PA 87 AS 18^9 # MICI4IOAM PUBLIC M E L.AV>rS OK) state.: UavN A 92'^ 0^2 470 ^^^ Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924012470112 ' rmmm ^A LAWS STATE OF MICHIGAN M<. BBIiATINa TO THE PUBLIC HEALTH, IN FORCE IN THE YEAE 1890. Compiled Under the Direction of the Secretarv of the State Board of Health. Supplement to the Annual Report of the State Board of Health for the Year 1889. [No. 330.] I t r J)!iei»l@AIH STATE flOUUB or HEALTH BY AUTHORITY. LANSING, MICH.: DARIUS D. THORP, STATE PRINTER AND BINDER. 1889. LAWS STATE OF MICHIGAN RELATING TO THE PUBLIC HEALTH IN FORCE IN THE YEAR 1890. 3 Compiled Under the Direction of the Secretary of the, V State Board of Health. Supplement to the Annual Report of the State Board of Health for the Year 1889. [No. 330.] 'MlGDiiSMiii STATE mm^ tff mraLTiH SgAL. BY AUTHORITY. LANSING, MICH.: DARIUS D. THORP, STATE PRINTER ANDiBINDER. 1889. @ CONTENTS. < An idea of the scope of the public-health laws of Michigan may be gained by an exam- iaation of this table of contents.) Pages. Introductory and Explanatory Remarks ■. vi LAWS :- I. State Board of Health 1-5 Organization - 1-3 Local Boards to report to 3 State officers and others to furnish Information to 3 To collect and disseminate information 3-4 To examine plans for some public buildings 4 Prevention of the introduction and spread of cholera and other dangerous com- municable diseases 4-5 IL Local Boards or Health 5-34 Organization, powers and duties 5-7 , Must appoint a health officer 7-8 Local officers must report to State Board 8 Abatement of iluleances and causes of sickness 8-13 Regulation of offensive trades 11-12 Communicable diseases 13-21 Quarantine. 21-23 Safety of persons in public buildings 22-27 Cemeteries, burial and other disposal of thedead 27-81 Forwarding Dead Bodies for Dissection .' 31-34 IIL Cities AND ViLLAQEB : Sanitary Provisions in the General Laws for their Incorporation „ 1 34-57 Cities 34-48 Villages 48-57 IV. Drainage and Sewerage 67-63 Drainage of Swamps, Marshes and other Low Lands 57-62 Sewers as Public Improvements in Cities and Villages 63 V. Food, Drinks, Drugs, Medicines, Etc 63-82 Protection of Fish and Fisheries 63-64 Diseased Meat and Contagions Diseases in Cattle, Sheep and other Animals 64-69 Sale of Diseased, Corrupted, or Unwholesome Provisions 69 Adulteration of Food;', Drinks, Drugs or Medicines, and Sale thereof when Adul- terated 69-73 Adulteration of Alcoholic Liquors, Sale thereof when Adulterated 73 Adulteration and Sale of Milk, Cheese and Butter 74-78 Sale and Use of Oleomargerine and other Substances resembling Butter 78-79 Manufacture and Inspection of Salt 79-80 Prescribing Poisons, Drugs, or Medicines when Intoxicated - 80 Sale of Poisons 80-81 Advertisement and Sale of Drugs to Produce Abortion, etc 81-82 Poisoning of Food, Drink, Medicines, Spring?, Wells, etc 82 IV CONTENTS. Page. jn. Explosives, Fire-arms, Etc 82-90' Inspection of Illaminatlnsr Oils 8Z-8T Protection from Danger by Gunpowder ST Transportation and Storage of Nitro-glyoeilne and other Explosives 87-89 Sale and Use of Toy Pistols S9-S0 Setting Spring-guns and other Dangerous Devices W Protection against Fire from SteamVessels 90- Tir. Safett of Persons in Manufaotuhing Establishments, Mines, Etc., and Duties OF Certain Inspectors 91-96 Blowers where Emery Wheels and Belts are used 91 Lme Shafting in Fair Grounds and other Puhlic Places 91 Employment of Young Persons, and Women in Certain Cases 9^ Inspectors of Mines, their Duties in Certain Cases 93-95 Ten Hours a Legal Day's Work - 95-95 VIII. Safety of Travel 96-121 Law of the Boad, Regulation of Public Carriages 96-98 Encroachments of Water-Courses on Highways 99-101 Protection and Preservation of Bridges , 101 Bridges over Mill Races, etc 102 Safety Gates on Swing and Draw Bridges 102-103 Sidewalks and Cross-walks in Unincorporated Villages 103-lOt Highways, Streets, Bridges, etc, Must he Kept in Repair 101-105 Regulation of Ferries. 106 Danger Signals at Places of Cutting Ice 106 Enclosing or Filling of Shafts, Pits, etc.. 106 Railroads,— Sanitary and Police Regulations 106-115 Transportation of Inflammable Oils 115 Provisions against Accidents on Railroads , 116-120 Serving of Process on Railway Company ; 121 IX. Regulation of the Practice of Medicine, Dentistry and Pharmacy 121-130 Registration of Physicians, Students of Medicine, and Midwives 131-123 Regulation of the Practice of Dentistry 123-126 Regulation of the Practice of Pharmacy 125-129 Organization of Pharmacists and Druggists 129-130 X. Certain Social Regulations, Morals, Etc 130-138 Restrictions as to Marriage I. 130-134 Protection to Health, Life, and Morals of Children 134-137 Sale of Obscene, Immoral, and Indecent Books, etc.. Prohibited 137-138 XI. Willful Killing, or Injury to Person 138-146 Offenses Against the Lives and Persons of Individuals 188-144 Careless Use of Fire-arms 146 Carrying Concealed Weapons 145 XII. Vital and Social Statistics 146-153 Census 146-147 Registration of Births, Marriages, and Deaths 147-151 Statistics of the Insane, Deaf, Dumb, and Blind 161-162 Statistics of Treatment and Cure of Inebriates 162-153 XIII. Penalties and Forfeitures.— Duties of Prosecuting Attorneys, Supervisors and other Township Oificers in Case of Violation of the Law. IBg Of the Collection of Penalties and Forfeitures 163 Index : To Acts and Sections of Acts printed In this Compilation 164-168 To Sections of the Compiled Laws of 1871 printed in this Compilation 169 To Sections of Howell's Annotated Statutes printed In this Compilation 160-161 General Index 162-176 INTEODUOrORY AND EXPLANATOEY EEMARKS. This compilation is designed especially for nse by health officers of local boards of health in Mich- igan, a class of oflacers who do not receive the Session Laws, or the compilation of the general lawSi distributed by the Secretary of State. Numbers at the beginning of sections of law are the consecutive numbers of sections as arranged in this compilation. When a number In parenthesis follows, it is the compiler's number of the sec- tion in the Compiled Laws of 1871. At the end of the section is given the compiler's number of the section in Howell's Annotated Statutes, 1883. Thus, on page 8, the section numbered Zi is Sec. 1698 of the Compiled Laws of 1871, and §1639 of Howell's Annotated Statutes. In the arrangement of sections the aim has been, for convenience of reference, to bring together, BO far as practicable, laws upon the same subject. To do this it has been necessary, in some cases, to interpolate more recent laws between sections of various chapters in the Revised Statutes of 1816 and the Compilation of 1871 ; also, to transpose sections in the same chapter or from one chap- ter to another of the general compilations. Sections have, in some cases, been brought together for their common relations to public-health interests, which, on account of commercial or other relations, would be differently grouped. As some chapters and acts are given only in part, the sections only being given which seem to have the closest relations to public health or duties of officers of health, in proceedings under the acts reference should be made to the general compilations or to the Session Laws. Most of the references to cases adjudicated have been taken from Howell's Annotated Statutes. PUBLIC-HEALTH LAWS, In Force in th.e Year 1S80. I.— STATE BOAED OP HEALTH. ORGANIZATION AND DUTIES. Act No. 81, Laws of 1873, entitled, "An act to establish a State Board of Health, to provide for the appointment of a superintendent of vital statistics, and to assign certain duties to local boards of health." Approved April 12, 1873. 1. Section 1. The People of the State of Michigan enact, state board of That a board is hereby established which shall be known under fifhed. *^"'''' the name and style of the " State Board of Health." It shall con- sist of seven members, as follows: Six members who shall be Members of, and appointed by the governor with the consent of the senate, and a "^ "''''° " * ' secretary, as provided in section four of this act. The six mem- Term of office, bers first appointed shall be so designated by the governor that the term of oflBoe of two shall expire every two years, on the last day of January. Thereafter, the governor, with the consent of the senate, shall biennially appoint two members to hold their offices for six years, ending January thirty-first. Any vacancy vacancy, now in said board may be filled until the next regular session of the ''"°*' legislature by the governor. — §162?^. 2. Sec. 2. The State board of health shall have the general Duties of. supervision of the interests of the health and life of the citizens of this State. They shall especially study the vital statistics of this State, and endeavor to make intelligent and profitable use of the collected records of deaths and of sickness among the people; they shall make sanitary investigations and inquiries respecting the causes of disease, and especially of epidemics ; the causes of mortality, and the effects of localities, employments, conditions, ingesta, habits and circumstances on the health of the people. They shall, when required, or when they deem it best, advise officers of the government, or other State boards, in regard to the location, drainage, water supply, disposal of excreta, heating, and ventilation of any public institution or building. They shall from time to time recommend standard works on the sub- ject of hygiene for the use of the schools of the State. — § 1623. 3. Sec. 3. The board shall meet quarterly at Lansing, and at ^or/d?^"' such other places and times as they may .deem expedient. A majority shall be a quorum for the transaction of business. Qoornm. PUBLIC-HEALTH LAWS OF MICHIGAN. Election of president and the adoption of rules, etc. Election of secretary. Term of oflace of secretary and his duties. Salary of secretary. Expenses of board. Appropriation. They shall choose one of their number to be their president, and may adopt rules and by-laws subject to the provisions of this act. They shall have authority to send their secretary, or a committee of the board to any part of the State, when deemed necessary to investigate the cause of anv special or unusual disease or mor- tality.— § 1624. 4. Sec. 4. At their first meeting, or as soon as a competent and suitable person can be secured, the board shall elect a secretary, who shall, by virtue of such election, become a member of the board and its executive officer. The board may elect one of their own number secretary, in which case the governor shall appoint another member to complete the full number of the board.— § 1625. 5. Sec. 6. The secretary shall hold his office so long as he shall faithfully discharge the duties thereof, but may be removed for just cause at a regular meeting of the board, a majority of the members voting therefor. He shall keep his office at Lans- ing, and shall perform the duties prescribed by this act, or required by the board. He shall keep a record of the transactions of the board; shall have the custody of all books, papers, documents, and other property belonging to the board, which may be deposited in his office ; shall, so far as practicable, com- municate with other State boards of health, and with the local boards of health within this State ; shall keep and file all reports received from such boards, and all correspondence of the office appertaining to the business of the board. He shall, so far as possible, aid in obtaining contributions to the library and museum of the board. He shall prepare blank forms of returns and such instructions as may be necessary, and forward them to the clerks of the several boards of health throughout the State. He shall collect information concerning vital statistics, knowledge respect- ing diseases, and all useful information on the subject of hygiene, and through an annual report,* and otherwise, as the board may direct, shall disseminate such information among the people. — § 1636. 6. Sec. 6. The secretary shall receive an annual salary which shall be fixed by the State board of health. The board shall quarterly certify the amount due him, and on presentation of said certificate .the auditor general shall draw his warrant on the State treasurer for the amount. The members of the board shall receive no per diem compensation for their services, but their traveling and other necessary expenses while employed on the business of the board shall be allowed and paid.— § 1627. 7. Sec. 7. The sum of four thousand dollars per annum, or so much thereof as may be deemed necessary by the State board of health, is hereby appropriated to pay the salary of the secre- tary, meet the contingent expenses of the office of the secretary and the expenses of the board, which shall not exceed the sum * Section n pt Act No. 170, Laws of 1877, provides for the printine and diatrihiitinT. of the Annual reports of the Board. 8 20, Howell's Statutes. QisiriDutlon STATE BOARD OF HEALTH. hereby appropriated. Said expenses shall be certified and paid in the same manner as the salary of the secretary. — § 1638. LOCAL BOARDS TO REPORT TO STATE BOARD. 8. Sec. 8. It shall be the duty of the health physician, and Health phy- also of the clerk of the local board of health in- each township, cierk^^onocai <3ity, and village in this State, at least once in each year, to ?" stlte°boMdr report to the State board of health their proceedings, and such other facts required, on blanks, and in accordance with instruc- tions received from said State board. They shall also make special reports whenever required to do so by the State board of health.—! 1629. STATE OFFICERS AND OTHERS TO ; FURNISH INFORMATION. 9. Sec. 9. In order to afford to this board better advantages Duty of state for obtaining knowledge important to be incorporated with that sidan^'etcf^to collected through special investigations and from other sources, mluon/"""^" it shall be the duty of all officers of the State, the physicians of all mining or other incorporated companies, and the president or agent of any company chartered, "organized, or transacting business under the laws of this State, so far as is practicable, to furnish to the State board of health any information bearing upon public health which may be requested by said board for the purpose of enabling it better to perform its duties of collect- ing and distributing useful knowledge on this subject. — § 1630. 10. Sec. 10. The secretary of the State board of health may Annual report publish in his annual report such information, or statistics, as is "' ^^"^'^'■y- provided for in this act. — § 1631. — As amended, iy Act 107 of 1883. 11. Sec, 11. The secretary of State shall provide a suitable Boom lor use of room for the meetings of the board a't Lansing, and office room for its secretary. — § 1633. APPROPRIATION,— STATE BOARD TO COLLECT AND DISSEMINATE INFOR- MATION. Act No. 341, Laws of 1881, entitled, " An act making an appropriation to enable the State board of health better to collect and disseminate information useful for the promotion of the public health." 12. SECTioifr 1. The People 'of the State of Michigan enact, f^^%ll^%^^g^ That the sum of two thousand dollars per annum, in addition to of health, the sum appropriated by act number eighty-one of public acts of session laws of eighteen hundred and seventy-three, is hereby appropriated out of the general fund, to enable the State board of health to purchase meteorological and other instruments, make special investigations, pay official expenses of members, and other expenses in attending and holding sanitary conven- tions in different parts of the State, and cause to be made and distributed documents in pamphlet form, and reprints of such articles in its annual report as the board may deem it for the PUBLIC-HEALTH LAWS 'OF MICHIGAN. best interests of the public health to distribute about the State. Said expenses shall be audited and paid in accordance with sections six and seven of act number eighty-one of public acts of session laws of eighteen hundred and seventy-three, ttre'iM'tix!""' }^- ^^°- ^- T*i« auditor general shall add to and incorporate with the taxes for each year the amount above appropriated, which, when collected, shall be passed to the credit of the proper fund. STATE WEATHER SERVICE. Act No. 2, Laws of 1887, is entitled: "An act making an appropriation for the equip- ment, supiiort and expenses of a State weather service," and Act No. 48, Laws of 1889, is entitled : "An act making an appropriation for the support and expenses of a State weather service." Note. — The " weather service " provided for in the above-mentioned acts, is for the benefit of agriculture and commerce, etc., tlie moneys are expended under the direc- tion of the iState Board of Agriculture, and the monthly summary of meteorological observations is published by the Secretary of State. While this weather service does not have any very apparent close relation to the work of the State Board of Health, much of its work is of such a nature that it is hoped that the State Board of Health may be able In time to utilize it in the interest of public health, as the board has for many years made use of reports by its own coirps of meteorological observers, for whose compensation no provision has yet been made by the legislature. EXAMINATION OF PLANS FOR BUILDINGS FOR CHARITABLE, PENAL, OR REFORMATORY INSTITUTIONS. « From Act No. 206, Laws of ISSi, entitled, "An act to provide for the uniform regula- ' tion of icertain State institutions, and to repeal section * * * "as amended by Act No. 86, Laws of 1889. / Plans lor build- 14. Sec. 7. That'before the board of any charitable, penal or 8ubmt°ted.'"" reformatory institution shall determine on the plan of any build- ing, or on any system of sewerage, ventilation, or heating, which has been authorized by the legislature to be constructed, such plan shall be submitted to the board of corrections and charities and the State board of health for examination and opinion thereon ; and the board so submitting such plan shall, in its biennial report, show to what extent it was approved by the boards so examining them. * * * That It shall be the duty of said State boards to visit said penal, charitable and reforma- tory institutions, when necessary to make the examinations herein required, and their official expenses necessarily incurred shall be audited by the board of State auditors and paid from the general fund. — § 418. CONTINGENT APPROPRIATION. — PREVENTION OF THE INTRODUCTION AND SPREAD OP CHOLERA AND OTHER DANGEROUS COMMUNICABLE DISEASES. Act No. 320, Laws of 1885, entitled, "An act to provide for the prevention of th» introduction and spread of cholera and other dangerous commun^able diseases." It Governor 15. SECTION 1. The PeopU of the State of Michigan enact, maM?aw ^'"'^ That whenever in the opinion of the governor it may be deemed jio,ooo, etc. necessary, he may draw from the general fund, on the warrant of the auditor general, not to exceed the sum of ten thousand bolrd of health ^°^^^^^ ($10,000), to be used by the State board of health, to toprevent** prevcfit the introduction or spread, in this State, of cholera or cholera, etc. Qthcr communicable diseases dangerous to public health. CONTINGENT APPBOPRIATION— LOCAL BOARDS OF HEALTH. 5 16. Sio. 3. At such ports or places, or on such lines of travel System of in- as there may be danger of the introduction into this State of Established.''* cholera or other dangerous communicable diseases, the State board of health shall have power to establish such systems of inspection as may be practicable and needful to ascertain the presence of the infection of cholera or other dangerous commu- nicable diseases in the persons of immigrants or travelers, in wearing apparel, baggage, or freight ; to question on oath, with- out cost to the State or person so questioned, which oath a duly appointed inspector of the State board of health is hereby authorized to administer to the immigrant, traveler, or other per- son, as to the place from which the suspected person, baggage, or freight came, the time elapsed since his or its exposure to cholera or other dangerous disease, and on other subjects on which information is needed; and the State board of health shall have power to order such disinfection of baggage or other articles which are infected or liable to be infected, and to cause such isolation of persons or things infected or liable to be in- fected, as may be necessary for the public safety, by placing it or them in the care of the local board of health, or by other prac- tical methods, bo the end that the object of this act, expressed in its title, shall be fulfilled. 17. Sec. 3. It shall be the duty of the State board of health J^ie^s'.'**"'" to frame and publish rules for the conduct of inspieetion under this act. Whoever shall willfully violate the rules of the State Penalty for tIo- board of health made in pursuance of this act, shall on con vie- '*"'° "* '"'^'• tion be deemed guilty and punished as in cases of misdemeanor. PUBLIC SCHOOL TEXT-BOOKS ON PHYSIOLOGY AND HYGIENE. Act No. 164, Laws of 1881, required that text books for use in public schools giving instruction in physiology and hygiene shonld receive the approval of the State board of health. Act No. 165, Laws of 1887, leaves out and thus repeals the require- ment for examination of ^uoh books by the State board of health. II.— LOCAL BOARDS OF HEALTH. OEGANIZATION, POWERS, AND DUTIES.— NUISANCES, AND CAUSES OF SICKNESS, OFFENSIVE TRADES, COMMUNICABLE DISEASES, QUARANTINE, PUBLIC BUILDINGS, CEMETERIES. Chapter 35, Revised Statutes of 1848, chapter 46, Compiled Laws of 1871, Howell's Statutes, entitled, " The preservation of public health ; quarantine, nuisances, and offensive trades,"— when not otherwise stated. ORGANIZATION OF TOWNSHIP BOARDS OF HEALTH. 18. (1693.) Section 1. In every township the township Board of health. board* shall be the board of health. The supervisor shall be the president, and the township clerk shall be the clerk of said board. The clerk shall keep a record of the proceedings of the *'18. The organization of the township board is stated in sections 706 and 707 (sec- tions 70 and 71 of chapter 12), Compiled Laws of 1871, as follows :— PUBLIC-HEALTH LAWS OF MICHIGAN. board in a book to be provided for tbat purpose at the expense of the township. — As amended by Act 56 of 1877. — § 1633. *1S. Footnote continued:— TOWNSHIP BOARD. Who shall con- Btttute township „ ,.___ 18 a. (706) Sec. 70. The supervisor, the two justices of the hoard. peace whose term of office will soonest expire, and township clerk shall constitute the township board, any three of whom shall constitute a quorum for the transaction of, business — § 744. whenquorum jg J (707) Se(j. 71. When, from any cause, there shall not not present, one »-i ^^ .,. ii-i i_ l of remaining be three of the officers constituting such board competent or Justices to act. ^^^j^ ^.^ ^^^^ ^^^ ^^ ^^^ remaining justices, on being notified by any member of said board, shall meet with any members of the board, and shall have the same authority as the other members of the board.