The Michigan Engineer Volume 10-12

The Michigan Engineer Volume 10-12

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...In 1827 the Territory was evidently becoming settled, and something more than highway drainage was needed. In this year it was provided that in case the land was situated so as to be "conveniently drained," and the parties could not agree as to how much each should dig, the fence viewers might set 1 Zink vs Board of Supervisors, 36 N. W. 73. 2 Volume 1, page 453. off to each his portion and assess damages for non-performance. The first drainage Act of the new State was passed in 1839.1 Any person who deemed it necessary to open a drain through other lands than his own, could have a jury summoned, ex parte, who should view the premises of the obstinate party; if, in the judgment of the jury, the damages would be more than the benefits to be derived from the drain, the party applying therefor paid the difference, and in any event, the costs of the proceedings. He could then enter his neighbors' lands "with his servants, teams, carriages, and other necessary implements," and proceed to dig the drain at his own expense. In 1847 an Act2, supplemental to the preceding, was passed, authorizing the appointment of three County Commissioners "to superintend the draining of such low lands and marshes as do injuriously affect the health of the inhabitants." This Act occupies only two and one-half pages and is but a crude attempt to force unwilling parties to ditch. The Act is historically interesting as first creating the office of drain commissioner, and of authorizing or attempting to levy an assessment for benefits. It contained no provisions for condemning land for right of way, nor were any made until 1861. In all of the Acts up to 1869, the drain law applied only to lands that could be "conveniently drained;" and...show more

Product details

  • Paperback | 180 pages
  • 189 x 246 x 10mm | 331g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236534093
  • 9781236534095