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section four thousand six hundred eighty-six to section four thousand six hundred eighty-nine, both inclusive; section four thousand six hundred ninety-one to section four thousand seven hundred six, both inclusive; section four thousand seven hundred eleven to section four thousand seven hundred thirty, both inclusive; section four thousand seven hundred thirty-three to section four thousand seven hundred fortyfive, both inclusive, of the compiled laws of nineteen hundred fifteen as amended and as supplemented by act number one hundred twenty-five of the public acts of nineteen hundred seventeen. It is the legislative intent and purpose in this matter for the purpose of effectuating this act to make applicable hereto, in those counties in which the county road system, so-called, shall not have been adopted, all the rights, duties, privileges, prerogatives, restrictions and limitations which are created and imposed by the said sections and by the said act number one hundred twenty-five.
(540) Sec. 12. Upon the completion of any such bridge Bridge to be the same shall be and become a public highway and shall
public highthereafter be maintained and repaired as such by said county.
(541) SEC. 13. The limitation as to the sums which may Tax limit, be raised by taxation by the county for all highway purposes whether authorized by this, or other statutes, shall not exceed in any one year five dollars for each one thousand dollars of assessed valuation for the preceding year; and the limitation as to sums which may be raised under this act by borrowing upon the faith and credit of the county shall not, with the existing indebtedness of such county, exceed three per cent of its assessed valuation, except that in counties having an assessed valuation of five million dollars or less, where such limitation last named shall not exceed five per cent of the assessed valuation of such county. Nor shall the board of road commissioners or the board of supervisors, as the case may be, borrow in any one year upon the faith and credit of the county, either under the provisions of this, or any other act providing for the construction or repair of Referendum. public buildings or bridges, any sum in excess of one tenth of one mill on the assessed valuation of the county unless submitted to the electors of the county and approved by a majority of those voting thereon; except, however, in any county where the assessed valuation is less than ten million dollars, either said boards may borrow for such purposes to the amount of one thousand dollars. (542) Sec. 14. In the event of any owner of property Recovery of
damages. or property rights abutting upon or adjoining said highway, or any township, village or municipality adjoining said stream, being damaged or injured in his or its property or property rights, or the value thereof by reason of the erection of said bridge, the person or persons, township, village or municipality so damaged or injured shall be entitled to recover the money value of such injury or damage suffered, from the county in which said bridge is constructed. Action Action, how for the recovery of damages shall be instituted by the fustituted.
person or persons, township, village or municipality injured or damaged, in the circuit court for the county in which said bridge is constructed, and such action shall be commenced within one year from the time when said bridge shall be
fully completed. Service of (543) SEC. 15. Said action may be commenced by sum
mons, in which the county in 'which said bridge is construced shall be specified as party defendant, and service of said summons by the sheriff or other proper officer of the county
upon any member of the board of supervisors of such county When served, shall be sufficient for all purposes. Said summons shall be
served by the sheriff or other proper otficer at least five days before the return day thereof, by exhibiting the original
and delivering a copy of the original. If for any cause servpluries
ice shall not be made in accordance with the foregoing, alias
and pluries summons may be issued by the court in which Service action is instituted, as in other civil cases. Service of such binding.
summons shall be sufficient notice of the proceedings to bind the defendant and the property represented by it. The return of the officer upon the summons of due service, shall be filed in the clerk's office before a jury shall be impaneled, and shall be sufficient evidence of service on the defendant
and of the manner of service. Form of
(544) SEC. 16.
Sec. 16. All pleadings in said cause, and all propleadings, etc.
ceedings thereon shall be in such form as is required under
the general laws of this state. Tax levy for (545) Sec. 17. The damages awarded by the jury in such damages.
cause, and the expenses thereof shall be paid by such county, to be raised by a general tax to be levied and collected according to the law with reference to general taxes in such county.
This act is applicable only in Wayne county.
LIGHTING OF HIGHWAYS IN UNINCORPORATED
An Act to provide for the lighting by artificial means of the highways
in unincorporated villages by the township board and to provide for the payment of the expense so incurred.
(Act 264, P. A. 1917.)
Authority for lighting.
The People of the State of Michigan enact: (546) SECTION 1. The township board of any township in which there is situated an unincorporated village may by a majority vote of such board at any regular meeting or any special meeting called for that purpose, provide for the lighting by artificial means of any of the highways in such village and the expense of such lighting shall be paid out of the high
village in two
way improvement fund: Provided, That there shall be not proviso, sum
limited. more than the sum of two hundred fifty dollars spent in any one year for the purpose herein provided for: Provided also,
Proviso, when That where such unincorporated village is situated in two or or more
townships. more townships, such provision shall be made by a majority vote of all the township boards in which such village shall be situated at a joint meeting of such township boards held for
meeting. that purpose and the proportion of such expense to be paid by each of such townships shall be determined at such joint meeting.
(547) SEC. 2. When provision for lighting such unincor- Installation, porated village shall have been made in accordance with tion one of this act, it shall be the duty of the highway commissioner of such township to have general supervision over the installing and maintenance of such lighting system under the direction of the township board: Provided, That Proviso, when where such village shall be situated in two or more townships
townships. it shall be determined at the joint meeting of such township boards which one of the township highway commissioners shall have such supervision.
village in two or more
PLANTING TREES ALONG HIGHWAYS.
An Act to regulate the planting of ornamental, nut bearing or other
food producing trees along the highways of the state of Michigan, or in public places, and for the maintenance, protection and care of such trees and to provide a penalty for injury thereof, or for stealing the products thereof.
(Act 36, P. A. 1919.)