— § 745. note; oh SEOiiONSl (706) and; (707). compiled laws of 1871,— § 744 and g 745, HOWEI.L'S STATUTES. ■ When either of the members of the township bQard, as constituted under Sec. 706,. Comp. Laws of 1871, Is interested In the subject for consideration, he is not "compe- ' tent or able to act " In the sense of Sec. 707 ; and such incompetency will justify the calling in of one of the remaining justices. Every special tribunal appointed by law is subject to the maxim, that no person can sit as a judge in any cause in which he is^ a party, or in which he is Interested. Should the interested member act with the board upon any matter in which he is interested, the action of the board upon that subject would be illegal. Stoelvweill u. Township Boa/rd of White Lake, 32 Mich., 341. But this principle does not apply to the performance of ofBcial acts, pertaining to the public interest, in which he has no interest different from that of any other citizen. Clement v. Everest, 29 Mich., 19. Section 708, Comp. Laws of 1871, provides for an annual meeting of the townshiii' board, as follows, i ofToTOship^""^ 18 c. (708.) Sec. 72. The township board shall meet annually hoard for audit- on the Tucsday next preceding the annual township meeting i^ng accounts, ^^ ^^ ^^qIA. in such township, for the purpose of auditing and settling all claims against the township ; and they shall state on 16 Mich. 228-237. each account the amount allowed by them ; and the amounts allowed by them shall be paid by the treasurer on the order of the board, signed by their clerk and countersigned by the chair- man of the board. — § 746. The notes to Sees. (706), (707), and (708) are applicable both to the board of health and to the township board. NOTES ON SEC. (708), C. L. OF 1871,— § 746, HOWELL'S STATUTES. See Marathon v. Oregon, 8 Mich., 372, 380. The powers of the board are special and limited, they can allow such claims only as are avithorlzed by law. Where claims not so authorized have been allowed, payment of them should be withheld. MUler V. GramAy, 13 Mloh., 540; People v. BlacUmam, 14 Mich., 836. A township board acts judicially in the allowance of claims, and is protected from liability for its decisions in all cases where it has jurisdiction to pass upon claims presented for allowance. Generally the presentation of a demand, purporting to be a claim against the township, is sufflcient to confer jurisdiction on the board to hear and determine it. If their authority to audit any claim Is derived from some special law, or from some particular authority, the presentation of a demand under such act or authority, gives jurisdiction to determine whether the claim comes within the act or authority, and to allow or adjust it according to their judgment. The presence of the claimant before the board is not necessary to the allowance of his account. Nor is it necessary that the account should be sworn to, or be proved by evidence under oath. The board may act upon their own knowledge of the demand. If they are satis|led of its correctness, it is sufflcient. Wcai v. Trumbull, 16 Mich., 228. But the claim must be In writing ; It cannot be presented by parol. Same, p. 853. Payment of demands audited and allowed may be compelled by mandamus. Mar- athon V. Oregon, 8 Mich., 372, and oases cited at p. 379 of Howell. And this is the proper remedy for enforoins the payment of fixed and liquidated claims against a township, and not by suit upon the demand. Same case; also People v. LaOrcmae 2 Mich., 187; People v. Auditors of Wame Co., 5 Mich., 223; People v. Porter and Calvin. 18 Mich., 101; Dayton v. Rounds amd Warren, 27 Mich., 82; McArthur v. Duncan, 34 Mich., 27. After great and unreasonable delay In collecting township orders, they will not be enforced. People v. Lincoln, 41 Mloh., 416. CITY AND VILLAGE BOARDS OF HEALTH.— HEALTH OFFICER. 7 ORGANIZATION, POWERS, AND DUTIES OF CITY AND VILLAGE BOARDS OF HEALTH— DUTIES OF INHABITANTS. 19. (1740.) Sec. 49. The mayor and aldermen of each incor- (^""yefand""" porated city, and the president and council, or trustees, of each Tillages, who incorported village in this State, in which no board of health is '"^n't'tw^- organized under its charter, shall have and exercise all the powers and perform all the duties of a board of health as pro- vided in this chapter, within the limits of the cities or villages, respectively, of which they are such officers. The provisions of this chapter,* and the amendments thereto, shall, as far as applicable, apply to all cities and villages in this State, and all duties which are, by the provisions of this chapter, to be per- ^^^'^jf^^J^^ ^^ formed by the board of health of townships, or by the officers habitants oi and inhabitants thereof, shall in like manner be performed by vuiageT'' the board of health and the officers and inhabitants of such cities and villages, with a like penalty for the non-performance of such duties, excepting in cases where the charters of such cities and villages contain provisions inconsistent herewith. — As amended by Act 145 of 1879.—% 1681. EVERY BOARD OF HEALTH MOST APPOINT A HEALTH OFFICER. 30. (1693.) Sec. 2, Every board of health shall appoint and Health officer, constantly have a health officer who shall be a well-educated phy- sician and act as the sanitary adviser, and an executive officer of the board : Provided, That in townships where it is not practic- able to secure the services of a well-educated and suitable phy- sician, the board may appoint the supervisor or some other per- Boar* ™ay son as such health officer. The board of health shall establish T?aor,''eto?''°'' his salary or other compensation,! and shall regulate and audit salary. all fees and charges of persons employed by them in the, execu- tion of the health laws, and of their own regulations. Within Annual thirty days after the annual township meeting in each year, the "^^ °^' board of health shall meet for the transaction of business, and Costs awarded against a township, or township officers, or the township board. In snits or proceedings prosecuted by or against them In their name of office, are a township charge, and are to be collected the same as other township charges, and not by execution. StocHwellii. White Lake,22 Mich.. 341. See People u Auditors of Wayne Co., B Mich., 223; Dayton v. Rounds, 27 Mich., 82; McArthurv. Duncan, 3i Mich., 27. But costs incurred by a township officer In proceedings instituted on his own behalf, and without any direction from the township board, to establish his right to office are not a charge against the township* Scott v. Bingham, 32 Mich., 492. The eledtors cannot, by vote, at township meetings, audit private claims against the townships ; nor can the legislature audit such claims. People v. Onondaga, 16 Mich., 364. Nor have boards of supervisors the power to establish claims in favor of their counties, against the townships. Turck v. Wright, 19 Mich., 851. * Chapter 35 of Revised Statutes of 1846, or Chapter 46 (being consecutive sections 1692-1740) of Comp. Laws of 1871. The general laws for incorporation of cities and villages also impose board of health powers and duties on common councils of cities and the boards of trustees of villages organized under these laws. They also provide for the organization of a separate board of health by the council or trustees of such cities or villages. See, for cities. Chap. XIV. (espeolally Sees. 7 and 8), Act 178, of 1873, (Sees. 121 and 132 of this compilation) : for villages. Sees. 48-55 (especially 54 and 55), Chap. VII., Act 62 of 1875, as amended by Act 245 of 1879 (Sees. 184 and 185 of this com- pilation). The special charters granted by the legislature either impose board of health powers and duties on the council or board of trustees, or provide for a sep- arate board of health. Certain board of health powers, and duties of villages, organized by boards of supervisors under Act 168 of 1857, and its amendments, are stated in §§ 2999, 3005, 3008, 3009, and 3019 of Howell's Annotated Statutes. t But the health officer cannot always collect his salary as It is established by the board of health. See Coleman v. City of Cadillae, 49 Mich., 322. PUBLIC-HEALTH LAWS OF MICHIGAN. Ksme and ad- dress of bealtli officer to be transmitted to secretary of State board of bealtb. Special meetings. shall appoint or re-appoint a health oflBcer, and shall immediately cause to be transmitted to the secretary of the State board of health at Lansing, the full name and postoflBce address of such health oflBcer, and a statement whether he is a physician, the supervisor, or some other person not a physician. A special meeting of the board may be called by the order of the president or of any two members of said board. — As amended by Acts 56 of 1877, and 202 of 1881.— ^ 1634. Health physicians and clerks of local boards to report to State board. LOCAL OFFICERS MUST nEPORT TO STATE BOAED, From Act 81 of 1873. 21. Seo. 8. It shall be the duty of the health physician, and also of the clerk of the local board of health in each township, city, and village inthis State, at least once in each year, to report to the State board of health their proceedings, and such other facts required, on blanks, and in accordance with instructions received from said State board. They shall also make special reports whenever required to do so by the State board of health. —§1639. [ Section 1 of Act 137 of 1883 (Seo. 48 of this compilation), requires the health officer, unless otherwise instructed by his board, on receipt of information of a case of small-pox, diphtheria, scarlet fever, or other communicable disease dangerous to the public health, in his township, city, or village, to keep the president of his own board and the secretary of the State board of health constantly Informed respecting every outbrealL of a disease dangerous to ttie public health, and of the facts so far as the same shall come to his Icnowledge, respecting sources of danger of any such diseased person or Infected article being brought Into or taken out of his township, city, or village.] REQXTLATIONS OF NUISANCES, SOURCES OP FILTH, CAUSES OF SICKNESS, INFECTED ARTICLES AND PERSONS. Regulations re- gg. (1694.) Sec. 3. The board of health shall make such .of s^ckneas^etc. regulations respecting nuisances, sources of filth, and causes of sickness, within their respective townships, and on board of any vessels in their ports or harbors, as they shall judge necessary for the public health and safety ; and if any person shall violate any such regulations, he shall forfeit a sum not exceeding one hundred dollars.— § 1635. 23. (1695.) Sec. 4. The said board shall also make such reg- ulations as they may deem necessary for the public health and safety, respecting any articles which are capable of containing or conveying any infection or contagion, or of creating any sick- ness, when such articles shall be brought into, or conveyed from, their township, or into or from any vessel ; and if any person shall violate any such regulation, he shall forfeit a sum not exceeding one hundred dollars. — § 1636. Respecting arti- cles capable of conveying con- tagion, etc. NOTICE OF ALL REGULATIONS BY LOCAL BOARD OF HEALTH. Notice of regn- latlonB, how published. 24. (1698.) Seo. 7. Notice shall be given by the board of health of all regulations made by them, by publishing the same in some newspaper of the township, if there be one published therein, and if not, then by posting them up in five public places NUISANCES, SOURCES OF FILTH, CAUSES OF SICKNESS. 9 in such township ; and such notice of said regulation shall be deemed legal notice to all persons. — § 1639. EXAMINATION AND ABATEMENT OF NUISANCES, SOURCES OP FILTH, CAUSES OF SICKNESS. 35. (1699.) Sec. 8. The board of health shall examine into Board to exam- all nuisances, sources of filth and causes of sickness that may, inces,'eto°,'and in their opinion, be injurious to the health of the inhabitants or pjivwrttSr' within their township, or in any vessel within any harbor or same. port of such township ; and the same shall destroy, remove, or prevent, as the case may require.^ § 1640. 26. (1700.) Sec. 9. Whenever any such nuisance, source of ^Xanra'"!?' " filth, or cause of sickness shall be found on private property, the fo"und'o°np?ivate board of health shall order the owner or occupant thereof, at his '"'"P^^y- own expense, to remove the same within twenty-four hours ; and if the owner or occupant shall neglect so to do, he shall forfeit a sum not exceeding one hundred dollars. — § 1641. 27.* (1701.) Sec. 10. If the owner or occupant shall not when nnisance, comply with such order of the board of health, such board may moved" by board cause the said nuisance, source of filth, or cause of sickness, to 0™?°"^.°* be removed, and all expenses incurred thereby shall be paid by the said owner or occupant, or by such other person as shall have caused or permitted the same. — § 1643. 28. t (1702.) Sec. 11. Whenever any person shall be convicted ^ouj^'^may^^^^ on an indictment for a common nuisance that may be injurious removed in to the public health, the court may, in its discretion, order it to ''*"'''° ''*°^'- be removed or destroyed, at the expense of the defendant, under the direction of the board of health of the township where the nuisance is found ; and the form of the warrant to the sheriff or other officer may be varied accordingly. — §1643. 29. (1703.) Sec. 12. Whenever the board of health shall ^J,''™!^'^ think it necessary for the preservation of the lives or health of tance of board the inhabitants to enter any building or vessel in their township, v'esseus"^ ""^ for the purpose of examining into and destroying, removing, or ^'uBed. preventing any nuisance, source of filth, or cause of sickness, and shall be refused such entry, any member of the board may make complaint, under oath, to any justice of the peace of his county, whether such justice be a member of such board or not, stating the facts of the case, so far as he has knowledge thereof. — § 1644. *37. Declaring a thing to be a nuisance does not make it so, If not so in fact, and an olHcer removing as a nuisance that which is innocent, cannot be justifled.— T^an Horn V. People, 26 Mich., 221, 226. +28. Property is not to be destroyed until its destruction is lawfully ascertained to be necesi-ary in order to stop the nuisance, and then no more is to be destroyed than is thus determined to be needful to eSect that object.— Shepard v- The People, iU Mich,, 487. See that case, also, as to what the information should allege in order to warrant the destruction of property. Judgment for the abatement of a nuisance should not be rendered unless there is a specific finding of a present state of things showing its necessity. And an information which does not allege that it is a con- tinning nuisance will not support such a judgment. Where an information for nui- sance alleges that it arises from the use of things innocent tn themselves, the case does not call for their destruction in order to effect an abatement, but for the dis- continuance of the objectionable method of using them.— iifeaeersmidt v. People, 46 Mich., 437. See Cripperl v. People, 8 Mich.. 117. See also foot-notes to clause Third, Sec. 1, Chap. XI., Act 178 of 1873 (Sec. lU of this compilation). 10 PUBLIC-HEALTH LAWS OF MICHIGAN. Idem. Equity jurlfldlC' tion In case of nalsance, etc. Walk. Ch. 112. Board may per- mit removal of Infected arti- cles, etc. 30. (1704.) Sec. 13. Such justice may thereupon issue a warrant directed to the sheriff or any constable of the county, commanding him to take sufficient aid, and being accompanied by any two or more members of said board of health, between the hours of sunrise and sunset, to repair to the place where such nuisance, source of filth, or cause of sickness complained of niay be, and the same destroy, remove, or prevent, under the direction of such members of the board of health. — § 1645. CIRCUIT COURT HAS EQUITY JUKISDICTION OVER SOME NUISANCES.* From Chap. 110, Revised Statutes 1846, Chap. 199, Gomp. L.aw8 of 1871. 31. (6377.) Sec. 5. The circuit court for any county shall have equity jurisdiction in all matters concerning nuisances, where there is not a plain, adequate, and complete remedy at law, and may grant injunctions to stay or prevent nuisances. — § 7965. PERMITS FOR REMOVAL OF NUISANCBj INFECTED ARTICLE, OB SICK PERSON. 32. (1705.) Sec. 14. The board of health may grant permits for the removal of any nuisance, infected article, or sick person within the limits of their township, when they shall think it safe and proper to do so. — § 1646. Powers of boards In town- ships and vlllagea. Penalty for violation of reqalrements of board. Burial of dead animals. Penalty of neg- lect. PRIVIES AND WATER-CLOSETS IN TOWNSHIPS AND VILLAGES. Act No. 136, Laws of 1881, entitled, "An act to enlarge the powers of boards of health of townships and villages in certain cases." 33. SECTioisr 1. The People of the State of Michigan enact, That boards of health in townships and villages are hereby em- powered to make such rules and regulations in relation to the care and cleansing of privies and water-closets within such town- ships or villages as they may deem desirable for the preservation of the health of any of the inhabitants thereof, or such boards may declare any such privy or water-closet a nuisance, and the abate- ment thereof be by fhem ordered and enforced. — § 1686. 34. Sec. 3. Any violation of any rule or requirement of such board under this act shall be deemed to be a misdemeanor, and shall be punished by a fine not more than ten dollars or imprison- ment in the county jail not more than ten days, or both such fine and imprisonment, in the discretion of the court. — §1686. * DISPOSAL OF DEAD ANIMALS. Act No. 70, Laws'of 1867, entitled, "An act to provide against nuisances." 36. (7734.) Section 1. The People of the State of Michigan enact, That if any person or persons shall put any dead animal or part of the carcass of any dead animal, into any lake, river, creek, pond,' road, street, alley, lane, lot, field, meadow, or com- mon, or in any place within one mile of the residence of any person or persons, except the same and every part thereof be buried at least two feet under ground, and if the owner or own- ' * Relative to informations by the Attorney General, see Atiy. Gen. v. Evwrt Boom- ing Co., 34 Mich., 472; also Atty. Qen. v. Hane, 50 Mich., 447. . DISPOSAL OF DEAD ANIMALS.— REGULATION OF OFFENSIVE TRADES. 11 ers thereof shall knowingly permit the same to remain in any of the aforesaid places, to the injury of the health, or to the annoy- ance of the citizens of this State, or any of them, every person so ofEending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a sum not less than five dollars nor more than ten dollars, together with the costs of prosecution, and in default in the payment thereof, shall be im- prisoned in the county jail of the county in which such convic- tion may be had, not exceeding ten days, to be imposed by any court of competent jurisdiction ; and every twenty-four hours Additional said owner may permit the same to remain after such conviction ''*^°'°- shall be deemed an additional offense against the provisions of this act, and upon conviction thereof shall forfeit and pay a fur- Penalty. ther sum of not less than ten dollars and not more than 'thirty dollars, together with the costs of prosecution, to be recovered as aforesaid, and in default in the payment thereof, be impris- oned as aforesaid not more than thirty days, or be punished by both such fine and imprisonment, in the discretion of the court. —§9323. KEGULATION OF OFFENSIVE TRADES. 36. (1737.) Sec. 46. The township board of every township, ^gJi^^^JJ,"® the president and trustees, or council, of every village, and the carrying on mayor and aldermen of every city, respectively, when they shall o««°9ive trades. judge it necessary, shall, from time to time, assign certain places for the exercising of any trade or employment oflEensive to the inhabitants or ^^ngerous to the public health ; and they shall forbid the exercise thereof in places not so assigned; and all such assignments shall be entered in the records of the township, village, or city, and they may be revoked when the said town- ship, village, or city ofi&cers may think proper. — § 1678. 37. (1738.) Sec. 47. When any place or building so assigned ^^e°piaoM^_ shall become a nuisance by reason of offensive smells or exhala- sance, assignl tions proceeding therefrom, or shall become otherwise hurtful T^nkTa^etl or dangerous to the neighborhood, or to travelers, and the same shall be made to appear on a trial, or the admission of the per- son exercising such trade or employment, before the circuit court for the county, upon a complaint made by the board of health, or by any other person, the said coifrt may revoke such assignment, and prohibit the further use of such place, or building, for the exercise of either of the aforesaid trades or employments, and may cause such nuisance to be removed or prevented.— ^§1679. 38.* (1739.) Sec, 48. Any person injured, either in his com.- f^^^°^J'^*^« fort oi' the enjoyment of his estate, by any such nuisance, may damages. have an action on the case for the damages sustained thereby, in which action the defendants may plead the general issue and give any special matter in evidence. — §1680.* * A nuisance may be both public and private, and there is sometimes a question whether it should be proceeded against as a public or as a private nuisance. For convenience ot reference, the following provisions of law for abatement of a private nuisance are here inserted : [At foot ot page 13.1 12 PUBLIC-HEALTH LAWS OF MICHIGAN. SLAUGHTER AND RENDERING HOUSES IN TOWNSHIPS TO BE DISTANT FROM HIGHWAYS. Prom Act No. 232, Laws of 1879, entitled, "An act to amend "chapter 35 of the revised statutes of 1846, being chapter 46 of the compiled laws of 1871, hy adding two new sections thereto, to stand as sections 60 and 51, relating to offensive trades." hoMls'ltc ^^' ^■^°* ^^' ^^ person shall keep or maintain any slaughter- not to ie kept house, slaughter-yard or slaughter-pen, or any other place for rodso" wgh'way. Slaughtering, [ butchering ] or killing any animals, or rendering dead animals as a business, within twenty rods of any public highway within this State, or in any other place, except as pro- vided in section fortyrsix of this chapter. — § 1682. 40. Sec. 51. Any person offending against any of the provis- ions of the preceding section shall be deemed guilty of a misde- Penaity. meanor, and, on conviction thereof, shall be punished by a fine of Mass., R. S., Ch. 106. JadgemeQt In action for nuisance. 11 Pick., 452. Execution and warrant in case of Judgment that nuisance be abated. How warrant may be stayed. Expense of removing nuisance on warrant, how collected. Equity Jurisdic- tion in case of nuisance, etc. Walk. Ch. 112. Footnote continued from page 11 :— ACTION FOR PRIVATE NUISANCE. Chap. 112, of Revised Statutes of 1846, or Chap. 199, Comp. Laws of 1871. 38 a. ( 6373.) Section 1. In actions on the case for a private nuisance, when the plaintiff prevails, he shall, in addition to the usual judgment for damages and costs, also have judgment that the nuisance be abated and removed, unless the justice holding the circuit court at which any issue of fact joined therein shall be tried shall certify in the minutes of such trial, that the abate- ment thereof is unnecessary. — § 7961. 38 5. ( 6374.) Sec. 2. In case of a judgment that the nuisance be abated and removed, the plaintiff shall have execution in the common form for his damages and costs, and a separate warrant to the proper officer, requiring him to abate and remove the nuis- ance, at the expense of the defendant, in like manner as public and common nuisances are abated and removed. — § 7962. 38 c. (6375.) Sec. 3. The court may, on the application of the defendant, order a stay of such warrant for such time as may be necessary, not exceeding six months, to give him an oppor- tunity to remove the nuisance, upon his giving satisfactory secu- rity to do so within the time specified in the order.