Not exceeding one per cent. Proviso. Posting notice of meeting. Proviso. An Act to define and limit the amount of money which may be granted and voted by the qualified electors of townships, for the purpose of erecting town halls or other buildings for the public use of the inhabitants thereof. [Approved March 27, 1867. Laws of 1867, p. 214.] (760.) SECTION 1. The People of the State of Michigan enact, That the inhabitants of each township may, at any legal meeting, by a vote of the qualified electors thereof, grant and vote any sum of money, not exceeding one per cent in any one year upon the assessed valuation of the taxable real and personal estate of such townships, as appears by the last equalized and perfected tax-roll of the townships, for the purpose of erecting a town hall, or other building or buildings required for the public use of such inhabitants, in whole or in part, for township purposes: Provided, That no such vote shall be taken, nor appropriation made, at such legal meeting of any township, unless a notice of intention to move for such a vote and appropriation, signed by at least twelve freeholders of such township, shall have been posted up in five of the most public places in such township, at least ten days previous to the day of such meeting, which said notice shall specify the amount to be raised for such purpose: And provided further, That no money shall be raised by tax until a majority of the qualified electors, voting at such meeting, shall by ballot, authorize the same. CHAPTER XIII. THE DIVISION OF TOWNSHIPS. Disposition of lands on division apportionment of proceeds. Chapter seventeen of Revised Statutes of 1846. (761.) SECTION 1. When a township seized of lands shall be of township, and divided into two or more townships, the township boards of the several 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. alteration of (762.) SEC. 2. When a township shall be altered in its limits, by Proceedings on annexing a part of its territory to another township or townships, township. 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. is made, lands (763.) SEC. 3. If no agreement for the disposition of such lands if no agreement shall be made by the township boards within six months after such to be sold. 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 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. how apportioned in case of di vision, etc. (764.) SEC. 4. When a township possessed of or entitled to Moneys, etc., money, 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. ship boards, how (765.) SEC. 5. Whenever a meeting of the township boards of Meeting of towntwo or more townships shall be required in order to carry into called. 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. (766.) SEC. 6. The preceding sections of this chapter shall not qualification of apply to any cemetery or burying grounds belonging to a town-on preceding sec Debts, how apportioned. ship; but the same shall belong to the township within which it may be situated, after a division shall have been made. (767.) SEC. 7. Debts owing by a township so divided or altered, shall be apportioned in the same manner as the personal property of such township; and each township shall thereafter be charged with, and pay its share of the debts, according to such apportionment. CHAPTER XIV. FENCES AND FENCE-VIEWERS; POUNDS AND THB IMPOUNDING OF CATTLE. What constitutes lawful fence. 17 Mich. 417. Partition fences, how maintained. 17 Mich. 417. Proceedings in Chapter eighteen of Revised Statutes of 1846. FENCES AND FENCE-VIEWERS. (768.) SECTION 1. All fences four and a half feet high, and in good repair, consisting of rails, timber, boards, or stone walls, or any combination thereof, and all brooks, rivers, ponds, creeks, ditches, and hedges, or other things which shall be considered equivalent thereto in the judgment of the fence-viewers within whose jurisdiction the same may be, shall be deemed legal and sufficient fences. (769.) SEC. 2. The respective occupants of lands enclosed with fences shall keep up and maintain partition fences between their own and the next adjoining enclosures, in equal shares, so long as both parties continue to improve the same. (770.) SEC. 3. In case any party shall neglect to repair or rebuild to repair or re- any partition fence, which of right he ought to maintain, the case of neglect build. 17 Mich. 417. aggrieved party may complain to two or more fence-viewers of the township, 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. complainant for repairs, etc. 17 Mich. 417. (771.) SEC. 4. When any deficient fence, built up or repaired by Remedy of any complainant as provided in the preceding section, shall be adjudged sufficient 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. troversy, fence sign. (772.) SEC. 5. When any controversy shall arise about the rights In case of conof the respective occupants in partition fences, or their obligation viewers to asto maintain the same, either party may apply to two or more fence- 17 Mich. 417. 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 within which each party shall erect or repair his share of the fence in the manner before provided; which assignment, being recorded in the township clerk's office, shall be binding upon the parties, and upon all the succeeding occupants of the lands; and they shall be cbliged always thereafter to maintain their respective portions of said fence. lect, etc., party maintaining (773. SEC. 6. In case any party shall refuse or neglect to erect In case of negand maintain the part of any fence assigned to him by the fence- erecting and viewers, the same may be erected and maintained by the aggrieved fonce entitled to party, in the manner before provided; and he shall be entitled to 17 Mich. 417. double the value thereof, ascertained in the manner aforesaid, and to be recovered in like manner. double the value to pay for por assigned to him. (774.) SEC. 7. When, in any controversy that may arise between when occupant occupants of adjoining lands as to their respective rights in any tion of fence partition fence, it shall appear to the fence-viewers that either of the occupants had, before any complaint made to them, voluntarily erected the whole fence, or more than his just share of the same, or otherwise become proprietor thereof, the other occupant shall pay for so much as may be assigned to him to repair or maintain, the value of which shall be ascertained and recorded in the manner provided in this chapter. Partition fences to be kept re (775.) SEC. 8. All partition fences shall be kept in good repair paired through throughout the year, unless the occupants of the lands on both sides shall otherwise mutually agree. the year. When lands bounded or divided by river, etc., and parties ers may be had. (776.) SEC. 9. When lands of different persons, which are required to be fenced, are bounded upon, or divided by, any river, brook, disagree, view pond, or creek, which of itself, in the judgment of the fence-viewers, is not a sufficient fence, and it is in their opinion impracticable, without unreasonable expense, for the partition fence to be made in such waters, in the place where the true boundary line is, if in such case the occupant of the land on the one side shall refuse or neglect to join with the occupant of the land on the other side in making a partition fence on the one side or the other, or if such persons shall disagree respecting the same, then two or more fence-viewers of the township wherein such lands lie, on application to them made, shall forthwith proceed to view such river, brook, pond, or creek. Proceedings of fence viewers. When lands owned in seyeralty have been occupied in common, any occupant may have lines divided. When viewers (777.) SEC. 10. If such fence-viewers shall determine such river, brook, pond, or creek, in the preceding section mentioned, not to answer the purpose of a sufficient fence, and that it is impracticable, without unreasonable expense, to build a fence on the true boundary line, they shall, after giving notice to the parties, determine how, or on which side thereof, the fence shall be set up and maintained, or whether partly on one side and partly on the other side, as to them shall appear just, and shall reduce such determination to writing, and sign the same; and if either party shall refuse or neglect to make and maintain his part of the fence, according to the determination of the fence-viewers, the same may be made and maintained by the other party as before provided in this chapter, and the delinquent party shall be subject to the same charges and costs, to be recovered in like manner. (778.) SEC. 11. When any lands, belonging to different persons in severalty, shall have been occupied in common, without a partition fence between them, and one of the occupants shall be desirous to occupy his part in severalty, and the other occupant shall refuse or neglect, on demand, to divide with him the line where the fence ought to be built, or to build a sufficient fence on his part of the line when divided, the party desiring it may have the same divided and assigned by two or more fence-viewers, of the same township, in the manner provided in this chapter. (779.) SEC. 12. Upon the division and assignment as provided may assign time in the preceding section, the fence-viewers may, in writing, under for making fence; conse quence of neglect their hands, assign a reasonable time for making the fence, having |