Proviso, investigation of one or more routes. Notice of arrangements, etc. Application for reward. Double state reward. Bridges, etc. Division No. 10. Beginning at Ann Arbor, running to Whitmore Lake, Hamburg, Lakeland, Pinckney, Anderson, Gregory, Stockbridge, Fitchburg and connecting with the main line at or near Leslie: Provided, That upon petition of two or more contiguous counties through their boards of county road commissioners in counties under the county road system, or through their boards of supervisors in other counties, or upon his own action, the State Highway Commissioner shall make preliminary surveys and such other investigations as he shall deem necessary of one or more routes for State reward trunk line highways, through such counties. After investigation the State Highway Commissioner shall submit to such county road commissioner, boards of supervisors, good roads district commissioners or township boards as the case may be, maps showing feasible routes and approximate estimates of cost of building over each of said routes, when the said boards shall concur upon one of such routes which shall then be known as a part of the State reward trunk line highway system. The maximum number of miles of trunk line highways which may be established in any county, shall be computed by multiplying the number of surveyed townships by three, fractional townships to be computed pro rata. SEC. 3. Whenever any county, good roads district or township shall file notice with the State Highway Department through its proper officers that arrangements have been made or sufficient funds raised to improve three miles or more of road which is a part of the State reward trunk line highway system previously established according to the provisions of this act, and shall ask for survey, plans and specifications, and shall make application for State reward under provisions of this act, it shall be the duty of the State Highway Commissioner to enter such application and cause the road to be surveyed and have plans and specifications prepared. When any county under the county road system, or good roads district or township shall build two miles or more of such road, the same shall be inspected by an engineer under the directions of the State Highway Commissioner, and if found to be up to the required standard, shall be entitled to and paid double the legal State reward as provided and specified in chapter five, act number two hundred eighty-three of the public acts of nineteen hundred nine, as amended or as may hereafter be amended. SEC. 4. The State Highway Department shall design all bridges and culverts and construct all bridges greater than thirty-foot clear span on State reward trunk line highways: Proviso, funds. Provided, That no bridges shall be constructed before the county, good roads district or township has funds available to construct at least three miles of road which includes the bridge site. reward roads. SEC. 5. Old State reward roads, which are or become a Old state part of the State reward trunk line highway system, shall be, if in perfect repair, entitled to one-half additional State reward, or if such old rewarded roads be widened or resurfaced, or both, then shall the county, good roads district or town ship be entitled to an added reward equal to the difference betweeen the reward paid and the legal reward under this act. ment. SEC. 6. The State Highway Commissioner is hereby given May refuse to the authority to refuse to grant any further trunk line road grant reward. reward to any township, good roads district or county that has been rewarded by the State for improving roads that do not keep these trunk line rewarded roads in repair, but upon his refusal to any township, good roads district or county for an allotment of trunk line reward, it shall be the com- Reinstatemissioner's duty to inform the proper officials of what repairs are necessary to place them in a position to again be eligible to receive trunk line reward, and if these repairs are made satisfactorily to the commissioner, he shall reinstate them to the eligible trunk line reward list: Provided, That Proviso, may if no reward is due said county, good roads district or town and render make repairs ship, then the State Highway Commissioner is given author- bill. ity to make the necessary repairs and to render a bill for the repairs to the proper officers of such county, good roads district or township. This bill shall be paid upon the warrant of such officers, and the supervisors shall include the amount in the next regular tax roll. SEC. 7. There is hereby appropriated for State High- Appropriation. way Department for the fiscal year ending June thirty, nineteen hundred fourteen, the sum of two hundred thousand dollars, and for the fiscal year ending June thirty, nineteen hundred fifteen, the sum of three hundred thousand dollars, which shall constitute a fund for the payment of the additional State reward on trunk line highways, building or repairing bridges on such highways, and paying the salaries and running expenses incurred by this act. Any moneys Surplus. remaining in this fund at the close of any fiscal year shall be carried over by the Auditor General and added to the funds which become available for the following year. SEC. 8. The Auditor General shall incorporate in the Tax clause. State tax for the year of nineteen hundred thirteen, the sum of two hundred thousand dollars, and for the year of nineteen hundred fourteen, the sum of three hundred thousand dollars, which amount, when collected, shall be credited to the general fund to reimburse the same for moneys hereby appropriated. surveys, when SEC. 9. The State Highway Commissioner shall as soon as Preliminary practicable after the taking effect of this act cause prelimin- made, etc ary surveys to be made and establish the routes of the sev eral divisions of the State trunk line highways herein pro vided for, and he is hereby empowered to employ such en- This act is ordered to take immediate effect. Sections amended. [No. 335.] AN ACT to amend sections seven, eight, nine and ten of chapter nine of act number two hundred eighty-three of the Public Acts of nineteen hundred nine, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public highways and private roads, the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; setting and protecting shade trees, drainage, cutting weeds and brush within this State, and providing for the election and defining the powers, duties and compensation of State, county, township and district highway officials," as amended by act number one hundred fifty-three