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tion of the respective counties for the year of our Lord
This act is ordered to take immediate effect.
[ No. 93. ]
AN ACT to prevent the spreading of milkweed in the State
of Michigan, to provide for the destruction of the same and to authorize the assessment of a tax upon real estate for the payment of the expenses incurred in such destruction.
cut by ,
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SECTION 1. The People of the State of Michigan enact, Malikweed to be That it shall be the duty of every owner, occupant or per- etc. son having charge of lands in this State, to cut down, or cause to be cut down, all milkweed, asclepias cornutus, growing thereon, or on land between the center of any highway and said lands, or in any highway passing through the same, in each and every year so often as shall be sufficient to prevent said milkweed going to seed; and if any owner, occupant or person having charge of such lands shall knowingly suffer any such milkweed to grow thereon, and the same to ripen so as to cause or endanger the spreading thereof he shall, on conviction, be punished by a fine of ten dollars, Penalty. together with the costs of prosecution, and in default of payment of the same be imprisoned in the county jail of the county where the land is situated, for a period not exceeding twenty days.
SEC. 2. When any overseer of highways shall have knowl- Overseer of high edge or information that milkweed is growing upon any this act. lands in his highway district, contrary to the provisions of this act, he shall see to it that the provisions of this act are carried out within his highway district and he shall give a written notice to the owner, occupant or person having charge of such lands, describing the same by their legal subdivisions, within his highway district whereon milkweed shall be growing and in danger of going to seed, requiring him to cause the same to be cut down within five days from the service of such notice, and in case such owner, occupant or Duty in case of person having charge of said lands shall refuse or neglect refusal, etc. to cut or cause to be cut down the said milkweed, the overseer of highways shall enter upon the lands where said milkweek is growing and cause all such milkweed to be cut down and destroyed, doing as little damage as may be while in the performance of such duty, and the said overseer of highways shall not be liable for so entering upon said lands for the purpose of performing such duty except for any actual damage to the crops growing thereon which shall result from his willful and unlawful act or gross negligence:
Proviso as to non-resident lands,
Statement of expenses, etc.
Provided, That when such milkweed is found growing upon non-resident lands and no one to the knowledge or information of said overseer of highways shall have charge thereof it shall not be necessary to give notice before proceeding to cut down such milkweed.
SEC. 3. Each overseer of highways shall keep an accurate account of the expenses incurred and time employed by him in carrying out the provisions of section two of this act with respect to each parcel of land so entered upon, and for the time so employed he shall be entitled to charge at the rate of one dollar and fifty cents per day and seventy-five cents for each half day by him actually and necessarily employed while performing said duty, and when said duty shall have been performed in the destruction of milkweed growing on resident lands, or on lands in the charge of any person known to said overseer of highways he shall present a statement duly verified of such charges, describing the land whereon the same were incurred by its legal description, to the owner, occupant or custodian, and demand of him payment therefor. When any overseer of highways shall incur any expense or employ any time in the destruction of milkweed found growing on non-resident lands as provided in section two of this act, he shall make out a complete statement showing such expenses and time employed, and for which time employed he may charge at the same rate as for duties performed relative to resident lands, and shall file such statement with the township clerk as hereinafter provided.
SEC. 4. In case the owner, occupant or custodian of any lands shall neglect or refuse for the space of thirty days to pay the charges of such overseer as specified in section three of this act, it shall be the duty of said overseer of highways to file such statement of charges with the township clerk of the township wherein such charges were incurred five days before the last Saturday of September of each year, and he shall also file within the same time with the said township clerk the aforesaid statements of charges incurred relative to all non-resident lands in his highway district. On the said last Saturday of September it shall be the duty of the township boards of the several townships of this State, with township clerk of which any statement of charges provided for in this act shall have been filed, to meet at the township clerk's office at the hour of ten o'clock in the forenoon for the purpose of auditing and allowing said charges. Said meeting shall be called by the township clerk by written notice served on each member of the board three days before the date fixed for said meeting. When such meeting of said township board shall have been called by the township clerk as aforesaid, it shall be the duty of said township board to meet as herein provided and audit all claims for charges found on file with the said township clerk, and at which meeting it shall be the right of all parties interested therein
In case of neg. lect or refusal to pay, etc.
Duty of town. ship boards.
Clerk to give notice of meet. Ing. etc.
to appear before said board and be heard with reference to the legality and amount of such charges.
SEC. 5. The amount of all claims for charges in this act How claims provided for, which shall be audited and allowed by any township board, shall be paid to the several overseers of highways entitled thereto from the township treasury in the same manner as other charges allowed against townships are paid.
SEC. 6. The township clerk, after the allowance, shall Clerk to make make a statement of all such claims as have been so allowed claims, etc. under the provisions of this act, with a description of the lands relative to which such charges have been allowed, to the supervisor of the township who shall cause the several amounts so allowed to be levied on the lands so described in a separate column in the tax roll of his township, and which taxes so spread shall, in all respects, be collected or returned in the same manner as other taxes assessed upon real estate are collected or returned, and when the same are collected they shall be paid into the treasury of the township for the purpose of reimbursing such township for any expenses which may have been incurred in carrying out the provisions of this act. SEC. 7. Any person who shall knowingly sell any grass Penalty for sell.
ing or other seed among which there is any seed of milkweed seed, ete. shall, for every such offense, upon conviction thereof, be punished by a fine not exceeding ten dollars, together with the costs of prosecution, and in default of the payment thereof be imprisoned in the county jail for a period not exceeding ten days.
