[No. 178.] AN ACT to amend section thirty-five of act number three hundred of the public acts of nineteen hundred nine, entitled "An act to define and regulate common carriers and the receiving, transportation and delivery of persons and property, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure adequate service, create the Michigan railroad commission, define the powers and duties thereof, and to prescribe penalties for violations hereof," being section eight thousand one hundred fortythree of the compiled laws of nineteen hundred fifteen, and to repeal act number one hundred thirty-six of the public acts of eighteen hundred ninety-seven, entitled "An act to protect the lives and property of persons at the crossing of railroads and public highways, within the state of Michigan", being sections eight thousand three hundred eightynine to eight thousand three hundred ninety-three inclusive of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section thirty-five of act number three hundred Section of the public acts of nineteen hundred nine, entitled "An act amended. to define and regulate common carriers and the receiving, transportation and delivery of persons and property, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure adequate service, create the Michigan railroad commission, define the powers and duties thereof, and to prescribe penalties for violations hereof," being section eight thousand one hundred forty-three of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: sections. SEC. 35. (a) Whenever in the opinion of the Michigan Flagman, public utilities commission, the safety of the public reason- etc., at interably demands the stationing of a flagman to signal trains or cars where a highway or street is crossed by any railroad or street railway, or where one railroad or street railway crosses or intersects another railroad or street railway, or the building of a gate at such highway, street or railroad crossing or intersection, or street railway crossing, or the erection and maintenance of an electric alarm bell, wig-wag, flashlight or equivalent electrically operated signals thereat, it shall direct the corporation or corporations owning or operating any such railroad, railroads, or street railway or street railways, to station a flagman or to erect and maintain a gate or electric alarm bell, wig-wag, flashlight, or equivalent electrically operated signal at such crossing as the public safety may demand, and said commission shall have jurisdiction over the subject matter of this section to the exclusion of all other boards or officers, state or municipal, and in case Proviso, cost. Proviso. To specify type, etc. Service of order. Duty of flagman. Negligence of. Proviso. Signal, etc., unlawful to such flagman is directed to be stationed, or gate directed to be erected, or alarm bell, wig-wag, flashlight or equivalent electrically lighted signal to be installed and maintained where one such railroad crosses or intersects another or where the rights-of-way are contiguous, adjoining or adjacent, the expense thereof shall be borne jointly, in just proportions, as determined by the utilities commission, by the companies owning or controlling each of said railroads or electric railways: Provided, however, That the cost and expense of placing, installing and maintaining such crossing protection as may be prescribed, may be apportioned by the Michigan public utilities commission between the railroads or electric railways and the public in such proportions as it may deem just: Provided, however, That the cost to the public shall not exceed twenty-five per cent of the total cost of the said placing, installing and maintaining such crossing protection. (b) Where said Michigan public utilities commission shall require the erection and maintenance of an electrically operated signal as provided in paragraph (a) hereof at any such crossing, said commission may specify the type of such signal and designate the point where the same shall be located, and said commission shall have jurisdiction over said subject matter to the exclusion of other boards or officers, state or municipal. (c) Whenever any protection provided for in paragraph (a) of this section shall be required at any highway or street crossing the Michigan public utilities commission shall serve upon the officer in charge of the operation of such railroad or electric railway and the proper public authorities a certified copy of the order of said commission specifying the kind of protection to be maintained at such crossing. Such protection required in such order shall be established and maintained within such time thereafter as said commission shall prescribe. (d) If a flagman be required at such crossing, it shall be his duty to warn the public passing or about to pass over such crossing, of the approach of such engines, trains and cars; such flagman to be provided with a flag or stop signal for use in daylight hours and a light for the hours of the night; such flagman to be maintained during the hours of the day or night as said commission shall from time to time require. (e) If such flagman shall neglect to display his flag or stop signal or perform such other duties as may be required of him by said commission, he shall, for every such neglect, be liable to a fine of twenty-five dollars, and shall also be liable for all damages sustained by any person by reason of such neglect, to be recovered in an action of tort: Provided, The corporation owning or operating any such railroad shall not be released from liability therefor, but shall be subject to the same liability at the option of the aggrieved party. (f) Any person who shall knowingly disregard or destroy destroy, etc. the signal displayed by any such flagman to stop at any such crossing or said gates, crossing alarm bell, wig-wag, flashlight or equivalent electrically operated signal, in whole or in part, or tamper with the same in any respect, shall be guilty of a misdemeanor and on conviction thereof shall be liable to a fine of not less than ten dollars or more than one hundred dollars with the alternative of imprisonment in the county jail for a period of not