on one side and partly on the other side, as to them shall appear just, and shall reduce such determination to writing, and sign the same; and if either party shall refuse or neglect to make and maintain his part of the fence, according to the determination of the Fence Viewers, the same may be made and maintained by the other party as before provided in this chapter, and the delinquent party shall be subject to the same charges and costs, to be recovered in like manner.

ed in severalty

pied in common,

may have lines

(615.) SEC. 11. When any lands, belonging to different When lands ownpersons in severalty, shall have been occupied in common, have been occuwithout a partition fence between them, and one of the occu- any occupant pants shall be desirous to occupy his part in severalty, and divided. the other occupant shall refuse or neglect, on demand, to divide with him the line where the fence ought to be built, or to build a sufficient fence on his part of the line when divided, the party desiring it may have the same divided and assigned by two or more Fence Viewers of the same township, in the manner provided in this chapter.

may assign time

consequence of

(616.) SEC. 12. Upon the division and assignment as provi- When Viewers ded in the preceding section, the Fence Viewers may, in for making fence; writing, under their hands, assign a reasonable time for making neglect. the fence, having regard to the season of the year, and if either party shall not make his part of the fence within the time so assigned, the other party may, after having completed his own part of the fence, make the part of the other, and recover therefor double the ascertained expenses thereof, together with the fees of the Fence Viewers, in the manner provided in this chapter.

fence not to be

(617.) SEC. 13. When one party shall cease to improve his when partition land, or shall open his enclosure, he shall not take away any removed. part of the partition fence belonging to him and adjoining the next enclosure, if the owner or occupant of such adjoining enclosure will, within two months after the same shall be ascertained, pay therefor such sum as two or more Fence Viewers shall, in writing under their hands, determine to be the value. of such partition fence belonging to such party.

or owner to pay

(618.) SEC. 14. When any uninclosed land shall be after-when occupant wards enclosed, the occupant or owner thereof shall pay for one half of partition fence, etc. one half of each partition fence standing upon the line between his land and the enclosure of any other occupant or owner, and the value thereof shall be ascertained by two or more Fence Viewers of the township, in writing, under their hands, in case the parties do not agree; and if such occupant

When a Fence
Viewer to be

Township.

or owner shall neglect or refuse, for thirty days after the value has been so ascertained and demand made, to pay for one half of such partition fence, the proprietor of such fence may maintain an action in the form aforesaid, for such value, and the costs of ascertaining the same.

(619.) SEC. 15. In all cases where the line, upon which a taken from each partition fence is to be made, or to be divided, is the boundary line between townships, or partly in one township and partly in another, a Fence Viewer shall be taken from each township.

Fences running into water.

When line of unimproved lands

divided, who to

(620.) SEC. 16. Where a partition fence running into the water is necessary to be made, the same shall be done in equal shares, unless otherwise agreed by the parties, and in case either party shall refuse or neglect to make or maintain the share belonging to him, similar proceedings shall be had, as in case of other fences, and with the like effect.

(621.) SEC. 17. In all cases where the line, upon which a erect fences, etc. partition fence is to be built between unimproved lands, has been divided by the Fence Viewers, or by agreement in writing between the owners of such lands, recorded in the office of the clerk of the township, or of one of the townships where such lands lie, the several owners thereof, and their heirs and assigns forever, shall erect and support said fences, agreeably to such division.

Notice on determination not to improve lands.

Who to be Fence
Viewers.

glect.

(622.) SEC. 18. If any person shall determine not to improve any part of his lands adjoining any partition fence that may have been divided according to the provisions of this chapter, and shall give six months' notice of such determination to all the adjoining occupants of lands, he shall not be required to keep up or support any part of such fence during the time his lands shall lie open and unimproved.

(623.) SEC. 19. The Overseers of Highways of the several townships in this State, shall be Fence Viewers in their respective townships.

Penalty for ne- (624.) SEC. 20. Any Fence Viewer, who shall, when requested, unreasonably neglect to view any fence, or to perform any other duty required of him in this chapter, shall forfeit the sum of five dollars, and shall also be liable to the party injured for all damages consequent upon such neglect.

Fence Viewers.

Compensation of (625.) SEC. 21. Each Fence Viewer shall be paid by the person employing him, at the rate of one dollar a day for the time he shall be so employed; and if such person shall neglect

to pay the same within thirty days after the service shall have been performed, each Fence Viewer having performed any such service may recover, in an action of assumpsit, double the amount of such fees.

