regard to the season of the year, and if either party shall not make his part of the fence within the time so assigned, the other party may, after having completed his own part of the fence, make the part of the other, and recover therefor double the ascertained. expenses thereof, together with the fees of the fence-viewers, in the manner provided in this chapter. fence not to be (780.) SEC. 13. When one party shall cease to improve his land, When partition or shall open his enclosure, he shall not take away any part of the removed. partition fence belonging to him and adjoining the next enclosure, if the owner or occupant of such adjoining enclosure will, within two months after the same shall be ascertained, pay therefor such sum as two or more fence-viewers shall, in writing, under their hands, determine to be the value of such partition fence belonging to such party. or owner to pay tition fence, etc. (781.) SEC. 14. When any unenclosed land shall be afterwards when occupant enclosed, the occupant or owner thereof shall pay for one-half of one-half of pareach partition fence standing upon the line between his land and the enclosure of any other occupant or owner, and the value thereof shall be ascertained by two or more fence-viewers of the township, in writing, under their hands, in case the parties do not agree; and if such occupant or owner shall neglect or refuse, for thirty days after the value has been so ascertained and demand. made, to pay for one half of such partition fence, the proprietor of such fence may maintain an action in the form aforesaid, for such value, and the costs of ascertaining the same. viewer to be (782.) SEC. 15. In all cases where the line, upon which a par- when a fencetition fence is to be made, or to be divided, is the boundary line taken from each between townships, or partly in one township and partly in another, a fence-viewer shall be taken from each township. township. (783.) SEC. 16. Where a partition fence running into the water Fences running is necessary to be made, the same shall be done in equal shares into water. unless otherwise agreed by the parties, and in case either party shall refuse or neglect to make or maintain the share belonging to him, similar proceedings shall be had, as in case of other fences, and with the like effect. unimproved who to erect fences, etc. (784.) SEC. 17. In all cases where the line, upon which a When line of partition fence is to be built between unimproved lands, has been lands divided, divided by the fence-viewers, or by agreement in writing between the owners of such lands, recorded in the office of the clerk of the township, or of one of the townships where such lands lie, the several owners thereof, and their heirs and assigns forever, shall erect and support said fences, agreeably to such division. Notice on de termination not (785.) SEC. 18. If any person shall determine not to improve any to improve lands part of his lands adjoining any partition fence that may have been divided according to the provisions of this chapter, and shall give six months' notice of such determination to all the adjoining occupants of lands, he shall not be required to keep up or support any part of such fence during the time his lands shall lie open and unimproved. (786.) SEC. 19. The overseers of highways of the several townships in this State shall be fence-viewers in their respective townships. (787.) SEC. 20. Any fence-viewer, who shall, when requested, unreasonably neglect to view any fence, or to perform any other duty required of him in this chapter, shall forfeit the sum of five dollars, and shall also be liable to the party injured for all damages consequent upon such neglect. (788.) SEC. 21. Each fence-viewer shall be paid by the person employing him, at the rate of one dollar a day for the time he shall be so employed; and if such person shall neglect to pay the same within thirty days after the service shall have been performed each fence-viewer having performed any such service may recover in an action of assumpsit, double the amount of such fees. Township to provide and maintain pounds Punishment for (789.) SEC. 22. Each township may, at its own expense, and in such places therein as the electors shall direct, provide and maintain one or more sufficient pounds, in which swine, sheep, horses, asses, mules, goats, and neat cattle may be restrained, and kept from going at large contrary to law, or to any by-law of such to wnship. (790.) SEC. 23. If any person shall willfully injure any pound injury to pounds maintained by any township, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding fifty dollars, or by imprisonment in the county jail not exceeding ninety days, at the discretion of the court. Damages not to be recovered for An Act to provide against the recovery of damages done by beasts on lands which are not enclosed by a lawful fence. [Approved March 17, 1847. Laws of 1847, p. 181.] (791.) SECTION 1. No person shall be entitled to recover any trespass on lands sum of money, in any action at law, for damages done upon lands by any beast or beasts, unless the partition fences by which such not enclosed by lawful fence. 17 Mich. 417. 3 Mich. Rep. 163 lands are wholly or in part enclosed, and belonging to such person, 9 Mich. 158, or by him to be kept in repair, shall be of the same height and 2 Mich. Rep. 290 description as is required by the provisions of section one, chapter 5 Gilman, 189. eighteen, of the revised statutes of eighteen hundred and forty-six, being section six hundred and five of the compiled laws.1 SEC. 2. SEC. 3. This act shall take effect and be in force from and after its passage. 1 As amended by Act 179 of the Laws of 1961, p. 294, approved March 15, 1861. Duty of supervisors and assessors to take census and sta tistics. TAKING THE CENSUS AND STATISTICS OF THE STATE. An Act to provide for taking the census and statistics of this State. [Approved February 9, 1853. Laws of 1853, p. 60.] (792.) SECTION 1. The People of the State of Michigan enact, That it shall be the duty of the supervisor of each township and ward, and assessor of each assessment district, at the time of taking a list of the taxable property, or between the first Monday of April and third Monday of May, in the year one thousand eight hundred and fifty-four, and every ten years thereafter, to go to every dwelling-house in their respective township, ward, or assessment district, and by personally inquiring of the head of every family, or some competent person, to ascertain and take an enumeration of all the inhabitants therein (except uncivilized Indians belonging to some tribe), in the following order, to wit: The names of all males of the age of twenty-one years and under forty-five (designating the married from the unmarried); the names of those of forty-five and under seventy-five; the names of those of seventyfive and under ninety; the names of those of ninety and under one hundred; and the names of those over one hundred; the number of females of the age of eighteen years and under forty (designating the married from the unmarried); the number of the age of forty and under seventy-five; the number of the age of seventyfive and over; the number of children under the age of five years; the number of the age of five and under ten (designating the males from the females); the number of males of the age of ten and under twenty-one, and the number of females of the age of ten and under eighteen; the number of colored persons; the number of blind; the number of deaf and dumb; and the number of insane persons and idiots; the number of marriages and the number of deaths the preceding year, as near as can be ascertained; and the occupation or profession of all males over twenty-one years of age. sors and assessors to take census and sta (793.) SEC. 2. And it shall also be the duty of the supervisor Duty of supervi and assessors of each city and township, at the time mentioned in the preceding section for taking the census of his township or tistics. ward, to ascertain and set down in a table prepared for that purpose, the whole number of acres of taxable land; the whole number of acres of land owned by individuals or companies; the number of acres improved; the number of acres sowed with wheat then on the ground; the number of acres and the number of bushels of corn harvested the preceding year; the number of acres harvested and the number of bushels of wheat raised the preceding year; the number of bushels of all other kinds of grain, the number of bushels of potatoes, and the number of tons of hay the preceding year; the number of sheep, and the number of pounds of wool sheared the preceding year, and the number of sheep; the number of swine over six months old, and the number of pounds of pork marketed; the number of neat cattle (other than oxen and cows), one year old and over; the number of horses one year old and over; the number of mules, the number of work oxen, and the number of milch cows; the number of pounds of butter and cheese made the preceding year; the number of pounds of sugar manufactured the present year; the number of pounds of peppermint oil manufactured the preceding year; the number of flouring mills, the number of runs of stone in each; the number of barrels of flour made by each the preceding year; and the number of oil mills, and the number of gallons of oil made the preceding year; the number of breweries, the number of barrels of beer made the |