— § 7963. S8 d. (6376.) Sec. 4. The expense of abating and removing the nuisance pursuant to such warrant, shall be collected by the officer in the same manner as damages and costs are collected upon execution, excepting that the materials of any buildings, fences, or other things that may be removed as a nuisance, may be sold by the officer, in like manner as goods are sold on execu- tion for the payment of debts; and the officer may apply the proceeds of such sale to defray the expenses of the removal, and shall pay over the balance thereof, if any, to the defendant, upon demand; and if the proceeds of the sale are not sufficient to defray the said expenses, he shall collect the residue thereof as before provided. — §7964.. 38 e. (6377.) Sec. 5. The circuit court for any county shall have equity jurisdiction in all matters concerning nuisances where there is not a plain, adequate and complete remedy at law' and may grant injunctions to stay or prevent nuisances. §7965.' VACCINATION.— NOTICE OF DANGEROUS COMMUNICABLE DISEASES. 13 not more than one hundred nor leas than twenty dollars, and in default of the payment of such fine shall be imprisoned in the county jail of the proper county not more than ninety nor less than twenty days, in the discretion of the court: Provided, That the provisions of this act shall not apply within the limits of incorporated villages and cities. — §1683. THE PEEVENTION OP SMALL-POX,— FREE VACCINATION. 41. (1736.) Sec. 45. Every township may, at any meeting, ^""^g'^^'^jj make suitable provision for the inoculation of the inhabitants thereof, with the cow-pox, under the direction of the board of health or the health officer of the township, and they shall raise all necessary sums of money to defray the expenses of such inoculation, in the same manner that other township charges are defrayed.— §1677. Act No. 116, Laws o( 1879, entitled " An act to authorize Ijoards of health of cities, villages, and townships to furnish vaccination to the inhabitants thereof." 43. SECTioir 1. The People of the State of Michigan enact, Board oi health That the board of health of each city, village, and township may, fumiA Taocina- at any time, direct its health officer or health physician to offer *''"'• vaccination, with bovine vaccine virus, to every child not pre- viously vaccinated, and to all other persons who have not been vaccinated within the preceding five years, without cost to the persons [person] vaccinated, but at the expense of such city, village, or township, as the case may be. — § 1685. INOCULATING WITH SMALL-POX. 43. (1738.) Sec. 37. If any person shall inoculate any other Penalty for in- person, or inoculate himself, or suffer himself to be inoculated, smaiupoxrex^ with the small-pox, unless at some hospital licensed and author- J|,p' *' ""'*''*" ized by law, he shall, for each offense, forfeit a sum not exceeding two hundred dollars. — §1669. NOTICES BY HOUSEHOLDERS AND PHYSICIANS, OF DISEASES DANGEROUS TO PUBLIC HEALTH. 44. (1734.) Sec. 43. Whenever any householder, hotelkeeperj who to give keeper of a boarding house or tenant shall know, or shall be at8ea8e°*etc. informed by a physician, or shall have reason to believe that any person in his family, hotel, boarding house or premises is taken sick with small-pox, cholera, diphtheria, scarlet fever, or any other disease dangerous to the public health, he shall immedi- ately give notice in writing thereof to the health officer, the president, or the clerk of the board of health of the township, city or village in which he resides. Said notice shall state the name of the person sick, the name of the disease, if known, the name of the householder, hotelkeeper, keeper of boarding house or tenant giving the notice, and shall, by street and num- ber, or otherwise, sufficiently designate the house in which he 14 PUBLIC-HEALTH LAWS OF MICHIGAN. Penalty for neglect, etc. DutleB of physicians In relation to. Notice to be given by What notice to contain. Penalty for neglect. Proviso. Compensation. resides or the room in whioH the sick person may be ; and if he shall refuse or willfully neglect immediately to give such notice, he shall be deemed guilty of a misdemeanor, and upon conviction thereof he shall be punished by a fine of not exceeding one hundred dollars and the costs of prosecution ; or, in default of payment thereof, by imprisonment not exceeding ninety days in the county jail, in the discretion of the court :* Provided, That such fine or imprisonment shall not be enforced if a physician in attendance has given to the health officer or other officer here- inbefore mentioned an immediate notice of said sick person and true name of the disease, in accordance with the requirements of this section. — § 1675. — As amended ly Act 37, Laws of 1889. 45. (1735.) 8bc. 44. Whenever any physician shall know that any person whom he is called to visit, or who is brought to him for examination, is infected with small-pox, cholera, diph- theria, scarlet fever, or any other diseaue dangerous to the public health, he shall immediately give notice thereof to the health officer, the president, or the clerk of the board of health of the township, city, or village in which the sick person may be; and to the householder, hotelkeeper, keeper of a boarding house, or tenant within whose house or rooms the sick person may be. The notice to the officer of the board of health shall state the name of the disease, the name, age, and sex of the person sick ; also the name of the physician giving the notice ; and shall by street and number, or otherwise, stifficiently designate the house or room in which said sick person may be. And every physician and person acting as a physician, who shall refuse or neglect immediately to give such notice, shall forfeit for each such offense a sum not less than fifty nor more than one hundred dol- lars : * Provided, That this penalty shall not be enforced against a physician if another physician in attendance has given to the health officer, or other officer, hereinbefore mentioned, an imme- diate notice of said sick person, and the true name of the disease, in accordance with the requirements of this section. — § 1676. — As amended ly Act 11 of 1883. 46. Sbo. 50. f [52.] Eor each complete notice in writing to an officer of the board of health, in full compliance with the preceding section, requiring from physicians, or other person, notices of diseases dangerous to the public health, the physician who gave the notice shall Ise entitled, on duly certifying that each notice was correct, and when the bill has been duly audited by the board of health, to receive from the township, city, or village, in which the notice was given, the sum of ten cents.— Added ly Act 11 of 1883. *8iiperviBorB must prosecute for all forfeitures incurred under 8§ 1675 and 1676 ■ all townstip officers must give notice to S>npervisor3,-8ee §§8439, 8440 and 8441, HoweU's Annotated Statutes, printed, near the close of this compilation. Health ifficera of ?«™®^ f "^sTlLl^g-®^ ",V,^' notify prosecuting attorney of all violations of 8 § 1675 and 1676,-see 8 1684 Howell's Annotated Statutes (See. 47 of this compilation). The nrose- g^ cl.^o'-^""^?,.™'?^' P!°!*5"-,l? V^\ ^1} such forfeitures incurred with n his oountv Seie. § 8443 Howell's Annotated Statutes (near the close of this compilation) ''O"'^'^*' + Sec. 50 was added by Act No. 11, Laws of 1883. Act No. 883, Laws of 1879 adrlBd two sections (39 and 40 of this Compilation) to this chapter to stand as SeosfBO'and 51 • hence the section added in 1883 should have been numbered 53. • DUTIES OF HEALTH OFFICERS. 15 HEALTH OFFICER OF CtTY AND OF VILLAGE TO NOTIFY PROSECUTING ATTORNEY OF A FAILURE TO REPORT A DANGEROUS DISEASE. Act No. 157, Laws of 1879, entitled " An act relative to the duties of health offloers in [of] cities and villages." 47. SEpTiOK 1. The People of the State of Michigan enact, fanom^mle- That it shall be the duty of the health officer of each village and cunng attorney respecting sources of danger of any such diseased person or infected article being brought into pr taken out of the township, city, or Tillage of which he is the health oflBcer.* 49. Sec. 2. In the absence of regulations conflicting there- with, made and published by the local board of health, and still remaining in force, the provisions of section one of this act shall have the force of regulations made and published by the local board of health; and whoever shall knowingly violate the pro- visions of section one of this act, or the orders of the health oflB- cer made in accordance therewith, shall be deemed guilty of a misdemeanor, and upon conviction thereof he shall be punished by a fine not exceeding one hundred dollars, and the costs of prosecution, or in default of payment thereof, by imprisonment not exceeding ninety days in the county jail, in the discretion of the court. — As amended ly Act 34, Laws of 1889. 50. Sec. 3. In the fulfillment of the requirements of this act, the health oflBcer, unless other provision shall have been made in accordance with law, shall be entitled to receive from the township, city, or village of which he is health oflBcer, compen- sation at the rate of not leas than two (a) dollars per day : Pro- vided, That this section shall not be construed to conflict with any action by the local board of .health, under section sixteen hundred and ninety-three, of the compiled laws of eighteen hun- dred and seventy-one, as amended by act number two hundred and two, of the laws of eighteen hundred and eighty-one. Penalty for violation. Compensation of bealth officer. Proviso. HOSPITALS MAY BE ESTABLISHED FOR PERSONS INFECTED WITH SMALL- ' POX OK OTHER DANGEROUS DISEASE. Sc'eptiono?' 51./ (1726.) Sec._35. The inhabitants of any township may persons having establish within their township and be constantly provided with smaii-poz, etc. ^^g ^j. ^^^^ hospitals for the reception of persons having the small-pox, or other disease which may be dangerous to the public health.— § 1667. HOSPITALS TO BE CONTROLLED BY BOARD OF HEALTH. + K^b^r^egu-'- J*'^' (^'^^^•) Sec. 36. All such hospitals shall be subject to lated, etc. the Orders and regulations of the board of health, or a committee appointed by such board for that purpose; but no such hospital shall be established within one hundred rods of any inhabited dwelling-house situated in an adjoining township, without the consent of such adjoining township. — § 1668, J^Ti^S^''&'^'m^o^&Z^)^''''°'^'''''^^^''' °"«"' '^ - ^ P™"''!'"^ page, foTtwecttov Ih i^^^l^- •^■''°- ^1- ^hen any hospital shall be so estab- reguiatione of 1181160, the physiciau attending the same, the persons inoculated board, etc. ~ _- —^ ! Fi^f^*"" '^'Jf?*|9*?«*"fe'^06':, see See. 8, Act 81 of 1873, Sec. 8 of this oomollation tlo'iiMraK*lS^l<^'°- '' °' *"^ compilation), privldes a p'^n'llTfSi'fc HOSPITALS.— REMOVALS— RESTRICTION OF DISEASES. 17 or sick thereiiij the nurses, attendants, and all persons who shall approach or come within the limits of the same, and all such furniture and other articles as shall be used or brought there, shall be subject to such regulations as .shall be made by the board of health, or of the committee appointed for that purpose. — § 1670. BOARD OF HEALTH MUST PROVIDE HOSPITAL ON OUTBREAK OP SMALL-POX OR OTHER DANaEKOUS DISEASE. 54. (1730.) Sec. 39. When the small-poz or any other dis-^i»en board of ease dangerous to the public health shall break out in any town-' vwe hoBpSai." ship, the board of health shall immediately provide such hos- pital, or place of reception for the sick and infected, as they shall judge best for their accommodation and the safety of the inhab- itants; and such' hospitals and places of reception shall be sub- ject to the regulations of the board of health, in the same man- ner as hereinbefore provided for established hospitals. — § 1671. REMOVAL OP INPECTED PERSONS TO HOSPITALS. 55. (1731.) Sec. 40. The board of health shall cause such wien infected sick or infected persons to be removed to such hospitals or places Temove&to " of reception, unless the condition of the sick person be such as low"*'- «'<=■ not to admit of removal without danger to life; in which case the house or place where the siqk shall remain shall be considered as a hospital to every purpose before mentioned, and all persons residing in or in any way concerned with the same, shall be sub- ject to the regulations of the board of health, as before provided. — § 1672. CARE TO PREVENT SPREADING INFECTION— NOTICE OF INPECTED PLACES. ,56. (1733.) Sec. 41. When the small-pox, or any other disease Board to pre- dangerous to the public health, is found to exist in any town- of a'anglroSs*"* ship, the board of health shall use all possible care to prevent disease. the spreading of the infection, and to give public notice of infected places to travelers, by such means as in their judgment shall be most effectual for the common safety. — § 1673. HOSPITAL REGULATIONS, PENALTY FOR VI0LATIN&. 57. ( 1733.) Sec. 42. If any physician or other person in any penalty for of the hospitals or places of reception before mentioned, or who Jeguiatimsof shall attend, approach, or be concerned with the same, shall Hospitals. violate any of the regulations lawfully made in relation thereto, either with respect to himself, or his or any other person's prop- erty, the person so offending shall for each offense, forfeit a sum not less than ten nor more than one hundred dollars. — § 1674. PERMIT FOR REMOVAL OF SICK PERSONS OR INPECTED ARTICLES. 58. ( 1705.) Sec. 14. The board of health may grant permits Board may for the removal of any nuisance, infected article, or sick person SnSecte™"^"' n 'articles, etc. 18 PUBLIC-HEALTH LAWS OF MICHIGAN. within the limits of their township, when they shall think it safe and proper so to do. — § 1646. REMOVAL AND CARE OF INFECTED PERSONS. / Board to make 59. (1706.) Sec. 15. When any person coming from abroad prevent'spread Or residing in any township within this State, shall be infected, etc™""'"'"''' o^ shall lately before have been infected, with the small-pox, or other sickness dangerous to the public health, the board of health of the township where such person may be shall make effectual provision in the manner in which they shall judge best for the safety of the inhabitants, by removing such sick or infected per- son to a separate house, if it can be done without danger to his health, and by providing nurses and other assistance and neces- saries, which shall be at the charge of the person himself, his parents, or other person who may be liable for his support, if able; otherwise, at the charge of the county to which he be- longs.*— § 1647. 60. (1W7.) Sec. 16. If any such infected person cannot be removed without danger to his health, the board of health shall make provision for him as directed in the preceding section, in the house in which he may be, and in such case they may cause the persons in the neighborhood to be removed, and may take such other measures as they may deem necessary for the safety of the inhabitants. — § 1648. Provision In case Infected persona cannot be removed. Board may re< strain travelers coming from in- fected districts. INSPECTION AND RESTRAINT OF TRAVELERS PROM INFECTED DISTRICTS, f 61. (1708.) Sec. 17. The board of health of any township near to or bordering upon either of the neighboring States, may appoint, by writing under their hands, suitable persons to attend any places by which travelers may pass from infected places in other States; and the persons so appointed may examine such passengers as they may suspect of bringing with them any infec- tion which may be dangerous to the public health, and, if need be, may restrain them from traveling until licensed thereto by the board of health of the township to which such persons may come ; and any person coming from such infected place, who shall, without license as aforesaid, travel within this State, unless it be to travel by the most direct way to the State from iT.* '"S®" "■?! expenses Incurred under this section are chargeable to the rmintv nnrt the aiiiount due has been ascertained and fixed bv the boarrt ^ tfopith « ". place, for deceased soldiers, sailors and marines, who have served in the army of the United States in the late war of the rebellion. 100. Sec. 3. The title to such lots in any such cemeteries Titie, in wtom shall be vested in such county or in such incorporated post of the ^^''°'^- Grand Army of the Republic, as the board of supervisors may designate, such title to be held by such post of the Grand Army of the Republic, and the title to such lots in any such cemeteries shall revert to the county when such post of the Grand Army of the Republic shall cease to be a legal corporation. Act 155, Laws of 1887, entitled, " An act to incorporate the Grand Army of the Re- public, Department of Michigan, and subordinate posts of the Grand Army of the Republic." The last part of Sec. 7 of this act is aS follows : 101. And any such corporation organized under this act may May acquire ^ take, purchase, hold and own suitable lots or parcels of ground " ' ' as may be convenient for the purposes of a cemetery, and make all lawful rules and regulations for the disposition of lots therein and the burial of the dead : Provided, This act shall not be con- Proviso. strued t'P''OT'so- may join with any public corporation in the creation of any such cemptery, or division pf any existing cemetery, but in case of such joint agreement, such cemetery, after the dissolution of the said corporation, shall revert to and become the property of, or subject to the control of, any such public corporation, to be maintained by it in perpetuity as a distinct Grand Army division of such cemetery. USE OP FIRE-ARMS IN CEMETERIES— ENTERING CEMETERIES. From same Act,— No. 13, Laws of 1869. 102. (3421.) Sec. 14 No person shall use fire-arms upon the ,u^8^e^°J *|e.arm8 grounds of any cemetery owned and inclosed by any such coTpo- ration, nor hunt game therein. No person shall enter into such inclosed cemetery by climbing or leaping over or through any fence or wall around the same, nor direct or cause any animal to enter therein in any such manner. Any person offending against Penalty, any of the provisions of this section shall be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding three months, or by both, in the discretion of the court. — As amended ly Act 2 18 of 1875.—% 4776; ENLARGING CEMETERIES. From Act No. 12, Laws of 1869, entitled, "An act to authorize and encourage the I formation of corporations to establish rural cemeteries, and to provide for the care and maintenance thereof." 30 PUBLIC-HEALTH LAWS OF MICHIGAN. Belatlve to enlarging tlie llmltB of cemetery. Application to circuit judge for Jury to deter- mine compen- sation, etc. 103. Sec. 17. Whenever the board of directors of said corporation, the board of health of any township, or the com- mon council, board of health, or board of trustees, of any city or village sliall deem it to be desirable and necessary to enlarge the limits of any cemetery which has been or may be hereafter estab- lished in the manner provided by law, and such board of direct- ors, board of health, board of trustees, or common council shall be unable to agree with the owner or owners of the land which such board of directors, board of health, board of trustees, or common council desire to include within the limits of the ceme- tery to be enlarged, as to the compensation to be paid therefor, or in case such board of directors, board of health, board of trustees, or common council shall, by reason of any imperfec- tion in the title to said land, arising either from a break in the chain of title, tax sale, mortgages, levies, or any other cause be unable to procure a perfect, unencumbered title in fee simple to said land, such board of directors, board of health, board of trustees, or common council shall authorize one or more of its members to apply to the circuit judge in whose circuit such cemetery shall be situated, for a jury to ascertain and determine the just compensation to be made for the real estate required by such cemetery, and the necessity for using the same, which ap- plication shall be in writing, and shall describe the real estate desired for enlarging such cemetery as accurately as is required in a conveyance of real estate. — Added by act 219 of 1875, — § 4778. VACATING CEMETERIES IN CITIES AND VILLAGES. Circuit court In chancery may vacate ceme- teries. Be-lnterment. From Act No. 164, Laws ot 1871, entitled, " An act to provide for vacating cemetery plats and cemetery gronnds In tlie limits of incorporated cities and villages." 104. (3433.) Section 1. The People of the State of Michigan enact. That whenever the trustees of any incorporated village, or the common council of any city, shall, by resolution adopted by them, determine that the dead bodies buried in any public ceme- tery located in such city or village should be removed therefrom, for the reason that such cemetery shall have become commons, or shall impede the growth of any such city or village, or shall endanger the health of the people living in the immediate vicinity thereof, the circuit court in chancery of the county in which such cemetery is located is hereby authorized to vacate the same, or any part thereof, on petition made to such court as hereinafter provided. — § 47^0. 105. (3436.) Sec. 4. That when any cemetery shall be vacated as provided in this act, the said trusteed, or common council shall cause all the dead bodies and remains buried in such ceme- tery to be re-interred in the cemetery of such city or village if they have one, and if not, then in some suitable cemetery not more than six miles from the nearest corporate limits of said city or village, in a prudent, careful, and respectful manner and shall cause to be removed and again erected over the proper remains, all permanent fences around graves tod lots all tomb- SALE OF CEMETERIES.— FORWARDING BODIES FOR DISSECTION. 31 stones and monuments, with as little injury as the case will admit : Provided, That no removal of said bodies and remains Proviso. Bhall be made during the months of June, July, August, or Sep- tember. Such removal, and the costs of the proceedings under Expenses, this act shall be at the expense of and paid by the city or village in which such cemetery is located. — § 4793. SALE OP CEMETERIES AND OTHER REAL ESTATE BT BOARDS OP HEALTH. Act No. 315, Laws of 1861, entitled, " An act to authorize boards of tiealth to dispose of real estate," as amended by Act No. 152, Laws of 1877. 106. (1741.) Section 1. The People of the State of Michigan ^l^^^^^^^^^^ ^nact, That any board of health of this State may sell and con- of health. vey any real estate, the fee of which is vested in them : Provided, That no real estate shall be sold by virtue of this act which is or has been in actual use as a cemetery or burial ground, unless the same shall be sold by an order of the circuit court upon the petition of the board of health of the township in which the burial ground is situated. — As amended iy Act 152 of 1877, — § 1687. FORWARDING DEAD BODIES FOR DISSECTION. Act No. 186, Laws of 1867, entitled, "An act to authorize dissection in certain cases, for the advancement of science," as amended by Acts No. 113 of 1871, 138 of 1875, 16 of 1881, and 83 of 1885. 107. .(2110.) Section 1. Any member of either of the follow- ceitain hoards . 