BOARDS OF HEALTH IN CITIES AND VILLAGES. tute Board in lages. (1385.) SEC. 49. The Mayor and Aldermen of each incorpo- who to constirated city, and the President and Council, or Trustees, of each Chies and incorporated village in this State, shall have and exercise all the powers, and perform all the duties of a Board of Health as provided in this chapter, within the limits of the cities or villages respectively of which they are such officers. CHAPTER XXXVIII. OF THE DRAINING OF SWAMPS, MARSHES, OTHER LOW LANDS, THAT AFFECT HEALTH. AND INJU SECTION 1386. Owner of Swamp, etc., may apply to Township Board. 1387. Determination, Certificate of Board, and application for Summons. 1388. Summons to be issued by Justice. 1383. Summons to direct Notice to be given to Owner. 1330. Summons, how executed. 1391. Justice to attend Jury, and administer Oath, etc. 1392. Proceedings by Jury. 1393. Inquistion of Jury to be certified. 1395. When Applicant may enter and open 1336. Ditch may be cleared and scoured from time to time. 1397. Double damages for obstructing or injuring Ditch, etc. 1398. Justice to cause Maps to be filed with Township Clerk. 1399. Board of Supervisors to appoint Commisto superintend Drainage of sioners SECTION 1400. Oath of Commissioners. 1401. Commissioners to make Observations and 1402. To estimate and apportion Expense of 1406. Return of Lands delinquent for Tax; Sale 1407. Powers of Commissioners to locate and 1408. And to deepen, widen, and clear out same. 1403. Fine for injuring Drain. 1410. Money not to be paid by County Treasurer for Drainage out of any other Fund; Land SECTION 1411. Compensation of Commissioners. 1412. When orders may draw Interest. 1414. B whom Claims audited, and by whom SECTION 1415. Bids at Sale may be paid in Warrants 1416. Annual Report of Commissioners. Chapter One Hundred and Thirty-One of the Revised Statutes of 1846. OF THE DRAINING OF SWAMPS AND OTHER LOW LANDS. Owner of Swamp, etc., may apply Board. 1839, p. 153. (1386.) SECTION 1. Any person owning or possessing any to Township swamp, marsh, or other low land, who shall desire to drain such land, and who shall deem it necessary, in order thereto, that a ditch, or ditches, should be opened through lands belonging to other persons, in case the owners of any such lands shall refuse to permit the opening of such ditch, or ditches, through the same, may make application, in writing, to the Township Board of the township where such marsh, swamp, or other low lands shall be situated, to inquire and determine whether such marsh, swamp, or other lands are a source of disease to the inhabitants, and whether the public health will be promoted by draining the same. Certificate of cation for Sum mons. Determination, (1387.) SEC. 2. Upon such application being made to the Board, and appli Township Board, they, or a majority of them, shall inquire and determine, and certify under their hands, whether the marsh, swamp, or other low lands, are a source of disease, and whether the public health will be promoted by draining the same, and if they shall certify that the same are a source of disease, and that the public health will be promoted by draining the same, the person or persons making such application may file such certificate with any Justice of the Peace of the township in which the lands are situated, through which any such ditch is proposed to be opened, and apply for such summons as is hereinafter specified. Summons to he issued by Justice. (1388.) SEC. 3. The Justice to whom such application shall be made, shall thereupon issue a summons, directed to the Sheriff, or any constable of the same county, requiring him to summon nine reputable freeholders of such county, who are not interested in the said lands, nor in any of them, nor in any wise of kin to either of the parties, to be and appear on the premises, at a certain time to be specified in such summons, not less than ten, nor more than twenty days from the date thereof. reet Notice to be (1389.) Sec. 4. Such summons shall also direct the Sheriff Simmons to dior constable to give at least six days' notice to the owner of g ven to owner. such lands, of the time at which such jury is to appear. executed. (1390.) Sec. 5. The officer to whom such summons shall be Summons, how delivered, shall execute the same by summoning such jurors, in the same manner, and with the like authority, as upon venires issued in cases pending before Justices of the Peace, and shall in like manner make return thereof, and of the fact of his having given the notice therein required. Jury, and admin (1391.) SEc. 6. The Justice shall attend at the time and Justice to attend place specified in the summons, and if it appear that due ister Oath, etc. notice has been given, as required in the summons, and if six or more of the nine freeholders, as above specified, shall then and there appear, he shall administer to each of them an oath or affirmation, well and truly to examine and certify, in regard to the benefits or damages which will result from the opening of such ditch or ditches. Jury. (1392.) SEC. 7. The person applying to have such ditch or Proceedings by ditches opened, shall then deliver to the jury a map of the land through which the same are proposed to be opened, on which map the plan, length, width and depth of such ditch or ditches shall be particularly designated; and thereupon the jury shall personally examine the premises, and hear any reasons that may be offered in regard to the question submitted to them; and they may, if they think proper, vary the dimensions of any ditch so proposed to be opened; but in such case they shall designate on the said map the alterations made by them. Ja y to be certi (1393.) SEC. 8. If, after taking all the circumstances into Inquisition of consideration, the jury shall be satisfied that the opening ofte i such ditch or ditches is necessary and proper, they shall so certify by inquisition in writing; and if so satisfied, they