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f lie Kmc fortkvncr, A WEEKLY JOURNAL. PUBLISHED EVKRV FRIDAY MORXIN'O, By T. It. IIAIIRIHOX, ItntCd of AdveMIslpp. Ono squar?, (12 lines or less,) one iuitito,....S) One square, each lubicqueut iLTtiu,. 'If One miuare, (12 lins or less,) on yr, 7,00 Oaa H'juare, ' u ' ix cuinlhs, One square, " " three 14 S.l'O One Culurnn, one year,. 4 . . .60,00 One Column, six mouths, f 35,00 One Column, three mouths, K,0 Half do one year 35,00 One (jr. do do do HLANKS, of all kinds, including Warrantee Deods I Kill HeuJj , Quit Claim l)eod, Pltoik Not !H A P & ill One Dollar per year In Advance. One Pollar and fifty ceuts if cot iaid iu six myntli Chattel Mortaes, Land Contracts Kunds, (all kinds,) Plank lU-nH , School Ortifica'.oa School Ilp'rts Marriage Ctrtilleart, . . J Oil 1YOUK. VOL. 4. NO. 3. PAW PAW, MICH., FlUflAY, AP1UL 30, 1858. WHOLE NO. 159. Plain, Fancy, Ornamental, (in colors or not,) xccuted with neatness and despatch, at this ollico KziHMitions, Always to he found for sule as ahov. VAN UUBEN COUNTY OFFICERS. S. II. LLACKMAN, Eerlstex, of Deeds, Attorney at Law, and Notary FuMir, will att4id to the business ot Convey fencing, drawing agreement), applications for o-ouhty lands, wills, to. tbo purchase and slo J real estate, payn.ent f taxes, examination of title and tho compromising of conflicting titles, fce. Ofrice in tho Court Ilouso. 6 ly a. m NASH, ludge of Probate, and Notary Fublic, Van Huren Co. ConveynMcing and other business pertain ing to said officca promptly utteinkd to. Will ftlao attend to tho iurenaso and pale of Heal Eatate, Examining Titles, paying Taxes, pro curing ltrunty Land Warrant, ke. Ollico iu the Court Houe. 2d door n tho right. 91. CHAM)!.!:!! niCHAKDN, Attorney, Solici'or and Couuador at Law. Prose cuting Attorney, and Cireuit Court Commiiisioner for th County of Yau Puren, Kouuty Land and Pension Agnt. Contracts drawn, and collect ing pto.nptly attended t-"). OHico in the Court IIcusc. 119-tf. Paw Puw, .... Michigan. County Treasurer, Von Pyrcu County, Notary Pub lic, ., will idtend to the purchase and sale of Keal Estate, examining titles, payii TaxeH. pro curing Bounty Land Warrant, &t. Ofticc in the Court Hou.e. T. II. IIARIUMKV, Plain. Fancy, Co": Nows and Ornamr ntal Printer HandhilK iV-sters, Cards, Pall Tuhd. Av. opeo dily and juickly executed with neatness uinl dis patch. All order re.-jK ctfnlly folk-hod. Pi ices moderate Xokthkhxlji Ofi u i: in-rth side of main btreet, Puw Paw. E. S JUT J I V ).. Wholesale aud Utail Dealers in Foreign and Do mestic Dry !ood., Ready M:dc Chithing. Roots .1 Shoes, tirucerb's. V'M c. l.onu Prick Store, Corner of Main tmd Kn!.nu:i.uo sts.. Paw Paw, Michigan. 161. ly. F. W. Sl!LIii:clv, Dealer in Dry (Jood, 1 5 rot-erics, Heady le no thing, Roots and Shoes, Hats and t aps. lioit.l a dd at the lowest figures, all kiis.ls of produce taken iu exchange. Store oi.e door wef of K. Smith A Co's. Plea.-e ;i e me a cull. Paw Paw, Mo ly. Mich. JIELOIM A.H. The cheapest Mu.-i. Mason X Hamlin, end Prince A Cti" hut r exclusive, patented iiiu vcmrnts. Prni. Randall. Lawrence. Ajtent can furni.-h and warrant f-r durability, :t J ';.'t --ry I'lice, voire loud r It nnd tin.e in the eual tern o raidfiit. Lawrence, Nov. 1, lw.'7. I. "..".-If. IIENRV LLC.: W, Manufnctnrcr of and d- al-rin Vi'insor CvtU.go and enxo oat chair. Turning, repaiiing, Ac, e.c cuted on short notice. Sttne lime for ki'o and roiiStantly on hand. Shop pjv-fito the Melho liht Church, iu tbo iv-w c al.ihct hl.op. 1'aw I'aw, Ju'.y O, lt37. i-o:y i 1IEVUY STERNE, Dealer in Ready-Mu le Clothing. Hals, Cjs. Vali ses and (icntlcmon'd Furnishing (loodn, w hich will bo sold to a lit customer. First Door EasS of Israel's Fancy Store. Kalamazoo, Midi. 129-lv. AT THE' CITY STORE (h't)Ofitc the Court House, in Paw Paw, mav be found a good assortment of Roots A Snor.s, mun wfacturcd t uU tnc trade and warranted to suit. Also, a choice .selection of Family !i:oi i:uiks for u.Ai cheap by T. A, A. J. CRANtiKR. -MllToltK. li-'-ly. ie:.Ti.sri:v. 1. W 1.. ... V... f .,lA nl ,.11 itt'O.W .it ll rooios over Ismon. Wanen ai d (Vs St. .re. ami is prepared to oxe-ute elegantly ami v.ell, all , , i t .i. ii . e i : . . .. e. ! ... kinds of work in the Iim; of his profession. Teeth extracted, filled with pdd or silver foil ai il new ones inserted, singly or in n-ttf, u-'Uii the must improved piim iplcs 1' the art. 117. DRAYMA.V. TR. F.NSKiN, having cutnl lirdiol himself in 1 Pa Paw village for the purposo of following the above business will attend to all "j.d.s" in hi- line with dilligencc and dispatch. ZH" C.'nrtlem Ploughed to Oulo-.