poses which have been set forth in the notices of election. and the ballots cast at such election, and for no other purpose.

Am. 1919, Act 248.

(226) § 4504. SEC. 13. In case any bonds are issued under the provisions of this act it shall be the duty of the township board to raise in each year by tax upon the taxable property of such township such sums of money as shall be sufficient to pay the amount of said bonds and the interest thereon as fast as the same shall become due.

Tax for pay

ment of

bonds.

sold at par.

(227) § 4505. SEC. 14. No bonds issued under and by Bonds to be virtue of this act shall be used or negotiated at less than their par value.

counties

county

system.

(228) § 4506. SEC. 15. All counties or parts of coun- Bonds in ties in the state, which have adopted the county road system, adopting may issue bonds for the payment of the improvement of such highways as the commissioners of highways decide to make: Provided, Such issue is approved by a vote of the electors Proviso. of such county or district: Provided further, That such Further bonds are not issued in excess of three per centum of the valuation of the property assessable for the said highway improvement.

(229) § 4507. SEC. 16. Such bonds shall not run for longer than twenty years, nor be sold for less than par, and it is further provided that the funds arising from the sale of such bonds shall be applied solely to the building of improved highways under the control of the road commissioners for the county or road district.

proviso.

Term and application of proceeds.

election.

(230) § 4508. SEC. 17. It is further hereby provided Order for that the board of supervisors in the county may order an election on the question of issuing such bonds in the county, or road district on petition of twenty-five freeholders, residing in the territory affected, and such election may be held under the provisions of the general election laws.

(231) § 4509. SEC. 18. It is further provided that, if a general election be held within six months of the filing of such a petition as is referred to above, the question of issuance of such bonds shall be submitted at such election, but if not, a special election for this question may be called by the board of supervisors.

General or

special

election.

CHAPTER XV.

DRAINS.

(232) § 4510. SECTION 1. Drains may be laid along and within the limits of or across any public highway: Provided, That when it is proposed to construct a drain in whole or in part along a public highway, the owners of the land abutting on the side of the highway along which such drain

Drainage of release of

highways;

right of way.

Bridge or culvert over drain.

Strength. Cost.

Bridges over drain along highway.

How maintained.

Consent

to location.

Leveling of materials.

is proposed to be laid, shall be considered as still owning the fee of such land, and it shall be necessary for the county drain commissioner to obtain from them severally a release of their rights to so much of said highway as is necessary and proposed to be taken for the right of way of said drain, and for all damages on account thereof. In case such release is not executed within the time (a) prescribed in section four of chapter three, such release (b) shall be obtained in the same manner as is provided in this act for obtaining private lands.

Highway officers have no more right than private persons to cut drains which will food the lands of private owners.-Cubit v. O'Dett, 51 / 347. It has been the settled policy of this state to permit the use of highways for drainage purposes.-Kiley v. Bond, 114/447. After a ditch had been established more than twenty years within and along the highway in front of defendant's premises who obstructed the flow of water in the drain and prevented the highway officials from cleaning it out, the commissioner of highways need not proceed to reopen it in the manner above, but was warranted in resorting to a suit in equity. Miller v. Harmer, 173/560. See secs. 236-39 relative to the better drainage of highways. See, also, § 4870 et seq., C. L. 1915.

(a) Within twenty days after the commissioner has issued his order of determination establishing the drain.

(b) A simple form of release of right of way and damages, that shall set forth, by reference to the survey of the drain, or by other convenient description, the particular land interested to be conveyed, and signed and acknowl edged by the person having the right to convey, shall be deemed a sufficient conveyance. A release for right of way shall be deemed to include sufficient ground on either side of the center line of the ditch for the deposit of the dirt therefrom.

(233) § 4511. SEC. 2. When any drain crosses a highway, the necessary bridge or culvert shall be constructed on the center line of the highway as located by survey, and in accordance with plans and specifications which shall be approved by the county, township or district highway commissioner having jurisdiction, and such bridge or culvert shall be of a permanent nature and of sufficient strength to safely carry a fifteen ton moving load. The cost of constructing the necessary bridge or culvert shall be charged in the first instance as part of the cost of construction of such drain after which such bridge or culvert shall be maintained as a part of the highway. When a drain passes along a highway, there shall be constructed at least one bridge or passageway across such drain connecting the highway with each enclosed field and with each farm entrance, which bridge or passageway shall also be charged in the first instance as a part of the construction of such drain, after which such bridge or passageway shall be maintained by the owner of the land.

