not be removed.

(1297.) SEC. 9. No person shall be required to move any fence When fence may under the above provisions, except between the first day of November and the first day of April, unless the same shall have been made within three months next before the making of the order for the removal thereof.

pant of land for

not removing

fallen trees, etc.

(1298.) SEC. 10. If any tree shall fall, or be fallen by any person, Penalty on occufrom any occupied land, into any highway, any person may give notice to the occupant of the land from which such tree shall have fallen to remove the same in two days; and if such tree shall not be removed within that time, but shall continue in such highway, such occupant shall forfeit the sum of fifty cents for every day thereafter, until such tree shall be removed.

ing trees into

(1299.) SEC. 11. In case any person shall cut down or fall any Liability for falltree on enclosed land not occupied by him, so that it shall fall into highway. any highway, unless by the order or consent of the occupant, such person shall pay to the occupant of such land the sum of one dollar for every day the same shall remain in such highway, together with all other damages which such occupant may sustain, to be recovered as damages in an action of trespass, or on the case. (1300.) SEC. 12. Whoever shall obstruct the navigation of any Penalty for obriver or stream, which now is or may hereafter be declared a pub- etc. lic highway, by falling any tree therein, or by putting into any river or stream so declared a public highway, any refuse lumber, slabs, or other waste materials, on conviction thereof shall forfeit the sum of five dollars for any such offense.

structing rivers,

CHAPTER XXVIII.

THE ERECTION, REPAIRING, AND PRESERVATION

OF BRIDGES.

When moneys

may be raised for

Chapter twenty-seven of Revised Statutes of 1946.

(1301.) SECTION 1. Whenever it shall appear to the board of building bridges. supervisors of any county that any one of the townships in such county would be unreasonably burthened, by erecting or repairing any necessary bridge or bridges in such township, such board of supervisors may cause such sum of money to be raised and levied upon the county as will be sufficient to defray the expenses of erecting or repairing such bridge or bridges, or such part of such expenses as they may deem proper; and such moneys, when collected, shall be paid to the township treasurer of the township in which the same are to be expended, and be applied by the commissioners of highways of such township to the purpose for which the same was raised.

Limitation of amount.

Notice on certain bridges relative to riding or driving.

(1302.) SEC. 2. No board of supervisors shall, under the provisions of the preceding section, cause any sum exceeding one thousand dollars to be raised and levied in any county in any one

year.

(1303.) SEC. 3. The commissioners of highways of any township, or common council of any city, or organized company, or the village council of any village, may put up and maintain, at the expense of their township, city, or company, or village, as the case may be, in conspicuous places at each end of any bridge in such township, city, or village, maintained at the public or company charge, and the length of whose chord is not less than twenty-five feet, a notice with the following words in large characters: "One dollar fine for riding or driving on this bridge faster than a walk;"

and in case such bridge shall be over one hundred feet in length, or shall have a draw or turn-table therein for the purpose of opening the same, such notice may be: "Ten dollars fine for riding or driving on this bridge faster than a walk, or for driving on more than ten head of cattle at a time;" or such other sum, not to exceed twenty-five dollars, may be mentioned in such notice as the said commissioners of highways of any township, common council of any city, or organized company, or the village council of any village under whose control and management any such bridge may be, shall deem proper.'

violation.

(1304.) SEC. 4. Whoever shall ride or drive faster than a walk, or Penalty for shall drive more than ten head of cattle at a time, upon any bridge upon which such notice shall have been placed, and shall there be, shall forfeit for every such offense the sum mentioned in such notice, and the same may be collected in the name of such highway commissioners, city, company, or village authorities, as the case may be, or by criminal prosecution.'

juring bridge.

struction of cer

(1305.) SEC. 5. Whoever shall injure any bridge maintained at Penalty for inthe public charge shall, for every such offense, forfeit treble damages. (1306.) SEC. 6. If any bridge over any stream intersected by a Injury or dehighway in any township in this State, or in any village incorpo- tain bridges. rated under the general law for the incorporation of villages, or in any city or village not having, by the terms of its charter, the exclusive control of the construction and repair of any such bridges, and not being within the corporate limits of any city or village above excepted, has been within the last year, or shall hereafter be injured or destroyed by the occurrence of a freshet, or from any other cause, it shall be the duty of the highway com- Duty of commissioners of such township, on application in writing signed by at least six freeholders thereof, to proceed with all convenient dispatch to repair or reconstruct such bridge as the case may require, under the personal supervision of one of their number, or by letting a contract therefor, under existing provisions of law: Pro- Proviso. vided, That a majority of the highway commissioners of such township shall, upon a personal examination of the situation, determine that the public interest and convenience require such repairs to be made, or that such bridge ought to be rebuilt: And provided, That the sum to be expended for such repairs or recon

1 As amended by.Act 118 of the Laws of 1871, p. 188, approved April 13, 1871.

missioners.

