more than fifty sleeping rooms, a public dining room for the accommodation of at least fifty guests, and a general kitchen.

(5) Mixed Occupancy. In cases of mixed occupancy where a building is occupied in part as a dwelling, the part so occupied shall be deemed a dwelling for the purposes of this act and shall comply with the provisions thereof relative to dwellings.

(6) Yards. A "rear yard" is an open unoccupied space on Yards. the same lot with a dwelling, between the extreme rear line of the lot and the extreme rear line of the house. A yard between the front line of the house and the front line of the lot is a "front yard." A yard between the side line of the house and the side line of the lot and which extends from the front line or front yard to the rear line of the lot or to the rear yard is a "side yard."

(7) Courts. A "court" is an open unoccupied space, other Courts. than a yard, on the same lot with a dwelling. A court not extending to the street or front or rear yard is an inner court. A court extending to the street or front yard or rear yard is an outer court.

(8) Corner and Interior Lots. A "corner lot" is a lot of Lots. which at least two adjacent sides abutt for their full length upon a street. A lot other than a corner lot is an "interior lot."

(9) Front, Rear and Depth of Lot. The front of a lot is that boundary line which borders on the street. In case of a corner lot the owner may elect by statement on his plans either street boundary line as the front. The rear of a lot is the side opposite to the front. In the case of a triangular or gore lot the rear is the boundary line not bordering on a street. The depth of a lot is the dimension measured from the front of the lot to the extreme rear line of the lot. In the case of irregular shaped lots the mean depth shall be taken. (10) Public Hall. A "public hall" is a hall, corridor or Public hall. passageway not within the exclusive control of one family.

(11) Stair Hall. A "stair hall" is a public hall and in- Stair hall. cludes the stairs, stair landings and those portions of the building through which it is necessary to pass in going between the entrance floor and the roof.

etc.

(12) Basement, cellar, attic. (a) A "basement" is a story Basements, partly underground but having at least one-half of its height above the curb level, and also one-half of its height above the highest level of the adjoining ground. A basement if not occupied for living purposes by other than the janitor or his family shall not be counted as a story.

(b) A "cellar" is a story having more than one-half of its height below the curb level, or below the highest level of the adjoining ground. A cellar shall not be counted as a story for purposes of height measurement. If any part of a story is in that part the equivalent of a basement or cellar, the pro

Height of dwelling.

Curb level.

Occupied spaces.

Fireproof dwelling.

Wooden buildings.

Nuisance.

visions of this act relative to basements and cellars shall apply to such part of said story.

(c) An attic, or story in a sloping roof, if not occupied for living purposes, shall not be counted as a story.

(13) Height. The "height" of a dwelling is the perpendicular distance measured in a straight line from the curb level to the highest point of the roof beams in the case of flat roofs, and to the average of the height of the gable in the case of pitched roofs; the measurements in all cases to be taken through the center of the front of the house. Where a dwelling is situated on a terrace above the curb level such height shall be measured from the level of the adjoining ground. Where a dwelling is on a corner lot and there is more than one grade or level, the measurements shall be taken through the center of the front on the street having the lowest elevation.

(14) Curb level. The "curb level" is the level of the established curb in front of the building measured at the center of such front. Where no curb has been established the city engineer shall establish such curb level or its equivalent for the purposes of this act.

(15) Occupied spaces. Outside stairways, fire-escapes, fire-towers, porches, platforms, balconies, boiler flues and other projections shall be considered as part of the building and not as a part of the yards or courts or unoccupied spaces. This provision shall not apply to uninclosed outside porches not exceeding one story in height which do not extend into the front or rear yard a greater distance than twelve feet from the front or rear walls of the building, nor to one such porch which does not extend into the side yard a greater distance than six feet from the side wall of the building nor exceed twelve feet in its other horizontal dimension, or to cornices not exceeding eighteen inches in width.

(16) Fireproof dwelling. A "fireproof dwelling" is one the walls of which are constructed of brick, stone, cement, iron or other hard incombustible material and in which there are no wood beams or lintels and in which the floors, roofs, stair halls and public halls are built entirely of brick, stone, cement, iron or other hard incombustible material, and in which no wood work or other inflammable material is used in any of the partitions, furrings or ceilings. But this definition shall not be construed as prohibiting elsewhere than in the public halls the use of wooden flooring on top of the fireproof floors or the use of wooden sleepers, nor as prohibiting wooden handrails or treads of hard wood not less than two inches thick.

(17) Wooden buildings. "Wooden building" is a building of which the exterior walls or a portion thereof are of wood. Court walls are exterior walls.

(18) Nuisance. The word "nuisance" shall be held to embrace public nuisance as known at common law or in equity

jurisprudence; and whatever is dangerous to human life or detrimental to health; whatever dwelling is overcrowded with occupants or is not provided with adequate ingress and egress to or from the same, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted, in reference to its intended or actual use; and whatever renders the air or human food or drink unwholesome, are also severally, in contemplation of this act, nuisances; and all such nuisances are hereby declared illegal.

construed.