shall further certify by such inquisition, that the benefits which will accrue to the owner of the lands. from the opening of such ditch or ditches, will or will not be equal to any damages that he will sustain thereby; and if such benefits shall be certified not to be equal to the damages, the jury shall assess the damages which, in their judgment, will be sustained by such owner, and certify the same in like manner. de ivered to Jus ce.s and Jury. (1394.) Sec. 9. Every such inquisition shall be signed by Inquisition to be all the jurors, and delivered to the Justice; and the Justice, tie; Fees of Of jurors, and officer serving the summons, shall be entitled to receive the same fees for their services under the provisions When applicant may enter and open Ditch. cleared and time to time. of this chapter, as are allowed by law for similar services in causes tried before Justices of the Peace. (1395.) SEC. 10. Upon payment or tender of the damages assessed by the jury, and the costs of such assessment, or if no damages shall have been found by them, upon payment of the costs of the proceedings, and the delivery of the certificate of the jury to the Justice, it shall be lawful for the person applying for such summons to enter, with his servants, teams, carriages, and necessary implements, upon such lands, and then and there to cut and open such ditch or ditches as were designated on the said map, according to the plan and dimensions therein specified and adopted by the jury, not deviating materially from such dimensions. Ditch may be (1396.) SEC. 11. After such ditch or ditches shall have been scoured from opened, it shall be lawful for the said applicant, his heirs or assigns, forever thereafter, from time to time, as it shall be necessary, to enter upon the lands through which such ditch or ditches shall have been opened, for the purpose of clearing out and scouring the same, and then and there to clear and scour such ditch or ditches, in such manner as to preserve the original length, depth, and width thereof. Double damages for obstructing or (1397.) Sec. 12. Any person who shall dam up, obstruct, or injuring Ditch, in any way injure any ditch or ditches so opened, shall be liable to pay to the person owning or possessing the swamp, marsh, or other low land, for the draining of which such ditch or ditches shall have been opened, double the damages that shall be assessed by the jury for such injury, and in case of a second, or other subsequent offence by the same person, treble such damages. Justice to cause Maps to be filed Clerk. (1398.) SEC. 13. The Justice before whom such proceedings with Township shall be had, under this chapter, shall cause the map delivered by the applicant, and the inquisition of the jury, which he shall certify to have been taken before him, to be filed in the office of the clerk of the township wherein the premises shall be situated, to be kept in his office, as a record of the proceedings between the parties. sors to appoint An Act to Provide for the Draining of Swamps, Marshes, and other Low Lands. [Approved February 17, 1857. Laws of 1857, p. 431.] Board of Supervi• (1399.) SECTION 1. The People of the State of Michigan enact, Commissioners to That the Board of Supervisors in any organized county of this Drainage of State shall have power to appoint three Commissioners, to superintend superintend the drainage of swamps, marshes, and other low Lands. lands, in their respective counties, according to the provisions of this act, as do in their judgment affect injuriously the health of the inhabitants. sioners. (1400.) SEC. 2. Before entering upon their duties as Com- oath of Commis missioners, they shall severally make oath before some person duly authorized to administer oaths, that they will justly and impartially discharge the duties assigned them by this act, which oath shall be by them filed in the County Clerk's office. (1401.) SEC. 3. It shall be the duty of said Commissioners Commissioners to to examine, personally, the marshes and other low lands in tions and surveys their respective counties; to make such observations and surveys as they may deem necessary to determine the route, line, and dimensions of the several ditches required to be cut in, or from the same, together with their length, breadth, and depth. make observa for Ditches. apportion ex and cause Maps (1402.) SEc. 4. Said Commissioners shall also make an esti- To estimate and mate of the sum necessary to be raised to pay the expenses of pnse of Ditches, making such ditches or drains, including all incidental expenses. to be made. They shall also make an estimate of the sum that ought to be levied on each section, or part of a section of land in such marshes or other low lands, in such proportion as they shall deem just, according to the benefit that will accrue to each by making any such ditches or drains; and they shall cause maps of said lands to be made, designating thereon the length, depth, width, position and direction of every ditch or drain by them laid out or contemplated; said map shall also contain a description of every section, or part of a section upon which estimates have been made, with the amount of such estimate; also the aggregate amount to be collected in. each township. making Ditches. (1403.) SEC. 5. Said Commissioners shall contract for the To Contract for performance of the work and materials required to complete such ditches and drains; but contracts shall be upon reasonable public notice, published not less than three weeks in some newspaper printed in the county, or if no paper be printed in the county, in a newspaper printed in some county nearest thereto, and such other notice as to them shall seem proper, and shall be subject to the action and judgment of the Circuit Court, as hereinafter specified. to Circuit Court. (1404.) SEC. 6. Said Commissioners shall make a full report To make Report to the Circuit Court of all their doings in the premises, accom |