CHAPTER XVIII.

HIGHWAY ORDERS.

when pay

ment is

delayed six

months.

(278) § 4556. SECTION 1. Whenever any order for the Proceedings payment of money lawfully drawn by the highway commissioner of any township within this state upon the treasurer of such township, shall, after the passage of this act, have been duly presented to such township treasurer for payment, and payment thereof shall not be made within six months from such presentation, by reason of lack of funds for the lawful payment of such order, such treasurer shall, at the request of the holder of such order, make a statement in writing of such facts and deliver the same to such holder, and such holder may present such order with such statement to the township clerk of such township, and such clerk shall thereupon make a minute of the number, date, and amount of such order, and the date of its first presentation to such treasurer, and shall make an endorsement on such order, showing such presentation to him.

COLLECTION OF ORDERS: Mandamus lies, not assumpsit, to compel a township board to pay a valid order given by the highway commissioner on the township treasurer.-Just v. Wise, 42 / 573. A delay of more than six years to demand pay of highway orders, or to apply for mandamus to compel such payment, if unexplained, will bar such relief.-Avery v. Twp. of Krakow, 73 / 622. See sec. 196 and notes.

(279) 4557. SEC. 2. The township clerk of each town ship shall include in the statement annually required to be made by him to the supervisor of moneys proposed to be raised in said township by taxation, a statement of the amounts of all such orders, before then minuted by him, with a further statement of the amount due and to become due as interest on such orders up to the first day of January succeeding such statement.

A special highway tax cannot be levied upon the property of a township to pay the indebtedness of road districts therein.-McFarlan v. Twp. of Cedar Creek, 93/558.

(280) § 4558. SEC. 3. Hereafter it shall be unlawful for any highway commissioner to draw or issue any order or orders for the payment of money upon the township treasurer of any township, or to contract for, or to permit to be done or furnished any labor or materials upon or for the highways or bridges in such township, for any sum or sums greater than the highway funds theretofore authorized by the votes of such township, or otherwise provided by law, except in cases especially provided by existing laws.

In payment for tools and machinery purchased, neither highway commissioner nor township board may lawfully issue a warrant calling for the future payment of money and interest thereon, unless authorized by a vote of the electors of the corporation.-Power v. Gray, 186 / 646.

Clerk to amount of

report

such orders.

Orders not to

be drawn in

excess of funds.

authorized

Penalty for violation.

(281) § 4559. SEC. 4. Any highway commissioner of fending against the provisions of the preceding section shall be deemed guilty of a misdemeanor, and on conviction theres! shall be punished by a fine of not less than ten nor more than one hundred dollars, or by imprisonment in the county jail of the proper county, not exceeding three months, in the discretion of the court.

Who may construct culverts, etc.

Proviso.

Further proviso.

Construction.

Removal of culverts, etc.

Record of culverts.

Hedges, etc.. trimming of.

Proviso.

CHAPTER XIX.

CULVERTS, OR CATTLE-PASSES AND HEDGES.

(282) § 4560. SECTION 1. It shall be lawful for all per sons owning land on opposite sides of any public highway to construct culverts or cattle-passes under such highways: Provided, That formal application is made to, and permis sion obtained from the commissioner of highways of the township in which said land is situated, for such construction: Provided further, That such construction and maintenance shall be wholly at the expense of such applicant, his heirs and assigns.

(283) § 4561. SEC. 2. Such culverts or cattle-passes. when constructed, shall be of such material and according to such plan as the commissioner of highways shall direct.

(284) § 4562. SEC. 3. In case any such applicant, heirs or assigns shall fail to keep his culvert or cattle-pass already constructed, or hereafter to be constructed, in good repair. it shall be the duty of such highway commissioner to remove such culvert or cattle-pass from such highway at the expense of such applicant, or owner, heirs or assigns, such expense to be collected by suit in the name of such commissioner of highways in an action of trespass on the case before any justice of the peace of such township.

(285) § 4563. SEC. 4. A record of such culverts or cattle-passes, and of all proceedings relating thereto, shall be kept in the manner substantially as is provided for the record of private roads.

(286) § 4564. SEC. 5. It shall be the duty of every own er, occupant or person having charge of lands in this state. to cut or trim, or cause to be cut or trimmed, to a height not exceeding four and one-half feet and a width not exceeding three feet, all hedges or hedge rows along or on the public. highway or adjacent thereto in each and every year, except such hedges as shall have been set out for the protection of fruit trees and nursery stock. Trimmings or brush from such hedge rows shall not be left lying within the limits of the highway, but shall be forthwith removed: Provided, That this section shall not apply to streets or highways within incorporated cities.

(287) § 4565. SEC. 6. Any owner, occupant or person having charge of lands who shall fail to comply with the provisions of this act, on conviction before a court of competent jurisdiction, shall be punished by a fine not more than ten dollars, together with the cost of prosecution, and in default of payment of the same shall be imprisoned in the county jail of the county where the land is situated, for a period not exceeding twenty days.

Penalty for

neglect.

CHAPTER XX.

STATE ROADS.

Survey of

(288) § 4566. SECTION 1. In surveying and locating state roads state roads and ditches hereafter to be surveyed and located, and ditches it shall be the duty of the local commissioner, or other person or persons having charge of the same, to cause the survey to be made on the center line of the road or ditch to be located, and as follows, and the field notes of such survey shall be made to show: The precise location of the beginning, terminus, and intersections, with section lines, by course and distance, to the nearest convenient monument of the United States survey; mile posts shall be set at the close of each eighty chains, and the miles so marked off shall be numbered consecutively from the beginning; the distances shall be accurately measured, each eighty chains by itself, from mile post to mile post, and the character of the country shall be carefully noted as passed, so as to show the timber, soil, surface, and topography in detail along the line; all angles in the line shall be established with proper monuments and witnesses thereto, the course of the line from angle to angle shall be accurately given in degrees and minutes, and the particular magnetic variation employed shall be given; in all cases where any bridge may be required on line of road, the field notes of the survey shall be made to show width of stream, height, character of banks, and maximum height of water at flood, all measured with reference to the height of water at its ordinary state; and the length of bridge required shall be separately stated; in all cases of surveys for ditches, in addition to the mile and angle posts hereinbefore required, there shall be section stakes set and the level actually taken at the end of each two chains of the line.

surveys.