1 } 1 • .1 • li ■ -t on and Officers to mg boards, and any of the following named officers or persons, deliver certain to wit : The board of health of any city, village, or township, the dem»nstoltor of common council of any city, board of trustees of any village, nn*^e?8^ty' "^* any board, or oflBcer having the direction, management, charge, or control in whole, or in part, of any prison, house of correc- tion, work-house, jail, or look-up, founded or suppo^^ted in whole or in part at public expense, having in his or their possession or control, the dead body of any person not claimed by any relative or legal representative, or the county superintendent of the poor, keepers of poor-houses and alms-houses, any physician qr other person in charge of any poor-house or alms-house or char- itable institution, sheriff or coroners, having in his or their pos- session or control the dead body of any person not claimed by any relative, personal friend, or legal representative, as herein- after provided, and which may be required to be buried at public expense, or the expense of any one of such public institutions, or the dead body of any convict who died in prison under sentence for murder or attempt to murder, shall deliver such dead body or bodies within thirty-six hours aftjer death, or after he or they shall become possessed thereof, to the express or railway company Mode of at the nearest railway station, placed in a plain coiHn, and en- sending. closed in a strong box, securely fastened, and plainly directed to the " Demonstrator of Anatomy, of the University of Michigan, Ann Arbor, Michigan," excepting only the dead bodies of such persons as shall have died from some infectious disease. And ^o„"°|ne°e, etc. such boards, common councils, officers, or other persons making 33 PUBLIC-HEALTH LAWS OF MICHIGAN. Amount to ^e paid lor body. Proviso. such shipment, shall take the usual shipping receipt for such package, and shall notify the consignee of such shipment, by letter, mailed on the day the package is so delivered as aforesaid, and shall also enclose in such letter, a statement giving, as nearly as can be ascertained, the name, age, residence, and cause of death of such deceased person, and the name and postoflSce address of the known relative or relatives of such deceased per- son, whose body has been shipped as aforesaid ; and also a state- ment of the costs and expenses which have been incurred in the procuring of the coffin, box, preparation of the body for ship- ment, and shipping the same, and upon the receipt of said con- signment, the said demonstrator of anatomy of the University of Michigan, shall immediately forward to such officer, board, council, or institution or person, or persons making such ship- ment, or incurring such expenses, the amount thereof, not ex- ceeding in any case the sum of fifteen dollars: Provided, Such dead body shall not be so shipped or delivered as aforesaid, if it shall be requested in good faith, for interment, by any relative before the same shall be shipped as aforesaid ; and in case the dead body of any person so delivered or shipped as aforesaid, be subsequently claimed or demanded of said demonstrator of an- atomy, or of any other person or institution, into whose posses- sion, or under whose control it may have been placed, by virtue of the provisions of this law, by any relative or legal representa- tive of such deceased person, for private interment, it shall be given up to such claimant, even after the same shall have been interred as hereinafter provided. Such bodies shall be used only for the purposes hereinafter mentioned, and shall then, in all cases, be interred in some suitable place kept for that purpose, and a correct record shall be kept of every such body; and all matters by which such body may be identified, coming to the knowledge of the person or officer at any time in charge of such bodies, shall be faithfully recorded at length in a book to be kept for such purposes, to the end that the same may be at any time traced and recovered by the friends and relatives of such deceased person. And provided further, That the institution, board, council, officer, or person aforesaid, in charge of any such body as aforesaid, shall, immediately after the death of such person, notify, if possible, by telegraph, or otherwise by letter, one or more of the nearest known relatives of such deceased person, of the death of such person ; and in no case shall the body of any such deceased person be delivered or shipped as aforesaid, until after the expiration of twenty-four hours from death. And every individual, , officer, or party violating any of the provisions of this section, shall be deemed guilty of a misdemeanor. — § 2284.— As amended ly Act 83, Laws of 1885.* How bodies to be used and disposed of. Becord of matters for identity. Proviso, notice to relatives. Penalty for violation of act. * Relative to this act the attorney general wrote as follows :-[At foot of page 83.] FORWARDING DEAD BODIES FOR DISSECTION. 33 108. (3111.) Sec. 2. The bodies so delivered, or shipped as how boaies to aforesaid, shall be used for the advancement of anatomical sci- dfstribatedf ence in this State and in the following institutions of learning only, viz. : The university of Michigan, Detroit medical col- lege, and Michigan college of medicine. And said bodies shall be distributed to and among the same equitably, and in the order in which they are received, and the number assigned to each by said demonstrator of anatomy shall be proportional to that of its students in actual attendance. And each of said institutions shall pay quarterly to said demonstrator its ratable proportion of the expenses borne and incurred under this act : i Provided, however, That said demonstrator of anatomy, upon Bodies to ue the receipt of every body, under and by virtue of the provisions «™''»>"8*- of this act, shall cause the same to be embalmed or put in a state of preservation, and shall not permit the same to be delivered to either of said institutions for the purpose of dissection, until the same shall have been in his possession at least ten days. And it Notice to shall be the duty of said demonstrator of anatomy, upon the ""* ^*°' receipt of every body, to immediately notify the relatives of such deceased person, if known, of the receipt of such body, either by mail or telegraph, as he may deem best, and that said body will be preserved intact, for the space of ten days; in which time such relative will be entitled to said body for the purpose of private interment, upon payment of the expenses already incurred. And if the relatives or legal representatives of such deceased J^uvered'to person shall request said body for the purpose of interment, and relatives. shall pay said expenses, said demonstrator shall deliver to such relative or legal representative, the said body, together with the said coffin and box enclosing the same. But in case said body shall not be requested by such relatives until after the same shall have been applied to the purposes intended, the remains thereof, together with the coffin and box aforesaid, shall be delivered without charge: Provided, That the university of Michigan, Proviso. Detroit medical college, and Michigan college of medicine afore- said, and each and every other medical institution shall not receive into their possession any bodies procured in this State other than those provided for by the provisions of this act, and every individual or party violating this provision shall be deemed guilty of a misdemeanor. — As amended by Act l6 of 1881. — 1 2285. Footnote continued from page Z%:— STATE OF MICHIGAN, 1 AlTOBNET GcENBBAL'S OrFICE, > Lansing, April l, 1890. ) To the Hon. Board of Regents of the Vninersitv of SHchlgan, Ann Arbor, Mich. GentIiEMEn;— In reply to your coinmiinica.tlon asking for a oonstraction of Act No" 188, of the Session Laws of 1876, as subsequently amended, permit me to say that in my opinion it is the duty of the board and officers named in said act, to deliver the bodies therein specifled f or shipment,to the Demonstrator of Anatomy, of the Univer- sity of Michigan, in all cases, unless the body shall be requested by a relative or legal representative in good faith for burial at primate expense. No request for burial at public expense or at the expense of the Ir^titution from which tne body is shipped, should prevent the shipment. Very truly yours, B. W. HirSTON, Attorney OeneraZ, 34 PUBLIC-HEALTH LAWS OF MICHIGAN. be Bold to be taken out of State, etc. Penalty for violating pro* Tlslona of act. Bodies must not 109. (3112.) Sec. 3. No such dead body shall be sold or """"'■"" "" delivered to any person to be taken out of the State, nor shall any such dead body be shipped to any person or place out of the State, or be used within the State for any purpose except for the prosecution of anatomical science. Any person violating any of the provisions of this act shall be punished by a fine of not less than fifty, or more than one hundred dollars, or by imprison- ment in the county jail not less than one or more than three months, or by both such fine and imprisonment, at the discre- tion of the court.— ^s amended ly Act 138 of 1875.—% 2286. penniBsionto HQ. (2113.) Sec. 4. Any practicing physiciau or surgcou of this State, or any medical student under the authority of such physician or surgeon, may have in his possession human dead bodies, or the parts thereof, laMffully obtained, for the purposes of anatomical inquiry or dissection. — § 2387. DUTIES or LOCAL BOABDS OF HEAI/DH CONCERNING DISEASES Or ANIMALS. The duties of all local boards of health to Immediately investigate reported conta- gions or infections diseases in domestic animals, and to establish temporary qnaran- tlne are specified in Section 211, Chapter V., of this compilation. III.— CITIES AND VILLAGES: SANITARY PROVISIONS IN THE GENERAL LAWS FOR THEIR INCORPORATION.* Powera and autborlty, and exercise thereof. To abate uulaances. CITIES. From Act No. 178, Laws of 1873, ehtitled "An act for the incorporation of cities." TROM CHAPTER XI.— GENERAL POWERS OP CITY CORPOBATIONS.t 111. Seotion 1. Every city incorporated under the pro- visions of this act, shall, in addition to such other powers as are herein conferred, have the general powers and authority in this chapter mentioned ; and the council may pass such ordinances in relation thereto, and for the exercise of the same, as they may deem proper, viz. : ****** iti^ili Third, To prevent injury or annoyance from anything danger- ous, offensive, or unhealthy; to prohibit and remove anything tending to cause or promote disease ; to prevent and abate nuis- ances, and to punish those occasioning^ them, or neglectingr or * On incorporation of cities and villages under general laws, see Shumwmi v. Ben- nett, 29 Mich., 451. See note on city and village corporations, pages 48-49. + To make these powers efEectnal, appropriate ordinances providing for and regu- lating their exercise must be enacted.— Jootaon v. People, 9 Mich 111 121 Where a general power to legislate over a subject Is given to a subordinate political corpora- tion, its legislation must conform as far as practicable to the legislation of the State upon the same subject matter No new and extraordinary remedies unknown to the legislation of the State, or tothecominon law, can be provided for the suppression oran evil unless the authority to provide such remedies is expressly eiven and all ordinances and by-laws must be reasonable.— Welcft v. Stowell, 2 Douff ^S See Slaughter v. People, 2 Doug., 334, note. And where the statute speoiflcally enumerates various powers which the council may render effectual by means of penal pFosecu- Mr^1!%AH^y^?m^lfCni.'' '" " '""'^"'^ " ''' '""""''''' impllSor SANITARY PROVISIONS IN LAWS FOR CERTAIN CITIES. 35 refusing to abate, discontinue, or remove the same ; and generally to determine and declare what shall be deemed nuisances.* Seventh, To regulate, prolibit, and suppress ale, beer, and aie.Se"^etc. porter houses, and all places of resort for tippling and intemper- ance, and to punish the keepers thereof, and all persons assisting in carrying on the business thereof ; and to require all such places to be closed on the Sabbath day, and upon such other days and during such hours of every night as the council shall prescribef ; Eighth, To prohibit and prevent the selling or giving of any J°iP''^^™'j spirituous, fermented, or intoxicating liquors to any drunkard iiquors to or intemperate person, minor, or apprentice, and to punish any ""'"o"' ''•=• person so doing; > Eighteenth, To provide for and regulate the inspection of J^Jp^,^'"''' °* meats, poultry, fish, butter, cheese, lard, vegetables, flour, meat, provisions. and other provisions ; ■^ SJC y/L flf! ^ !(! ifC TfC "I! Twenty-second, To regulate the construction, repair, and use vamts, cistema, of vaults, cisterns, areas, hydrants, pumps, sewers, and gutters; Twenty-fifth, To provide for clearing the rivers, ponds, and p °,ft"o|"* streams of the city, and the races connected therewith, of all streams, etc. drift-wood and noxious matter ; to prohibit and prevent the de- positingtherein of any filth or other matter tending to render the waters thereof impure, unwholesome, and offensive ; Twenty-sixth, To compel the owner or occupant of any gro- Relative to eery, tallow-chandler shop, soap or candle factory, butcher shop andoflens??! or stall, slaughter-house, stable, barn, privy, sewer, or other p'*"*'' offensive, nauseous, or unwholesome place.or house, to cleanse, remove, or abate the same whenever th^ council shall deem it necessary for the health, comfort, or convenience of the inhabit- ants of said city ; Twenty-seventh, To regulate the keeping, selling, and using Keeping and of gunpowder, fire-crackers and fire-works, and other combus- powdfrfefc!" tible materials, and the exhibition of fire-works, and the dis- * Obetruotions In streets are not necessarily nuisances. Whether they are so or not la a question of fact.— People u. Corpereter, 1 Mich., 273, 289, 290. To make an obstruction in a street an indictable offense, it must injuriously afCect some public Tight, some right or use in which the public at large have a common interest as dis- tinguished from a mere Individual or private right. If It affects the rights of an individual or of the adjacent owners only, they have their remedy by private action and not by indictment.— People c. .Toclcsora, 7 Mich., 433; MesSersmidf o. People, 16 Mich., 437. As to nuisances, declaring what shall be deemed such, their abatement and punish- ment, see Welch v. Stowell, S Doug., 332. Declaring a thing to be a nuisance does not make it so, if It la not a nuisance in fact.— Horn v. People, 26 Mich., 221, 226; - causing such nuisance, and the owner or occupant of any lot or premises upon or in which any such nuisance or cause of disease may be found, to remove or abate the same, upon such notice, and within such time, and in such manner as the council may by ordinance or resolution direct, f — §3573, 117. Sec. 3, If any cellar, vault, lot, sewer, drain, place, or Cleaning or premises within the city shall be damp, unwholesome, offensive, unwhoifsome or filthy, or be covered during any portion of the year with stag- ^^^''^• nant or impure watei-, or shall be in such condition as to pro- duce unwholesome or offensive exhalations, the council may cause the same to be drained, filled up, cleaned, amended, or purified ; or may require the owner, or occupant, or person in charge of such lot, premises, or place, to perform such duty; and may require the owner or occupant of any building, fence or Removal of structure which may be ruinous, or liable to fall and injure per- at*raotu°rB. sons or property, to pull down or remove the same ; or the coun- cil may. cause the same to be done by the proper officers of the city.— § 3574. 118. Sec. 4. If any person, corporation, or company shall collection of neglect to remove or abate any nuisance, or to perform any re- removals.'efcc., quirement made by or in accordance with any ordinance or reso- of MgleS."*''' Intion of the council, or by the board of health of the city, for the protection of the health of the inhabitants, and if any ex- pense shall be incurred by the city in removing or abating such nuisance, or in causing such duty or requirement to be per- formed, such expense may be recovered by the city in an action of debt or assumpsit against such person, corporation, or com- pany. And in all cases where the city shall incur any expense for draining, filling, cleansing or purifying any lot, place, or premises, or for removing any unsafe building or structure, or for removing or abating any nuisance found upon any such * See Sec. 6 of this chapter ; also, on hospitals, and removal of infected persons, §91867-1674, 1647 and 1648, Howell's Statutes ; Sees. 43, 51-57, and 59 and 60 of this com- pilation. t On abatement of nuisances see Sees. 22-35 of this compilation, and notes, pp. 8-11. 38 PUBLIC-HEALTH LAWS OF MICHIGAN. Assignment of location for carrying on offensive or dangerous business. EstabllsliiQent of hospitals and detention of persons having contagious Council vested with powers as boards of health. Establishment of boards of health and their authority. lot or premises, the council may, in addition to all other remedies provided for the recovery of such expense, charge the same or such part thereof as they shall deem proper, upon the lot or premises upon or on account of which such expense was incurred, or from which such nuisance was removed or abated,, and cause the same to be assessed upon such lot or premises and collected as a special assessment. — § 3575. 11 9. Sec. 5. The council, when they shall deem it necessary, may from time to time assign, by ordinance, certain places within the city for the exercising of any trade or employment offensive to the inhabitants or dangerous to the public health ; and may forbid the exercise thereof in places not so assigned ; and may change or revoke such assignments at pleasure ; and whenever a business carried on in any place so assigned, or in any other place in the city, shall become hurtful and dangerous to the health of the neighborhood, the council may prohibit the fur- ther exercise of such business or employment at such place.* — § 2576. 120. Sec. 6. The council may purchase the necessary lands, and erect thereon, or otherwise provide, one or more hospitals, either within or without the* city limits, and provide for the appointment of the necessary oflBoers, attendants or employes, for the care and management thereof, and for the care and treat- ment therein of such sick and diseased persons as to the council or board of health of the city shall seem proper ; and, by direc- tion of the council or board of health, persons having any malignant, infectious, or contagious disease, may be removed to such hospital, and there detained and treated, when the public safety may so require ; and the council may provide such restraints and punishments as may be necessary to prevent any such per- son from departing from such hospital until duly discharged, f — § 2-577. 121. Sec. 7. The council of any city incorporated under this act shall also have and exercise within and for the city, all the powers and authority conferred upon boards of health by chapter forty-six of the compiled laws of eighteen hundred and seventy- one, so far as the same are applicable and consistent with this^ act ; and they may enact such ordinance as may be proper for regulating the proceedings and mode of exercising such powers and authority.]:— § 2578. 123. Sec. 8. The council when deemed necessary may estab- lish a board of health for the city, and appoint the necessary officers thereof, and provide rules for its government, and invest it with such power and authority as may be necessary for the protection and preservation of the health of the city; and in addition thereto the board shall have and exercise all the powers * See also §61678-1680, Howell's Statutes; (36-38 of this compilation). t See also 98 1667-1674, 1647 and 1648, Howell's Statutes ; also section 8 of ohacter XX. of this act, p. 40; and section 1 of this chapter. . »- t '" " ■■ - g_3^ and People SANITARY PROVISIONS IN LAWS FOR CERTAIN CITIES. 39 and authority conferred on boards of health by the chapter of the compiled laws referred to in the preceding section, so far as they may be exercised consistently with the provisions of this act. And the council may prescribe penalties for the violation of any lawful order, rule, or regulation made by the board of health or any of&cers thereof. — § 2579. PROM CHAPTER XV.— CEMETERIES.*— Poge 308, Laws Of 1873. 123. Sectiost 1. Any city may acquire, hold, and own such Acquisition and I IT 1 • 1 1 1 -ii -j-i • -i-i. regulation as to cemetery or public burial place or places, either withm or with- interments, etc. ^ out the limits of the corporation, as in the opinion of the council shall be necessary for the public welfare and suitable for the convenience of the inhabitants. And may prohibit the inter- ment of the dead within the city, or may limit such interments therein to such cemetery or burial place as the council may pre- scribe ; and the council may cause any bodies buried within the city in violation of any rule or ordinance made in respect to such burials, to be taken up and buried elsewhere. — § 2580. FROM CHAPTER XVII.— HARBORS, WHARVES, AND HARBOR-MASTERS.— Poge 321. 124. Sec. 4. The -council shall have authority to provide by ^™^8ionB for ordinance for the preservation of the purity of the waters of any Si'hafbor.'ete" harbor, river> or other waters within the city, and within one-half -of a mile from the corporate boundaries thereof ; to prohibit and punish the casting or depositing therein of any filth, logs, floating matter, or any injurious thing; to control and regulate the And control of anchorage, moorage, and management of all boats, water-craft, vessefef etc., m and floats within the jurisdiction of the city ; to prescribe the ''"'""^• mode and speed of entering and leaving the harbor, and of com- ing to and departing from the docks, wharves, and landings, by boats, water-craft, and floats, and to regulate and prescribe, by such ordinances or through 'a harbor-master or other officer, such location for any boat, craft, vessel, or float, and such changes of station in, and use of the harbor as may be required to promote order therein, and the safety and convenience of all such boats, craft, vessels, and floats ; 3.ni generally t<\ enact and enforce such ordinances and regulations not inconsistent with the laws of the United States and of this State, as in the opinion of the council shall be most conducive to the orderly, safe, and convenient, use and occupancy of the harbor, navigable waters, wharves, docks, piers, and landing places within the city. — § 3594. , FROM CHAPTER XIX.— MARKETS.— Pofiie 314, Laws of 1873. 125. Sec. 2. The council may adopt an^ enforce such rules ft°lfa'et?'*JnS* and regulations as may be necessary to prevent fraud, and to to pre'aetVe preserve order in the markets ; and may authorize the immediate ™*®'" seizure, arrest, and removal from the market, of any person vio- lating its regulations, together with any articles in his or. their possession; and may authorize the seizure and destruction of * See also cemeteries, burial, enlarging, vacating, sale, etc., pp. 27-31; also see Sec. Z, chapter XX., of this act, p. 40. 40 PUBLIC-HEALTH LAWS OF MICHIGAN. tainted or unsound meats, or other provisions exposed for sale therein.— § 2599. Of hospitals, work-houBee, water-works, etc., outside city limits. Establishment and constrac- tlon. FROM CHAPTEK XX.— PUBLIO BUIIjDINGS, GBOUNDS, AND PABK8.— POflB 314. 126. Sec. 2. When the council shall deem it for the public interest, grounds and buildings for city prisons, work-houses, hospitals, pest houses, cemeteries, water-works, and other nec- essary public uses, may be purchased, erected, and maintained beyond the corporate limits of the city* ; and in such cases the council shall have authority to enforce beyond the city limits, and over such lands, buildings, and property, in the same man- ner and to the same extent as if they were situated within the • city, all such ordinances and police regulations as may be necessary for the care and protection thereof, and for the man- agement and control of the persons kept or confined in such prisons, work-houses, or hospitals. — § 2601. CHAPTER XXL— SBWEKS, DRAINS, AND WATER-OOTJRSBS.t- POffe 316, 1873. 