for that purpose, at the expense of the township, and to be delivered to his successor in office.

TITLE IV. CHAPTER 16.

SEC. 79. On the Tuesday next preceding the annual township To settle with meeting, he shall account with the township board of the township, township board. for all moneys received or disbursed by him.

Constables.

give security.

SEC. 80. Every person elected or appointed to the office of consta- Constables to ble, before he enters upon the duties of his office, and within the time prescribed by law for filing his official oath, shall execute, in the presence of the supervisor or clerk of the township, with one or more sufficient sureties, to be approved of by such supervisor or township clerk, an instrument in writing, by which such constable and his sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may become liable to pay, on account of any execution that may be delivered to him for collection.

filing security.

SEC. 81. Such supervisor or township clerk shall endorse on such in- Approval and strument, his approbation of the sureties therein named, and shall then cause the same to be filed in the office of the township clerk, and a copy of such instrument, certified by the township clerk, shall be presumptive evidence of the contents and execution thereof, and all actions against a constable or his sureties, upon any such instrument, shall be prosecuted within two years after the expiration of the year for which the constable named therein shall have been elected.

SEC. 82. Constables shall serve all warrants, notices and process To serve war lawfully directed to them by the township board, or the township clerk, rants, notices, &c or any other officer, and shall perform such other duties as are required of them by law.

SEC. 83. Any constable may serve any writ, process or order lawfully directed to him, in any township in his county.

SEC. 84. Constables shall be ministerial officers of justices of the peace, and shall attend upon the sessions of the circuit courts for their respective counties, when notified for that purpose by the sheriff.

Commissioners and Overseers of Highways.

Constable may

serve process
in any township

in his county.

Constables ministerial officers, and to attend courts.

Penalty on com.

SEC. 85. Every commissioner of highways, and every overseer of highways, having accepted his office, shall, for every neglect of the missioners aud duties of his office, forfeit the sum of ten dollars.

overscers of highways for

May be indicted

SEC. 86. Any of the said commissioners or overseers of highways, neglect of duty, may be prosecuted by indictment, for any deficiency in the highways for deficiency in within his limits, occasioned or continued by his fault or neglect; and highways. on conviction thereof, may be fined in any sum not exceeding fifty dollars.

SEC. 87. Each of the said commissioners of highways, before enter- Commissioners ing upon the duties of his office, and within the time limited by law to give bond. for filing his official oath, shall give bond to the township in the penal sum of five hundred dollars, with one or more sufficient sureties to be 1840, p. 81. 52, approved by the supervisor, or by the township clerk, conditioned 1841, p. 158, $1. for the faithful performance of the duties of his office.

filing bond.

SEC. 88. The supervisor or township clerk shall endorse his appro- Approving and val on such bond, and shall cause the same to be filed with the township clerk, who shall safely keep the same in his office.

SEC. 89. The township clerk of each township shall be the clerk of the

TITLE IV.

CHAPTER 16.

Clerk of commissioners, his duties.

that

board of commissioners of highways, and shall, under their direction, record their proceedings in a suitable book to be provided by him for purpose at the expense of his township, and shall keep an accurate account of all orders drawn by them on the township treasurer, 1841, p. 159, § 2 stating the amount of each, and in whose favor the same was drawn ; and all books and papers relating to the business of said commissioners, shall be preserved and kept by him in his office.

and 3.

of the peace.

Justices of the Peace.

SEC. 90. Each justice of the peace elected to fill a vacancy, and Oath of justices each justice elected for a term less than four years, within ten days after notice of his election, and each justice of the peace elected for the full term of four years, on or before the fourth day of July next after his election, shall take and subscribe his oath of office before some officer authorized to administer oaths, and file the same with the county clerk.

security.

SEC. 91. Each justice of the peace, before he enters upon the duties Justices to give of his office, and within the time limited by law for filing his official oath, shall execute in the presence of the supervisor of his township, or of the county clerk, with one or more sufficient sureties to be approved of by such supervisor or county clerk, an instrument in writing, by which such justice and his sureties shall jointly and severally agree to pay to each and every person entitled thereto, all such sums of money as such justice shall become liable to pay, for, or on account of any money which may come into his hands as a justice of the peace, upon demand thereof made by such person, his agent or attorney.

Approval of

of instrument.

SEC. 92. Such supervisor or county clerk shall endorse on such insureties and filing strument, his approval of the sureties therein named, and such justice shall then cause the same to be filed in the office of the county clerk, and a copy of such instrument, certified by such clerk under his hand and seal, shall be presumptive evidence of the contents and execution thereof.

When and how

justice and sure

&c.

