Liability for in

Prosecute.

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 exceeding three months, in the discretion of the Court.

juring Highway; (1113.) SEC. 4. Whoever shall injure any highway, by Overseer to obstructing or diverting any creek, water course or sluice, or by drawing 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.

When Commissioners to Prosecute.

Provisions of this
Title to extend to

except, etc.

(1114.) 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. (a)

(1115.) SEC. 5. The provisions of this chapter and of the preall parts of State, ceding chapters, relating to highways and bridges, shall be construed to extend to all parts of the State, except where special provisions inconsistent therewith have been, or shall be, made by law in relation to particular townships, counties, cities or villages.

(a) Added by Sec. 21 of Act 206 of 1848. Laws of 1848, p. 315.

ing Ferries.

(1116.) SECTION 1. The Board of Supervisors of each of the License for keepcounties of this State may grant licenses for keeping ferries in 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 three years.

how regulated.

(1117.) 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 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. (1118.) SEC. 3. No such license shall be granted to any when License person other than the owner of the land through which the except to Owner highway adjoining the ferry shall run, unless such owner shall consent thereto, or shall neglect to apply for such license, after notice as hereinafter provided.

not to be granted

of Land.

(1119.) SEC. 4. Whenever application shall be made by any Ibid. person other than such owner, the board shall not grant a license to such applicant without the consent, in writing, of

Band to be given.

Entry of License by Clerk, etc.

vide two Coun

be obtained in either.

such owner, unless proof shall be made that such applicant caused notice to be given, in writing, to such owner, at least eight days before such application made, of his intention to make the same.

(1120.) 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.

(1121.) 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.

When waters di- (1122.) SEC. 7. Whenever the waters over which any ferry ties, License may 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 violating
Bond guilty of

etc.

(1123.) SEC. 8. Every person who shall violate such bond misdemeanor, 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-five dollars for each offence, 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.

(1124.) SEC. 9. If any person shall use any ferry for transcense, guilty of porting 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 offence.

When person (1125.) SEC. 10. When any offence mentioned in either of ted in either of the two last preceding sections shall be committed on waters

may be prosecu

two Counties.

dividing two counties, the person so offending may be prosecuted in either of such counties.

provisions of this

(1126.) SEC. 11. Nothing contained in this chapter shall Limitation of affect or impair any right or privilege belonging to any indi- Chapter. vidual, or corporation, by virtue of any law of this State.

Private Road.

(1127.) SECTION 1. The People of the State of Michigan enact, Application for That whenever application shall be made to the Commissioners of Highways of any township for a private road, they shall give notice to the owner or occupant of the land over which the road is proposed to be laid out, to meet on a day and at a place certain, for the purpose of aiding in the striking of a jury to determine as to the necessity or propriety of such road; at which time and place the jury shall be selected, in the fol- Jury how seleclowing manner, to wit: said Commissioners of Highways shall direct some disinterested person to write down the names of eighteen disinterested freeholders, from which list the owner or occupant of said land, and the applicant for said road, shall strike out three names each, and the balance remaining on

ted and cited.

(a) Section Sixteen of the Act of Feb. 17, 1857 (given in Chapter XXII), would seem to be intended as a substitute for the first four Sections of this Act; but quere if it can have that effect, or be of any validity whatever, where it now stands. See Sec. 20, Art. 4, of Constitution.

Jury to be sworn.

Duty of Jury.

such list shall form said jury. In case either said owner or occupant, or said applicant, shall refuse to strike, said Commissioners shall strike for the party so neglecting or refusing. Said Commissioners shall issue a citation to said freeholders. to appear before them forthwith, to determine as to the necessity or propriety of such road, and the damages resulting therefrom, in case such road shall be deemed necessary by them.

(1128.) SEC. 2. Such freeholders, when met, shall be sworn well and truly to examine in regard to the necessity and propriety of such road, and in case they shall decide that such road is necessary, to justly and impartially appraise the damages of the owner or owners, or occupant of the land, by reason of laying out such road.

(1129.) SEC. 3. If they shall determine that the road so applied for is necessary, they shall make and subscribe a certificate of such determination, and also their appraisal of the damages, and shall deposit the same with the Commissioners How Road shall of Highways of the township; and the said Commissioners of Highways shall thereupon lay out the road, describing the same particularly by its bounds, courses, and distances, and cause a record thereof to be made in the Clerk's office of the proper townships.

be laid out.

Applicant to pay damages and

(1130.) SEC. 4. The damages of the owner or owners, or expenses. occupant of the land through which such road shall be laid, when ascertained, as hereinbefore provided, together with expenses of proceedings, shall be paid by the person applying When paid, Read for the road, and when such damages and expenses are paid, the Commissioners of Highways of the township shall proceed to open the road.

to be opened.

Road to be for

use of Applicant.

Land may use

Road.

(1131.) SEC. 5. Every such private road, when so laid out, shall be for the use of such applicant, his heirs and assigns, but not to be converted to any other use or purpose than that When Owner of of a road: Provided, always, That the owner or occupant of the land through which such road shall be laid out, shall not be prevented making use thereof as a road, if he shall signify his intention of making use of the same to the jury who ascertain the damages sustained by laying out such road, before the appraisal of the damages by them.