-v Paw Paw, Mich.. March I'lth, IS58. K My. O. P. tiOKTOX, Dealer in Crockery, (ilaas and China-ware, Paper Hangings, Window Shades and Curtains, Cut lery, Jewelry, Yankee Notions, Stone and Past ern, Ware, Ac. South Fide of Main st. firsd door west of L Smith A Co., 147-tf. C. M. 01) ELL, M 1). Homeopathic I hysiciaa, Sjrgon entist, and (JbsUtrieiun. Also, dealer in Rooks Ar Station ary. He may at all lin os bo found at his Rushl'.'iico on tho corner of Nilcs cc Paw Paw ht. dir-ctly kouUi d' Chas. Scllick'd. " M. I ALLEN, llanufacturcr rl and dealer in all k'nds of Cnblnot Ware; cou:Hling in part of Rurcans, TuMe?, Re4-Kea 1, Loungs, Toilat, Washing nun Light 'tnudfl, etc., rtf. CotQns made to rdir. Ware rooms, oppoitu the M. E. Church, Main-M. i:7 A. 1J.1NOS tj- CO, Proprietor Paw Paw Livery Ruble. Horses and Carriage at all timqa to let. Passengers con veyed to any part of tha country wi'h despatch. Stable in roar of Exchange Hotel. Terms mod erate. 23yl TTe j a yi ix s nm o n h, Clock and Watch maker, and Jeweler. Mattawan, Michigan. Repairing done in the beat manner aud on reasonable terms. 1,'iO-ly. E. ;. m i LRU Ac CO., Wholesale and Retail dealers in American, Eng lish nnd ("Scrmroi Hardware; also, Iron, Nails and Glass; Cooking, Parlor ami Rose Stoves, Tin, Copper and Sheet Iron are. Thop wish ing to trad'j ill please givo us a call Irrfore pur chaiu2 elsewhere. 150. Paw Paw, Mich. ".s. c', aniMEs, Waaler ia (Irocerics and Provisions, Fih, Frait, Nuts, Puiiit, Oils, Yankee Notions, Woocton, Willow av.d S'.one Wara, Confectionary, Cigars, Drug and Moc'icino lioks and Stationory, ura Liquors for Mvdieiual and Mechanical par po.ses etc., ctf. Sly I i. o. grimes.. Paw raw W. Ii. IU1VKIM, pjalor In Dry Goads, CI ro:e,-ies, Hardware, Ready Madc Clothing, P.oota and Shoes, Hats and Caps, fcc. Stiro,Jouth side Main street. 4-ly LitH AXDin:ivs woodman," !Tv formed ft copartnership for tbo prsdico of Mi?cin in 1 ricry. Ail uYc rpriiptly atfen . J I - LAWTON BUSINESS CARDS. D. E. KWEET, Manufacturer and dealer in all kinds of Cabinet Ware, consisting iu part of BuretuiH, Tublei, Bedsteads, Lounges, Toilet, Washing and Light Stands, Ac., Ac., Collins made to order. All kinds of produce and lumber tukcu in puyinent for which will bo paid the highest market price. Warerooms, ouo door north of tho Red Klack Emith'a shop. M7-tf. Lawton, Michigan. Ci. 1. SMITH k into., Dealers in Groceries and Provisions, Pish Fruits, Confectionary, Cigars, Paints, Oils, (J lass, l)yo Stuffs, Yankee Notions, Perfumery, Drugs and Medicines, Wooden and Willow ware, Pure Liq uors for Medicinial and Mechanical purposes, Pooka and Stationery, etc., etc., Lawton, Michigan. (1. P. SMim, ) K. 11. Smith. J 165-1 v. ."! OXU3IENTA L M A K II 1.12, Of the bet quality, latest stylos, and of superior finish, manufactured to order at the shortest no ticc, and tho lowest possible price atmv tdiop. 157-f.in. W. J. McKINNKY. Lavs ton, - - Mich. SIMMON'S & DARLING, Dealer in Sash, Blinds and Doors, and all kiuds of Cabinet are, at the Steam Saw Mill. Luwton, M7-tf. Mich. DRS. SAXTOX Aj DEWEV, Have formed a co-partnership for the practice of Medicine unl Surgery in all its departments. All calls promptly attended to, ilny or night. A good assortment of choice medicines aro kept constantly for sale. l.C-ly. Rrcedsv ille, .... Mich. THE Hum WAY LAW. A bill to ameiul an act entitled "An act to repeal chapter twenty -live of the He vised .Statutes of liMO; also, Act 2, entitled an Act to amend chapter twenty-live, of the Kev ixd Statutes