SEC. 93. If any justice of the peace shall fail to comply with such ties may be sued, agreement, it shall be competent for any person to whom such justice shall have become liable by reason of such failure, to sue such justice and his sureties, or any of them in assumpsit, and to declare against them generally, for money had and received to the use of the plaintiff, and if the plaintiff uo the trial of such suit, shall establish his right to recover, he shall have judgment for principal, interest and costs. SEC. 94. If any justice of the shall enter upon peace the execution of his office, before having filed his official oath, or such agreement as aforesaid, as required by law, he shall forfeit the sum of one hundred dollars.

Penalty for en. tering upon his office without

filing oath, &c.

Compensation of

Compensation to Township officers.

SEC. 95. The following township officers shall be entitled to comcertain township pensation at the following rates for each day actually and necessarily devoted by them to the service of the township, in the duties of their respective offices, to be verified by affidavit in all cases:

officers, for certain services.

1. The officers composing the township board, assessors, inspectors of elections, clerks of the poll, commissioners of highways, school inspectors and directors of the poor, one dollar a day, and at the same rates for parts of a day :

2. The township clerk, as clerk of the board of commissioners of

TITLE IV.

highways, of the township board, and of the board of school inspect- CHAPTER 16. ors, one dollar a day, and at the same rates for parts of a day;, but

no township officer shall be entitled to pay for acting in more than one capacity at the same time.

ces.

SEC. 96. For services not otherwise provided for by law, rendered Compensation to townships by township officers in the duties of their respective of- for other servi fices, the township board shall audit and allow such compensation as they shall deem reasonable.

Township Business, other than Elections.

township meet

SEC. 97. In the transaction of any business other than the election of officers in any township meeting, the supervisor, if present, shall be Moderator of the moderator of the meeting; and if he shall not be present, any ing.. other of the inspectors of election, except the clerk, who shall be designated by the inspectors present, shall be the moderator; or the meeting, under the direction of the inspectors present, may elect, viva voce, a moderator of the meeting.

Powers and du

SEC. 98. The moderator shall preside in, and regulate the proceedings of the meeting; he shall decide all questions of order, and make ties of moderator public declaration of all votes passed; and when any vote so declared by him shall immediately upon such declaration be questioned by seven or more of the voters, he shall make the vote certain by polling the voters, or dividing the meeting, unless the township shall by a previous vote, or by their by-laws, have otherwise provided.

SEC. 99. No person shall address the meeting before permission obtained of the moderator, nor while any other person is speaking by his permission; and all persons at such meeting shall be silent at the request of the moderator.

Ib.

duct at township

SEC. 100. If, at any township meeting any person shall conduct Disorderly conhimself in a disorderly manner, and after notice from the moderator, meetings. shall persist therein, the moderator may order him to withdraw from the meeting; and on his refusal, may order the constables or any other persons to take him into custody until the meeting be adjourned.

SEC. 101. Any person who shall refuse to withdraw from such Penalty for dis. meeting, on being ordered by the moderator to do so, as provided in regarding order the preceding section, shall for every such offence forfeit a sum not ex- of moderator. ceeding twenty dollars.

Qualifications of Voters and Officers.

no

challenges.

SEC. 102. Each inhabitant of any township, having the qualifica- who may vote, tions of an elector, as specified in the constitution of this state, and other person, shall have a right to vote on all matters and questions before any township meeting, and when any person claiming the right to vote shall be challenged by a voter, the moderator shall proceed in the same manner as on challenges at the election of township officers. SEC. 103. No person, except an elector as aforesaid, shall be eligi- Eligibility to of ble to any elective office contemplated in this chapter.

City of Detroit and Monroe.

fice.

Cities of Monroe

ditional justices.

SEC. 104. The cities of Detroit and Monroe respectively, shall continue to have and exercise all the powers and privileges, and be sub- and Detroit, adject to all the duties and liabilities conferred or imposed upon them, 1836, p. 23, § 17, respectively, by law; and two additional justices of the peace shall 1840, p. 27, 1840, continue to be chosen in the township of Monroe, and two in the city

p. 157,

TITLE IV.

CHAPTER 17.

of Detroit, in the same manner, and with the like powers, and subject to the same duties and liabilities, as provided in this chapter, in relation to the election, powers, duties and liabilities of justices of the

peace.

CHAPTER 17.

Disposition of

apportionment of proceeds.

OF THE DIVISION OF TOWNSHIPS.

SECTION 1. When a township seized of lands shall be divided into lands on division two or more townships, the township board [boards] of the several of township, and townships constituted by such division, shall meet as soon as may be after the first township meetings subsequently held in such townships, and when so met shall have power to make such agreement concerning the disposition to be made of such township lands, and the apportionment of the proceeds in case of a sale thereof, as they shall think equitable, and to take all measures, and execute all conveyances which may be necessary to carry said agreement into effect.

Proceeding on alteration of township.

If no agreement

be sold.

SEC. 2. When a township shall be altered in its limits by annexing a part of its territory to another township or townships, the township board of the township from which such territory shall be taken, and of the township or townships to which the same shall be annexed, shall, as soon as may be after such alteration, meet for the purpose, and possess the powers provided in the preceding section..

SEC. 3. If no agreement for the disposition of such lands shall be is made, lands to made by the township board [boards] within six months after such alteration or division, then the township board of each township in which any portion of such lands shall lie, shall proceed as soon as may be thereafter, to sell and convey such part of said lands as shall be included within the limits of such township; and the proceeds arising from such sale shall be apportioned between the several townships interested therein, by the township board [boards] of all such townships, according to the amount of taxable property in the township divided or altered, as it existed immediately before such division or alteration, to be ascertained by the last assessment roll of such township.

Moneys, &c., how apportioned ion, &c.

SEC. 4. When a township possessed of, or entitled to money, in case of divis rights and credits, or other personal estate, shall be so divided or altered, such moneys, rights, credits and personal estate, including moneys belonging to the township, in the hands of township officers, shall be apportioned between the townships interested therein, by the township boards of such townships, according to the rule of apportionment above prescribed; and they shall meet for that purpose as soon as may be after the first township meetings subsequently held in such townships.

Meeting of town. ship boards, how called.

SEC. 5. Whenever a meeting of the township boards of two or more townships shall be required, in order to carry into effect the provisions of this chapter, such meeting may be called by either of the supervisors; but the supervisor calling the same shall give at least six days' notice in writing to all the other officers, of the time and place at which such meeting is to be held.

TITLE IV.

CHAPTER 18.

SEC. 6. The preceding sections of this chapter shall not apply to any cemetery or burying ground belonging to a township; but the same shall belong to the township within which it may be situated, Qualification of after a division shall have been made.

preceding sec
tions.
Debts, how ap

SEC. 7. Debts owing by a township so divided or altered, shall be apportioned in the same manner as the personal property of such portioned. township; and each township shall thereafter be charged with, and pay its share of the debts, according to such apportionment.

CHAPTER 18.

OF FENCES AND FENCE VIEWERS; OF

POUNDS AND THE IMPOUNDING

OF CATTLE.

Fences and Fence Viewers.

SECTION 1. All fences four and a half feet high, and in good repair, what constitutes consisting of rails, timber, boards, or stone walls, or any combination lawful fence. thereof, and all brooks, rivers, ponds, creeks, ditches and hedges, or other things which shall be considered equivalent thereto, in the judg ment of the fence viewers within whose jurisdiction the same may be, shall be deemed legal and sufficient fences.

SEC. 2. The respective occupants of lands enclosed with fences, Partition fences, shall keep up and maintain partition fences between their own and the how maintained. next adjoining enclosures, in equal shares, so long as both parties con

tinue to improve the same.

case of neglect

SEC. 3. In case any party shall neglect to repair or rebuild any Proceedings in partition fence, which of right he ought to maintain, the aggrieved to repair or reparty may complain to two or more fence viewers of the township, build. who, after due notice to each party, shall proceed to examine the same; and if they shall determine that the fence is insufficient, they shall signify the same in writing to the delinquent occupant of the land, and direct him to repair or rebuild the same within such time as they shall judge reasonable; and if such fence shall not be repaired or rebuilt accordingly, it shall be lawful for the complainant to repair or rebuild the same.

pairs, &c.

SEC. 4. When any deficient fence, built up or repaired by any com- Remedy of complainant as provided in the preceding section, shall be adjudged suff- plainant for recient by two or more of the fence viewers, and the value of such repairing or building up, together with their fees, shall be ascertained by a certificate under their hands, the complainant shall have a right to demand, either of the occupant or owner of the land where the fence was deficient, double the sum so ascertained; and in case of neglect or refusal to pay the sum so due, for one month after demand thereof made, the complainant may recover the same, with interest at one per cent a month, in an action for money paid, laid out and expended.

viewers to as

SEC. 5. When any controversy shall arise about the rights of the In case of conrespective occupants, in partition fences, or their obligation to main- troversy, fence tain the same, either party may apply to two or more fence viewers of the township where the lands lie, who, after due notice to each party, may in writing assign to each his share thereof, and direct the time

sign.