219 poses; to provide for the enforcement of, and to prescribe penalties for violations of this act; to prohibit certain advertising and advertisements pertaining to the liquor traffic; to prescribe the duties of officers and of carriers pertaining to the liquor traffic; to prescribe rights of action, recovery of damages and rules of evidence thereunder; and to repeal all acts in conflict therewith," as amended by act number fifty-three of the Public Acts of nineteen hundred nineteen, is hereby amended to read as follows: when to issue. SEC. 25. If any person makes a sworn complaint or Warrant, affidavit before any magistrate authorized to issue warrants in criminal cases, that any intoxicating liquors are being manufactured, possessed, sold, furnished or given away, or kept for the purpose of being sold, furnished, given away or possessed, contrary to law, or that such liquors are stored or concealed temporarily or otherwise, in any depot, freight house, express office, or in any other building or place, or in any vehicle or conveyance, with the apparent intention of being delivered for the purpose of being sold, furnished or given away contrary to the provisions of this act and that the complainant or affiant believes and has good cause to believe that such liquors are concealed in any particular building, place, vehicle or conveyance, such magistrate, if he be satisfied there is reasonable cause for such belief, shall immediately issue his warrant to any officer whom the complainant may designate, having power to serve criminal process, commanding him to search the premises described and designated in such complaint and warrant, and if such liquors are there found, to seize the same together To seize with the vessels in which they are contained, and all the im- liquor, etc. plements, furniture, vehicles and conveyances used and kept for such illegal manufacturing, selling, furnishing, giving away, possessing, or storing of such liquors, and them safely keep and make immediate return on said warrant. liquors, furniture, vessels, vehicles, conveyances, unless said vehicle or conveyance is owned by an innocent third party, and implements used in such manufacturing, keeping, selling or possessing, shall be held subject to the order of such court or magistrate, to be used as evidence in the prosecution for the violation of this act. Such SEC. 2. This act is hereby declared to be immediately This act is ordered to take immediate effect. When graded district changed to primary district. Apportionment of indebtedness, etc. Appeal. [No. 100.] AN ACT to provide a method whereby township school districts organized under act number one hundred seventy-six of the Public Acts of eighteen hundred ninety-one, entitled "An act for the organization of township school districts in the Upper Peninsula," comprised in sections five thousand eight hundred ninety-two to five thousand nine hundred eight, inclusive, of the Compiled Laws of nineteen hundred fifteen, may change to one or more primary school districts. The People of the State of Michigan enact: SECTION 1. Whenever the trustees of any township school district organized under act number one hundred seventy-six of the Public Acts of eighteen hundred ninety-one, entitled "An act for the organization of township school districts in the Upper Peninsula," shall be presented twenty days before the annual meeting thereof, with a petition signed by ten voters of said district, stating that it is the desire of said petitioners that at the annual meeting of said school district, there shall be submitted to said annual meeting the proposition to change from a graded school district to one or more primary school districts, the trustees shall in their notice of such annual meeting state that the proposition set forth in said petition will be presented to said meeting, and if twothirds of the qualified voters present at said meeting shall vote to change to one or more primary school districts, such change shall be made, and it shall be the duty of the township board of the township, or townships in which said district is situated, upon being duly notified of such vote, to proceed to change or divide such district as determined by such annual meeting, and they shall provide for the holding of the first meeting in the, or each of the, proposed primary school districts in the same manner as is provided for by law for the organization of primary school districts. SEC. 2. That said township board in proceeding to change or divide such district into the, or each of the, proposed primary school districts, shall apportion the property of the entire district and the indebtedness, if any, as near as the same can be done in the proportion that such property and indebtedness shall bear to the assessed valuation in the respective proposed districts. SEC. 3. That in the event that any five, or more, tax paying electors having taxable property within any of the proposed school districts as organized and set apart by the township board, shall feel aggrieved by the action of said township board, they may at any time within sixty days from the time of such action on the part of such board, appeal from such action, order or decision of such board to the county commissioner of schools and circuit court commissioner of the county in which such school district is situated, in the same manner and under the same conditions as are provided for appeals by any five or more tax paying electors from the action, order or decision of the township board or boards, as set forth in chapter nine of act number one hundred sixtyfour of the Public Acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction in primary schools and to repeal all statutes and acts contravening the provisions of this act," being comprised in sections five thousand seven hundred thirty-one, five thousand seven hundred thirty-two and five thousand seven hundred thirty-three of the Compiled Laws of nineteen hundred fifteen. Approved May 5, 1921. [No. 101.] AN ACT to amend section twenty-seven of chapter one of act number two hundred eighty-three of the Public Acts of nineteen hundred nine, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public. highways and private roads, the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; setting and protecting shade trees; drainage, cutting weeds and brush within this state and providing for the election and defining the powers, duties and compensation of state, county, township and district highway officials. The People of the State of Michigan enact: SECTION 1. Section twenty-seven of chapter one of act num- Section ber two hundred eighty-three of the Public Acts of nineteen amended. hundred nine, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public highways and private