of 14(1, relative to laying out, altering, and dis continuing highways, approved March 18, 184S also, Act No. 72, entitled an Act to amend chapter twenty-live of the Revised Statutes of 1810, approved March lo, IS is," and to provide for altering, laying out, and discontinuing highways, approved February 17, 1857. Sec. 1 The People of the Slate of Michigan enact : That an act to repeal chapter twenty-five of the Revised Stat ute's of 1840; also, act twenty-eight, en titled an Act to amend chapter twenty live of the .Revised Statutes of 1810, rela tive to laying out, altering and discontin uing highways, approved March eight eenth, 1 848 ; also, Act Xo. seventy-two, entitled An Act to amend charter twenty-live of the Revised Statutes of 1840, approved March 15, 1818, and to provide for alterinjr, laying out and discontinuing highways, approved February 17, 157, be so amended as to read as follows : That whenever any ten or more free holders of any township shall wish to have a highway in any part of such town ship not included within the corporate limit.- of any city or village, altered, laid out or discontinued, they may, by writing uu'Iit their hands, make application to ti '. ommissioncrsj of Highways of the r. :v.hip for that purpose, who shall pro- i to alter, lay out or discontinue such li".'-;iway ua hereinafter directed. J'ron- ((-,(, lliat 110 f-OCUlld application Slinll be ' ... . 1 . ttiadc within twelve nionthri h.r the t-anie purpose. ProciJril, That whenever the person or persons through whose land the proposed highway is to be altered or laid out, shall give his or their consent in writing, according to the provisions of section seventeen of this act, and release any claim for damages, the Commissioner of Highways shall have power to alter or lay out the proposed highway without the intervention of a jury or Commissioners appointed by a Court of Record as herein after provided, and shall certify their ac tion to the township clerk. Sec. 2. That whenever the Commis sioners of Highways shall be applied to as mentioned in the proceeding section to alter or lay out any highway, they, or any one of them, shall within live days there after, make application to a Justice of the Peace of the same or an adjoining township, for the Appointment of a jury of twelve freeholders of the county to ascertain tho necessity of taking the property described in such application, and to appraise the damage thereon, which application shall be in writing, and describe the premises through which it is proposed to alter or lay out such highway. Sec. 0. Upon the receipt of such appli cation, the Justice shall appoint a time and place for that purpose, and shall issue a citation or notice stating the object, time and plr.co of such meeting, which shall be by the Highway Commissioners on the owner or occupauts of lands thro' which it is proposed to alter or lay out such road, at least ten days before such time ; and in case any such land is unoc cupied, the notice may be served by post ing up the same in three public places in i V a .1 1 r il . i. uie. io iiMiip, ten uaya uciorc inc lime 01 meeting. Sec. 4. If the Commissioners or any ono of them, and the owners or occupants of such lands, or any such as may be pres ent cannot agree upon any other mode of appointing such jurors, they shall be op pointed in the following manner: "Tho Justice may make a list of twenty-four disinterested freeholders residing in the county, and each party may object to six on tho list, and if cither party fails to ap pear, or refuse to act, the Justice and tho other party, or the Justice alone, may rtrike v'it the Eflinep of trclrr, and the remaining twelve shall be the Jurors so- j lected, aud the Justice may continue tho j hearing of tho application for not more ! than six or more than twelve days." Sec. 5. The Justice shall then annex j to the application a Warrant under his hand, returnable on said adjourned day issue the same, directed to any constable of the county, commanding him to sum mon the said jurors to be and appear at the place appointed on the said adjourned