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TRAFFIC OFFICERS IN TOWNSHIPS.
An Act to provide for the appointment of traffie oficers in townships and defining their powers and duties, and providing for their compensation.
(Aet 50, P. A. 1919.)
The People of the State of Michigan enact: (601) SECTION 1. The township board of any township Township may, by a majority vote of the township board at any regular officers meeting or any special meeting called for that purpose, provide for the employment of a traffic officer or officers in such township, the compensation of such officer or officers to be paid Compensafrom the general fund of such township: Provided, That two Proviso, joint or more townships may, by a majority vote of all the township action by
townships. boards, appoint such officer at a joint meeting of such township boards held for that purpose, and the proportion of the compensation of such traffic officer or officers to be paid by each of such townships shall be determined at such joint meeting.
(602) Sec. 2. Whenever any traffic officer shall be ap- Power of pointed under the provisions of this act, such traffic officer shall be vested with all powers of arrest, and other powers, now vested by law in deputy sheriffs. The compensation and service of such officers shall be determined by the township board or boards.
See section 655.
USE OF STEAM ENGINES ON HIGHWAYS.
An Act to regulate the use of steam engines, steam wagons or other vehicles, which are in whole or in part operated by steam, on the public highways of this state, and to prohibit the blowing of steam whistles upon the public highways of this state.
(Act 145, P. A. 1887.)
Certain acts unlawful.
The People of the State of Michigan enact: (603) § 4793. SECTION 1. It shall be unlawful for any person, company or corporation owning or controlling any carriage, vehicle, traction or other engine propelled by steam, by themselves, their servant, agent or employe, to allow the same to stand upon any bridge or culvert in any highway for taking a supply of water, or other purpose; and it shall also be unlawful to permit or use the same to pass over, through or upon any public highway, road or street, unless such owner, owners, agent, servant or employe shall send before the same a person of mature age, at least ten rods and
not more than forty rods in advance except that in incorporated cities and villages such persons shall not be less than four rods and not more than ten rods in advance, to notify and warn persons traveling or using said highway, road or street with horses or other domestic animals, of the approach of such carriage, vehicle or engine. And upon the approach of any person or persons with horse or horses, or other domestic animals, from behind or in front, said owner or owners, agent, servant, or employe of such steam vehicle, carriage or engine having the same in charge, shall cause the same to be stopped, and the steam of such engine to be immediately shut off, and to render such assistance as will enable such team or teams of horses, or other domestic animals to pass in safety; and at night such persons shall carry a red light; and such persons shall carry and use plank sufficient to plank all crosswalks: Provided, That the provisions of this act shall not be construed to apply to automobiles: Provided further, That no township shall be liable for any damages sustained by the breakage of any bridge or culvert by any steam engine or steam vehicle weighing more than the lawful carrying capacity of such bridge or culvert at the time it was built.
Proviso. Further proviso.
Am. 1917, Act 181.
USE OF 'STEAM ENGINES : Persons making use of horses by means of travel or traffic by the highways have no rights therein superior to those who make use of the ways in other permissible modes.—Macomber y. Nichols, 34 / 213. If one in making use of horses as a means of locomotion on the highway is injured by the act or omission of another using a steam locomotive, the question is not one of superior privilege, but whether, under all the circumstances, there is negligence imputed to some one, and if so, who should be accountable for it.-id. In an action for an injury caused by a horse taking fright on a highway at an engine being propelled by steam it is error to permit the right of recovery to turn upon whether the engine was calculated to frighten horses of ordinary gentleness. The bringing of an unsightly object into the common highway is not necessarily wrong because of its tendency to frighten horses any more than the construction of a bridge over a river is a wrong because of its tendency to delay vessels.-Id. See Vought v. Traction Co., 194 / 343. Act No. 71, P. A. 1903, (8 4793, C. L. 1915), providing that no township shall be liable for damages sustained by the breaking of any bridge or culvert by a steam engine or steam vehicle weighing more than six tons, embraces reasonable questions of legislative discretion which are not inhibited by any constitutional provision.—Lundstrom v. Twp. of Ellsworth, 196 / 502.
LIABILITY: For liability of municipality for injuries received by person or engine by reason of defective bridge, etc.—Stebbins v. Keene Township, 55 / 552 ; Woodbury v. Owosso, 64 / 239. Violation of the statute requiring the sending ahead of a person to give warning of the approach of a steam vehicle, constitutes contributory negligence, preventing the recovery of damages to a steam roller in a collision at a crossing of defendant electric railway company. -Construction Co. v. Pt. H., St. C. & M. C. Ry. Co., 173 / 1.
TITLE OF ACT: By the term "regulate" in the title of this act, both gov. ernment and restriction are intended.-Westgate v. Adrian Twp., 161 / 333.
(604) § 4794. Sec. 2. Any person or persons who, while traveling upon the public highways of this state with a steam engine, steam wagon or other vehicle which is, in whole or in part, being worked, run or operated by steam, or to which a steam whistle is attached, shall blow or sound, or cause to be blown or sounded, any steam whistle while so traveling upon the public highways of this state, shall be guilty of a misdemeanor, except when deemed necessary by the operator to blow the whistle to avoid accidents.
Punishment for violation
(605) § 4795. Sec. 3. Any person violating any of the provisions of this act shall be deemed guilty of a misde- of act. meanor, and upon conviction thereof shall be punished by a fine not exceeding twenty-five dollars, or by imprisonment in the county jail not exceeding fifteen days, or by both such fine and imprisonment, in the discretion of the court. Any person, company or corporation violating any of the provisions of this act shall also be liable for all damages sustained thereby by any person or persons traveling upon 'or using said highway with horses or other domestic animals, to be recovered in an action of trespass on the case.