127. Sectioit 1. The council of any city may establish, con- struct, and maintain sewers and drains whenever and wherever necessary,:]; and of such dimensions and materials, and under such regulations as they may deem proper for the drainage of the city; and private property, or the use thereof, may be taken therefor in the manner prescribed in this act. for taking such property for *A city may 1)e autliorized to purchase and hold lands heyond its corporate limits for parks and other appropriate city purposes, but such power can he exercised only hy authority and permission from the State. Mayor y. Park ConuniBSloners, 11 Mich., 602. t NOTE TO CHAPTER XXI. The powers granted to construct sewers involve the exercise of discretion on the part of the city authorities, and are to he employed as well for sanitary purposes as for drainage for the benefit of the public at large, and not for the private convenience and advantage of individuals. The city owes no legal duty or obliga- tion to Individuals in the construction of sewers, or in their maintenance or repair;i nor is it under any obligation to provide drainage for their private property. Nor is a city liable for damages arising from the insufloieDcy or defective oonetructloii - of a public sewer, when such damages result directly to the party injured, from ; his use of the same for his private convenience. So held, where a party constructed a private drain from Ms lot to a public sewer, through which the water flowed back and flooded his premises.— Dermont v. Mayor, 4 Mich., 435. But if a sewer is so con- structed as to flood private premises with water, which otherwise would not invade them the act is in the nature of a trespass, and the city is liable for the damage. A city charter cannot give authority to appropriate the freehold of a citizen with- out compensation by flooding it so as to interfere with his possession. — Ashley v. Port Huron, 35 Mich., 296 ; Detroit v. Beckmwn, 34 Mich., 12B, 127. And if a city creates a nuisance by cutting ditches in such a way as to cast and maintain water upon private premises, it will be liable for its continuance.— Pennoyer v. Saginaw, 8 Mich., 534. The construction of sewers Involves considerations different from those pertaining merely to surface draina|;e. They may be constructed for the conven- ience of the inhabitants of a particular locality, and without reference to the iinprovement of the surface or to the protection of health.— T^cwren v. Oramd Haven, 30 Mich., 24, 29. A city's sewers, unlike its streets or highways, are the Drlvate prop- erty of the corporation, in which the outside public have no interest. The power to construct them under the public streets is a special legislative grant to the city for private city purposes, an%mu8t be so exercised as not unnecessarily to interfere with the rights of the public In the streets; and all needful measures must be taken to guard against accidents to persons lawfully using the highway at the time, other- wise the city will be liable for any damages resulting from negligence or want of care in guarding the work during its progress. And the lia,billty is the same, whethei the work is done by contractors or other servants and employes of the city. Detroit u. Corey, 9 Mich., 165. Lot owners adjacent to lands dedicated and used, for the purpose of a public street in a city or village, are not entitled to compensation for the use of the street for the construction of a public sewer.— Warren v. Qrand Haven. 80 Mich., 24. I * See also act No. 23 of 1882 ; Sec. 209 of this compilation. Where it becomes a mat- ter of necessity to obtain an outlet for city drainage, beyond the corporate limits it seems that the power to acquire and maintain it may be Implied, afihoueh not ex- pressly given In the charter.- Ooldtuater v. Tucker, 38 Mich., 474. SANITARY PROVISIONS IN LAWS FOR CERTAIN CITIES. 41 public use. But in all cases where the council shall deem it practicable, such sewers and drains shall be constructed in the public streets and grounds. — § 2603. 128. Sec. 2. If the council shall deem it expedient, they may Bcaraof eewer estabish a board of sewer commissioners for the city, consisting "«»'»sioner8. of not less than three nor more than five persons, to have the management of the sewers and the charge of their construction; and may by ordinance prescribe their powers, compensation, terms of ofl&ce, and duties. -^§ 2604. 1 39. Sec. 3. Whenever it may become necessary in the opin- pian for draia- ion of the council to provide sewerage and drainage for the city °^^' or any part thereof, it shall be their duty to devise or cause a plan of drainage to be devised for the whole city, or for such part thereof as they shall determine. — § 2605. 1 30. Sec. 4. Such plan shall, in the discretion of the council, be Mam sewer formed with the view of the division of the city into main sewer ' ^ ""' districts, each to include one or more main or principal sewers, with the necessary branches and connections ; the districts to be numbered and so arranged as to be as nearly independfent of each other as may be. Plats or diagrams of such plan, when adopted, ^'»'s- 'shall be filed in the office of the city clerk.— § 2606. 131. Sec. 5. Main sewer districts may be subdivided into specjai sewer special sewer districts in such nianner that each special district shall include one or more lateral or branch sewers connecting with a main sewer, and such lands as in the opinion of the council will be benefited by the construction thereof. When deemed necessary, special sewer districts, to include one or more local or branch sew- ers and such lands as in the opinion of the council will be bene- fited by the construction thereof, may be formed of territory not included in any main sewer district. — § 2607. 132. Sec. 6. The council may,, however, provide for main or Trunk sewers. trunk sewers without reference to sewer districts, diagrams or plats of which shall be recorded in the office of the city clerk in the book of sewer records. — § 2608. 133.* Sec. 7. The cost and expenses of establishing and Manner of making any main or trunk sewers, constructed without reference ^rioM kinds to sewer districts, shall be paid out of the general sewer fund. *** sewers. Such part as the council shall determine, being not less than one-sixth of the cost and expense of any main district sewer or of the cost of any lateral, branch, or local sewer constructed within a special sewer district, shall be paid from the general sewer fund, and the remainder of such costs and expenses shall be defrayed by special assessment upon all the taxable lands and *133. It is competent to defray tlie expense of construotiner sewers by special assessments in sewer districts.— TTorren v. Q-rand Haven, 30 Micli., 34. As to appor- tioning the expense according to frontage, see same case. A special sewer assess- ment levied without regard to actual or probable benefits is unlawful. The rule of apportionment adopted, must be one which by legal possibility may be just and equal as between the parties assessed. A rule of apportionment requiring all lots which the council should declare benefited by the sewer, to be assessed in propor- tion to their superficial area, but without regard to the amount of benefits to each, was held not to prescribe a basis of justice or equality, and was therefore invalid.— Ttiamas v. QaM, 35 Mich., 155. See discussion as to the proper manner of assessing, in the same case. 42 PUBLIC-HEALTH LAWS OF MICHIGAN, Diagram and estimate of coBt of sewers to tie buUt. Notice of Inten- tion to con- struct sewers. Determination to construct district sewer declared by resolution. Apportionment of expenses. Becord of plat. Special assess- ments for sewers. Formation of sewer districts on petition. Ordering con- struction of private drains. premises included within the main or special sewer district, as the case may be, in proportion to the estimated benefits accruing to each parcel respectively from the construction of the sewer. Assessments according to benefits as aforesaid shall be made with- out reference to any improvements or buildings upon the lands. g 2609 134. Sec. 8. Before proceeding to the construction of any district sewer, the council shall cause a diagram and plat of the whole sewer district to be made, showing all the streets, public grounds, lands, lots, and subdivisions thereof in the district, and the proposed route and location of the sewer; and the depth, grade, and dimensions thereof, and shall procure an estimate of the cost thereof. And they shall give notice, by publication for at least two weeks, in one of the newspapers of the city, of the intention to construct such sewer, and where said diagram and plat may be found for examination, and of the time when the council will meet arid consider any suggestions and objections that may be made by parties interested with respect to such sewer. — § 2610. 135. Sec. 9. When the council shall determine to construct any such district sewer, they shall so declare by resolution, desig- nating the district and describing by reference to the plg,t and diagram thereof, mentioned in the preceding section, the route and location, grade, and dimensions of the sewer, and shall determine in the same resolution, what part of the estimated expenses of the sewer shall be paid from the general sewer fund, and what part shall be defrayed by special assessment according to benefits; and they shall cause such plat and diagram as adopted to be recorded in the office of the city clerk, in the book of sewer records. — § 2611. 136 * Sec, 10. Special assessments for the construction of sewers shall be made by the board of assessors in the manner pro- vided in this act for making special assessments. — § 2612. 137. Sec. 11. When the owners of a majority of the lands liable to taxation in any sewer district or part of the city which may be constituted a sewer district, shall petition for the con- struction of a sewer therein, the council shall construct a district sewer in such location, and if the lands including the line of such proposed sewer are not within any sewer district, a district shall be formed for that purpose. In other cases sewers shall be constructed in the discretion of the council. — §'2613. 138. Sec, 12. Whenever the council shall deem it necessary for the public health, they may require the owners and occupants of lots and premises to construct private drains therefrom to con- nect with some public sewer or drain, and thereby to drain such * It Is competent to make the apportionment by assessors appointed for that par- pose.— TTorren V. Grand Haven, 30 Mich., 24. As to whether and how the assessors should certify the manner and basis npon which their assessment was made, see the same case. After the apportionment is reported by the assessors, the parties inter- rested or affected thereby must have an opportunity to be heard and to make their objections thereto, if any they have, before the assessment is confirmed, otherwise it cannot be sustained.— TTjomoa v. Gain, 35 Mich., 155. See also notes to 9 1020 of How- ell's Annotated Statutes. SANITARY PROVISIONS IN LAWS FOR CERTAIN CITIES. 43 lots and premises ;' and to keep such private drains in repair and free from obstruction and nuisance ; and if such private Expenses drains are not constructed and maintained according to such "'®''°°'- requirement, the council may cause the work to be done at the expense of such owner or occupant, and the amount of such ex- pense shall be a lien upon the premises drained, and may be col- lected by special assessment to be levied thereon. — § 2614:. 139. Sec. 13. The owners or occupants of lots and premises connection of shall have the right to connect the same, at their own expense, withpubiif''"' by means of private drains, with the public sewers and drains, sewers. under such rules and regulations as the council shall prescribe. — § 2615. 140.* Sec. 14. The council may charge and collect annually owners oi such from persons whose premises are connected by private drains Sn™nuli?ee*^ with the public sewers, such reasonable sum, not exceeding two *''^''^*""'- dollars per year, as they may deeni just, in proportion to the amount of drainage through such private drain ;~ and such charge shall be a lien upon the premises, and may be collected by special assessment thereon, or otherwise. — § 2616. 141. Sec. 15. Such part of the expenses of providing ditches special assess- and improving water-courses as the council shall determine, may ditcnes.'eto. be defrayed by special assessment upon the lands and premises benefited thereby, in proportion to such benefits. — § 261?'. 1 43. Sec. 16. The expenses of repairing public sewers, ditches, rep'a™fn| "nd and water-courses may be paid from the general sewer fund. The reconstructing, expenses of reconstructing public sewers shall be .defrayed in the manner herein prescribed for paying the expenses of the con- struction thereof.—! 2618. 143, Sec. 17. The council may enact such ordinances as may Protection and be necessary for the protection and control of the public drains sewM^e*?.""'" and sewers, and to carry into effect the powers herein conferred in respect to drainage of the city. — § 2619. PROM CHAPTEB XXH.— STREETS AND PUBLIC QROUNDS-t— Page 319, LaWS Of 1873. 144. J — Sectios- 1. The council shall have supervision and ^eTawnlof. control of all public highways, bridges, streets, avenues, alleys, *14U. Chareing individuals for the privilege of connecting private drains with public sewers, does not create any obligation on the part of the city to keep the sewers In repair, or to afford sufloient drainage for their premises, or to pay any damages for injuries resulting from their use of the sewers or from defects therein. The privilege Is a license merely.— Dermont v. Mayor, i Mich., 435. t Chapter XXII. Note.— ObUgatlon to repair, etc.— Bee Detroit v. Blaekeliy, 21 Mieh., 84, and In the previous case of Leoni v. Taylor, 20 Mich., 148, and NUes v. Martin, 4 Mich., 557, it was held that the duty of keeping the public streets and highways in the townships, cities, and villages of the State, In repair, was a duty owing to the public and not to private Individuals, and that such corporations were not, therefore, liable to private parties for Injuries sustained for want of such repairs. Since these decisions were made, the legislature, by Act 264 of 1887 (Sees. 378-382 of this compila- tion) has made.it the duty of these corporations to keep all public highways, streets, bridges, cross-walks, and culverts within their jurisdiction and under their control, 111 good repair and safe for public travel at all times ; and has made them liable In damages to persons sustaining Injuries by reason of non-repair. But this act is held not to apply to sidewalks, and no damages are recoverable under It for injuries occa- sioned l>y defects in them.— Putnam v. Detroit, 45 Mich., 263. . 1 144. The streets ot a city are public highways, designed like all other roads, for the benefit of all persons desiring to travel on them.— Detroit v. Blaokeby, 21 Mich., 84, 106. A highway is one over which all people of the State have a common and equal right to travel, and a general Interest, to keep unobstructed.- People v. Jaekr sok, 7 Mich., 442. A street inclui^s the whole width of the public way.— Breeriort v. 44 PUBLIC-HEALTH LAWS OF MICHIGAN. Obstructions of and encroacli- ments upon streets. Digging in streets for lay- ing of gas- pipes, etc. side-walks, and public grounds within the city, and shall cause the same to be kept in repair, and free from nuisance. — § 3620. STBEET BEGULATIONS. 145.* Sbo. 12. The council shall have power to prohibit and prevent obstructions and incumbrances in, and encroachments upon, the public highways, streets, and alleys of the city, and to remove the same ; and to punish those who shall obstruct, incum- ber, encroach, or maintain any encroachments, upon or in any such highway, street, or alley; and to require all such persons to remove every such obstruction, incumbrance, and encroach- ment.— § 2631. llG.f Sec. 14. The council may regulate the making of all Detroit, Zi Mich. 332. Within the meaning of the statute regulating the use of high- ways (§ 1456 General Statutes, Howell, 1883) •' the traveled part of the road " is that part which Is wrought for traveling, and is not confined merely to the traveled wheel-track.— Daniels v. Clegg, 28 Mich., 33. The fee of the land in the public streets is vested in the county in trust for public use as highways, etc.— Bay County i). Brad- ley, 39 Mich., 163. See also General Statutes, Howell, Chap. 32, p. 405, and notes. All highways are such solely hy municipal law, which may establish, regulate, and abolish them at aU times. All public easements are subject to control or extin- guishment by legislative authority.— ifora v. People, 26 Mich., 221. An alley is not a highway, in the proper sense of the term. It is a way subject to a modified super- vision. It is liable to be used for drainage and other urban service, under city regu- lation, but Is intenaed for the convenience of adjacent property, and not for general use lilLe streets. —Paul v. Detroit, 32 Mich., 108. Control.- The power to control would not authorize the council to grant the exclus- ive use of streets to individuals.— People v. Carpenter, I Mich., 2ft4. Shall cause the same to be kept in repair, etc.- The extent of the duty to repair seems to depend upon the means placed at the command of the city for that purpose.— Dewey V. Detroit, 15 Mich., 307. As to the liability for not repairing, as affected by want of notice, and what will be deemed suf^cieut notice of the repairs needed, see the same case. As to when a city will be liable for damages resulting from the negligence and default of Its contractors in making improvements in the public streets, see Detroit v. Corey, 9 Mich., 165. Sidewalks, repair of, see Marquette v. Clea/ry, 37 Mich., 296. * Until a street or alley has been actually opened to public use, the occupation or obstruction of it cannot be punished under city by-laws.— Jacftson v. People, 9 Mich., Ill, 122; Beeehtr v. People, 38 Mich., 289; See TlUnwm v. People, 12 Mich., 401. The land-owners adjacent to a cul-de-sac, have the right, it seems, to close it. iiUman V. People, 12 Mich., 401. Incumbermg or obstructing a public way, means to place Impediments to travel and passage in the open street, tending to make its use diffi- cult or dangerous. To encroach is to enclose a portion of the street by fences or walks, or to occupy it by buildings.— CJrand Rapids v. Hughes, 15 Mich., 64. Where an alleged encroachment is based upon a claim of right or title to the land, the remedy by the Imposition of penalties is not appropriate while that controversy remains unsettled.— Grand Rapids v. Hughes, 15 Mich., 54; Jackson v. People, 9 Mich., Ill, 122. The title to the premises cannot be tried under city ordinances.— Boberts v. Oottrelkjflle, 25 Mich., 23 ; Horn v. People, 26 Mich., 221; Beecher d. People, 38 Mich., .489. Nor can the city determine for itself, the title, or rights of the public, in the lands covered by the disputed encroachment.— Sfteldon v. Kalamazoo, 24 Mich., 383. In the case of highways, penalties for obstructiug are not recoveiable by indictment. —Pettimer v. People, 20 Mich. 336. Nor has a city such an ownership in its streets as to enable It to maintain ejectment for them.— Grond Baplds v. Whitlesslm, 33 Mich., 109 ; Bwy County v. Bradley ,39 Mich. 163. As to obstructions and encroachments, see alsoOhap. VI., page 403 of Howell's Compilation, and notes; also S 1403. page 410 of same, and note. < if s 1 146. The council cannot delegate to a committee or others the power to grade and S?» m?.'' ■'■^ streets according to their discretion.— Chilson v. Wilson, 38 Mich., f?J;^J ?„SS il®^®°'^*'"«^^*^-^r?'P^^''^ l'^^ streets must be by contract with, or rS«?,%;f TiJ^?^.,°°i«?°''wS'^' ^' '? S°* aState franchise.-iiroi/6ii»v v. Mutual Oas ^"il'E;" ?. ^^f"-' ^*i- ^'i^™ privileges granted by a city to a corporation to use its streets have lapsed, a renewal of them must be upon such terms as the city may choose to impose.-Detr-oit v. DO. B. Co., 37 Mich., 558. The action ofthe council ii designing and providing for public works, and local Improvements, and In prescrib- i^%^t.°H™°'*''' e^te^t'.and p an of such, works and improvements. Is leglllative and discretionary. And it is within the discretion of the council to detefmlne to what extent such works and Improvements shall be constructed with refeSnce to the convenience, safety, and protection of the citizens Hence the city U not responsible for any defects in the plan or for any deflclences in the scope or exteSt of the works and improvements devised, and is not responsible for an viifinrlBs ??f,""A°^ to individuals froni defects and' deficiencies In suoTpllns and ^es^ens - ^tA^l %T?>„^,.¥I«^.'I..1^5L^'"S!«!1" „-• 2;ooto, 37 Mlclf , 152 ;\ame cfs°e:-38 SANITARY PROVISIONS IN LAWS FOR CERTAIN CITIES. 45 openings in, and removals of, the soil of public streets, for the laying or repair of sewers, drains, tunnels, gas-pipes, water-pipes, or for any other purpose; and may prohibit and prevent all such openings and removals of the soil, except by express permission of the council, and at such times and upon such terms and regu- lations as they may prescribe. — § 3633. 147* Sec. 15. The council may regulate the use of the public Rcgmatfonsaa highways, streets, avenues, and alleys of the city, subject to the right of travel and passage therein. They shall have authority to stands for prescribe the stands for all vehicles kept for hire, or used for the '^'''''"*'- transportation of persons or .property for hire ; to designate the wood and hay places where loads of wood, coal, hay, and other articles may stand ™**®'' ^^■ for sale; to regulate traflSc and sales in the streets and upon side- walks; to regulate or prohibit the display, use, or placing of signs, signs, etc. advertisements, and banners, awning-posts and telegraph poles, in or over the streets ; to prohibit immoderate riding and driving in immoderate the streets or over bridges ; to regulate or prohibit all such sports, *''''''°^- amusements, proceedings, and gathering of crowds in the streets Gathering o* as may interfere with the lawful use thereof, or render travel or '"'°'^*°- passage therein inconvenient or qnsaf e ; to prohibit and prevent the running at large of horses, cattle, swine, dogs, geese, and ^"""'"fanimais other domestic animals or fowls in the streets, or elsewhere in ana fowls. the city, and to impose penalties upon the owners or keepers thereof permitting the same, and to require and authorize the destruotidn of dogs found at large contrary to the ordinances of the city ; to cleanse ^nd purify the streets ; and to prohibit, pre- ^'^""'"l^"^ vent, remove, and abate all nuisances therein, and to require the removing authors and maintainers thereof to remove the same and to ""'»»'«'«'• punish them; and generally to prescribe and enforce all such police regulations over and in respect to the public streets, as may be necessary to procure good order and safety to persons and property in the lawful use thereof ; and to promote the general welfare; and in addition to all other powers herein granted, the General pouoe couiicil shall have the same authority and powers over and in the streets. respect to the public streets of the city as are conferred by law upon highway commissioners in townships. — §2634. as to cause an Injury In the nature of a trespass upon private property, or so as to appropriate or deprive a party of some use or enjoyment of his property to which he is entitled.