of the Public Acts of nineteen hundred eleven, and to add thereto a new section to be known as section eleven. The People of the State of Michigan enact: SECTION 1. Sections seven, eight, nine and ten of chapter nine of act number two hundred eighty-three of the Public Acts of nineteen hundred nine, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public highways and private roads, the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; setting and protecting shade trees, drainage, cutting weeds and brush within this State, and providing for the election and defining the powers, duties and compensation of State, county, township and district highway officials," as amended by act number one hundred fifty-three of the Public Acts of nineteen hundred eleven, are hereby Section added. amended, and a new section is hereby added to be known as section eleven, said amended and added sections to read as follows: Temporary highways. SEC. 7. Whenever any owner of any timbered land, not less than forty acres, shall wish to have a temporary highway laid out, over which a logging railroad may be operated on conditions hereinafter stated, he may in writing make application to the commissioner of highways of the proper township for that purpose, who shall proceed to empanel a jury, or submit the matter to commissioners if the parties in interest so desire, and the proceedings shall be substantially the same as provided in this chapter for opening private roads. SEC. 8. When any such application shall be made, the Application. commissioner of highways of the township in which said road is to be located, shall give notice in writing to the owner and occupant of the land in substantially the same manner as provided in section one of this act for the purpose. of aiding in the striking of a jury to determine as to the necessity of such road and to appraise the damages, or the parties in interest may agree upon three or more persons as commissioners to act in place of a jury to determine such necessity and appraise such damages. If it shall be deter mined that said temporary highway is necessary for the purpose of removing the timber from such lands, the jury or commissioners shall certify under their hands such determination and also their appraisal of the damages, and shall determine the length of time that such highway shall be necessary; and at the expiration of such time said highway shall cease, and the commissioner shall lay out the road in accordance with said determination, describing the same particularly, and shall cause a record thereof to be made in the clerk's office: Provided, That no logging railroad shall be Proviso, logging railoperated upon or along any such temporary highways, except road. that during the fifteen years after the passage of this amendment permission may be given by the commissioner of highways to construct and operate such logging railroad, but such railroad shall not be operated or maintained after fifteen years from the passage of this amendment. owner, etc. highways. SEC. 9. No such highway or logging railroad shall be laid Consent of cut along and upon and so as to occupy any road made or caused to be made by the owner of any land or by any person with the consent of such owner and used by the person or persons who made the same, unless such owner shall consent thereto in writing. Such temporary highways shall be To be private private highways, and all the expenses of their laying out, which expenses shall include the compensation due the highway commissioner, the jury or commissioners acting as such, for such services, and all damages that may be awarded on Damages. account of the taking of lands therefor, shall be paid to the commissioner by the persons applying for the same, and upon such payment they may enter upon, open and work such highways at their own and sole expense, but no trees shall be cut therein except as shall be necessary to make a track or tracks. SEC. 10. In case such highway is only to be used in the when used winter time such facts shall be set up in the application and winter. also in the finding of the jury or commissioners, and this shall be taken into consideration in awarding damages to the owners of the land crossed. Appeal to circuit court. To file bond. Fees, etc. SEC. 11. Any party in interest may appeal from the determination of the jury or commissioners in any proceedings under this chapter to the circuit court for the county, within thirty days, by filing with the township clerk an affidavit made by himself, his agent or attorney, stating that such determination is not in accordance with the just rights of such party, as the person making such affidavit verily believes. And said party shall also file with said clerk within said time a bond running to the highway commissioner for the benefit of all other parties in interest, conditioned that the appellant will prosecute his appeal with all due diligence, and that if a judgment be rendered against him in the circuit court he will pay such judgment, including all costs with interest thereon; which bond shall be in a penalty suf ficient to secure the costs and damages and with one or more sufficient sureties, who shall justify their responsibility in writing and under oath endorsed on said bond. The appellant shall also pay to the township clerk the sum of one dollar for making his return on appeal, and also the further sum of three dollars as clerk and entry fee to be paid by said township clerk to the clerk of the circuit court. Said appeal shall be heard before the judge of the circuit court, and a jury of six freeholders selected by the parties from the regular panel under the direction of the circuit judge, in the manner jurors are selected in civil causes, or if the parties desire, by three commissioners to be appointed by the circuit judge. The county clerk shall act as clerk of the court the same as in other causes, and the proceedings as far as applicable shall be according to the ordinary course Judgment, etc. of civil procedure. The judgment and determination on appeal shall be certified back to the township clerk for any further proceedings that may be required by the statute. In case of more than one appeal they shall be heard together as one cause. Costs may be awarded by the circuit court and collected the same as on appeals from justice's court. On perfecting said appeal all proceedings shall be stayed and no further steps taken until the determination or dismissal of said appeal. No costs shall be awarded against any party, except such as actually appeal or defend such appeal. Approved May 13, 1913. |