485.119 Stream to be kept in repair; forfeiture.
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485.119 Stream to be kept in repair; forfeiture.
Sec. 19.
The board of directors of any such company shall, at all times after commencing the collection of any tolls from persons using said improved stream or waters, keep such portions of the stream or waters clear of all unnecessary obstructions, and in good condition for the passage of rafts, timber, logs, lumber, vessels or boats for which toll is charged, and in case of any dilapidation or obstruction which is calculated to endanger or delay the passage of rafts, timber, logs or lumber, boats or vessels, as aforesaid, it shall be the duty of the board of directors, without unnecessary delay, to make such repairs as shall restore such stream or waters to their proper condition; and in case said board of directors shall fail to comply with the provisions of this section, the corporation shall, for every such neglect or refusal, be liable to a forfeiture of 100 dollars, to be recovered in an action of debt, by any person aggrieved or injured thereby:
Provided, That in all cases 1 of said board of directors shall first have been notified of such defect, and the necessary time for its repair shall have elapsed after such notice and before the commencement of such suit.
History: 1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2734 ;-- How. 3863 ;-- CL 1897, 6739 ;-- CL 1915, 8840 ;-- CL 1929, 11775 ;-- CL 1948, 485.119