(606) § 4796. Sec. 4. This act shall not apply to rail. Not to apply roads. (607) Sec. 5. It shall be unlawful to move any traction Permission
required. engine or similar heavy machinery over the public highways, by its own power or otherwise, during the months of March, April and May, or at any other time, if by reason of the thawing of frost, or rains, or any other cause, the roads are in soft condition rendering them unfit for the passage over them of such heavy machinery without damage to the highways, or if the engines are equipped with lugs which seriously damage the highways, except by written permission from the commissioners having jurisdiction over said highway or highways. Any person, firm or corporation violating the provi. Penalty. sions of this act shall be deemed guilty of a misdemeanor and liable to a fine of not less than twenty-five dollars, nor in any event less than double the amount of damages which may have been caused to such highway or highways, as shall be estimated by the highway officials having jurisdiction over the highways which may be thus damaged. Added 1917, Act 181.
PROTECTION AGAINST FIRES FROM TRACTION ENGINES.
An Act to provide for better protection against the setting of fires by
traction or other portable steam engines, and to repeal act number two hundred fifty-eight of the public acts of nineteen hundred eleven.
[Act 339, P. A. 1913.]
The People of the State of Michigan enact: (608) 7368. SECTION 1. No traction or other portable Traction ensteam engine shall hereafter be operated upon the premises strestespark of any inhabitant of this state, or upon the highway, unless said engine shall be equipped with an efficient spark arrester at all times when in use and using wood as a fuel. All traction or other portable engines using wood for fuel shall be equipped with bonnet spark arresters having an oval top of
number ten mesh, twenty-two gage wire, and sides composed of number six mesh, sixteen gage wire. Every traction 0 other portable engine shall at all times carry and be equipped with proper fire extinguishers, either liquid or dry.
(609) § 7369. SEC. 2. Any person violating any of the provisions of this act shall be deemed guilty of a misde meanor, and upon conviction thereof shall be punished by a fine not exceeding twenty-five dollars, or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment in the discretion of the court.
Sec. 3 repeals act number two hundred fifty-eight of the public acts of nineteen bundred eleven.
SCATTERING OF NOXIOUS WEEDS, ETC.
An Act to prohibit the scattering or depositing of noxious weeds, wild
grass, or foul seeds along or on any public highway or in any of the streams, lakes or other inland waters within this state and providing penalties for violations.
(Act 184, P. A. 1917.)
The People of the State of Michigan enact: (610) SECTION 1. Hereafter it shall be unlawful for any person or persons to intentionally scatter or deposit any noxious weeds, wild grass, or foul seeds along or on any public highway or in any of the streams, lakes or other inland waters within this state.
(611) SEC. 2. Any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than five dollars nor more than twenty-five dollars, or by imprisonment in the county jail for not less than five days nor more than thirty days, or by both such fine and imprisonment in the discretion of the court.
CUTTING OF NOXIOUS WEEDS.
An Act to provide for the cutting of noxious weeds within the state
[Act 66, P. A. 1919.)
Owner of land to destroy nox ious weeds.
The People of the State of Michigan enact: (612) SECTION 1. It shall be the duty of every owner, possessor or occupier of land or of every person or persons, firm or corporation having charge of any lands in this state to cut
or cause to be cut down and destroyed all Canada thistles, milkweed (asclepica cornutus), wild carrots, ox-eye daisies, or other noxious weeds growing thereon, at least once in each year, before the first day of July in townships south of range sixteen north and before the fifteenth day of July in townships north of range sixteen north, and as much oftener as may be necessary to prevent them going to seed, and if any Penalty for owner, possessor or occupier of land, or any person or persons, firm or corporation having charge of any lands in this state shall, knowingly, suffer any Canada thistles, milkweed, wild carrots or other noxious weeds to grow thereon or shall suffer the seeds to ripen, so as to cause or endanger the spread thereof, he or they shall, on conviction in any court of competent jurisdiction be liable to a fine of ten dollars, together with costs of prosecution, for every such offense and he or they shall pay the cost of cutting and destroying such weeds.
(613) SEC. 2. It shall be the duty of the commissioner Notice to of highways in each road district to give general notice in the following manner to every owner, possessor or occupier of land and to every person or persons, firm or corporation having charge of any lands in this state, whereon noxious weeds are growing, to cut and destroy such noxious weeds: Four How given. notices, each not less than one foot square shall be printed in clear, readable type and posted one in each of four conspicuous places in the road district, and notices shall also be published in some local paper having a general circulation in the township. These notices shall set forth the fact that all noxious weeds must be cut on or before a certain date, which date shall be fixed by the commissioner. The posting and Time of
posting publishing of such notices shall take place at least ten days prior to the date upon which the weeds must be cut, and such notice may read as follows:
To owners, possessors or occupiers of land, or any person Suggested or persons, firm or corporation having charge of any lands in this state:
Notice is hereby given that all noxious weeds growing on any land in the township of ... .., county of must be cut down and destroyed on or before the day of .
A. D., nineteen hundred .. Failure to comply with this notice on or before the date mentioned or within ten days thereafter shall make the parties so failing liable for the costs of cutting same to be levied and collected against the property in the same manner as other taxes are levied and collected. Dated....
Commissioner of highways of the township of
county of ... Also, at the time of posting said notices to mail a copy of the same to every owner, possessor or occupant or occupier of land and to every person or persons, firm or corporation hav