day, to serve as jurors, to ascertain the necessity of taking certain property for highway purposes, and to appraise the damage thereon, aud if all the jurors shall not appear, the Justice shall cause a suf ficient number of talesmen to be sunimon cd to make a full jury. And if said jury shall fail to agree and return a verdict to the justice within the time provided by this act, they shall be by such Justice dis charged, and a new Jury ciupauneled within twelve days upon the same appli cation and in the same manner and ioiri as herein provided for empaneling a Jury. Sec. G. The Jurors shall be sworn by such Justice to ascertain the necessity of taking the property described in the ap plication, and justly and impartially to appraise the damage thereon, if any is claimed. They shall then proceed to view the premises described, aud shall within five daps thereafter, make a return to the said Justice in writing, to be sigued by them of their doing, which shall state, if such road be altered or laid out, the ne cessity of taking the property described in such application, and the amount of damage appraised, if any, to whom paya ble if known, and a statement of the time spent by them for that purpose, which re turn shall be certified by such Justice, and filed in the effice of the township clerk. See. 7. Such Jurors shall be entitled to receive one dollar per day, and fifty edits for each half day, and the Justice and Constable, each one dollar for their fees, and the damaires? which shall be as sessed as hereinafter provided, upon alter ing or laying out any highway, and all the lawful charge; against the township for service fees and expenses consequent' upon altering or laying out such highway, shall be levied and collected in the town ship within which such highway is .situ ated, and shall be paid upon the order of the Township Hoard, as other Township charges, except a.s hereinafter provided. ec. b. Wnencver the IJoniiiiiaiwucis of Highways of one township shall disa gree with the Commissioner of an adjoin ing township, whether in the same or an other county, in any matter relating to a highway on the line between the two townships, the Commissioners of both townships, or a majority of them shall meet at the request of the Commissioners of either township, and make their deter mination upon such subject tf agree ment. Sec. 0. Whenever it shall become nec essary to have a higl.way aiteied or i.tid out upon the line between two townships, application for that purpose may be rr.ade to the Commissioners of cither township, who shall proceed to lay out or alter such j road in the manner provided by this act. j but they shall cause the survey, or a .?opy J thereof certified by them, to be ::! a in the ollico of the Township Clerk ot each township. Upon proceeding to alter or lay out such road, application may be made to a Justice of the Peace of either township for the appointment of juror who may be drawn equally from the tow:i-1 ships on the line between wnicn tnc no road runs. The said jurors shall appraise the amount of damage to be paid by each township, and the return of their doings shall be certified by the Justice, and li'ed in the otlice of the lownship Ce:K. 1 1 each Township. ! Sec. 10. The Commissioner of High-; ways of such adjoining townships, upoo j altering or laying out a highway upon the line thereof, shall determine what part ol such highway shall be made and repaired : by each township, and each township j shall have all the rights and be subject to all the liabilities in relation to the part S such highways to be made and repnir. ii) by such township as if the same was io a -! ted wholly in such township. j SvC. 11. Public roads to bo laid out according to the provisions of this act, shall not be less than four rods wide, ex cept in cities or villages, where the Com missioners or other proper authorities may otherwise determine. See. 1L Whenever Commissioners of Highways arc applied to, as provided in section one of this act, to discontinue a road, they shall give at least ten days no tice, in writing to the owners or occupant ' of lands through which said road run.