— See same .case. *H7. The council may grant the privilege of laying and operating street railways, in the public streets, regardless of the consent or wishes of the adjoining proprie- tors who may own the soil of the street.— &. B. & 1. B. R. Co. v. Beisel, 38 Mich., 62. , It seems that the permission by the city to a railroad company to lay its tracks In a public street, does not bind the interests of adjacent proprietors who own the soil of the street. In such case the company has no right to lay its tracks and approprl- ate the lands of the adjacent owner without compensation. Such owner has the right either by way of compensation upon condemnation or by suit against the com- pany, to recover such damage as the road may occasion, by the appropriation of his land and by the detriment to the use, and the depreciation of the.vsilue of his adjacent premises.— O. B. Sc 1. B. B. Co. v. JffeSsef, 38 Mich., 62. But where the adjacent owner has no rights in the soil of the street, he cannot recover against the company for depreciation of his rental or value of his premises by reason of its occupation and use of the street. In such cases the adjacent owner can recover only where the com- pany violates the rule requiring one proprietor to souse his premises as not unreason- ably to Ino'*- every sale of such article or substance at retail in parcels that shall not be sold from a tub, firkin, box, or package, so stamped, branded, or marked, or without delivery of a label therewith as above stated, is declared to be unlawful and void, and no action upon any contract shall be maintained in any of the courts of this State to recover upon any contract for the sale of any such article or substance not so stamped, branded, marked, labeled, or sold.— §2245. 376, Sec. 2. Every person who shall sell, or offer, or expose fe1iing%.'?Ut for sale, or who shall cause or procure to be sold, offered, or etamping. exposed for sale, by the tub, firkin, box, or package, or in any greater quantity, any article or substance required by the first section of this act to be stamped, branded, or marked, that shall not be so stamped, branded, or marked, or in case of retail sales in parcels, every person who shall sell, or offer or expose for sale. 78 PUBLIC-HEALTH LAWS OF MICHIGAN. or who shall cause or procure to be sold, oflEered or exposed for sale, any article or substance required by the first section of this act to be sold, ofEered, or exposed for such sale from a tub, firkin, box, or package, stamped, branded, or marked, and labeled as therein stated, contrary to th6 provisions of said section^ shall be deemed guilty of a misdemeanor, and, upon conviction there- of, shall be punished by a fine of not less than ten nor more than one hundred dollars, and the costs of prosecution, or by impris- onment in the county jail for not less than five nor more than thirty days, or by both such fine and imprisonment for each and every offense. — § 2246. SALE AND USE OF OLEOMAROAEINE AND OTHER SUBSTANCES RESEMBLING BUTTER. Act No. 166, Laws of 1887, entitled, "An act to regnlate the sale and use of oleomar- garine, butterine, and otlier articles and substances resembling butter, and to pro- vide a penalty for the violation of this act." Sale, etc., as 277. SECTION 1. The People of the State of Michigan enact, ma'rIariMfetc., That any person who knowingly sells, or ofEers for sale, as bnt- a miBdemeanor; ter, any oleomargarine, butterine, or other article or substance resembUng butter, and not made exclusively from milk or cream, ^ and of which the oil or fat of animals not produced from milk is a component part, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined, for each such offense, not less than twenty-five dollars nor more than two hundred dol- lars, and by imprisonment in the county jail or State House of Correction and Keformatory at Ionia, not less than ninety days and not exceeding one year, or by both such fine and imprison- ment, in the discretion of the court. Proprietors of 378. Seo. 3. The proprietor or keeper of any hotel, restau- anu'etct^uslng ^ant, eatiug-saloon, boarding-house, or other place where food is or permitting furnished to persons paying^ for the same, who shall knowingly "ioiatoin'of° place upon the table, or use or permit to be used in the prepar- *"'■ ing of any f-ood to be used in such place, or to be sold to any person, any oleomargarine, butterine, or other such substance resembling butter, described in section one of this act, shall be deemed as selling and as offering for sale as butter, of such sub- stance resembling butter, within the meaning and intent and contrary to the provisions of this act, and liable and subject to the penalties prescribed for such offense. oA^u^rofeo* 279. Sec. 3, The presence of such oleomargarine, butterine, margarine, etc., or other substauce resembling butter, in any such place before vioMonof act. mentioned where food is sold or furnished to persons paying for the same, shall he prima facie evidence in any court before which any person violating the provisions of this act may be brought for examination or trial, that such person has sold and offered for Proviso. sale as butter, such substance resembling butter: Provided, ^N'evertheless, that if the proprietor or keeper of such store, hotel, eating-saloon, boarding-house or other place hereinbefore men- tioned, shall have placed on the outside door, and conspicuously hung in the center, and placed on the walls of any store, or room MANUFACTURE AND INSPECTION OF SALT. 79 where food is sold or furnished, a white placard on which is printed in black ink, in plain Boman letters of not less than three inches in length, and not less than two inches in width the words, " Oleomargarine or butterine sold or used here," and shall, at all times, keep the same exposed in such conspicuous places as to be readily seen by any and all persons entering such store or room or rooms, he shall be deemed to have complied with the provis- ions of this act, and may use, sell and offer for sale such oleo- margarine, or butterine or other substance resembling butter. MANDPACTUEE AND INSPECTION OF SALT. Act No. 29, lawd of 1869, entitled, " An act to regulate the mannfaottire, and provide . for the inspection of salt."* 280. (1458.) SBCTioif 1. The People of the State of Michigan ^^^'^^^^ ■enact,' That no salt manufactured in this State after this act takes effect, shall be sold within the State, nor exported therefrom, , until the same shall first he duly inspected as provided in this act. Any person who shall violate the provisions of this section Penalty for vio- shall pay, for the use of the people of this State, as a fine, the iots°oA™ib *' sum of twenty cents for each bushel of salt sold or exported con- "action, trary to the provisions of this act. In case any manufacturer of f^^l^l^°^^^g salt shall knowingly sell, or export, or permit to be sold or exr in violation oi ported, salt contrary to the provisions of this act, he shall, on '"'^ *°'" •conviction thereof, be liable to a fine not exceeding one thousand dollars, or imprisonment in the county jail not exceeding ninety days : Provided, That nothing in this act shall apply to any salt Proviso, packed and in the hands of dealers when this act takes effect. — •§ 1494. ' .281. (1463.) Sec. 6, The inspector shall, before entering oath^ana^bond upon the duties of his office, take the oath prescribed by the con- °' ''"'*° °'' stitution of this State, which oath shall be filed in the office of the secretary of State. He shall execute a bond to the people of this State in the penal sum of seven thousand dollars, conditioned for the faithful performance of the duties of his office, which bond shall have at least two sureties, and shall be subject to the approval of the State treasurer; and when approved shall be by such treasurer filfed and deposited in his office; and the inspector shall renew his bond every year. Any person or corporation injured f";^"?/"/^,^. by the neglect or default of such inspector, or by his misfeasance feasance of in office, or by the neglect, default, or malfeasance [misfeasance] a'puTy." ""^ of any of his deputies, may maintain an action on such bond, in the name of the people, for the use of the party prosecuting, and shall be entitled to recover the full amount of damages sus- tained.— ^s amended ly Act 249 of 1879.—% 1499. 282. (1470.) Sec. 13. No lime or lime-water shall be used NoUme^or^ume by any person in the manufacture of salt, in the kettles, or pans, used. or graining-vats used for manufacturing, under a penalty of twenty-five dollars and costs for each offense, to ba sued tot in * This act has been amended by Acts 56 and 199 of 1873, 86 of 1875, 90 of 1877. m of 1879, and 150 of 1883. As its bearings are chiefly commercial, the greater part of it Is ■omitted here. 80 PUBLIC-HEALTH LAWS OF MICHIGAN. ProTlso. What quallUes salt to contain. the name of the people of this State : Provided, That iron ves- sels used in the manufacture of salt may be white-washed, when cool, to prevent the accumulation of rust.— § 1506. 283. (1473.) Sec. 16. The inspector or deputy inspector shall not pass any salt as good, unless he shall find it to be well made,, free from dirt, filth, and stones, and from admixture of lime, or ashes of wood, and of any other substance which is injurious to salt, fully drained from pickle, the bitterns properly extracted therefrom, and manufactured as directed by this act and by the' rules and regulations of the inspector. — § 1509. 284i. (1481.) Sec. 24. If any manufacturer or other person shall pack any salt before the inspector or one of his deputies shall have determined that it is fit for packing, he shall forfeit the sumof twenty-five cents for every bushel of salt so packed. — § 1517.. 285. (1483.) Sec. 25. Barrels, casks, or sacks in which salt shall have been packed and inspected, shall not again be used for the packing of salt therein until the mark or brands made by the inspector shall be first cut out or removed ; and if any person shall pack, or cause to be packed, or shall aid or assist in packing any uninspected salt in any such barrels, casks, or sacks, without first cutting out or removing such marks or brands, he shall forfeit,, for every bushel of salt so packed, the sum of one dollar. — § 1518. PRESCRIBIKG POISOKS, DRUGS, OR MEDICINES IN A STATE OP INTOXICA- TION. Penalty on phy- 286.* (7729.) Sec. 4. If any physiciau or Other pcrson, while ing poSonTcto', in a state of intoxication, shall prescribe any poisoUj drug, or Ta" d.*"'"^'" medicine, to another person, he shall bei punished by imprison- ment in the county ja.il not more than one year, or by fine not exceeding five hundred dollars. — § 9319. Penalties for paclclng before Inspection, Barrels, etc., once used. Penalty for neglecting to label certain substances. Duty of apothe. carles, etc.. In tbe sale of poi- sons. SALE OF POISONS. 287. (7730.) Sec. 5. Every apothecary, druggist, or other person who shall sell and deliver at retail any arsenic, corrosive sublimate, prnssic acid, or any other substance or liquid usually denominated poisonous, without having the word "poison," and the true name thereof, and the name of some simple" antidote, if any is known, written or printed upon the label attached to the vial, box, or parcel containing the same, shall be punished by a fine not exceeding one hundred dollars. — As amended ly Act 74 of 1878.—% 9320, Act No. 123, laws of 1863, entitled, "An act for the better regulation of the sale of poisons." • 288. (7732.) Section- 1. The People of the State of Michigan enact, That every apothecary, druggist, or other person who sells any arsenic, strychnine, corrosive sublimate, prussicacid, or other poison, shall keep a record of the date of such sale, the article and amount thereof sold, and the person or persons to whom delivered, and their residence; which record shall be open to the inspection of any police ofiBcer or physician during the business hours of each day. And each and every neglect to keep such ADVERTISEMENT AND SALE OF DRUGS FOR ILLICIT PURPOSES. 81 record, as herein proYided, shall he deemed a misdemeaQor, and penalty for neg- the person or persona guilty thereof shall, upon conviction thereof, '®°' '""■'eof. be liable to a fine not exceeding fifty dollars. — § 9321. 289. (7733.) Sec. 2. The giving a false or fictitious name to the ,^™*','jj/e°^j^'^' apothecary, druggist, or other person from whom such poison was °^* * rename. purchased, shall be deemed a miedemeanor, and the person or per- sons guilty thereof shall, upon conviction thereof, be liable to a fine not exceeding fifty dollars. — § 9333. ADYEBTISEMEKT AND SALE OP DRUGS DESIGNED TO PRODUCE ABORTION, PREVENT CONCEPTION, CURB CHRONIC FEMALE COMPLAINTS, ETC. Act No. 138, laws of 1873, entitled, "An act to'f)revent the advertisement and sale of drugs or medicines designed to produce criminal abortion." 290. Section 1. The People of the State of Michigan enact, ?»'« "" ^^s', mi. i. 1. n • c- J ,■'■,■"., » for parpoae of That no person shall in any manner, except as hereinafter pro- procnring abor- Vided, advertise, publish, sell, or publicly expose for sale any pills, "'"' p™""'"**- powders, drugs, or combination of drugs, designed expressly for the use of females for the purpose of procnring an abortion. — § 9313. 291. Sec. 3. Any drug or medicine known to be designed J^^«° drue» and expressly prepared for producing an abortion, shall only be procuring sold upon the written prescription of an established practicing aoid.'""' """^ "'^ physician of the city, village, or township in which the sale is made; and the druggist or dealer selling the same shall, in a Person selling book provided for that purpose, register the name of the pur- JS saieVet"* chaser, the date of the sale, the kind and quantity of the medi- cine sold, and the name and residence of the physician prescribing the same.— § 9313. 292. Sec. 3. Any person violating any of the provisions of penalty, this act shall, upon conviction thereof, be punished by a fine of not less than twenty-five nor more than one hundred dollars, in the discretion of the court. — § 9314. Act No. 106, Laws of 1869, entitled, "An act to prohibit the publication of the virtues of patent and other simple and compound medicines in the State of Michigan, in language of immoral tendency, or of ambiguous character." • 293. (7734.) Section 1. The People of the State of Michigan ^l^^^^^i^^^^^t enact, That no person or persons, their agents or clerks, shall virtues o'tmedi- print, stamp, or engrave on any cards, bills, or posters for public "aSluage?""" display or advertisement, or publish in any newspaper in the State of Michigan, the virtues or applications and its or their effects of any such patent and other simple or compound medicine, in lan- guage of immoral tendency or of ambiguous character. Any per- Penalty, son or persons, their agents or clerks, who shall fS,il to comply with the requirements herein expressed, shall be deemed guilty of a misdemeanor, and shall be liable to a fine not less that fifty nor more than one hundred dollars, or to imprisonment in the county jail not exceeding three months, or both, for each and every offense. Any proprietor or proprietress of any newspaper pub- f^^^^PPf*^" lished in the State of Michigan, who shall permit any such pub- publication a new ofCense. *286. Peop/e i>. Carmietia^, B Mich., 19. 11 82 PUBLIC-HEALTH LAWS OF MICHIGAN. Penalty for pub lleblng, etc., circulars, etc. PolBoulng food, wells, etc. lications to appear in consecutive issues, each and every day shall be deemed a new and separate offense, and shall be liable to a penalty as herein expressed. — § 9310. 294. (7725.) Sec. 3. The publication or sale within this State of any circular, pamphlet, or' book containing recipes or prescrip- tions in indecent or obscene language for the cure of chronic female complaints or private diseases, or receipts or prescriptions for drops, pills, tinctures, or other compounds designed to pre- vent conception, or tending to produce miscarriage or abortion, is hereby prohibited; and for each copy thereof, so_ published and sold, containing such prohibited recipes or prescriptions, the publisher and seller shall each be deemed guilty of a misdemanor, and shall be liable to the same penalties provided for a violation of the preceding section. — § 9311. POISONING OF FOOD, DRINK, MEDICINES, SPRINGS, WELLS, ETC. From chapter 159, revised statutes of 1846, or chapter 244, compiled laws of 1871. 395.* (7536.) Sec. 37. If any person shall mingle any poison with any food, drink, or medicines, with intent to kill or injure any other person, or shall willfully poison any spring, well, or reservoir of water, with such intent, he shall be punished by imprisonment in the State prison for life, or any term of years. — § 9101. VI.— EXPLOSIVES, PIKE AKMS, ETC, :— ILLUMINATIISIG OILS, GUNPOWDER, NITRO-GLYOERINE AND OTHER EXPLOSIVES, CARRYING EXPLOSIVES IN PUBLIC CONVEY- ANCES, TOY-PISTOLS, SPRING-GUNS, FIRE FROM SMOKE &TACKS OF STEAM VESSELS.+ INSPECTION OP ILLUMINATING OILS, Act No. 127, taws of 1879, entitled, "An act to provide for the inspection of illuminat- ing oils manufactured from petroleum or coal oils, and to repeal act number one hundred and eighty-one of the session laws of one thousand eight hundred and seventy-five, approved May first, one thousand eight hundred and seventy-five, and act nnmherone nundred and ninety-six of the session laws of one thousand eight Appointment of Inspector. Term of office. Duty. hundred and seventy-seven; hundred and seventy-seven." approved May twenty-second, one thousand eight 296. Section 1. The People of the State of Michigan enact, That the governor shall appoint a suitable person, resident of the State, who is not intei'ested in manufacturing, dealing in, or vending any illuiginating oils manufactured from petroleum, as State inspector of oils, whose term of ofBce shall be two years from [the] date of appointment, or until his successor shall be appointed and shall qualify. It shall be the duty of said State inspector, or his deputies hereinafter provided, to examine and * Cases under this section are People v. Carmtehael, 6 Mich., 10, and People v. Adwards, 5 Mich., 28. + On careless use of fire-arms, see Act 88 of 1869, Sees. 552-555 of this compilation; on carryin? concealed weapons. Act 129 of 1887, Sees. 566-7 of this compilation; on transportation of kerosene, gasoline, etc., see Act 191 of 1881, Sees. 4 19, 420 of this compilation; on sending explosive substances with Intent to do bodily harm, see Act 202 of 1879, Sec. 524 of this compilation. INSPECTION OF ILLUMINATING OILS. 83 test the quality of all such oils offered for sale by any manufact- urer, vendor, or .dealer, and if, upon such testing or examina- tion, the oils shall meet the requirement hereinafter specified, he shall fix his brand or device, viz. ; " approved," with the date over his oflQcial signature, upon the package, barrel, or cask, containing the same. And to more effectually carry out the "ay enter on provisions of this act, it shall be lawful for the State inspector, purpose oi m- or his deputies, to enter into or upon the premises of any manu- "p^i^"™- iacturer, vendor, or dealer of said oils, and if they shall find or discover any kerosene oil, or any other product of petroleum that has not been inspected and branded, according to the pro- visions of this act, they shall proceed to inspect and brand the «ame. And it shall be lawful for any manufucturer, vendor, or what on may be dealer to sell the oil so tested and approved as an illuminator; but if the oil or other product of petroleum so tested shall not meet said requirements, he shall mark in plain letters on said j)ackage, barrel, or cask, over his ofScial signature, the words : ^'Rejected for illuminating purposes;" and it shall be unlawful for the owner thereof to sell such oil, or other product of petro- leum, for illuminating purposes ; and if any person shall sell or P®°*l,'^*°y°i'' ■offer for sale such rejected oil, or other product of petroleum, for rejected, such purpose, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a penalty, in the dis- cretion of the court, in any sum not exceeding three hundred dollars.--§ 1537. 297. Sec. 2. The State inspector provided for in this act is f^^"^^^"^ "' hereby empowered to appoint a suitable number of deputies, which deputies are hereby empowered to perform the duties of inspection, and shall be liable to the same penalties as the State inspector : Provided, That the State inspector may remove any Removal. of said deputies for reasonable cause. It shall be the duty of the J° Hn™o1°8? *" inspector and his deputies to provide themselves, at their own •expense, with the necessary instruments and apparatus for test- ing the quality of said illuminating oils, and when called upon ior that purpose, to promptly inspect $11 oils hereinbefore men- -tioned, and to reject, for illuminating purposes, all oils which will emit a combustible vapor at the temperature of one hundred and twenty degrees of Fahrenheit's thermometer : Provided, Proviso. The quantity of oil used in the flash test shall not be less than half a pint. The oil tester adopted and recommended by the ^hat tester to Michigan State board of health shall be used by the inspector ''^ "'**• and his deputies. — § 1538. 298. Sec. 3. Every person appointed a State inspector p^ati^^of^offlce of shall, before he enters upon the discharge of the duties of his oflBce, take an oath or affirmation prescribed by the constitution and laws of this State, and shall file the same in the office of the 'secretary of State. The State inspector shall execute a bond to ^"J^-JaC"' the State of Michigan in such sum and with such surety as shall oi. be approved by the secretary of State, conditioned for the faith- ful performance of the duties imposed upon him by this act ; vhich bond shall be for the use of all persons aggrieved by the 84 PUBLIC-HEALTH LAWS OF MICHIGAN. Oath and bond of deputy Inspector, ap- proval, filing of, e.tc. Certificate of filing. Fees for Inspection, Fee a Hen. Becord of In- spection, 'What to contain. acts or neglect of said inspector; and the same shall be filed with' the secretary of State. The deputy inspector shall, before he- enters upon the duties of his office, take such oath and file such bond,' with like conditions as is required of the State inspector ; said bond to be in such sum as shall be required by the State- inspector, with two sureties to be approved by the judge of pro- bate, and file such oath and bond with the clerk of the county in which such deputy inspector resides. Such deputy shall also- forward the county clerk's certificate of such filing to said State^ inspector. Said inspectors shall collect thirteen cents for each barrel; or cask, or package containing not exceeding fifty-fiTe gal- lons, and at the same proportionate rate for any excess oyer that- quantity so inspected, and he shall pay over to the State inspector at the commencement of each month all moneys received by him for inspection ; and in any case of inspection or branding, said fee shall be a lien on the oil so inspected. It shall also be the- duty of every inspector or deputy inspector to keep a true and accurate record of all oils so inspected and branded by him, which record shall state the date of inspection, the number of gallons- rejected, the number of gallons approved, the number of gallon* inspected, the number and kind of barrels, casks, or packages,, the name of the person for whom inspected, and the money received for such inspection, and said record shall be open to the inspection of all persons interested. It shall also be the duty of every deputy inspector, at the commencement of each month, to- forward to the State inspector and board of State auditors trne duplicate copies of such record for the preceding month. In the month of January, in each year the State inspector shall make and deliver to the Governor of the State and board of public health, annual duplicate reports of the inspections by himself and deputies during the preceding calendar year. All illuminating oils manufactured or refined in this State, shall be inspected before being removed from the manufactory or refinery, and if any person or persops, whether manufacturer, vender or dealer,, shall sell or attempt to sell to any person in this State, any illu- minating oil, whether manufactured in this State or not, before- having the same inspected as provided in this act, he shall fee deemed guilty of a misdemeanor, and he shall be subject to a- penalty in any sum not exceeding three hundred dollars ; and if any manufacturer, vender, or dealer in either or any of said illu- minating oils, shall falsely brand the package, cask, or barrel containing the same, as provided in sections one and two of this act, or shall use packages, casks, or barrels having the inspector's brand thereon, without having the oil inspected, he shall be deemed guilty of a misdemeanor, and he shall be subject to a pen- alty in any sum not exceeding three hundred dollars, nor less than one hundred dollars, or be imprisoned in the county jail not exceeding six months, or both, at the discretion of the court.