(289) § 4567. SEC. 2. It shall be the duty of the local Record of commissioner or other person or persons having charge of the location and survey of any state road or ditch, which has not been previously recorded, to cause a full and complete record of every such survey to be made immediately, and filed in the office of the state swamp land commissioner at Lansing. Such record shall be made upon blanks which said state swamp land commissioner is hereby required to furnish,

and shall consist of a full copy of the field notes of the sur vey made, upon the right hand page, and a full delineation of the same platted upon the opposite page. The record of survey of any state ditch shall further include a separate delineation thereof in profile drawn to a scale eight chains per inch horizontal, and four feet per inch vertical. Said profile shall show the proposed grade line of the bottom of the ditch, the depth thereof in figures at each two chains of length, and the width on bottom and slope of sides proposed for such ditch. The surveyor shall endorse upon such record his certificate of the actual performance of the survey and of the date thereof. The local commissioner or other person or persons having charge of the location or construction of such state road or ditch, shall endorse upon such record his cer tificate that the survey was made under his direction and for the purpose set forth.

(290) § 4568. SEC. 3. After the survey of any state road or ditch shall have been approved by the board of control of state swamp lands, the state swamp land commissioner shall cause a full and complete transcript of the record of such survey to be made and filed in the office of the register of deeds of the county or counties in which the same is lo cated. And said register or registers with whom any such transcript may be filed shall carefully preserve all files in proper order in his said office and deliver the same to his successor in office.

(291) § 4569. SEC. 4. All necessary expenses for mak ing surveys, field notes, and diagrams of such state roads or ditches required by this act, shall be paid by the several counties, respectively, in that proportion in which they were incurred for making such surveys, field notes and diagrams of the territory in their respective counties, and it is hereby made the duty of the several boards of supervisors of any of the counties of this state, through which any state road or ditch may be located, to audit and pay their respective share of all necessary expenses of the surveys, field notes and diagrams provided for in this act.

(292) § 4570. SEC. 5. All state roads which now are or hereafter may be within the corporate limits of any city or village within this state, shall be under the supervision of the common council or board of trustees of such city or village, with power to control, vacate or alter such roads within their corporate limits.

་

Sidewalks in

unincorpor

CHAPTER XXI.

SIDEWALKS.

(293) § 4571. SECTION 1. In all unincorporated vilated villages. lages, commissioners of highways are hereby authorized to lay out and expend such portion of the township highway

funds in their hands or under their control as they shall deem, subject to the limitations of section seven of this chapter for that purpose for the construction, care and maintenance of suitable sidewalks and cross-walks in such villages.

CROSSWALKS: Crosswalks are parts of the traveled way and the township is liable in case they are suffered to become unsafe to public travel.--Frary v. Allen Twp., 91 / 667.

SIDEWALKS: Where a township has authorized expenditures and has expended public funds for the repair of sidewalks built by abutting owners in an unincorporated village in the township, which sidewalks are almost an essential to the use of the highways along which they are built, the township is liable for injuries to a traveler caused by defects in one of such walks, though the sidewalk has never been established by the township authorities.-Welton v. Crystal Twp., 152/486. The adoption of the county road system does not make the county liable for defects in sidewalks situated in an unincorporated village. Ferguson v. County of Muskegon, 181 / 335.

highways.

(294) § 4572. SEC. 2. Public sidewalks may be estab- Along the lished, opened, improved, and maintained within the boundaries, and along the highways, within this state under the provisions of this act; and the townships and unincorporated villages of this state shall possess the authority herein prescribed, for the building, repairing, and preserving the same.

There is no law which requires a landowner to build or keep up walks, broad or narrow, along every highway, whatever may be the case where city authorities, under a city charter have been allowed to require it on their streets.— Fletcher v. Scotten, 74/212.

construction.

(295) § 4573. SEC. 3. Public sidewalks shall not be less Manner of than four feet in width when constructed of earth, and may be laid out, altered, or discontinued, by the commissioner of highways of any township, upon the written application of a majority of the taxpayers abutting such walk.

in applica

tions.

(296) § 4574. SEC. 4. In applications for laying out or Descriptions altering a sidewalk, the highway along which the walk is to be laid, or the extent to which it is proposed to be changed, shall be described in general terms, and when the application is for the altering or discontinuance of a sidewalk, such walk may be described by any means by which it is known; but if discontinuance of only a portion of the walk is asked for, such portion shall be specified.

application.

(297) § 4575. SEC. 5. In case of an application the com- Notice of missioner shall, within five days after receiving the same, issue a written notice stating the object of such application, and appoint a time and place of hearing, which notice shall be served by posting up the same in three public places in each highway district, along the line of the proposed sidewalk, ten days before the time of hearing.

to determine

(298) § 4576. SEC. 6. The commissioner shall, at the Commissioner time appointed, proceed to examine the route prescribed, and necessity, etc. to ascertain and determine the necessity for laying out, altering or discontinuing a sidewalk pursuant to such application; and within five days after a final determination upon any application, he shall file a full record and return of his doings in the premises, with the township clerk.