more than ninety days, or both such fine and imprisonment, in the discretion of the court. violation. (g) Any railroad or electric railway which shall neglect Penalty for or refuse to comply with the provisions of this act or with the orders of the Michigan public utilities commission made pursuant thereto in the placing, installing and maintaining of the protection provided for in paragraph (a) of this section, shall be liable to a penalty of ten dollars for each and every day it shall so neglect to comply with such terms of the order of said commission after the expiration of the time stated in such order, to be recovered in an action of assumpsit in the name of the people of the state of Michigan. All such penalties so collected shall be paid to the state treasurer. repealed. SEC. 2. Act number one hundred thirty-six of the public Act acts of eighteen hundred ninety-seven, entitled "An act to protect the lives and property of persons at the crossing of railroads and public highways within the state of Michigan," being sections eight thousand three hundred eighty-nine to eight thousand three hundred ninety-three inclusive of the compiled laws of nineteen hundred fifteen, is hereby repealed. Approved May 5, 1925. [No. 179.] AN ACT to prohibit breaking and entering, or entering without breaking, any dwelling house, cottage, club house, boat house, hunting or fishing lodge, garage or outbuildings belonging thereto, whether occupied or unoccupied, and without first obtaining permission from the owner, occupant, agent or person having immediate control thereof, and to provide a penalty for the violation thereof. The People of the State of Michigan enact: ing unlaw SECTION 1. Every person who shall break and enter, or Breaking shall enter without breaking, any dwelling house, cottage, and enterclub house, boat house, hunting or fishing lodge, garage or the ful. outbuildings belonging thereto, of another, whether occupied or unoccupied, without first obtaining permission to enter from said owner or occupant, agent, or person having immediate control thereof, or any law enforcing officer, shall be Penalty. deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one hundred dollars or by imprisonment in the county jail or the Detroit house of correction for a period not exceeding ninety days or by both such fine and imprisonment in the discretion of the court. Approved May 5, 1925. Sprinkling fund. How paid out. [No. 180.] AN ACT to authorize and empower the common council of villages to set aside and expend out of the general fund of such village a sum of money not exceeding fifteen hundred dollars in any one year for the purpose of sprinkling or otherwise moistening the surface of any designated street or streets in such villages. The People of the State of Michigan enact: SECTION 1. The common council of any incorporated village within this state is hereby authorized and empowered to set aside and expend from and out of the general fund of any such village a sum of money not exceeding fifteen hundred dollars in any one year for the purpose of sprinkling, moistening or in any other manner treating for the purpose of moistening, the traveled portions of any designated street or streets, or parts thereof, in any such village. SEC. 2. Said sum of money so set aside for the purposes mentioned in section one of this act shall be paid out of the general fund in the treasury of said village upon orders or vouchers properly drawn and signed and in the same manner as other village funds are expended and paid out. This act is ordered to take immediate effect. [No. 181.] AN ACT to amend the title and sections thirteen, fourteen, and sixteen of act number three hundred seventeen of the public acts of nineteen hundred twenty-one, entitled "An act to license and regulate the business of making loans in sums of three hundred dollars or less, secured or unsecured, at a greater rate of interest than seven per centum per annum, prescribing the rate of interest and charge therefor, and penalties for the violation thereof, and regulating the assignment of wages or salaries, earned or to be earned, when given as security for any such loan, and to repeal act number two hundred twenty-eight of the public acts of nineteen hundred fifteen, being sections six thousand thirty-one to six thousand thirty-nine, inclusive, of the compiled laws of nineteen hundred fifteen, and all acts and parts of acts inconsistent with the provisions of this act", and to add a new section thereto to be known as section fifteen-a. The People of the State of Michigan enact: sections SECTION 1. The title and sections thirteen, fourteen and Title and sixteen of act number three hundred seventeen of the public amended. acts of nineteen hundred twenty-one, entitled "An act to license and regulate the business of making loans in sums of three hundred dollars or less, secured or unsecured, at a greater rate of interest than seven per centum per annum, prescribing the rate of interest and charge therefor, and penalties for the violation thereof, and regulating the assignment of wages or salaries, earned or to be earned, when given as security for any such loan, and to repeal act number two hundred twenty-eight of the public acts of nineteen hundred fifteen, being sections six thousand thirty-one to six thousand thirty-nine, inclusive, of the compiled laws of nineteen hundred fifteen, and all acts and parts of acts inconsistent with the provisions of this act", are hereby amended, and a new section is added to said act to stand as section fifteen-a Section thereof, said title, amended sections and new section to read added. as follows: TITLE An Act to regulate the business of making loans in sums of three hundred dollars or less, secured or unsecured, at a greater rate of interest than seven per centum per annum, prescribing the rate of interest and charge therefor, and penalties for the violation thereof, and regulating the assignment of wages or other compensation for services, earned or to be earned, when given as security for any such loan, or as consideration for sales or assignments, and to repeal act number two hundred twenty-eiht of the public |