(19) Construction of Certain Words. The word "shall" is Words always mandatory and not directory, and denotes that the dwelling shall be maintained in all respects according to the mandate as long as it continues to be a dwelling. Wherever the words "charter," "ordinances," "regulations," "superintendent of buildings," "health department," "the board of health," "health officer," or such other appropriate public official as the mayor may designate "commissioner of public safety," "commissioner of public health," "department charged with the enforcement of this act," "corporation counsel," "mayor," "city treasury," or "fire limits" occur in this act they shall be construed as if followed by the words "of the city or village in which the dwelling is situated." Wherever the words "health department," "health officer," or such other appropriate public official as the mayor may designate, or "duly authorized assistant" or "board of health," "commissioner of public safety," or "commissioner of public health" are employed in this act, such words shall be deemed and construed to mean the official or officials in any city or village to whom is committed the charge of safeguarding the public health. The terms "superintendent of buildings," "building department" and "inspector of buildings" shall embrace the department and the executive head thereof specially charged with the execution of laws and ordinances relating to the construction of buildings. Wherever the words "occupied" or "used" are employed in this act such words shall be construed as if followed by the words "or is intended, arranged, designed, built, altered, converted to, rented, leased, let or hired out, to be occupied or used." Wherever the words "dwelling," "two family dwelling," "multiple dwelling," "building," "house," "premises" or "lot" are used in this act, they shall be construed as if followed by the words "or any part thereof." Wherever the words "city water" are used in this act, they shall be construed as meaning any public supply of water through street mains; and wherever the words. "public sewer" are used in this act they shall be construed as meaning any part of a system of sewers that is used by the public, whether or not such part was constructed at the public expense. Wherever the word "street" is used in this act it shall be construed as including any public alley sixteen feet or more in width. "Approved fire proof material" means

Convents, etc., how constructed.

as set forth by ordinances, or if not so determined, as approved by the superintendent of buildings.

SEC. 10-a. All convents, asylums, hospitals and jails shall be constructed as near as may be practicable according to the provisions of this act, and according to the plans and specifications approved by the State Fire Marshal as to safety, fire protection and fire prevention, and according to the plans and specifications approved by the State Board of Health as to sanitation, light and ventilation.

Approved May 19, 1921.

Section amended.

County committee, selection of.

Of what to consist.

Chairman, etc.

[No. 402.]

AN ACT to amend section two of chapter twenty-three of act number two hundred three of the Public Acts of nineteen hundred seventeen, entitled "An act to provide for the holding of elections, to prescribe the manner of conducting and to regulate elections, to prevent fraud and deception in the conducting of elections and to guard against abuses of the elective franchise," approved May ten, nineteen hundred seventeen.

The People of the State of Michigan enact:

SECTION 1. Section two of chapter twenty-three of act number two hundred three of the Public Acts of nineteen hundred seventeen, entitled "An act to provide for the holding of elections, to prescribe the manner of conducting and to regulate elections, to prevent fraud and deception in the conducting of elections and to guard against abuses of the elective franchise," approved May ten, nineteen hundred seventeen, is hereby amended to read as follows:

SEC. 2. In the year nineteen hundred twenty-two, and every second year thereafter, the candidates for county offices of each political party, in each county in this state shall meet within ten days following their nomination at a time and place to be fixed by the then chairman of the county committee and select a county committee, and its chairman and secretary, for such party, which committee, shall consist of not less than two members from each township and ward of each city in said county, having a population of less than two hundred fifty thousand, or two members from each election precinct in said county, as said candidates shall determine at such meeting. The candidates shall also select the chairman, secretary and treasurer of the county committee. The chairman shall have a right to vote on all questions arising in said committee. The committee shall have the right

to appoint such officers as in its judgment may be proper to carry out the purposes of the committee, and shall have power to fill any vacancy which may occur in the membership of said committee or in any of its offices. The term of Term. service of a county committee shall continue for a period of two years and until the selection of its successor: Provided, Proviso. That candidates for state senator and for representative in the state legislature nominated at such primary by each political party shall meet and act with their party candidates for county offices in the selection of county committees in the counties which are wholly or partially located in their respective senatorial or representative district. Approved May 19, 1921.

[No. 403.]

AN ACT to prescribe the manner of applying for pardons and paroles of prisoners; creating the office of Commissioner of Pardons and Paroles, prescribing his powers, duties and compensation, and repealing act number one hundred fifty of the Public Acts of eighteen hundred ninety-three.

The People of the State of Michigan enact:

of pardons

SECTION 1. There is hereby created in the Executive De- Commissioner partment the office of Commissioner of Pardons and Pa- and paroles. roles, with such powers and duties as are hereinafter prescribed. Such commissioner shall be appointed by the Governor to hold office during his pleasure and until a successor is appointed and qualified; shall receive a salary of five thousand dollars per annum; and shall devote his entire time to the duties of his office. Such commissioner, excepting as otherwise provided herein, shall be deemed to be the successor to, and shall perform the duties and exercise all of the powers required of and conferred by law upon the Advisory Board in the Matter of Pardons and of the secretary thereof, and whenever statutory reference is made to such Advisory Board or to such secretary, such reference shall hereafter be deemed to be to the commissioner created by this act. The office of such commissioner shall be located at the seat of government with such accommodations therefor as shall be provided by the Board of State Auditors at the request of the Governor. Such commissioner shall have such Assistants, assistants and clerical help as may be necessary in the performance of his duties, the number and compensation of which shall be determined by the Governor. The salaries

etc.