules and regulations as the authorities having control over highways may establish and such use shall be deemed a proper use thereof as a highway. (213) § 4491. SEC. 15. SEC. 15. The commissioner of highways shall have power to purchase land suitable for obtaining gravel for the use of the highways of his township. If he be able to agree with the owner thereof, he may purchase the same and pay therefor out of the general highway fund of the township, upon the approval of the township board. Whenever said highway commissioner shall be unable to agree with any owner of any parcel of such land which the said commissioner desires to purchase for graveling purposes, as to com pensation to be paid therefor, the highway commissioner shall give notice in writing to the owner or occupant of the land, on which may be located such gravel desired for the use of the improvement of the highways of the township of his intention to condemn such land for such purposes, and all subsequent proceedings for the condemnation of such lands shall be in accordance with the provisions of chapter nine of this act in relation to the opening of private roads, insofar as the same is applicable. CHAPTER XIV. HIGHWAY TAXES AND THE ASSESSMENT THEREOF. (214) § 4492. SECTION 1. It shall be the duty of the township clerk of each township, on or before the first day of October of each year, to make and deliver to the supervisor of his township, a certified copy of all statements and certifi cates on file, and of all records of any vote or resolution in his office authorizing or directing moneys to be raised therein by taxation for township, school, highway, drain, and all other purposes, together with a statement of the aggregate amount thereof, and such certified copies shall, by such supervisor be delivered to the clerk of the county on or before the second Monday of said month, and the same shall by said clerk be laid before the board of supervisors at its annual meeting and filed in his office. CLERK'S CERTIFICATE: If the township tax was authorized by competent authority in the first instance, the want of a certificate by the township clerk will not invalidate a tax duly directed to be raised by the board.----Aud. Gen. v. McArthur, 87 / 462. The failure of the township clerk to aggregate, in his certificate, the several township taxes to be raised in his township is unimportant, if the several amounts are stated. Boyce v. Aud. Gen., 90 / 322. TOWNSHIP BOARD: As to the authority and action of the township board in raising money by taxation, see sec. 40 and notes. (215) § 4493. SEC. 2. The board of supervisors, at their annual session in October in each year, shall ascertain and determine the amount of money to be raised for county purposes, and shall apportion such amount, and also the amount of the state tax and indebtedness of the county to the state among the several townships in the county in proportion to the valuation of the taxable property therein, real and personal, as determined by them for that year which determination and apportionment shall be entered at large on their records. They shall also examine all certificates, statements, papers and records submitted to them, showing the moneys to be raised in the several townships for school, highway, drain, township and other purposes. They shall hear and duly consider all objections made to raising any such moneys by any taxpayer to be affected thereby. If it shall appear to the board that any certificate, statement, paper or record is not properly certified, or that the same is in anywise defective, or that any proceeding to authorize the raising of any such moneys has not been had, or is in anywise imperfect, and such certificate, statement, paper, record or proceeding can then be corrected, supplied or had, such board may authorize and require such defects or omissions or proceedings to be corrected, supplied or had. They may refer any or all such certificates, statements, papers, records, and proceedings to the prosecuting attorney, whose duty it shall be to examine |