The People of the State of Michigan enact: (548) SECTION 1. The state highway commissioner and Authority to the state board of agriculture, acting jointly hereunder, shall plant. have authority and it shall be their duty to select and plant, by seed, scions or otherwise, ornamental, nut bearing, or other food producing trees, (to be supplied by the public domain commission, or the Michigan agricultural college, as may be recommended or approved by the division of agriculture of said college,) suitable for shade trees, along the state trunk line highways and all other highways of the state of where placed. Michigan, upon which state reward has been paid or earned : Provided, That in no case shall such trees be planted except sent of owner. by and with the consent of the owner of the property adjoining such highway. The state highway commissioner shall Rules and establish rules and regulations for uniform planting or proper placing of all trees under the provisions of this act, and all such trees shall belong to the state, but the products thereof shall belong to the owners of the adjacent land. Nothing Trees now
growing herein contained shall authorize the state highway commis
sioner, or the state board of agriculture to cut down or interfere with shade trees now growing along any such high
way, without permission in writing from the owner of the Expenses, adjoining property. All expenses incurred in carrying out
the provisions of this section shall be paid out of any moneys
in the state highway fund that may be available therefor. Appropria- (549) SEC. 2. Counties, townships, cities and villages tions by counties, etc. may annually appropriate money to be used in planting,
pruning and protecting, and whenever necessary in acquiring shade, nut bearing and ornamental trees to be placed along
and within public highways within the respective limits of Expenditure said municipalities. The expenditure of any such fund shall
be vested in the highway commissioner of the township upon township roads, in the county highway commissioner in the case of county roads, and in the proper highway authorities
of the city or village as the case may be. Bounty for (550) Sec. 3. The owner of any real estate in the state
, certain high- of Michigan that borders upon a legal highway upon which
state reward has not been paid, shall have the right to plant said approved ornamental, nut bearing, or other food producing trees along the line of said highway adjoining said land, and shall receive annually a credit of five cents upon his highway repair tax for each tree so planted by him and growing in good order, not less than six feet in height when planted and not less than twenty and not more than forty
feet apart. All of said trees and their products shall belong Proviso. to the owner of said land: Provided, That no bounty shall
be paid or deduction allowed under the provisions of this section upon any one tree or row of trees for a longer period than five years. The owner of such trees shall have the care thereof and shall have the duty and responsibility
for the trimming, spraying and cultivation thereof. Securing of (551) SEC. 4. The Michigan agricultural college and pubauthorized lic domain commission are hereby authorized to grow and
acquire suitable seeds, scions or trees for planting under the provisions of this act, and to establish proper rules and regulations for distributing the same at nominal cost, or otherwise, to counties, townships, cities, villages, and citizens of the state for the aforesaid purposes, and also for
state parks or other public places. Penalty for defacing,
(552) SEC. 5. It shall be unlawful to cut, destroy, injure, deface or break any ornamental, nut bearing, food producing or shade tree upon any public highway or place, except where such trees shall interfere with the proper construction or maintenance of such highways. It shall be unlawful to affix to any such tree any picture, announcement, play-bill, notice or advertisement, or to paint or mark such tree, except for the purpose of protecting it, or to negligently per
mit any animal to break down, injure or destroy any such Penalty. tree within the limits of any public highway. Any person
violating any of the provisions of this act shall be guilty
of a misdemeanor and on conviction thereof shall be punished by a fine of not less than one dollar or more than twenty-five dollars, and in default of payment of any such fine may be imprisoned in the county jail for a period not exceeding thirty days. Such person shall be liable to the Liability to owner of the trees for treble the amount of damages sustained.
See section 324.
MOTOR VEHICLES ON HIGHWAYS.
[ Extract from Act 302, P. A. 1915.)
(553) § $ 4812. SEC. 16. Brakes, horns, lamps, et cetera. Adequate
, Every motor vehicle, operated and driven upon the public brakes.
. highways of this state, shall be provided with adequate brakes sufficient to control the vehicle at all times and a suitable and adequate bell, horn or other device for signaling and shall signaling
device. during the period from one hour after sunset to one hour before sunrise display at least one lighted lamp on the front Lights. and one on the rear of such vehicle, which shall also display a red light visible from the rear. The white rays of such rear lamp shall shine upon the number plate carried on the rear of such vehicle. The light of the front lamp shall be Visibility. visible at least two hundred feet in the direction in which the motor vehicle is proceeding. Every motor vehicle or other Dimmers. vehicle equipped with and using electric light or lights upon any of the public highways of this state, shall be provided and equipped with some practical and efficient device or devices whereby the forward light or lights of such vehicle may be dimmed or lessened at the will of the driver or chauffeur to such an extent that such electric light or the reflection therefrom through said forward light or lights will not interfere with the sight of nor temporarily blind the vision of the driver of an approaching vehicle; and it shall Duty to dim. be the duty of every chauffeur or driver of such motor vehicle or other vehicle equipped with and using electric lights upon the public highways of this state to effectually apply such dimmer to the forward light or lights of the vehicle being driven by him and cause such light or lights to be dimmed and lessened so as not to interfere with the sight or temporarily blind the vision of the driver of any approaching vehicle: Pro- Proviso, vided, That motor bicycles or motor cycles shall be required to light:
motor cycle display but one lighted lamp, such lamp to be placed on the visibility. front of the vehicle so that it shall be visible one hundred feet in the direction in which the motor vehicle is proceeding. There shall be displayed on the face of such lamp Number on
. the registration number in figures not less than one inch in lamp face. height, and placed thereon in such manner so that when the