SEC. 8. Every overseer of highways who shall refuse or Penalty on neglect to discharge the duties imposed on him by the pro- neglect, etc. visions of this act shall be punished by a fine of ten dollars, together with the costs of prosecution, and in default of the payment thereof be imprisoned in the county jail for a period of ten days.
Approved May 22, 1891.
[ No. 94. ] AN ACT to amend an act entitled "An act to authorize
the incorporation of companies for the construction of union railroad stations and depots with the necessary connecting tracks and the management of the same," approved June ninth, one thousand eight hundred and eighty-one, by adding a new section thereto relative to the closing of streets and alleys by companies organized under [said ] this act.
SECTION 1. The People of the State of Michigan enact, act amended. That an act entitled "An act to authorize the incorporation of companies for the construction of union railroad stations
Power to close or occupy any street, etc.
and depots with the necessary connecting tracks and the management of the same," approved June ninth, one thousand eight hundred and eighty-one, be and the same is hereby amended by adding a new section thereto, to stand as section thirty-eight, as follows:
SEC. 38. Any corporation organized under this act, shall have power, with the consent of the common council of any city, or the village board of any village, in which the station and depot grounds of such company are located, to occupy
and close any highway, street, or alley within the limits of Company to pay its station and depot grounds, but such company shall pay damages, etc.
to the parties entitled to the same, any and all damages
This act is ordered to take immediate effect.
[ No. 95. ]
Description of route, etc.
AN ACT to provide for the laying out of a State road in
Arenaccounty, to be known as the Standish and Maple
SECTION 1. The People of the State of Michigan enact, That a State road shall be laid out and established, commencing at the village of Shearer, in the northwest corner of section four, in town twenty north, range four east, thence south along the section line, between sections four, five, eight, nine, sixteen, seventeen, twenty, twenty-one, twentyeight, twenty-nine, thirty-two and thirty-three, in town twenty north, range four east, and continuing south on the section line between sections four, five, eight, nine, sixteen, seventeen, twenty, twenty-one and twenty-eight and twenty-nine, in town nineteen north, range four east, till said line strikes the right of way of the Jackson, Lansing & Saginaw railroad; thence southeast along the side of the right of way of said railroad to the village of Standish, and running thence north on the quarter line through section two, in town eighteen north, range four east, and sections thirty-five, twenty-six, twenty-three, fourteen and eleven, in town nineteen north, range four east, to the north quarter post of section eleven, in town nineteen north, range four east; thence west on the section line between sections two and eleven and three and ten, one mile to the south quarter post of section three in said town nineteen north, range four east; thence north on the quarter line through section three, in town nineteen north, range four east, to north quarter post of section three; thence north on the quarter line through section thirtyfour, in town twenty north, range four east, to north quarter post of section thirty-four aforesaid; thence east on the section line between sections twenty-seven and thirty-four, in said town twenty north, range four east, to southeast corner of section twenty-seven aforesaid; thence north on the section line between sections twenty-six and twenty-seven to the northeast corner of section twenty-seven; thence east between sections twenty-three and twenty-six and twentyfour and twenty-five, in town twenty north, range four east, to town line between town twenty north, range four east, and twenty north, range five east; thence commencing at the southwest corner of section seven in town twenty north, range five east, in the village of Maple Ridge and running south on the town line between town twenty north, range four east and town twenty north, range five east and town nineteen north, range four east and town nineteen north, range five east, to the southwest corner of northwest quarter of section nineteen in town nineteen north, range five east; thence east to the center of section nineteen in said town; thence south through the center of section nineteen and section thirty to the northeast corner of northwest quarter of section thirty-one in town nineteen north, range five east, to be known as the Standish and Maple Ridge State road.
SEC. 2. In order to secure the laying out of said State Supervisors to road, the board of supervisors of said county shall appoint a appoint commiscommissioner, who shall take and subscribe an oath of office and execute a bond to the people of the State of Michigan, Bond to be filed. with sufficient sureties in the penal sum of five hundred dollars, conditioned for the faithful performance of his duties as such commissioner. Such bond shall be approved by the county treasurer of said county and such bond and oath of office shall be filed in the office of said county treasurer of Arenac county
Sec. 3. Said road commissioner shall, as soon as may be, Duty of commisafter his appointment, proceed to lay out such road. Said commissioner may employ a surveyor and other necessary assistants to aid in the performance of his duties.
SEC. 4. For the purpose of locating said road, which may enter on shall be four rods wide, the said commissioner and his assistants may lawfully and peacefully enter upon the lands of any person or persons, which he may deem_it necessary to enter upon to lay out said road: Provided, That no land Proviso. shall be taken for such road without just compensation as provided by the general law relating to highways.
SEC. 5. The said commissioner shall receive two dollars Compensation.
This act is ordered to take immediate effect.