--, : tho time when, and place where, th-y will meet for that purpose, and in ease such land or any part is unoccupied, such notice may be given by posting up the same in three public places in the town ship. In case the Commissioners shall deem it advisable to discontinue such road they shall make and sign an order to that cflcct and cause the fcamo to be filed in the township clerk's office, from and after the timo of filing, whero such road shall cease to bo a public highway, unless an appeal phall be taken from the determination of said Commissioners, as hereinafter provi ded. Sec. 1.1. The Commissioner? cf High ways, or one of thvni nay, instead of ma king application fur the appointment of jurors, ixi provided n: section two of this act, make application to any court of rec ord i .r tho appointment of three Commission;:.-., whose duty it shall be to ascer tain the necessity of taking the property described in such application, and to ap praise thvs damage thereon, if any is claim ed.. The application shall bo in writing, and describe the premises proposed to bo taken for such highway purposes; and notico thereof shall be given at least live days previous to making such application to the owners or occupants of Land de scribed in the application, and such notice may be served by the highway commis sioners, in the same manner as provided in section three of this net. And such court shall be entitled to receive for its services on each application for the ap pointment of Commissioners, as provided ui ih'n ict. the sum of one dollar. S 1 : . T Commissioners so appoint jo ..!..-!'. i r.vo.u by ono of the Coinmis-sift.-: rsi cf Highways, to ascertain the ne c. -..y of taking the property described in thwap ,;.ca'i:i, ?.:id ju.-t'y kvA imparti ally to appra;?o th- d.v.ur.r-; thereon, if any is claimed. They sludl then proceed to view the premises, and shall, within five days thereafter, make return of their doings in writing signed by them, to the Township Clerk, which return shall sU.tc if such road is altered or laid out, the ne cessity of taking the property described in such application, the amount of dam age apprised thereon, to whom payable if known, and snail be filed in the ollice of the Township Clerk. The said Commis sioners shall be entitled to the same com pensation as jurors are under the provis ions of this act. The damage appraised by said Commissioners, together with all the costs of the proceedings, shall be lev ied, collected and paid in the manner pre scribed in this act. Sec. lf. If any discontinued highway shall be attached to a tract of land thro' which a new highway shall be laid out, the same may be taken into consideration in estimating the damages sustained by the owners, and in estimating the dama ges which may be sustained by any per son owing or interested in said lands, by reason of laying out or altering any high way, the benefit which such persons shall receive thereby, shall be taken into con sideration. mc. 1 0T -.nrntgiiWays heretofore regu larly laid out and established, in pursu ance of exiting laws or statutes hereto fore passed by the Legislature and ap proved by the Governor, arc hereby de clared to be legal highways. And it shall be the duty of the Township Clerk, to record in a book to bo kept by him for that purpose, all papers filed in his office relating to the laying out, altering or dis continuing roads as provided in this act. Sec. 17. Whcuevtr the owner or own ers of Lndssfjull give the same or any part th?t'c i to the Township for highway jjurpoi-v.., su. h owner or owners shall linker.. .. .'.'. ent i!t writing, signed by him or in;;!, to t'mt efifeet, and cause the ar.o' ' i iih.'.l in the Clerk's office of the 'j cw..-vp in which such lands are siluakd, i: a road shall be opened thereon within the time limited by the twenty-fifth section of this act for open ing and working highways, the person or persons signing such statement, or any nv claiuing such statement, or any one eh-in.ing under him or them, shall be pre-v-jr.'h'd !': :v,ii having any action to recover po.':s . st I' a of such land, or any compensa tion so long as the same shall be used for such highway purposes. See. !