— As amended by Act 20 of 1883.—% 1539. 299. Seo. 4. Any person selling or dealing in illuminatitig oils^ produced from petroleum, who shall sell or dispose of any emptyr Dapllcftte copUa to be Bent to State Inspector and board of auditors. Annual report 10 governor and board of public liealth. Oils refined, etc.. In thla State, iBflpected before removal from factory, etc. Penalty for selling oil be- fore Inspection. Penalty for falsely brand- ing, etc. Penalty for selling empty INSPECTION OF ILLUMINATING OILS. 85 kerosene barrels [barrel], cask, or package, before thoroughly barrels before canceling, removing, or effacing the inspection brand on, the stamp.'"* ^ame, shall be guilty of a misdemeanor and on conviction shall pay a fine of one dollar for each barrel, cask, or package thus fiold or disposed of; and any person who shall knowingly use any Penalty for illuminating oil or products of petroleum for illuminating or Slatfng pu" beating purposes before the same has been inspected and approved ^"Sut"'' by the State inspector of oils or his deputy, shall be guilty of a inspection. misdemeanor, and, on conviction, shall pay a fine in any sum not •exceeding ten dollars foi: each offense. — As amended iy Act 49 of 1881— %15i0. 300. Sec. 5. No person shall adulterate with paraffine or Adulteration other substance for the purpose of sale or for use, any coal q,. p™""""* kerosene oils to be used for lights in such a manner as to render them dangerous to use, nor shall any person knowingly sell or ■offer to sell, or knowingly use such adulterated oil, nor shall any saie or use of person knowingly sell or offer for sale, or knowingly use any coal prohibit"!.* °"' or kerosene oil, or any of the products thereof for illuminating purposes, which by reason of being adulterated, or for any other reason, will emit a combustible vapor at a temperature less than one hundred and twenty degrees of Fahrenheit's thermometer: Provided, That the quantity used in the test shall not be less ProTUo. than one-half pint: And further provided. That the gas or vapor from s£lid o;ls may be used for illuminating purposes, when the oils from which said gas or vapor is generated are contained in •closed reservoirs outside the building illuminated or lighted by said gas. Any person violating the provisions of this section Penalty, shall be deemed guilty of a misdemeanor, and shall, upon con- fiction thereof, be punished by imprisonment in the county jail not more than one year, or by fine not exceeding four hundred dollars, or by both such fine and imprisonment in the discretion of the court: Provided, That nothing in this act shall be so con- Proviao-not to strued as to prevent the use in street lamps of lighter products fampV" ""^' of petroleum, such as gasoline, benzine, benzole, naptha: Pro- vided further. That the provisions of this act shall not apply to wnen not to «i. i_j-jj.i ••! *PPly to nia- the use of machines or generators constructed on the principle chines, etc. •of the "Davy Safety Lamp."— § 1541. 301. Sec. 6. The State inspector shall receive an annual sal- i„*peJtor ^'*** ^ry of fifteen hundred dollars. He shall also be allowed such further sum as he may actually and necessarily expend in trav- eling expenses and prosecutions incurred in the discharge of his duties. Each deputy inspector shall be entitled to a salary pay- ^»'»''yg°' able monthly, the amount of such salary to be determined by the *''" "" number of casks, barrels, and packages actually inspected by such deputy inspector during the month, as follows : For each of the first ten, one dollar each ; for each of the second ten, sev- enty-five cents ; for each of the third ten, sixty cents; for each of the fourth ten, fifty cents; ;for each of the fifth ten, forty ■cents; for each of the sixth ten, thirty cents; for each of the seventh ten, twenty-five cents; for each of the eighth ten, twenty cents; for each of the ninth ten, fifteen cents; for each 86 PUBLIC-HEALTH LAWS OF MICHIGAN. Proviso. Hxpenaes of deputies. How salaries paid. Account of receipts, etc . to board of state auditors. ProBecutlon for violation of act. of the tenth ten, ten cents; for each of the second hundred, eight cents; for each of the third hundred, six cents; for each in excess of three hundred, five cents : Provided, That in no case shall any deputy inspector receiye more than one hundred dollars in any month as such salary. Said deputy inspector shall also be entitled to and allowed all actual and necessary expenses for railroad, stage, and steamboat fares incurred in the discharge of his duties as such deputy inspector. All salaries and expenses provided for in this act, shall be retained by the State inspector out of the money received for inspections of oil and accounted for and paid out by him as provided in this act ; Provided, That in case the amount of money received for the inspection of oils according to the provisions of this act, shall not be suflacient to pay the compensation and expenses of the inspector and his dep- uties as provided herein,' the amount of such deficiency shall be deducted from said salaries pro rata to each. — § 1542. 305}. Sec. ?. The State inspector shall render to the board of State auditors, quarterly, a detailed account of all the receipts- and disbursements of his office, to be audited and allowed by them if found correct ; and at the end of the year, any surplus, shall be paid into the State treasury,— § 1543. 303. Sec. 8. It shall be the duty of the State inspector, or any deputy inspector, who shall know of the violation of any of the provisions of this act, to enter complaint before any court of competent jurisdiction against any person so offending ; and in case the State inspector or deputy inspector, have [having] knowledge of the violation of the provisions of this act, shall neglect to enter complaint as required by and provided for in this section, he shall be deemed guilty of a misdemeanor,— § ■ 1544. 304. Sec. 9. It shall be the duty of all prosecuting attorneys to represent and prosecute in behalf of the people, within their respective counties, all cases of offenses arising under the pro- visions of this act.— § 1545, 305. Sec, lO, N"o inspector or deputy inspector shall, while m office, traffic directly or indirectly, in any article^ which he is appointed to inspect, For the violation of any of the provisions of this act, he shall be liable to a penalty not to exceed three hundred dollars,— § 1546, 306. Sec. 11, It shall be the duty of the governor to remove from office, and to appoint a competent person, in the place of any inspector who is unfaithful in the duties of his office,— S 1547. ° 307. Sec. 13, Act number one hundred and eighty-one of the session laws of eighteen hundred and seventy-five, as approved May first, eighteen hundred and seventy-five, and act number one hundred and ninety-six of the session laws of eigh- teen hundred and seventy-seven, as approved May twenty-third, eighteen hundred and seventy-seven, .are hereby repealed,— S 1648, J r 0- Prosecuting attorney to prosecute. Inspectors pro. hlblted from dealing In oil. Removal from office. .Act repealed. GUNPOWDER, NITRO-GLYCERINE, AND OTHER EXPLOSIVES. 87 308. Sec. 13. This act shall take effect thirty days from and after its approval by the governor. — § 1549. PROTECTION FROM DANGER 3Y GUK POWDER.* From chapter 19 of Revised Statutes of 1846, or chapter 6Z of Compiled Laws of 1871. 309. (2059.) Sec. 3. The inhabitants of every township or inhabitants of i 1 . 1 1 - - , 1 , ■ -1.1. townships, etc., incorporated village may, at any regular meeting, order that no maymateTega- gunpowder shall be kept in any place within the limits of such ["n to keeping. township or village, unless the same shall be kept in tight casks or canisters; and that no gunpowder above the quantity of fifty pounds, shall be kept or deposited in any shop, store, or other building, or in any ship or vessel, which shall be within the dis- tance of twenty-five rods from any other building, or from any wharf; that no gunpowder above the quantity of twenty-five pounds shall be kept or deposited in any shop, store, or other building within ten rods of any other building; and that no gun- powder above the quantity of one pound, shall be kept or deposited in any shop, store, or other building, within ten rods of any other building, unless the same shall be well secured in copper, tin, or brass canisters, holding not exceeding five pounds each, and closely covered with copper, brass, or tin covers. — §2103. 310. (2060.) Sec. 4. , TJpon complaint made on oath to any ^^''rrant'mi'' be justice of the peace, by any township or village officer, that he usued. 'has probable cause to suspect that gunpowder is deposited or kept within the limits of the township or village, contrary to any such order, such justice may issue his warrant, directed to any constable of such township, or the marshal of such village, order- ing him to enter any shop, store, or other building, or vessel specified in said warrant, and there to make diligent search for the gunpowder suspected to have been deposited or kept as aforesaid, and to make return of his doings to such justice forth- with.—! 2104. 311. (2061.) Sec. 5. If any person shall commit either of the rorfeiturefor offenses mentioned in the two preceding sections, he shall for- preceding ^^ feit a sum not exceeding twenty dollars; but the two preceding =«'="°'"- sections shall not extend to any manufactory of gunpowder, nor in any case prevent the transportation thereof through any town- ship, or from one part of any township to another part thereof. — § 2105. TRANSPORTATION AND STOBAGB OF NITSO- GYCERINE AKD OTHER ' EXPLOSIVES. Act No. 139, Laws of 1873, entitled, "An act to regulate the transportation of nitro- glycerine and other explosive substances." * See also for cities clause Twenty-sevunth of Sec. 1 (§ 2556), chap. XI., and Sec. 8 (§ 2761). chap. XXIX., of Act 178 of 1873, pp. 85 and 47 ; and for villages, clause Four- teenth, of Sec. 1 (9 2847), chap. VII., and Set. 8 (§ 2965), chap. X., of Act 62 of 1875, pp. 48 and Sf, and Sec. 26 (§ 3008), of Act 168 of 1857. On transportation of kerosene, gas- , oline, etc., see Act 191 of 1881, Sees. 419, 420, of this compilation. See, also, on send- ing explosive substances with intent to do bodily harm. Act 202 of 1879, Sec. 524 of this compilation ; on careless use of fire-arms. Act 68 of 1869, Sees. 652-555 of this com- pilation; on carrying concealed weapons, see Act 129 of 1887, Sees. 556-7 of this com- pilation. .t.8 PUBLIC-HEALTH LAWS OF MICHIGAN. Transportation 312. Sectiqn 1. The PeopU of the state of Michigan enact, nttroT/clrine That it shall be unlawful hereafter to bring within this State, or etc., prohibited (jq transport, carry, ship, deposit, store, or place nitro-glycerine, unless labeled. ^.^^^ powder, dynamites, dualine, or any other substance, of which nitro-glycerine shall constitute an ingredient, or that may be exploded by concussion, in or upon any car, vessel, steam- boat or other water-craft or public conveyance, wharf, or other public place within the State of Michigan, unless the package or box containing the same shall be labeled on the outside thereof, the words "Nitro-glycerine, dangerous;" and also the same shall appear as ii\serted or written in or upon the bill of lading, freight bill, or other evidence of transportation ; thereby giving the character and nature of the articles so shipped : Pro- ProTiso. ' vided, That no provision of this act shall be so construed as to permit the transportation of any of these articles on any passen- ger train, or freight trains to whic^i a passenger car is attached, or upon any steamboat, propeller, or other vessel used in part or in whole for the transportation of passengers, and that no such materials shall be discharged from any railroad car, boat, or ves- sel, at any of the wharves, docks, or depots in this State between the hours of six A. M.'and six P. M. of the day.— § 9115. Penalty. 313. Sec. 3. If any person or persons shall violate the pro- visions of this act, or if any person or persons shall knowingly receive, sell, or deliver any of* said substances, unlawfully shipped or deposited as aforesaid, each and every person so offending shall be guilty of an offense, and on conviction thereof shall be punished by fine in any sum not exceeding two thousand dollars, or by imprisonment in the State prison not exceeding two years, or both fine and imprisonment in the discretion of the court.-r§ 9116. Goods may be 31 4.. Sec. 3. And in case any party so violating this act can- when pMso^ not be found or reached, the goods so unlawfully shipped shall beTuSr*"""" be seized and sold, one-half of the proceeds of such sale to be given to the informer and one-half to the State. — § 9117. [On transportation of kerosene, benzine, naptha, or other Inflammable oils or fluids, see Act 191 of 1881, Sees. 119 and 130 of this compilation.] CARKYINa OR SENDING EXPLOSIVES IN PUBLIC CONVETANCES, AND HAV- ING SAME FOE UNLAWFUL PURPOSES. Act No. 91, laws of 1889, entitled, "An act to punish any person who sends, takes, or carries, or attempts to send, take, or carry, or procure to be sent, taken, or carried, dynamite, nitro-glycerine, or other explosive substances, either as freight or bag- gage, on any passenger boat or vessel, or any railroad car, or train of cars, or on any street car, stage or vehicle used wholly or partly for carrying passengers." Be'ndi'n°^ex- ^^^' SECTION 1. The People of the State of Michigan enact, plosives In pub- That no person shall order, send, take or carry, or attempt to 'e'tc?™^*^*"""' order, send, take or carry dynamite, nitro-glycerine or any other explosive substance which explodes by concussion or friction, concealed in any bag, satchel, valise, trunk, box, or in any other manner whatever, either as freight or baggage, on any passenger boat or vessel, or any railroad car or train of cars, street car, stage or other vehicle used wholly or partly for carrying pas- sengers. EXPLOSIVES. GASOLINE. SALE AND USE OF TOY PISTOLS. 89 316. Sec, 3. In case any person violates any of the provisions a feiony. of section one of this act, he shall be deemed guilty of felony, and the offense shall be deemed to be committed in any county through which such person procures or attempts to procure the transport- ation of such dynamite, nitro-glycerine or other explosive sub- stance, and upon conviction he shall be punished by imprison- Penalty, flaent in the State prison not to exceed ten years: Provided, That Proviso, such person shall be imprisoned for life or any number of years in case such dynamite, nitro-glycerine, or other explosive sub- stance, explodes and destroys human life while in possession of any carrier, or on any boat, vessel, railroad car, street Car, stage, or other vehicle, contrary to any of the provisions of section one of this act. 317. Sec. 3. Any consignee to whom any such dynamite, consignee!' nitro-glycerine, or other explosive substance has been consigned by his procurement in violation of any of the provisions of sec- tion one of this act shall be deemed guilty of felony, and shall , be punished in the manner prescribed in sectipn two of this act. Act No. 126, laws of 1885. "An act making it a felony to manufacture, buy, sell, fur- nish, OT cause to be fuTnished, or have In possession any nitro-glycerine, dynamite, eiant powder, or any other dangerous explosive material for unlawful purposes, and to provide a punishment for the same." 318. Section 1. TJie People of the State of Michigan enact, St^anlls. That any person who shall manufacture, buy, sell, furnish, or cause to be furnished, or have in possession any nitro-glycerine, dynamite, giant powder, or any other dangerous explosive mater- ial, with the intent to willfully and maliciously destroy the life or property of another, shall be deemed guilty of a felony, and mtnufLture, on conviction thereof, shall be punished by imprisonment in the «»ie, etc , of.' State prison for a term not less than one year nor more than twenty years. Act No. 146, Laws of 1889, entitled, "An act to require the labeling of all gasoline, ben- zine and naphtha sold at retail." 319. Section 1. -The People of the State of Michigan enact, ^^^^^\^^-; That every druggist, grocer or other person who shall sell and deliver at retail any gasoline, benzine or naphtha, without hav- ing the true name thereof and the words "explosive when mixed with air" plainly printed upon a label securely attached to the can, bottle or other vessel containing the same, shall be punished P™»"y- by a fine not exceeding one hundred dollars. SALE AND USE OF TOY PISTOLS. Act No. 138, Laws of 1883, entitled, "An act to prevent the sale and use of toy pistols." 320. Section 1. The People of the State of Michigan enact, faJtridges,"' That no person shall sell, give, or furnish to any child under the fifbwaln"" age of thirteen years, any cartridge of any form or material, or any pistol, gun, or other mechanical contrivance, specially arranged or designated for the explosion of the same.— § 91325. 321. Sec. 2. Any person, violating any of the provisions of Penalty for. the foregoing section, shall be deemed guilty of a misdemeanor. 90 PUBLIC-HEALTH LAWS OF MICHIGAN. Certain persons not to have same In their possession. and upon conviction thereof, shall be punished by a fine of not less than ten dollars, nor more than fifty dollars, and costs of prosecution, or Imprisonment in the county jail not less than ten days nor more than ninety days, or both such fine and imprison- ment, in the discretion of the court. — § 91225. 322. Sec. 3. It shall be unlawful for any person under the age of thirteen years, to have in possession, or use any of the articles named in section one of this act,— § 91235. SETTING SPBIKG-GUKS AND OTHER DANGEROUS DEVICES.' Act No. 97, Laws of I8T5, entitled, "An act to prevent the setting of guns and other dangerous devices." settingofa 323. SECTioiT 1. IJiB People of the State of MicMgun enact, deemlla%iI-°'' That if any person shall set any spring or other gun, or any trap demeanor. qj. flevicc Operating by the firing or explosion of gunpowder or any other explosive, a^d shall leave or permit the same to be left, except in the immediate presence of some competent person, he ™sonbJgun ^^^^^ ^^ dccmed tp have committed a misdemeanor; and the kill- so set deemed ing of any person by the firing of a gun or device so set shall be manslaughter, ^gg^g^ jo be manslaughter. -§ 9114. PROTECTION AGAINST FIRE FEOM STEAM VESSELS. Steam vessels to be provided with fire screens. ■ Penalty for neglect to provide. Owner liable for neglect. Act No. 18P, Lavrs of 1881, entitled, "An act to compel steam vessels navigating the waters of the State, to provide lire screens for smoke stacks, and to provide a pen- alty for its violation." 324. Section 1. The People of the State of Michigan enact, That all vessels using wood for fuel, navigating any of the waters of this State, shall be provided with suitable fire screens attached to the smoke stack of such vessels to prevent the escape of fire. Such fire screen shall be of the best approved kind, shown by experience to be proper and suitable for protection from fire. — § 2033. 325. Sec. 2. The owner or owners and master of any steam vessel, navigating the waters of this State, who shall neglect to provide his or their vessel with the fire screens attached to the smoke stacks of said vessels, as mentioned in section one of this act, shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be punished by a fine of one hundred dollars or by confinement in the county jail not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the court, and each and every day, during which such vessel is sa improvided with the fire screens mentioned in section one of this act, shall be deemed a separate offense. The owner of such ves- sels shall also, when any person is injured in person or property by reason of fire, occasioned by the neglect of such owners of such vessels to comply with provisions of section one of this act, be liable to the amount of damages sustained to the person so injured, to be recovered in any court of cpmpetent jurisdiction in this State.— § 2034. * On sending explosive substances with intent to do bodily harm, see Act 202 of 1879, Sec. 624 of this compilation. SAFETY OF PERSONS IN FACTORIES, MINES, ETC. 91 VIL— SAFETY OP PERSONS IN MANUPACTtJRING ESTABLISHMENTS, MINES, ETC., AND DUTIES OF CERTAIN INSPECTORS. More on this subject is to be found under the head "11. Local Boards of Health," paragraphs 83-y7, relating to public buildings. BLOWERS WHERE EMERY WHEELS OR BELTS A.RE USED. Act 136, laws of 1887, entitled, ' 'An act to provide for blowers in establiahmeuts where emtry wlieels or emery belts are used." ^ 326. Sectioit 1. The People of the State of Michigan enact, Factories using That all factories aad workshops where emery wheels or emery Itef.To'^rolide belts, of any description, are used, either solid emery, leather, '"<'^«"> ="=. leather-covered, felt, canvas, linen, paper or "wheels rolled in emery or corundum, shall be provided with blowers or similar apparatus, which shall be placed over, beside or under said wheels, in such manner as to carry away the dust arising from said emery wheels while in operation, directly to the outside of the building, or some receptacle placed so as to receive such dust. 327. Sec. 3. Any person, company or corporation who shall Pen^'^y for willfully neglect or refuse to comply with the provisions of this act shall, for each offense, forfeit the sum of one hundred dollars, to be recovered in an action of debt in any court of competent jurisdiction. 