POUNDS, AND IMPOUNDING CATTLE.

vide and main

(626.) SEC. 22. Each township may, at its own expense, and Townships to proin such places therein as the electors shall direct, provide and tain Pounds. maintain one or more sufficient Pounds, in which swine, sheep, horses, asses, mules, goats, and neat cattle may be restrained, and kept from going at large contrary to law, or to any by-law of such township.

injury to Pounds.

(627.) SEC. 23. If any person shall wilfully injure any Pound Punishment for maintained by any township, he shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding fifty dollars, or by imprisonment in the county jail not exceeding ninety days, at the discretion of the Court.

An Act to Provide Against the Recovery of Damages done by Beasts on Lands which are not
Enclosed by a Lawful Fence.

[Approved March 17, 1847. Laws of 1847, p. 181.]

be recovered for

not enclosed by

(628.) SECTION 1. Be it enacted by the Senate and House of Damages not to Representatives of the State of Michigan, That no person shall trespass on lands be entitled to recover any sum of money in any action at law lawful Fence. for damages done upon lands by any beast or beasts, unless in cases where, by the by-laws of the proper township, such beasts are prohibited from running at large, except in cases where such lands are enclosed by a fence of the same height and description as is required by the provisions of section one, 2 Mich. Rep. 200. chapter eighteen of the Revised Statutes of eighteen hundreds Gilman, 139. and forty-six.

3 do.

163.

SEC. 2. (a)

SEC. 3. This act shall take effect and be in force from and after its passage.

(a) Repealed by Act 184 of 1849, p. 228. The Section was, "No Person shall Recover in any action at Law for Trespass on Lands any more costs than the amount of judgment rendered in such case."

TITLE VI.

CHAPTER XV.

OF TAKING THE CENSUS AND STATISTICS OF THE STATE.

Duty of Supervi

sors and Asses

An Act to Provide for Taking the Census and Statistics of this State.

[Approved Feb. 9, 1853. Laws of 1853, p. 60.]

(629.) SECTION 1. The People of the State of Michigan enact, Nors to take That it shall be the duty of the Supervisor of each township

Census and

Statistics.

and ward, and Assessor of each assessment district, at the time of taking a list of the taxable property, or between the first Monday of April and third Monday of May, in the year one thousand eight hundred and fifty-four, and every ten years thereafter, to go to every dwelling house in their respective township, ward or assessment district, and by personally inquiring of the head of every family, or some competent person, to ascertain and take an enumeration of all the inhabitants therein (except uncivilized Indians belonging to some

tribe), in the following order, to wit: The names of all males of the age of twenty-one years and under forty-five (designating the married from the unmarried); the names of those of forty-five and under seventy-five; the names of those of seventyfive and under ninety; the names of those of ninety and under one hundred; and the names of those over one hundred; the number of females of the age of eighteen years and under forty (designating the married from the unmarried); the number of the age of forty and under seventy-five; the number of the age of seventy-five and over; the number of children under the age of five years; the number of the age of five and under ten (designating the males from the females); the number of males of the age of ten and under twenty-one; and the number of females of the age of ten and under eighteen; the number of colored persons; the number of blind; the number of deaf and dumb; and the number of insane persons and idiots; the number of marriages, and the number of deaths the preceding year, as near as can be ascertained; and the occupation or profession of all males over twenty-one years of age.

sors and Asses

Census and

(630.) SEC. 2. And it shall also be the duty of the Supervisor Duty of Supervi and Assessors of each city and township, at the time mentioned sors to take in the preceding section for taking the Census of his township statistics. or ward, to ascertain and set down in a table prepared for that purpose, the whole number of acres of taxable land; the whole number of acres of land owned by individuals or companies; the number of acres improved; the number of acres. sowed with wheat then on the ground; the number of acres and the number of bushels of corn harvested the preceding year; the number of acres harvested and the number of bushels of wheat raised the preceding year; the number of bushels of all other kinds of grain; the number of bushels of potatoes; and the number of tons of hay the preceding year; the number of sheep, and the number of pounds of wool sheared the preceding year, and the number of sheep; the number of swine over six monhts old; and the number of pounds of pork marketed; the number of neat cattle (other than oxen and cows), one year old and over; the number of horses one year old and over; the number of mules; the number of work oxen, and the number of milch cows; the number of pounds of butter and cheese made the preceding year; the number of pounds of sugar manufactured the present year; the number of pounds of peppermint oil manufactured the preceding year;