roads, the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; setting and protecting shade trees, drainage, cutting weeds and brush within this state and providing for the election and defining the powers, duties and compensation of state, county, township and district highway officials," is hereby amended to read as follows: SEC. 27. Before laying out any highway under the pro- Crossing. visions of this act where the same crosses the track and right application of way of any railroad company, steam or electric, application shall be made to the Michigan Public Utilities Commis When granted. sion for permission to make such crossing and thereupon it shall be the duty of said commission to cause such examination of the location of such proposed crossing as they may deem necessary. At such examination the railroad company and the township, good roads district, or county interested shall be entitled to be heard after the service of proper notice upon them, by the Michigan Public Utilities Commission. If the location of the proposed crossing is found, upon said examination and hearing, to be necessary, feasible and reasonably safe for a crossing at grade, it shall then be the duty of said. commission to grant permission for such crossing to the highway officials making such application, all such crossings to be made according to the specifications adopted by the Michigan Public Utilities Commission. And it shall also be the duty of the said commission, if it deems it necessary for the safety of the traffic on said proposed highway crossing, to prescribe and order such protection to prevent accident thereWhen denied. at as in its judgment is necessary. But if after examination and hearing the Michigan Public Utilities Commission determines that the proposed location is extra hazardous for a crossing at grade, it shall then be its duty to deny permission for such crossing and to require the crossing, if constructed at the said location, to be made other than at grade and according to plans to be submitted to the Michigan Public Utilities Commission for its consideration and approval before the construction of the crossing is commenced. If the said Commission determines that it is impracticable to secure a reasonably safe crossing at the point in question, either at grade or otherwise, it may refuse to allow such crossing. If permission is granted for such crossing, either at grade or otherwise, the same proceedings in relation to acquiring the rights of way for such highway across the land of said railroad company, including the right of way across the tracks shall be had as in other cases. Service of all papers shall be made in the same manner upon such railroad companies as is provided by law for service of summons on railroad companies. Such railroad companies shall be entitled to receive the actual value of the use of the land taken for such highway, and when the compensation awarded such railroad company for such damages as above provided shall have been paid or tendered to any person in charge of the' ticket or freight office of such company entitled thereto, and situated nearest the said highway crossing, pursuant to the provisions of section twenty-four of this chapter, then and in such case, such right of way shall be deemed to be fully acSuperintend- quired and secured by and for the public. The highway officials shall then notify in writing such railroad company to furnish a competent superintendent or track man to superintend the construction of such crossing which shall be constructed according to the order of the Michigan Public Utilities Commission issued in regard to said crossing; and such township, good roads district or county shall pay Service, how made. ent, per diem, etc. obstruct to such superintendent a sum not to exceed five dollars a day for a grade crossing and not to exceed ten dollars a day for a crossing other than at grade, for the time actually and necessarily spent in superintending such construction. And such highway officials are authorized to issue orders for the payment of such superintendent. In case such railroad company refuses or neglects to furnish a superintendent for the construction of such crossing as aforesaid, then it shall be the duty of the Michigan Public Utilities Commission to appoint some suitable person to superintend the construction of such crossing who shall receive the compensation aforesaid from said township, good roads district or county for such services. If any railroad company shall attempt to ob- Attempt to struct the opening of any such highway after such right of opening, way has been secured and payment for damages herein pro- penalty. vided for, has been made and tendered as herein provided by any agent, officer or employe or other person, the said railroad company shall be liable to a penalty of twenty-five dollars for each day the opening or construction of such highway is impeded, for the benefit of the township, good roads district or county, and such township, good roads district or county may sue for and recover such penalty in the circuit court for the county in which such crossing is located, in the name of the township, good roads district, or county; and in addition thereto if any officer, agent or employe or person acting for or in the interest of any railroad company shall annoy, hinder or obstruct any highway official, contractor or person employed by him or them in opening such highway or constructing the same according to the order issued by the Michigan Public Utilities Commission, then such officer, agent, employe or person shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one hundred dollars, or imprisonment in the county jail not to exceed ninety days, or by both such fine and imprisonment in the discretion of the court. All material and labor used in Material, the construction of such crossing shall be furnished by the furnish. township, good roads district or county applying for such crossing. No public highway shall hereafter be constructed across the tracks of any railroad, nor shall the tracks of any railroad be constructed across a public highway without having first secured the permission of the Michigan Public Utilities Commission. Said commission shall have power, May change, when in their judgment they deem it necessary for the safety of the public, to change the location of or abolish any existing crossing of railroads with highways and to require, when in their judgment it would be practicable, a separation of grades at any such crossing and to prescribe the manner of construction and the terms upon which such separation shall be made and the proportion in which the expense of the alteration or abolition of such crossings or the separation of such grades shall be divided between the railroad corporation and the etc., who to etc., location. |