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An Act to Provide for the Recording of Town Plats, and for Vacating the same in certain

cases. (a)

[Approved April 19, 1839. Took effect May 19, 1839. Laws of 1839, p. 162.]

corded.

(1132.) SECTION 1. Be it enacted by the Senate and House of Plat to be ReRepresentatives of the State of Michigan, That whenever any lands shall be hereafter laid out within this State as a town or

(a) For prior Laws on this subject, see the Act of March 12, 1821 (Code of 1820, p. 394), and the Act of March 12, 1827 (Revision of 1827, p. 278).

lect.

village, or as an addition to any town, village or city, the proprietors of such lands shall cause a true map or plat thereof to be recorded in the office of the Register of Deeds of the county where the same lies, before any lot or lots therein be offered for sale; and if any person or persons shall sell any lot or lots laid out as aforesaid, before the same be recorded as aforesaid, such person or persons shall forfeit and pay the Penalty for neg- sum of fifty dollars for every lot so sold; and that in all cases wherein any lands have been heretofore laid out as a town or village, or as additions to any town, village or city, and the proprietor or proprietors thereof have sold any lot or lots therein, and shall, after the term of nine months from the passage of this act, neglect or refuse to have the same duly acknowledged and recorded according to the provisions of the act to which this is amendatory, such person or persons shall forfeit and pay a sum not less than fifty dollars, nor exceeding two hundred dollars, in the discretion of the Court, for each and every year of such neglect or refusal. (b)

Contents of Map

when Recorded

to vest certain

(1133.) SEC. 2. That such maps or plats as are by this act rights in County, required to be recorded, shall particularly set forth and describe all the public grounds within such town, by its bounda ries, courses and extent, and whether it be intended for streets, alleys, commons, or other public uses, and all the lots intended for sale, by progressive numbers, and their precise length and width; and the maps made and acknowledged before a Justice of the Peace, a Notary Public of the proper county where the town lies, or before any Judge of any Court of Record, and certified under the hand and seal of the Judge, Justice or Notary Public taking such acknowledgment, and recorded, shall be deemed a sufficient conveyance, to vest the fee of such parcels of land as therein expressed, named or intended to be for public uses, in the county in which such town lies, in trust to, and for the uses and purposes therein named, expressed or intended, and for no other use or purpose whatever.

11 m. Rep. 554.

13

do 50.

1 Blackford 43.

7 Ind. Rep. 9.

Recording Maps

that do not com

articles of Sale.

(1134.) SEC. 3. That if any proprietor or proprietors, their ply with original agent or attorney, shall cause any map of a town to be recorded. as aforesaid, which does not set forth and describe in manner aforesaid, all and every parcel of ground which has been, or shall be promised or set apart by the original articles of sale

(b) As Amended by Act 118 of 1818, p. 141, and Act 5 of 1849, p. 4.

for public uses and other lots, such person or persons shall forfeit and pay double the value of the ground so promised and not set forth on the map, three-fourth parts thereof to the use of the county where such town lies, for the express purpose of purchasing ground within, and for the use of such town, in lieu of that which was so promised, and the other fourth part to the use of the person prosecuting.

may alter or

Plat.

(1135.) SEC. 4. That the Circuit Courts in and for the sev-Circuit Court eral counties are hereby authorized and empowered, on vacate Town application made by the proprietor or proprietors of any town within their proper county, to alter or vacate the same, or any part thereof.

tion to Court for that purpose.

(1136.) SEC. 5. That if any proprietor or proprietors of a Notice of applica town shall be desirous of altering or vacating the same, or any part thereof, such proprietor or proprietors shall give notice in writing of such intended application, in at least two places. in the county wherein such town may be situated, one to be set up in the most public place in said town, and one on the Court House door of the said county, and insert a copy of the same in a newspaper, printed or in circulation in said county, at least sixty days prior to the sitting of the Court to which he, she, or they, intend to make such application.

to be granted.

(1137.) SEC. 6. That if such applicant or applicants shall When application produce to said Court satisfactory evidence that the notice required by the preceding section of this act has been given, and that all persons, owning any lot or part thereof in said town, have agreed that the whole or a part thereof shall be altered or vacated, or that there is no reasonable objection to making such alteration, the Court shall proceed to alter or vacate said town or any part thereof, and order their proceedings therein to be recorded by their clerk, with the record of said Court: Provided, That the vacating of any town plat, or any part of a town plat, shall not vacate any part of a State or county road. (1138.) SEC. 7. That the clerk of said Court shall give to the Record of Count applicant a certified copy of such record, for which he shall County Register. be entitled to receive the sum of one dollar; and it shall be the duty of such applicant to have such certificate recorded by the Register of the county, within six months there

after.