-;. Ai: per.- .;i who shai! conceive in: v.d i y :i;iy oe:. ruiination ii'iu'i- of Highways of any (Y f.wn t.l.V'.' :itVr t Wh !.!,'. ;:i uie)nl : i i ' 1 1 1 1 er refusing to Jtn.oe any v. it bin teii ouys vh determination, appeal to the hip bo'ird of .-iieh to;vnshii. but an 'u ! one i)cr;U)ii not conclude I. . !r the rights of any other person . i ' i - . t - . i . . i . i wj.o Mi ni appeal witnin me time limited; .in I ti ... township board shall suspend rii 1'Uecdiiigs upon appeals received by th. ui I'roiii any such determination, until th- timo limited for such appeals shall hr.u corned, to the end that their decis ion, when made, may embrace the whole subject. Sec. 10. In case of an appeal from a determination of tl o Commissioners of Highways of adjoining townships in the same county, or in different counties, re lating to a road upon the line of such township, such appeal may be made to the township boards of the said adjoining townships, who shall act jointly in decid" '. ii " i thu determinations of the said ! erc : rnvidnlf That any com- - :, . t wiio may be a member of the J o' hip Jioard shall not act on such ap- , '0. 20. hvry r.pp'u from a dcter m : .thm of Comii.i.-vioiu.rs of Highways rli.ol bo in writi;--, addrccu to the town sj ip Hoard or Hoards tho case, maybe, and signed by the party appealing, and slull briefly state the grounds upon which it is made and whether it is brought to reverse entirely the determination of tbo Ceiiini i.ioners, arc only to reverse a part. Sec. 121. It shall no the duty of tho Township P jardi to whom the appeal is made, as soon as may bo after tho time limited, for takiug fuch nppc.il shall have expired, to give notice to the appellant, I aud to ono or inore of tho Commissioners from whoso determination such appeal was taken of the time wheu they will pro ceed to view the premises and hear tho appeal. Sec. 22. IiVery such notice shall be in writing and H'ved at Kast four days be fore die time mentioned therein, by deliver ing a copy of the same to the appellant and to one of such Commissioners, or by leaving a copy thereof at the dwelling house of such appellant and Commissioner. Sec. 2.'1. The said township Hoard or Hoards shall proceed at the tunc specified in tho notice, to view the premises nnd to hear the proofs and allegations of the parties, and may adjourn from time to time as may bo necessary, and their decis ion shall bo conclusive in tho premises and every such decsion shall be reduced to writing, be signed by the township Hoard or Hoards making the same, and filed by them in the office of tho Clerk of the proper township, who shall filo the ?;anic and give notice thereof to the Com missioner of Highway, but nothing here in contained shall be constructed to pre vent a new application under the provis ions of this act. See. 24. Whenever a highway shall be altered or laid out, and the same does not run upon a seetioti line, the Commissioners of Highways shall deem the same ncces sary, cause an accurate survey to bo made of the line of said road, and shall file the minutes of such survey in the office of the township clerk in which such road is situa ted : l'rouuhilj That in all cases wherethe premises taken for a highway are requir ed to be set out or described, the said premises or the faid highway shall be con strued to be the parcel of laud not less than two rods wido on each side of the line of survey and shall be sufficiently set forth and described for all the purposes of this act, by setting forth the line of survey. See. 2o. Whenever a public highway shall have been laid out and established or altered through any enclosed or improv ed land, and ascertained the damages for such highway shall be paid or tendered to the owner or oceupaut, or an order on the Treasurer of the proper township for the amount of such damages shall have been executed and delivered or tendered to such owner or occupant by said Commis sioners of Highways