expenses incident to the protection and preservation of bridges, as above provided, shall be allowed and paid as other expenses for building or repairing bridges and highways. SEC. 3. This act shall take effect immediately. CHAPTER XXIX. MISCELLANEOUS PROVISIONS OF A GENERAL When trees, etc., to be for use of owner of land. Chapter twenty-eight of Revised Statutes of 1846. (1315.) SECTION 1. All trees standing or lying on any land over which any highway shall be laid out, shall be for the proper use of the owner of such land, or person otherwise entitled thereto, except such of them as may be requisite to make or repair the highways or bridges on the same land, or within one mile of the same; but no trees reserved for shade or ornament shall be used for such purposes. Section amended Permission to plant trees. Distance. An Act relating to the planting of trees or shrubs in the highway, being "An act to amend section (1111) eleven hundred and eleven, being section two of chapter twenty-five of the Compiled Laws, and to add two new sections thereto." [Approved March 27, 1867. Laws of 1867, p. 188.] SECTION 1. The People of the State of Michigan enact, That section two of chapter twenty-five of Compiled Laws be amended so as to read as follows: (1316.) (1111.) SEC. 2. Any person or persons owning or occupying land adjoining any highway not less than three rods wide, may plant or set out trees or shrubs on each side of said highway contiguous to his land, which trees or shrubs shall be set in regular rows, at a distance not less than six feet from each other, and allowed for within eight feet of the margin of the highway: Provided, That Proviso. in incorporated villages or cities the common council of such cities or villages may fix and determine the distance that such trees shall be set from the margin of the highways therein; and any such Amount of tax person owning or occupying land contiguous to any highway, and planting. who is assessed any highway or poll tax, may cause to be paid of such tax a sum not exceeding twenty-five per cent for any year, by planting trees or shrubs in the margin of the highway, in a space not exceeding eight feet in width from the margin of the highway, which sum, when so paid shall be credited upon his highway or poll tax for that year; and any overseer of the highway may cause Overseer of a portion, not exceeding ten per cent of the highway tax in his plant trees. road district, to be expended in setting out trees or shrubs in a space not exceeding eight feet in width from the margin of the highway. highway may (1317.) SEC. 2. Any person who shall (except as hereinafter pro- Penalty for injuring trees. vided) willfully injure, deface, tear, or destroy any tree or shrub thus planted along the margin of the highway, or purposely left there for shade or ornament, shall forfeit a sum not less than five nor more than one hundred dollars for each offense, which sum may be recovered in any court of competent jurisdiction: Pro- Proviso. rided, That whenever it shall appear to the board of commissioners for highways in any town in this State, that any shade or ornamental trees or shrubs are an obstruction or an injury to any highway, said trees or shrubs may be cut down and removed by order of the aforesaid board of commissioners of highways. fering animals (1318.) SEC. 3. Any person who shall negligently or carelessly Penalty for sufsuffer any horse or other beast driven by or for him, or any beast to injure trees. belonging to him, and lawfully in the highway, to break down, destroy, or injure any tree or shrub not his own, standing for use or ornament in any highway, or negligently or willfully, by any other means, shall break down, destroy, or injure any such tree or shrub, shall be subject to an action for damages in a sum not less than one nor more than twenty-five dollars for each offense, to be recovered at the suit of the owner or tenant of the land in front of which such tree or shrub stands, or of the overseer of the highway in whose road district such tree or shrub may be situated. [SEC. 4. This act shall take immediate effect.] ing mile-stone, (1319.) SEC. 3. Whoever shall willfully destroy, remove, injure, or Person removdeface any mile-stone or mile-board, erected on any highway, or ete, guilty of shall willfully injure or deface any inscription or device upon any guide-post or guide-board on any highway, or remove, destroy, or misdemeanor. juring highway; overseer to prosecute. 5 Mich. 528. When commissioners to prosecute. injure any such guide-post or guide-board, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not exceeding fifty dollars, or imprisoned in the county jail not exceed ing three months, in the discretion of the court. Liability for in (1320.) SEC. 4. Whoever shall injure any highway, by obstructing or diverting any creek, water-course, or sluice, or by drawing 28 Wend. 445. logs or timber on the surface of any road or bridge, or by any other act, shall be liable in treble damages, to be recovered in an action of trespass, or on the case, by the overseer of highways of the road district within which the injury was done, in his name of office, to be expended by him in the repair of roads in his district. (1321.) SEC. 5. But if any such injury shall be done within any road district, by the overseer of highways of such district, or with his assent, or if any overseer of highways of any road district shall refuse or neglect to prosecute for any such injury done within his district, it shall be the duty of the commissioners of highways of the town within which such district is situated to prosecute for such injury in an action of trespass on the case, and cause the damages to be recovered in such prosecution to be expended in the repair of roads in the district within which such injury shall have