Payment for labor for the same.

Moneys, how

raised therefor.

struction shall not in any one year exceed one thousand dollars in any one organized township.1

(1307.) SEC. 7. In payment for the labor performed, materials furnished, and necessary expenses incurred, for the purpose in the last preceding section specified, the said highway commissioners are hereby authorized to draw and issue their orders upon the township treasurer, redeemable out of the proceeds of the tax to be levied and collected therefor in the manner provided by the following section.'

(1308.) SEC. 8. For the purposes of levying and collecting such tax, the said highway commissioners shall furnish the township clerk with the amount of all the orders drawn by them for the objects aforesaid, on or before the first Monday of October thereafter; and the said township clerk shall thereupon include such amount in the statement of moneys to be raised for township purposes, to be by him delivered to the supervisor, under the provisions of existing law.9

Owners and oc

cupiers of mills

works to main

their races.

An Act to oblige the owners or occupiers of mills, or other water-works, to keep bridges over their races crossing public highways.

[Approved February 13, 1855. Laws of 1855, p. 347.]

of

(1309.) SECTION 1. The People of the State of Michigan enact, and other water- That it shall be the duty of all owners, occupiers, or possessors tain bridges over mills or other water-works, where any race or races appertaining to the same may cross a public highway, to keep a good and sufficient bridge or bridges, not less than fourteen feet in width, with a substantial railing on each side thereof, over the same, except wheresaid mills have been erected and the races dug previous to the formation of said highway.

Duty of highway commissioners

(1310.) SEC. 2. In all cases where the owner or owners, occuin case of neglect piers, or possessors of any such mill or mills, or other water-works, shall refuse or neglect to make such bridge or bridges, or shall refuse or neglect to keep the same in good repair, it shall be the duty of the commissioners of highways of the township in which such highway may be, to proceed forthwith to erect or repair such bridge or bridges, at the expense of the person or persons whose duty it was to have erected or repaired such bridges.

1 As amended by Act 32 of the Laws of 1867, p. 40, approved and took effect February 28, 1867.

2 Added by Act 187 of 1848, p. 171.

charge against

(1311.) SEC. 3. The expenses so made or incurred by said com- Expense a legal missioners of highways, in erecting or repairing such bridge or owners, etc. bridges, shall be a legal charge against the owner or owners, occupiers, or possessors of such mill or mills, or other water-works, and it shall be the duty of the said commissioners of highways to prosecute the person or persons so chargeable, on an action of assumpsit, for the expenses so made or incurred, and to cause the damages recovered in such prosecution to be applied towards the payment of said expenses.

suit to recover

(1312.) SEC. 4. Whenever an action of assumpsit shall be brought, Declaration in under the provisions of this act, for the recovery, of expenses made expenses. or incurred in erecting or repairing any such bridge or bridges, it shall be sufficient, without setting forth the special matter, to allege in the declaration that the defendant, being indebted to the plaintiff in the amount of such expenses, according to the provisions of this act, referring to the same by its title and date of approval, undertook and promised to pay the same to the plaintiff; and to every such declaration the defendant may plead the Defense. general issue, and may give in evidence, under such plea, any special matter in bar of the action, or in discharge of the defendant, in the same manner and with like effect as if a special notice thereof had been given.

This act shall take effect immediately.

An Act to provide for the preservation of bridges in certain cases.

[Approved March 1, 1861. Laws of 1861, p. 120.]

to erect piers, bridges.

etc., to protect

(1313.) SECTION 1. The People of the State of Michigan enact, Commissioners That the commissioners of highways of the several townships in this State may and they are hereby authorized to erect any piers or booms, or drive any piles, or do any other act not incompatible with the general laws of this State in such cases made and provided, when necessary for the preservation or protection of bridges over any streams in this State, against the running of logs, or running or rafting of timber or lumber, or against freshets or any other cause: Provided, That nothing in this act shall be so con- Proviso. strued as to authorize the commissioners of highways, in the protection or preservation of bridges, in any way materially to hinder or obstruct the navigation of the streams of this State. (1314.) SEC. 2. The commissioners of highways shall receive the same compensation as is by law allowed in other cases; and all

Compensation therefor.