day's refusal, pay the sum of one dollar; and if he was lawfully required to furnish a team, carriage, man, or implements, and shall refuse or neglect, without good cause, to comply, he shall pay as follows:

1. For wholly refusing to comply with such requisition, three dollars and fifty cents for each day;

2. For omitting to furnish a cart, wagon, plough or scraper, one dollar and twenty-five cents for each day;

3. For omitting to furnish a yoke of oxen or span of horses, one dollar and twenty-five cents for each day;

4. For omitting to furnish a man to manage the same, one dollar and twenty-five cents for each day.

to make

com

persons liable for

(1031.) SEC. 9. It shall be the duty of every Overseer of Overseer, when Highways, within six days after any person shall become plaint against liable for the payment of any sum of money under the pro-neglect, etc. visions of either of the last three preceding sections, unless a satisfactory excuse be rendered to him by the person so liable, to make complaint in writing and on oath, to some Justice of the Peace of the township, stating the default, neglect, refusal, or other cause, by reason of which such person became so liable.

complaint.

execution.

(1032.) SEC. 10. The Justice to whom such complaint shall Proceedings on be made, shall forthwith issue a summons, directed to any constable of the county, requiring him to summon the person against whom the complaint shall have been made, to appear forthwith before such Justice, at some place to be specified in the summons, to show cause why a judgment should not be rendered against him according to law for the cause mentioned in the complaint; which summons shall be served personally. (1033.) SEC. 11. On the return of such summons, or within Judgment and such reasonable time thereafter as the Justice shall allow, if no sufficient cause shall be shown to the contrary, the Justice shall render a judgment in favor of the people of this State against such person for the sum which such person shall have become liable to pay on account of the default, neglect, or other delinquency mentioned in the complaint, with the costs of prosecution; and shall forthwith issue an execution under his hand, directed to any constable of the county, commanding him to levy the amount of such judgment, including the costs of the proceedings, of the goods and chattles of such defendant. (1034.) SEC. 12. The constable to whom such execution shall Proceedings on be delivered, shall forthwith proceed to collect the moneys therein mentioned, by distress and sale of the goods and chattels

execution.

Moneys collected to be set off

ment.

of the defendant therein named, giving at least ten days' notice of the time and place of sale; and he shall pay such moneys, when collected, to the Justice who issued the execution, who shall pay the same to the Overseer who entered the complaint, to be by him expended in improving the roads and bridges in his district.

(1035.) SEC. 13. Every sum of money collected for a refusal against Assess or neglect to appear and work on the highways, shall be set off against the assessment upon which it was founded, estimating every one dollar and twenty-five cents collected, exclusive of the costs of the proceedings, as a satisfaction for one day's work.

Excuse, effect of.

List of non-resident Lands, etc.,

Supervisor.

(1036.) SEC. 14. The acceptance by an Overseer of an excuse for a refusal or neglect, shall not in any case exempt the person excused from commuting for, or working the whole number of days for which he shall have been assessed during the year.

(1037.) SEC. 15. Every Overseer of Highways shall, on or to be delivered to before the first Monday of October in each year, make out and deliver to the Supervisor of his township, a list of all the lands of non-residents and of persons unknown, which are taxed on his list, upon which the labor assessed has not been paid, and the amount of labor unpaid; and said Overseer shall make and subscribe an affidavit thereon, before some person competent 1844, p. 69, Sec. to administer oaths, or before the Supervisor, that the labor assessed upon the lands so returned has not been performed, and remains unpaid.

4.

Supervisor to

cause delinquent

lected, etc.

(1038.) SEC. 16. The Supervisor of each township shall Taxes to be col cause the amount of such arrearages of labor, estimating the same at one dollar for each day, to be levied on the lands so returned, and to be collected in the same manner that the contingent charges of the township are collected; and the same, when collected, shall be paid into the Township Treasury, to be applied by the Commissioners of Highways, in the construction and improvement of roads and bridges in the road district for the benefit of which the labor was originally assessed, except when said taxes are otherwise appropriated, or disposed of by law. (b)

Account to be rendered by Overseer.

(1039.) SEC. 17. Every Overseer of Highways shall, on or before the second Saturday next preceding the time of hold

(b) As Amended by Act of February 3, 1857. See note to Section 1025.

ing the annual township meeting, render to the Commissioners of Highways an account in writing, verified by his oath, to be administered by the Township Clerk, or some other person competent to administer such oath, and containing:

1. The names of all persons assessed to work on the highways in his district;

2. The names of all those who have actually worked on the highways, with the number of days they have so worked;

3. The names of all those against whom judgments have been recovered by virtue of this chapter, and the sums so recovered;

4. The names of all those who have commuted, and the amounts paid by them, and the manner in which the moneys arising from judgments and commutations have been expended by him;

5. A list of all the non-resident lands in his district upon which the labor has been performed or commuted for. (c)

over Moneys in

(1040.) SEC. 18. Every such Overseer shall, immediately overseers to pay upon the rendering of such account, pay over to the Township their hands, etc. Treasurer all moneys collected by him for judgments and commutations, and remaining unexpended, to be applied by the Commissioners in the construction and improvement of roads and bridges in the road district of the Overseer who paid over the same.

Treasurer to sue

(1041.) SEC. 19. If any Overseer shall neglect or refuse to when Township pay over any moneys remaining unexpended in his hands, as for Moneys, et required by the preceding section, it shall be the duty of the Township Treasurer forthwith to sue for the same in his name of office, in an action for money had and received to the use

of such Treasurer, which moneys, when collected, shall be applied as provided in the preceding section.

how drawn

(1042.) SEC. 20. No money shall be drawn by the Commis- Highway Maneys sioners of Highways from the Township Treasury, in payment of any labor, contract, or materials furnished, except by an order signed by a majority of them, and accompanied by their certificate that the labor has been actually performed, or the 1841, p. 159, Bee. contract fulfilled, or materials furnished, for which the amount of such warrant is to apply in payment.

5.

(1043.) SEC. 21. Whenever the Commissioners of Highways Letting of conshall determine to appropriate any portion over ten dollars of ete.

tracts for repairs,

(c) See the Act of March 6, 1849, next following.

the moneys accruing to their township on account of nonresident highway taxes, in the repairing or construction of roads or bridges therein, they shall contract at public auction, with the lowest bidder giving good and sufficient security, for 1841, p. 159, Sec. the performance thereof; and not less than ten days' notice shall be given by said Commissioners, of the time and place of letting such contracts, by posting up such notice in at least three of the most public places in their township. (d)

6.

Commissioners of
Highways may

tain oaths.

An Act to Amend Chapter Twenty-Four of the Revised Statutes of One Thousand Eight Hundred and Forty-Six.

(Approved March 6, 1849. Laws of 1849, p. 61.)

(1044.) SECTION 1. Be it enacted by the Senate and House of administer cer- Representatives of the State of Michigan, That any Commissioner of Highways be, and is hereby authorized to administer the oath required by section seventeen of chapter twentyfour of the Revised Statutes of one thousand eight hundred and forty-six.

(d) As Amended by Aet 206 of 1848, p. 313, Section 2.

CHAPTER XXII.

OF LAYING OUT, ALTERING AND DISCONTINUING