been done.1 5 Mich. 528. Provisions of this title to ex of the State, exeept, etc. (1322.) SEC. 5. The provisions of this chapter, and of the pretend to all parts ceding chapters relating to highways and bridges, shall be construed to extend to all parts of the State, except where special provisions inconsistent there with have been or shall be made by law in relation to particular townships, counties, cities, or villages. Damages for injuries received by persons on account of de An Act for the collection of damages sustained by defective bridges on the public highways. [Approved March 15, 1861. Laws of 1861, p. 407.1 (1323.) SECTION 1. The People of the State of Michigan enact, That any person or persons sustaining bodily injury upon any of fective bridges. the public highways in this State, by reason of neglect to keep in repair any bridge or culvert by any township or corporation whose duty it is to keep such bridge or culvert in repair, such township or corporation shall be liable to, and shall pay to the person or persons so injured or disabled, just damages, to be recovered in an action of trespass on the case, before any court of competent jurisdiction. 1 Added by section 21 of Act 206 of 1848. Laws of 1848, p. 315. mals. 20 Mich. 148. ages recovered town clerk. (1324.) SEC. 2. If any horse or other animal, or any cart, car- Injury to aniriage, vehicle, or other property, shall receive any injury or damage 4 Mich. 557. by reason of neglect by any township or corporation to keep in repair any bridge or culvert, the towhship or corporation whose duty it is to keep such bridge or culvert in repair shall be liable to and pay to the owner thereof just damages, which may be recovered in an action of trespass on the case, before any court of competent jurisdiction; and when judgment shall have been rendered Notice of damin favor of any plaintiff, the magistrate who rendered such judg- to be given to ment, or if judgment shall have been rendered in a court of record, then the clerk of such court, shall notify the township clerk of the township against which judgment is so rendered, of the amount of such judgment and costs, on or before the first Monday in October thereafter; and the said township clerk shall thereupon include How damages to 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, and the same shall be levied, collected, and returned in the same manner as is provided by law in case of judgment rendered against school districts. be collected. CHAPTER XXX. THE REGULATION OF FERRIES. Chapter twenty-nine of Revised Statutes of 1846. (1325.) SECTION 1. "The board of supervisors of each of the License of fercounties of this State may grant licenses for keeping ferries, in ries authorized. their respective counties, to as many suitable persons as they may think proper, which licenses shall continue in force for a time to be specified therein by said board, not exceeding ten years.' (1326.) SEC. 2. The said board, when they shall grant any Rates of ferriage license to keep a ferry, shall order and direct the rates of ferriage how regulated." 1 As amended by Act 166 of the Laws of 1859, p. 465, approved and took effect February 14, 1859. Bond to be given. Entry of license by clerk, etc. When waters divide two coun be obtained in either. which the person licensed may receive, and may, from time to time thereafter, during the continuance of such license, alter such rates; and they may also direct what and how many hours each day such person shall attend his ferry. (1327.) SEC. 5. Every person applying for such license shall, before the same be granted, give bond to the people of this State, in such penal sum as the said board shall direct, not less than two hundred dollars, with so many and such sufficient sureties as the said board shall direct and approve, upon condition that he will faithfully keep and attend such ferry, with such and so many safe and convenient boats, and so many men to work the same, together with sufficient implements therefor, during the several hours in each day, and at such several rates, as the said board shall, from time to time, order and direct; which bond shall be filed with the county clerk. (1328.) SEC. 6. Every such license shall be entered by the county clerk in a suitable book in his office; and a copy of such license, attested by such clerk, shall be delivered to the person licensed. (1329.) SEC. 7. Whenever the waters over which any ferry may ties, license may be used shall divide two counties, a license obtained in either of the counties shall be sufficient to authorize the person obtaining the same to transport persons, goods, wares, merchandise, and effects to and from either side of said waters. Persons violat ing bond guilty etc. (1330.) SEC. 8. Every person who shall violate such bond shall of misdemeanor, be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to such fine as the court may adjudge, not exceeding twenty-five dollars for each offense, and unless such fine and the costs of prosecution shall be paid within ten days after such fine shall have been imposed, the prosecuting attorney for the county shall prosecute such bond for the use of the State. Persons using ferry without li misdemeanor. (1331.) SEC. 9. If any person shall use any ferry for transportcense, guilty of ing across any river, stream, or lake, persons, goods, chattels, or effects, for profit or hire, unless authorized in the manner directed in this chapter, such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to such fine as the court may adjudge, not exceeding twenty dollars for each When person offense. (1332.) SEC. 10. When any offense mentioned in either of the ted in either of two last preceding sections shall be committed on waters dividing may be prosecu two counties. 1 Repealed by Act 189 of the Laws of 1871, p. 818. |