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for violation

(605) § 4795. SEC. 3. Any person violating any of the Punishment 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.

to railroads.

required.

(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 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:

gines, spark

(608) § 7368. SECTION 1. No traction or other portable Traction ensteam engine shall hereafter be operated upon the premises arresters. 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

Fire extinguishers.

Penalty.

number ten mesh, twenty-two gage wire, and sides composed of number six mesh, sixteen gage wire. Every traction or other portable engine shall at all times carry and be equipped with proper fire extinguishers, either liquid or dry.

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(609) 7369. SEC. 2. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, 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 hundred eleven.

Acts unlawful.

Penalty.

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.

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[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.

Owner of

land to

destroy noxious weeds.

CUTTING OF NOXIOUS WEEDS.

An Act to provide for the cutting of noxious weeds within the state of Michigan.

[Act 66, P. A. 1919.]

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

refusal.

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 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:

owner, etc.

posting.

form.

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

...

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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

When commissioner to destroy weeds.

Sworn statements of

expenses.

ing charge of any lands in this state, whereon noxious weeds are growing, whose postoffice address is known.

(614) SEC. 3. In case the owner, possessor or occupier of land or the person or persons, firm or corporation having charge of any land shall refuse or neglect to comply with such notice and to cut the weeds on or before the date stated in such notice or within ten days thereafter, it shall be the duty of the highway commissioner and overseer of highways, or some one whom said overseer may employ to assist in carrying on the work, to enter upon the land and to cause all such noxious weeds to be cut down with as little damage to growing crops as may be, and he shall not be liable to be sued in any action of trespass therefor.

(615) SEC. 4. Highway commissioners and overseers of highways shall keep an accurate account of the expenses incurred by them in carrying out the provisions of section three of this act with respect to each parcel of land entered upon therefor, and shall make a sworn statement of such account and present same to the township board of the township in which the expense was incurred. The township board audit and pay is hereby authorized and required to audit and allow such account and order the same to be paid from the fund for general township purposes of said township out of any moneys in the township treasury not otherwise appropriated.

Township board to

account.

Expenses lien on property.

Weeds on state and

(616) SEC. 5. The supervisor of the township shall cause all such expenditures to be severally levied on the lands on which such expenditures were made, and the same shall become a lien upon said land and shall be collected in the same manner as other township taxes are collected; the same when collected shall be paid into the general township fund to reimburse the outlay therefrom aforesaid.

(617) SEC. 6. It shall be the duty of the highway comschool lands. missioner and overseer of highways to cut all noxious weeds on state lands, school land and so forth and all brush and noxious weeds on highways passing by or through the same and the cost of same shall be allowed by the township board and paid by the township treasurer of the township in which such land is located.

Railroad companies, etc., to de

stroy noxious weeds.

Failure to comply, procedure in case of.

(618) SEC. 7. All railroad corporations or gravel or plank road companies doing business in this state shall, 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 at any time during the year so often as shall be sufficient to prevent Canada thistles, milkweed, wild carrots, ox-eye daisies, or other noxious weeds. going to seed, cause all Canada thistles, milkweed, wild car rots or other noxious weeds growing upon lands occupied by them in any city, village or organized township in this state to be cut down and destroyed. In case any railroad company or gravel or plank road company shall refuse or neglect to comply with the requirements of this act, then it shall be lawful for said overseer of highways to cut and destroy said

Canada thistles, milkweed, wild carrots, or other noxious weeds between the first day and the fifth day of July, inclusive, and between the fifteenth and twentieth days of July, inclusive, as the case may be, in each year or so often as shall be sufficient to prevent said Canada thistles, milkweed, wild carrots, or other noxious weeds going to seed to endanger the spread thereof, at the expense of the corporation on whose lands said Canada thistles, milkweed, wild carrots, or other noxious weeds shall be so cut, at the rate of three dollars per day for the time necessarily occupied in cutting and destroying, to be recovered in any court of competent jurisdiction in this state.

missioner.

Neglect of penalty for.

duty,

(619) SEC. 8. It shall be the duty of the highway com- Duty of commissioner and the overseer of highways in each road district to see that the provisions of this act are carried out within the limits of his road district. Any highway commissioner or overseer or street commissioner in any city who shall refuse or neglect to perform the duties required by this act shall be deemed guilty of a misdemeanor and upon conviction thereof in a court of competent jurisdiction shall be punished by a fine of not less than ten dollars nor more than twenty-five dollars, together with the costs of prosecution, or by imprisonment in the county jail for a period not exceeding thirty days, or by both such fine and imprisonment in the discretion of the court.

attorney,

(620) SEC. 9. It shall be the duty of the prosecuting Prosecuting attorney of the county to prosecute all violations of the pro- duty of." visions of this act which shall come to his knowledge.

Sec. 10 repeals all acts or parts of acts inconsistent with or contravening the provisions of this act.

AUDIT AND ALLOWANCE OF CLAIMS FOR LABOR AND
MATERIALS.

An Act requiring all claims for labor, materials purchased or incidental expenses contracted by highway commissioners of townships lying in a county containing a population of three hundred fifty thousand or over, to be presented to the township board for audit and allowance, and providing the manner of payment thereof.

[Act 357, P. A. 1913.]

The People of the State of Michigan enact:

presented to

board.

(621) § 4748. SECTION 1. In any township in the state Claims to be of Michigan lying in a county containing a population of township three hundred fifty thousand or over, all claims for labor, materials purchased or incidental expenses contracted by highway commissioners of said townships shall be presented to the township board for audit and allowance, and when allowed, shall be paid in the same manner as other claims

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