shall then give the owner or Occupant of the" laud through which said road shall have been laid out or altered, notice hereof, and require liim i - 1. A A ' . I io remove ins ieuce or icnces, witnin such time as they shall deem reasonable, not less than sixty days after giving such notice aud in case such owner or occupant shall neglect or rcfuseto remove his fence or fences whithin the time specfied iu such notice, the said Commissioners shall have full power and authority, and it shall be their duty to enter with such aid and assistance as shall be necessary upon the premises and removed such fence or fences, and open such highway without delay, after the time, specified in such notice shall have expired; Provided, No person shall be required to remove his fence or fences between the first day of April and the first day of November. Sec. 2(1. Every public highway already laid out, no part of which shall have been opened and worked within four years from the time of its being laid out, and every such highway hereafter to be laid out, no part of which shall be opened and worked within the like period, shall cease to be a road for any purpose whatever. Sec. 27. All public highways now in use heretofore laid out and allowed by any law of this State or of the Territory of Michigan, of which a record shall hae been made in the office ot the Clerk of the county or township, and all roads not recorded which have been used ten jfcars or more, nnd all roads which shall be here after laid out and not recorded and which shall be used ten years or more, shall be deemed public highways, but may be al tered or discontinued according to the prorisioHS of this act. Sec. 2. In cities nnd villages appli cation may be made by ten freeholders ns provided in section one of this act, to the corporate authorities of said city or vil lage who shall have power upon such ap plication to lay out cstalish, open, altar or discontinue such streets, commons, lanes alleys, sidewalks, highways, water-courses and bridges, as may bo necessary for the for the public conveniences. Sec. 20. In case the corporate au thorities of any city or village should re quire tho lands of any person for such purposes, such corporate authorities may causo notice to bo given to the owner or party interested his, her or their agent or attorney either by personal service, or by wnten or innted notice, posted m in at least three public places in said city or village three week? next proceeding meet ing of tho corporate authorities, for tho purpose aforesaid and the said corporant authority of such citv or village are here by authorized to contract for and purchase such lands for the purpose aforsaM. bee. tiU. In case t lie owner or owners of Bueh lands shall refuse to sell the same for the purpose aforesaid, or if tho part ics fail to agree, it shall and may be law ful for tho corporate authorities of such city or village to cau?e tho Cb.rk or Re corder the Mmo to iiv: a t en ire facM directed to the Marshal or other proper officer of such city or village, directing him to summon and return a jury of twolvc freeholders to appear beforo nuch Clerk or Recorder at a time to be thcreiu stated to inquire into the necessity of taking said lands or premises and tho just compensatiou therefor to the owners of or to those interested iu said lands and premises, which jury shall be duly sworn by such Clerk or Recorder faithfully and impartially to inquire into the neces sity of taking such lands or premises and the just compensation to be mado there fore. Sec. 31. The said jury shall thrn pro ceed to view tho lands and premises pro- posed to be taken for such city or villflgo to take such lands or premises for tho public use, shall inquire and assess such damage and recompense as they think proper to award to the owners of such lands and premises according to their re spective estates thcerin, and the said Clerk or Recorders shall, upon tho return of such assessment or verdict report the same to the corporate authorities of tuch city or village at their next meeting and the said corporate authorities