to be recorded by

to be recovered,

(1139.) SEC. 8. That the several forfeitures arising under Forfeitures how this act may be recovered in an action for debt, by any person who shall sue for the same, before any Court having cognizance of the same; and in any action to be brought for any

Register to Record Plats filed,

ledged.

penalty incurred under this act, where judgment shall be given for the plaintiff, the Court shall award to him his legal costs of suit, and if, in any case, the body of a proprietor cannot be found, the property of such proprietor shall be liable to be attached as for any other demand, and where any forfeitures are not, by this act, otherwise appropriated, they shall be paid over to the plaintiff prosecuting for the same; and in case no individual prosecutes for the same, it shall be the duty of the Prosecuting Attorneys of the respective counties, in all cases of the failure of the proprietor or proprietors of any lands laid out as aforesaid, to comply with the provisions of this act, to prosecute such proprietors on behalf of their respective counties, for the penalties herein prescribed. (c)

(1140.) SEC. 9. That in all cases where plats of any town, or but not acknow village, or additions to any town, or village, are now filed in the Register's office of the respective counties, and such plats have been so filed by the proprietor, or proprietors, their agent, or Attorney, and the same have not been duly acknowledged and recorded, as provided by the act to which this is amendatory, it shall be the duty of the Register of Deeds of the county in which the lands so laid out are situated, to record the same as provided in said act, and when so recorded, the said plat shall be as valid and effectual for the purposes of the assessment, collection and return of taxes, and of the sale of said lands which may be delinquent in the payment thereof, as though the same had been duly acknowledged and recorded according to the provisions of the act to which this is amendatory, and the said Registers shall receive for the services rendered under the provisions of this act, such sums as the Boards of Supervisors of their respective counties shall deem reasonable, to be paid from the Treasury of the county. (d)

Effect.

Person interested may appear and

tion.

(1141.) SEC. 9. When application is made to alter or vacate oppose applica- any Town or Village Plat, as aforesaid, any person or persons interested may appear in person or by attorney, and oppose the same, by having his or their appearance entered upon the records of said Court for that purpose; and in case the proprietor succeed in his application, then judgment shall be rendered in his favor, and costs against the person or persons opposing the same; but in case the proprietor does not suc

Judgment.

(c) As Amended by Act 118, of 1848. Laws of 1848, p. 141.

(d) Added by Act 118, of 1848, which took effect May 26, 1848; and Amended by Act 5, of 1849. Laws of 1849, p. 4.

ceed in his application, judgment shall be rendered in favor of the person or persons opposing the same, for costs, and shall be taxed and execution issued therefor as in other cases. (e)

An Act to Amend an Act entitled, "An Act to Amend an Act to Provide for the Recording of
Town Plats, and for Vacating the same in certain cases; approved April 19, Eighteen
Hundred and Thirty-Nine."

[Approved Jan. 17, 1849. Laws of 1819, p. 4.]

Record of Town

(1142.) SECTION 1. Be it enacted by the Senate and House Act relative to of Representatives of the State of Michigan, That the act Plats amended. approved March 27th, eighteen hundred and forty-eight, being "An Act to Amend an Act to provide for the Recording of Town Plats, and for vacating the same in certain cases, approved April 19th, eighteen hundred and thirty-nine," be and the same is hereby amended as follows:

(1143.) SEC. 2. Amend section one by inserting the words, Ibid. "of deeds," after the word "Register," in the tenth line.

(1144.) SEC. 3. Strike out of the seventh line in section three Ibid. (f) the words, "County Register," and insert in the place thereof the words, "Register of Deeds of the County."

legalized.

(1145.) SEC. 4. All Town Plats recorded since the passage Certain Records of the act hereby amended, shall be deemed as valid and effectual in law, as if the same had been recorded, under the provisions of said act, as hereby amended.

SEC. 5. This act shall take effect and be in force from and after its passage.

An Act Relative to Town Plats.

(Approved March 20, 1850. Laws of 1850, p. 72.)

valid.

(1146.) SECTION 1. Be it enacted by the Senate and House of Flats; when Representatives of the State of Michigan, That in all cases in which the proprietor or proprietors of any piece of land shall heretofore have caused the same to be laid out and platted as a town or village, and shall have caused such plat to be recorded Effect of Recordin the office of the Register of Deeds of the county in which knowledged. such land is situated, without having acknowledged the same according to the statute in such case made and provided, and

ed Plat not ac

(e) Added by Act 210 of 1850, approved and in force from April 1, 1850. Laws of 1850, p. 212. (f) Section 9 as above given.

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