(234) § 4512. SEC. 3. Before an open drain shall be laid along a public highway, the highway commissioner of the township in which the drain is located shall be consulted and his consent as to the proposed location of the drain shall be obtained in writing, stipulating that no excavation may be made nearer than one rod to the center line of the highway and stating what disposition shall be made of all material excavated. It shall be the duty of the drain commissioner to level down all materials placed in the roadway.

Am. 1917, Act 121.

missioner to

costs.

(235) § 4513. SEC. 4. The county drain commissioner Drain com shall apportion the per centum of the cost of construction of apportion such drain which any township traversed or benefited thereby shall be liable to pay by reason of the benefit to the public health, convenience or welfare, or as the means of improving any highway, and he shall also apportion the per centum of benefits to accrue to any piece or parcel of land by reason of the construction of such drain, over and above the per centum assessed against such township as aforesaid, which per centum of benefits shall be apportioned upon and assessed against the lands benefited according to such assessment of benefits and which apportionments he shall announce at the time and place of letting, as provided in chapter four. Such assessment of per centum for benefits shall thereupon be subject to review and correction, and may be appealed from in the manner hereinafter provided.

See sec. 1, Chap. V, Act 185 of 1911 (§ 4906 C. L. 1915).

(236) § 4514. SEC. 5. Whenever it is necessary or more convenient for the proper drainage of any highway in this state that the surplus water be taken onto or across the land adjacent thereto, the highway commissioner of the township in which said highway is situated, may secure the right of way and may open such drain or outlet for the water, and for these purposes may use any highway moneys of the township not otherwise appropriated, and such sums as may be voted for that use by the electors of the township. The highway commissioner shall secure the right of way for any such drain by gift or purchase from the owners of the land to be crossed by such drain; but in case of purchase the purchase price must be approved by the township board before any money be paid thereon. Such right of way shall be acquired by deed duly executed by the owner or owners of the lands sought to be crossed by the said drain, and shall be taken in the name of the township wherein the same is located, and filed in the office of the register of deeds of the county before any highway money shall be expended in opening such drain outside the highway limits.

Highway authorities have no right to cut drains the necessary result of which will be to flood the lands of individuals, even if the drain is no larger or deeper than necessary to properly construct the road.-Breen v. Hyde, 130 / 1.

Right of way

across adja

cent lands.

Report of

commissioner

to electors.

(237) § 4515. SEC. 6. The highway commissioner shall report to the electors of the township at their annual meet ing the amount of money expended by him during the year for such highway drainage, specifying the amount expended on each drain. He shall also recommend the raising of such sums as he may deem necessary for opening drains from the highway during the coming year, specifying each proposed drain and the probable amount needed for securing the right of way and opening the same. The money voted for Drain fund. this purpose by the electors of the township shall constitute a special highway drain fund, and shall be used for no other

Report to drain commissioner.

Proceedings, when right of way cannot be secured.

purpose. In case any money be left in the fund, after opening the drain for which it was raised, it may be used in opening any other highway drain in the township, or in cleaning out, when necessary, those already opened.

(238) § 4516. SEC. 7. On the completion by the highway commissioner of any drain constructed under the provisions of this act, it shall be the duty of said highway com missioner to file in the office of the county drain commissioner a detailed report of the construction of such drain, giving the date of construction, the termini and general course thereof, together with a copy of the deed by which the right of way therefor was secured. Nothing in the provisions of the preceding sections shall be construed as giving to highway commissioners power to lay out and construct drains having any other purpose than the drainage of highways.

(239) § 4517. SEC. 8. In case the highway commissioner cannot secure the right of way across adjacent lands for the construction of any drain by agreement with the owner or owners of the land through which it will pass, he may make under his name of office an application to the drain commissioner of the county in which the proposed drain is situated, to lay out and establish the said drain. Such application shall conform to the law regulating applications for the construction of drains, and shall require no other signature than his own as highway commissioner. Such application shall have the same force and effect and be subject in other respects to the same laws and regulations that govern other applications for the establishment of drains, and shall confer jurisdiction and authority on the county drain commissioner to lay out and establish such drain under and by virtue and in pursuance of the law governing the location and establishment of other drains.