may thereupon enter an order confirming the same, or may refuse to confirm the same and order another jury to bo suiumoud in the man ner aforesaid and such second jury, when summoned and sworn as aforesaid, shall proceed to inquire into the necessity of taking such lands and premises for the public use, and assessed such damages as aforesaid. Sec. M2. If one or more of such jnrors shall fail to attend at tho time and place mentioned in the nnire facias, the Jus tice, Clerk or Recorder, before whom &ueh jury was summoned to appear, shall order tho Constable, Marshal, or person summoning such jury, fpurthwith to buui non a sufficient number of talesmen tj rnako up said jury. Sec. oo. The damage or compensation so assessed by said jury, together with tho rosts and expense of such proceeding, shall be assessed, levied and collected upon tho property of such city or vilhgp in the same manner as other taxes r moneys are levied; such damage and recompense shall be paid or tendered to the claimant or persons entitled thereto, before such street common, lane, alley or highway shall be opened, established or altered; when the damges aforesaid diall have been paid or tt-mierechto ilu "person or persons entitled thereto it shall be law ful for the corporate authorities of such city or village to cause tho said lands and premises to be used and occupied for tho purposes aforesaid. Sec. o4. The Clerk or Recorder aforo- said may, instead or procuring tnc pom-; rnorung of a jury as hereinbefore provided make an application to a Court of Record for the appointment of three Commission ers, whose duty it shall bo to ascertain and determine the necessity of taking the pro perty described in such application and to appraise the damago thoreon, if any is claimed ; such application shall be in writing and describe the premises propos ed to be taken for such purpose, and no tice thereof shall be given at least fivo days prvious to the time of making such application, to what court such application will be made and time of making tho same, to the owner or occupant of the lands described in tho application, his, her or their agent or attorney, and such notice may bo given by the commissioner of Highways, Clerk or Recorder, as the case may be, in tho manner provided in section four of this act. See. "5. The commissioners so appoint ed shall, before they proceed to the per formance of their duties prescribed in the proceeding section be sworn to afcer--tained and determine the necessity for taking the property described in the ap plication, justly and impartially toapprais, the damage thereon, if any is claimed ; such commissioners shall then proceed to view the premises proposed to be taken for the public use, and shall, within fiva days thereafter make return of their do ings in writing, signed by them, to tho' township city or village Clerk or Record er, which return shall state, if such nigh' way, street common, lane or alley is laid out or altered, the necessity therefor, the amount of damage appraised aud to whom payable, if known and shall bo filed in tho office of the township city or village Clerk or Recorder; tho Commissioner so appointed shall bo entitled to receive tlWv same compensation as jurors arc entitled to under the provisions of this act. Sec. SO. Jurors who have been regu larly summoned under the provision of this act who shall, without good cause shown therefor, neglect or refuse to ap pear and act in pursurnec of paid snm inous, shall forfeit the sum of five dollars, to be recovered by action as other forfeit ures to townships. Sec. 517. The commissioners of High ways of the several townships may causo a statement to be presented at tho annuil township meeting of the improvements necessary to be made in the roadfl and bridges in such townships for the ensuitii? year, and an estimate of the probable expense thereof, beyond what tho labor to- be a5ses60d lor mat year win necompiin ; aud auch meeting may vote for the raising of a tjum not exceeding one-half of one per cent, upon tho aggregate valuation of the property in th? towmhi'pj aeeovl: