with town. which said road runs, of the time when and place where they will meet for that purpose; and in case such land or any part is unoccupied, such notice may be given by posting up the same in (3) three public places in the township. In case the commissioners shall deem it advisable to dis-Order filed continue such road, they shall make and sign an order to ship clerk. that effect, and cause the same to be filed in the office of the township clerk, from and after the time of filing which, such road shall cease to be a public highway, unless an appeal shall be taken from the determination of said commissioners, as hereinafter provided. of commis to owners. Sec. 13. The commissioners of highways, or (1) one of Appointm't them, may, instead of making application for the appoint- sioners. ment as (of) jurors, as provided in section (2) two, of this act, make application to any court of record, for the appointment of (3) three commissioners, whose duty it shall be to ascertain the necessity of taking the property described in such application, and to appraise the damage thereon, if any is claimed. The application shall be in Notice given writing, and describe the premises proposed to be taken for such highway purposes, and notice thereof shall be given, at least (5) five days previous to making such application, to the owners or occupants of lands described in the application, and such notice may be served by the highway commissioners, in the same manner as provided in section three (3) of this act, and such court shall be en- Compensatitled to receive for his services on each application for the court. appointment of commissioners, as provided in this act, the sum of ($1) one dollar. tion of the ers, their compensa tion. Sec. 14. The commissioners so appointed, shall be sworn Commissionby one of the commissioners of highways, to ascertain the duties and necessity of taking the property described in the application, and justly and impartially to appraise the damage thereon, if any is claimed. They shall then proceed to view the premises, and shall, within (5) five days thereaf Damages, Existing highways legalized. Lands given for highway ter, make return of their doings in writing, signed by them, to the township clerk, which return shall state if such road is altered or laid out, the necessity of taking the property described in such application, the amount of damage appraised thereon, to whom payable, if known, and shall be filed in the office of the township clerk. The said commissioners shall be entitled to the same compensation as jurors are, under the provisions of this act. The damages appraised by said commissioners, together with all the costs of the proceeding, shall be levied, collected and paid in the manner prescribed in this act. Sec. 15. If any discontinued highway shall be attached to a tract of land through which a new highway shall be laid out, the same may be taken into consideration, in estimating the damages sustained by the owners, and in estimating the damages which may be sustained by any person owning or interested in said lands, by reason of laying out or altering any highway, the benefit which such persons shall receive thereby, shall be taken into consideration. Sec. 16. All highways heretofore regularly laid out and established in pursuance of existing laws, or statutes heretofore passed by the Legislature and approved by the Governor, are hereby declared to be legal highways, and it shall be the duty of the township clerk to record, in a book to be kept by him for that purpose, all papers filed in his office, relating to the laying out, altering or discontinuing of roads, as provided in this act. Sec. 17. Whenever the owner or owners of lands shall purposes. give the same or any part, thereof, to the township for highway purposes, such owner or owners shall make a statement in writing, signed by him or them, to that effect, and cause the same to be filed in the office of the township clerk, of the township in which such lands are situated, and if a road shall be opened and worked thereon within the time limited by the (25) twenty fifth section of this act, for opening and working highways, the person or persons signing such statement, or any one claiming under him or them, shall be precluded from having any action to recover possession of such land, or any compensation therefor, so long as the same shall be used for such highway purposes. how redres Sec. 18. Any person who shall conceive himself ag-Grievances, grieved by any determination of the commissioners of sed. highways of any township, in discontinuing or refusing to discontinue any road, may, within (10) ten days after such determination, appeal to the township board of such township, but an appeal by one person shall not conclude nor affect the rights of any other person, who shall appeal within the time limited; and the said township board shall suspend all proceedings upon appeals received by them, from any such determination, until the time limited for such appeals shall have expired, to the end that their decision, when made, may embrace the whole subject. whom made Sec. 19. In case of an appeal from a determination of the Appeals, to commissioners of highways of adjoining townships in the same county, or in different counties, relating to a road upon the line of such township, such appeal may be made to the township boards of the said adjoining townships, who shall act jointly in deciding upon the determinations of the said commissioners: Provided, That any commis- Provino. sioner who may be a member of the township board shall not act on such appeal. Sec. 20. Every appeal from a determination of commis- How made. sioners of highways shall be in writing, addressed to the township board or boards, as the case may be, and signed by the party appealing, and shall briefly state the grounds upon which it is made, and whether it is brought to reverse entirely the determination of the commissioners, or only to reverse a part thereof, and in the latter case it shall specify what part. Sec. 21. It shall be the duty of the township boards, to whom the appeal is made, as soon as may be after the time limited for taking such appeals shall have expired, to give notice to the appellant, and to one or more of the commissioners from whose determination such appeal was taken, of the time when they will proceed to view the premises and hear the appeal. Sec. 22. Every such notice shall be in writing and served at least (4) four days before the time mentioned therein, by delivering a copy of the same to the appellant and to one of such commissioners, or by leaving a copy thereof at the dwelling house of such appellant and commissioner. Sec. 23. The said township board or boards shall proceed at the time specified in the notice, to view the premises and to hear the proofs and allegations of the parties, and may adjourn from time to time as may be necessary, and their decision shall be conclusive in the premises, and every such decision shall be reduced to writing, be signed by the township board or boards making the same, and filed by them in the office of the clerk of the proper township, who shall file the same, and give notice thereof to the commissioner of highways, but nothing herein contained shall be construed to prevent a new application under the provisions of this act. Sec. 24. Whenever a highway shall be altered or laid out and the same does not run upon a section line, the commissioners of highways shall, if they shall deem the same necessary, cause an accurate survey to be made of the line of said road, and shall file the minutes of such survey in the office of the township clerk of the township in which such road is situated: Provided, That in all cases where the premises taken for a highway are required to be set out or described, the said premises or the said highway shall be construed to be the parcel of land not less ers to give 60 fences. than (2) two rods wide on each side of the line of survey, and shall be sufficiently set forth and described for all the purposes of this act by setting forth the line of survey. Sec. 25. Whenever a public highway shall have been Commission laid out and established, or altered through any enclosed days noor improved land, and the ascertained damages for such to remove highway shall have been paid or tendered to the owner or occupant, or an order on the treasurer of the proper township for the amount of such damages, shall have been executed and delivered, or tendered to such owner or occupant by said commissioners, said commissioners of highways shall then give the owner or occupant of the land through which said road shall have been laid out or altered, notice thereof, and require him to remove his fence or fences, within such time as they shall deem reasonable, not less than (60) sixty days after giving such notice, and in case such owner or occupant shall neglect or refuse to remove his fence or fences, within the time specified in such notice, the said commissioners shall have full power and authority, and it shall be their duty to enter with such Duties in . aid and assistance as shall be necessary upon the premises sal. and remove such fence or fences, and open such highway without delay, after the time specified in such notice shall have expired: Provided, No person shall be required to Proviso remove his fence or fences between the (1st) first day of April and the (1st) first day of November. case of refo Sec. 26. Every public highway already laid out, no part Limitation. of which shall have been opened and worked within (4) four years from the time of the time of its being so laid out, and every such highway hereafter to be laid out, no part of which shall be opened and worked within the like period, shall cease to be a road for any purpose whatever. Sec. 27. All public highways now in use, heretofore laid Public highout and allowed by any law of this State, or of the late ized. Territory of Michigan, of which a record shall have been ways legal |