Power of supervisors.

Taxation.

Proviso.

CHAPTER XVI.

POWERS AND DUTIES OF BOARDS OF SUPERVISORS.

(240) § 4518. SECTION 1. The said several boards of supervisors shall have power, and they are hereby authorized, at any meeting thereof, lawfully held:

To borrow or raise by tax upon such county any sum of money necessary for any of the purposes mentioned in this act: Provided, That no greater sum than one thousand dollars shall be borrowed or raised by tax in any one year, for the purpose of constructing or repairing public buildings, highways, or bridges, unless authorized by a majority of the electors of such county voting therefor as hereinafter provided;

To provide for the payment of any loan made by them, by tax upon such county, which shall in all cases be within twenty years from the date of such loan;

animals and

To make such laws and regulations as they may deem Noxious necessary, and provide for enforcing the same, for the de- weeds. struction of wild beasts, of thistles and other noxious weeds within the several counties;

Payment of

loan.

To authorize any township or townships in their respective Township tax. counties, by a vote of the electors of said township or townships, to borrow or raise by tax upon such township, any sum of money not exceeding ten thousand dollars in any township in any one year, to build or repair any roads or bridges in such township or townships, or in the use of which such township or townships may be interested, and to prescribe the time for the payment of any such loan, which shall be within twenty years, and for assessing the principal and interest thereof upon such township or townships; and if any road or bridge is situated partly in one township and partly in another, or on the line between townships, or in case any township has any particular local interest in the construction or repair of any bridge, such board of supervisors may determine, under such regulations as they may establish, the relative proportion which each township shall contribute in the building and repairing thereof, and the amount so apportioned to the several townships shall be assessed and collected in the same manner as other township taxes are now assessed and collected by law.

See sections 518-522, 523-524; also acts 85 and 397 of 1913 (§ § 2270, 2274, 2274n C. L. 1915).

See section 2275, C. L. 1915, which requires that none of the powers mentioned in the fifteenth subdivision (which is similar to the last preceding paragraph) shall be exercised without a vote of two-thirds of all the members elected to such board.

The

The law allows the board to raise money only for necessary uses. Any loan which they raise must be for some of the purposes mentioned in the statute. Money cannot be raised by the board to be paid over to the towns, without any definition of purposes, and to be spent under the direction of town officers.Att'y Gen. v. Supervisors, 34/46. A board of supervisors cannot raise more than $1,000 annually for building purposes without a vote of the electors.Callam v. Saginaw, 50/7; Pack v. Supervisors, 36/379; McMullen v. Judge, 102/610; Supervisors v. Simmons, 104/ 306. A board of supervisors has no power under this and (subd. 10, sec. 2274, C. L. 1915) to borrow money to meet the current expenses of the county, but the same must be raised by taxation.-Supervisors v. Warren, 98/145; McCurdy v. Shiawassee Co., 154 / 550. board has no power to raise, as a part of the county tax, money to be expended generally upon the highways in a township.--Sage v. Aud. Gen., 72/638; McMullen v. Judge, 102 / 610. The limit of fifteen years applies to bonds issued under the county road system, section 85.-Supervisors v. Simmons, 104/305; Stockle v. Silsbee, 41 / 621; Hecock v. VanDusen, 80/365; Mfg. Co. v. Echtinaw, 81/420; Tillotson v. Webber, 96/154; Twp. of Harrison v. Supervisors, 117/216. Promissory notes given by the treasurer of a county, pursuant to a resolution of the board of supervisors assuming to authorize him to borrow money for current expenses, are authorized by law, and no recovery can be had against the county upon them.-McCurdy v. Shiawassee Co., 154 / 550.

(241) § 4519. SEC. 2. Every such board of supervisors shall have power, within their respective counties, to permit or prohibit the construction of any dam or bridge over or across any navigable stream. They shall also have power to provide for the removal of any obstruction arising from the erection of booms, or collecting of logs or rafts in such streams by any individual, and to direct the time in which, and places where, persons having logs, rafts, and boats in such streams shall be allowed to remain, and when the same shall be removed; and may impose such penalties as they

To bridge, navigable

dam or clear

streams.