328. Sec. 3. Nothing in this act shall apply to factories, saw Exceptions. mills, shingle mills, and workshops in which such wheels oi* belts are occasionally used and only by men not especially employed for that purpose. LINE SHAFTING IN FAIR GKOUNDS AND OTHER PUBLIC PLACES. Actl66, laws of 1885, eiititled, "An act tO'prevent accidents by line shafting nsed on fair grounds or other public places where machinery is running on exhibition." 329. Section 1. 2he People of the State of Michigan enact, '("f^H^'^a' That all shafting put up for the running of machinery on exhi- teoted so as to bition in this State, where the public are invited to assemble, 'tltmllm^^ shall be so put up as to prevent any person or persons coming in contact with. contact with the same. 330. Sec. 3. Any person or persons using shafting as named ^^"nlnce''""' in section one of this act, who shall refuse or neglect to comply with the same before setting said shafting in motion for exhibi- tion, shall be guilty of a misdemeanor, and on conviction thereof shall pay a fine not exceeding one hundred dollars and costs of prosecution, or imprisonment in the county jail not exceeding ninety days, or both such fine and imprisonment, in the discre- tion of the court ; and any company, corporation or individual shall also be liable for all damages which shall be sustained by "any person by reason of such refusal or neglect. ^2 PUBLIC-HEALTH LAWS OF MICHIGAN. EMPLOYMENT OF CHILDREN, TOUNG PERSONS, AND WOMEN IN CERTAIN CASES. Closely related to this subject is act 360, laws of 1881, entitled, "To pro- vide for the protection of children," published farther on under the head, "Protection to Health, Life, aijd Morals of Children," under the general head X,— "Certain Social Relations, Morals, etc.": — Act 39, Laws of 1885, entitled, "An act to regulate the employment of children, young persons, and women in certain cases. cmidreB under 331. SECTION 1. The People of the State of Michigan enact, ten years. r^^^^ ^^ ^.j^jj^ ^^^gj. ^he age of ten years, shall be employed in any factory, warehouse, or workshop where the manufacture of any goodswhatever is carried on, or where any goods are pre- pared for manufacturing. Under u years, 332. Sic. 2. No child Under the age of fourteen years shall ?ohoo?'eqo"ed. be employed by any person to labor in any business, unless such child shall have attended some public or private day school, where instruction was given by a teacher qualified to instruct in such branches as are usually taught in primary schools, at least four months of the twelve months next preceding the month in which such child shall be so employed, except in districts in which only three months of school are taught by a qualified proYiso. teacher : Provided, That a certificate of such attendance from the superintendent of the school, or the director of the school district in which such child shall have so attended school, shall be evidence of a compliance with the provisions of this section. False if acted upon by the employer in good faith. If any such super- certifloate. intendent or director shall knowingly make a false certificate, he shall be deemed guilty of a violation of this act, and shall be liable to the punishment hereinafter provided. Disposition of 333. Seo. 3. Certificates givcn Under the preceding section certmoates. ^j^^jj ^^ deposited with the employer, at the time of employing any such child, and shall be kept by him on file in his ofGlce.and Inspection of. shall, at all times, be subject to inspection by the persons author- ized to make inspections under this act. Under 18 years, 334-. Sec. 4. No child, or voung pcrson under the age of limitation 10 ■ ^_J~ j v. n t i j • * i. boars. eighteen years, and no woman, shall be employed in any factory, warehouse, workshop, or place where the manufacture of any kind of goods is carried on, or where any goods are prepared for manufacturing, for a longer period than an average of ten hours Dinner hoar, in & day, or sixtj hours in any week, and at least one hour shall be allowed in the labor period of each day for dinner. lm'?o'eV™"'° ^^^* ^^^' ^' ^'^^n person, who shall employ any female, in any factory, warehouse, workshop, store, or hotel shall provide suitable seats for the use of the females so employed, and shall permit the use of such seats by them, when they are not neces- sarily engaged in the active duties for which they are employed. Tioution of this ^^®* Sec. 6. Any person, company, or corporation who shall act. violate any of the provisions of this act, shall, for each offense, forfeit a penalty of fifty dollars, to be recovered before any com- petent court. 337. Sec. 7. In all cities it shall be the duty of the superin- DUTIES OF INSPECTORS OF MINES. 95 tendent or chief officer of police, by snitable inspectiotis, to see Enforcement of that the regulations of this act are observed, and also to prose- sup'toi police, cute all persons who shall violate the same. Such superinten- '•«'i"i''ed. dent, or chief officer of police, shall detail such portion of the Jactor'ieB?etc. force under him as he shall deem necessary for the inspection, from time to time, of all the aforesaid places where such children or young persons may be employed : {^Provided, That, in the city Proviso, of Detroit, the board of building inspectors of said city, or any member thereof, shall have concurrent jurisdiction with the superintendent or chief officer of police, with like power and authority to personally see that the regulations of this act are observed, and also to enter complaint against all persons who shall violate the same). In towns the supervisor thereof shall per- form the duties above imposed on the superintendent, or chief officer of police in cities. — As amended iy Act 21, Laws of 1889. 338.. Sec. 8. The directors of any corporation which shall ^'JpSoni willfully neglect or refuse to obey the provisions of this act, "aweto shall each be liable to the penalties of this act: Provided, That pj°*,jo°' the provisions of this act shall not apply to any of the penal, , reformatory, or benevolent institutions of this State. INSPECTOKS OF MINES,— THEIR DUTIES IN CERTAIN CASES. Act 213, Law8 of 1887, entitled, "An act to provide for the appointment of inspectors of mines and their deputies in certain cases, to prescribe their powers and duties and provide for their compensation." 339. Section- 1. Ihe People of the State of Michigan enact, ^i^^^^^o^'"""' That the board of supervisors of any county iu the Upper Penin- appoint, ax sula in this State where there are mines situated and working, SfTn^Bpe^orT are hereby authorized and directed at their first meeting after this act shall take effect, to appoint some suitable person who is a practical miner an inspector of mines, and as many deputy inspectors as, in their judgment, may be necessary for the pur- pose of discharging the duties hereinafter prescribed, to fix the compensation of said inspector and deputies and provide for the payment of the same, and to remove the same, or any one thereof, and appoint others in their places, whenever, in their judgment, the best interests of owners and employes may so require, and to fill vacancies arising from any other cause than removal. 340. Sec. 2. The inspector of mines, when so appointed, ^JirCds^etc. shall give bonds in the sum of five thousand dollars, with good and sufficient sureties, to be approved by the board of supervis- ors, for the faithful performance of his duties, which said bond shall be payable to the board of supervisors of the county in which said inspector shall be appointed, and shall be filed with the clerk of the county when he is so appointed, and any and all deputy inspectors in any county shall be under the supervision of the inspector of mines for that county, and their duties shall be prescribed by him. . 341. Sec. 3. The duties of the mine inspector shall be to visit ^^^^^^ all the mines in his county producing iron ore once in every sixty days, and oftener if in his judgment necessary ; and the mines 94 PUBLIC-HEALTH LAWS OF MICHIGAN. producing gold, silver, copper and slate once in each year, and oftener if in his j^^dgment necessary, and closely inspect the mines so visited, and condemn all such places where he shall find that the employes are in danger from any cause, whether result- ing from careless mining or defective machinery or appliances of any nature ; he shall compel the erection of a partition between all shafts where hoisting of ore is performed and where there are ladder-ways, where men must ascend and descend, going to and from their work. In case the mine inspector shall find that a place is dangerous from any cause as aforesaid, it shall be his duty to order the men engaged in work at the said place to- quit work immediately, and he shall notify the superintendent, agent or person in charge to secure the place from the existing danger, which said notification or order shall be in writing, and shall clearly define the limits of the dangerous place, and specify the work to be done or change to be made to render the same secure, ordinary mine risks excepted. It shall also be the, duty of the mine inspector to command the person, persons'or corporation working" said mine, or the agent or boss of such person, persons or corporation under his jurisdiction, to furnish all shafts of their mines with some secare safeguard at the top of the shaft so as to guard against accidents by persons falling therein or by material falling down the same, also a covering overhead on all the car- tiages on which persons ascend or descend up and down the shaft, if in his judgment it shall be practicable and necessary for the purpose of safety. Liability of 342. Sec. 4. If any man or men are allowed to continue work minea, etc , for in any placc condemned by the mine inspector, except to do the oXrfd?* ^°^^ required to be done to insure safety before said place has Inspector. received the necessary changes to secure the safety (ordinary risks of mining excepted ) of the laborers engaged therein, the person, persons or corporation operating said mine shall be liable for all accidents causing injuries or death to employes working in or about such place until the order referred to in the preceding sec- tion shall have been complied with or revoked. Dutyof owner, 343. Seo. 5. It shall be the duty of the person, persons or etc., of mlneB, .. ,, -^i, '■ m ■, ^ i In assisting Corporation, or the superintendents or agents of the same, when laminations. ^^^ ^^^^ inspector arrives at any mine on his official business, to furnish for his inspection all maps, drawings and plans of the mine, together with plans of all contemplated changes in the manner of working the mine, or any part thereof; to furnish him with such suitable person or persons as he may desire to accom- pany him through the mine or any part thereof; and also to fur- nish him with suitable ladders and other necessary appliances to make a proper inspection ; and should they, or any of them, neglect or refuse to comply with any of the provisions of this section, such refusal or neglect shall be punished by a fine of not less than one hundred nor more than five hundred Hollars for each and every offense. mulllilf ^**- Seo. 6. The salaries for the mine inspector and the Inspector, how assistauts SO elected shall be paid out of the treasury of the county MINE INSPECTION. TEN HOURS, A LEGAL DAY'S WORK. 95 iu which he serves on vouchers similar to those used hy other -county officials, and in addition thereto he shall be entitled to mileage at the rate of four cents per mile for the actual distance traveled while on official business. 345. Sec. 7. When ten persons working in any mine, or place Ten persons where mining is done, shall notify the mine inspector, in writing, Mn^se'insTeo?^' that his services are needed, he shall immediately make inspec- "°°- tion, or send any one of his assistants to do so : Provided, how- ever, That it shall be made to appear to said inspector that they. Proviso as to the said men so complaining, have called the attention of the tionof superin- superintendent, agent, mining captain, or boss to the condition aang™?' °''''" '° ^f such place, pointed out the danger in working therein or thereat, and the said person or persons so notified have either neglected or refused to make the same secure or safe for work, ordinary mine risks excepted. 346. Sec. 8. It shall be the duty of each of the inspectors of ^(""""g^^J"' mines appointed under this act to make and file with the clerk wben med. ' of the county for which he was appointed, at least ten days before the time fixed by law for the annual autumn meeting of the board of supervisors, an annual report of his acts and proceedings under this act, specifying, among other things, the number of What to specify. mine accidents occurring during the preceding year causing either death or injury to persons, giving the name of the mine where, and the circumstances surrounding said accidents, and so classi- fying said accidents as to show what occurred through the fault or negligence of employers and those occurring through the fault or negligence of employei, and giving the results of inquests, if any have been held, in case of accidents causing death. TEN HOURS, A LEGAL DAY'S WORK. Act 137, Laws of 1885, entitled, " An act making ten hours a legal day's work." 347. Sectiok 1. The People of the State of Michigan enact> wsere to appij^ "That in all factories, workshops, salt blocks, saw-mills, logging or lumber camps, booms or drives, mines or other places used for mechanical, manufacturing, or other purposes within the State of Michigan, where men or women are employed, ten hours per day shall constitute a legal day's work, and any proprietor, stock- work in excess holder, manager, clerk, foreman, or other employers of labor "' '°'""'"™- who shall require any person or persons in their employ to per- form more than ten hours per day, shall be compelled to pay such employes for all overtime or extra hours at the regular per -diem rate, unless there be an agreement to the contrary. 348.' Sec. 2. That in all contracts, engagements, or agree- When not ot^er- ments to labor in any mechanical, manufacturing, or other labor mentioned ten dialling, where such contracts or agreements /are silent, or Tao'l^J^^l'^l express conditions specified, ten hours shall constitute a day's work, and the contract or agreement shall be so construed. 349. Sec. 3, Any individual, firm, agent of any corporation, '^^l^°,^l^ or other employers of labor who shall take any unlawful advan- misdemeanor. tage of any person or persons in their employ, or seeking employ- ment, because of their poverty or misfortune, to invalidate any 96 PUBLIC-HEALTH LAWS OF MICHIGAN. of the provisions of the preceding section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five dollars, nor more than fifty dollars for each offense, and it shall be the duty of the prosecuting attorney of the county in which such offense was committed, upon receiving complaint, to prosecute all such cases in the name of the People of the State of Michigan, before any justice of the peace or other competent court of jurisdiction, 350. Sec. 4. All fines collected for violation of this act shall be turned over to the school board, or board of education of the city or township wherein such fine may be collected, and the same shall by them be disbursed for and in benefit of the public, schools. 351. Sec. 5. Nothing in this act shall be construed to apply to domestic or farm laborers, or other laborers who agree to work more than ten hours per day. Penalty. Duty of proae- cutlDg attorney, Disposition of fines. Not to apply to farm, etc., laborers. VIII,— SAFETY OP TKAVEL :— LAW OF THE EOAD, PUBLIC CAHEIAGES, HIGHVfATS, STREETS, SIDEWALKS, CROSSWALKS, BRIDGES, CULVERTS, PERRIES, DANGER-SIGN-ALS AT ICE-CUT- , TISTGS, SHAFTS, PITS, RAILROADS. Persone meet- ing with car- riages, etc., to turn to the rtght. 2 Gri,y, 181. Penalty, etc, for violating preceding section. Proviso. Penalty for em. ploying driver addicted to drunkenness. LAW OF THE EOAD, REGULATION OF PDBLIC CARRIAGES. Chap. U of Revised Statutes of 1846, Chap. 66 of Comp. Laws of 1871. 352.* (200a.) Section 1. Whenever any persons shall meet each other on any bridge or road, traveling with carriages, wagons, carts, sleds, sleighs, or other vehicles, each person shall seasonably drive his carriage or other vehicle to the right of the middle of the traveled part of such bridge or road, so that the respective carriages, or other vehicles aforesaid, may pass each other without interference,— § 1456. 353. (2003,) Sec. 2. Every person offending against the pro- visions of , the preceding section shall, for each offense, forfeit a. sum not exceeding twenty dollars, and shall also be liable to the party injured for all damages sustained by reason of such offense : Provided, That proceedings shall be commenced for the recovery of siich forfeiture within three months after the offense shall have been committed, and any action for such damages shall be commenced within one year after the cause of action shall have accrued.— § 1457. 354. t (2004.) Sec. 3, No person owning, or having the direc- tion or contrbl of a ny coach, or other carriage or vehicle, running ihJf^^^^lf^-^ ®w''' ^^• "J'^^ traveled part of the road " is not confined merely to- 4 Plckflls ^^^^l-t™"!^- ■D»"*«'« "• CJcgs, as Mich., 32, 42 ; aarh v. cSmTr^nwi^th, 82^ 46.*' ^^ *° "™® within which suit must be brought, see Daniels v. Cleao, 28 J«lch.,. LAW OF THE ROAD, REGULATION OF PUBLIC CARRIAGES. 97 or traveling upon any road in this State, for the conveyance of passengers, shall employ, or continue in employment, any person to drive such coach, carriage, or other vehicle, who is addicted to drunkenness, or to the excessive use of intoxicating liquors; and if any such person shall violate the provisions of this section, he shall forfeit at the rate of five dollars per day for all the time during which he shall have kept such driver in such employment. — § 1458. 355. (2005.) Sec. 4. If any driver, whilst actually employed owner of coacu, in driving such coach, carriage, or vehicle, shall he guilty of oiiMgedriTer. intoxication, it shall be the duty of the owner or person having beiSg'intoS-'''^ the charge or control of such coach, carriage, or other vehicle, on oa'ea- receiving written notice of the fact, signed by any passenger who witnessed the same, and certified by him under oath, forthwith to discharge such driver from such employment; and every person who shall retain or have in such service within pix months after the receipt of such notice, any driver who shall have been so intoxicated, shall forfeit at the rate of five dollars per day for all the time during which he shall keep any such driver in any such employment after receiving such notice. — § 1459. 356. (2006.) Sec. 5. No person drivin'g any carriage or Driver running vehicle for the conveyance of passengers for hire upon any road mMemMnOT,"' or highway in this State, with or without passengers therein, e'o- shall run his horses, or cause or permit them to run, upon any occasion, or -for any purpose whatever ; and every person who shall offend against the provisions of this section, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days, or both, at the discretion of the court.— § 1460. 357. (2007.) Sec. 6. It shall not be lawful for the driver of Penalty on .^ '■,.,! J. j.-i.-i. driver for leav- any carriage used for the conveyance of passengers for hire, to ing horses leave the horses attached thereto, while any passenger remains in "°*»s'«''=*- or upon the same, without making such horses fast with a saffi- cient halter, rope, or chain, or witlp>out some suitable person to take the charge and guidance of them, so as to prevent their run- ning ; and if any such driver shall violate the provisions of this section, he shall forfeit a sum not exceeding twenty dollars ; but no prosecution shall be commenced therefor after the expiration of three months from the time of committing the offense. — § 1461. 358. (2008.) Sec. 7. The owners of every carriage running owners of or traveling upon any turnpike road or public highway, for the ?„ infaries'''-* conveyance of passengers for hire, shall be liable, jointly and sev- f™«,?? empToy! erally, to the party injured in all cases, for all injuries and dam- age done by any person in the employment of such owners as a driver, while driving such carriage, to any person, or to the property of any person, whether the act occasioning such injury or damage be willful, negligent, or otherwise, in the same man- ner as such driver would be liable. — § 1462. 13 98 PUBLIC-HEALTH LAWkS OF MICHIGAN. Unlawful to allow steam vehicle to stand on bridge. Owner, etc., to ^end person In advance, when moving the same. Duty of owners, etc., on the approach of persons with horses, etc. Blowing steam whistle on high- ways a misde- meanor. Punishment for violation of act. Not to apply to railroads. REQDLATION OF THE USE OF STEAM ENGINES, WAaONS, AND OTHER VEHI_ CLES ON PUBLIC HIGHWAYS. Act No. 146, Laws Of 1887, entitled, "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." 359. SBCTioif 1. The People of the State of Michigan enact, That it shall be unla'vyful for any person, company or corpora- tion 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 (incorporated vil- lages and cities excepted), to notify and warn persons traveling or using said highway, road or street with horses or other domes- tic 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 oi^ owners, agent, servant or employ 6 of such steam vehi- cle, carriage or engine having the same in charge, shall cause the same to be stopped and the steam of such engine to be imme- diately shut off, and to render such assistance as will enable such team or teams of horses, or domestic animals, to pass in safety; and at night said person shall carry a red light, except in incor- porated cities and villages. ' 360. Sec. 3. 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 pr sounded, any steam whistle while so traveling upon the public highways of this State, shall be guilty of a misdemeanor. 361. Sec. 3. 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 iniprisonment 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 corpor- ation violating any of the provisions of this act shall also be lia- ble 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. 362. Sec. 4. This act shall not apply to railroads. This act is ordered to take effect sixty days after approval by the Governor. / ENCROACHMENTS OF WATER-COURSES ON HIGHWAYS. 99 ENCROACHMENTS OF WATEK-OOURSES ON HIGHWAYS. •Chapter V. of Act No. 243, Laws of 1881. As amended by Act 5i, Laws of 1885. 363. Section 1. When any public highway which passes Dnty oi com- along the bank of any lake, river, or other water-course, and Sghway on'"*" which is not included in the limits of a city, or of a platted vil- e™'^^|j'^gf ' lage, whether incorporated or unincorporated, shall, by the fall- away. ing or washing away of the bank, or from any other cause become reduced to a width of less than fifty feet, it shall be the duty of -the commissioner, acting upon his own knowledge, or on being notified thereof in writing, by any person of adult age, such notice stating the place or places where such defect exists, to proceed within ten days and examine the same, and if he finds it to be less than fifty feet wide, he shall forthwith lay out, open, and work such highway in and upon the adjacent land to the width of fifty feet ; and if such land be inclosed, he shall, within ten days, give notice in writing to the owner or occupant of such land, requiring such owner or occupant within thirty days to remove the fence, hedge, or other structure forming the enclos- ure, back from the bank far enough to admit of such opening and working, and if such owner or occupant shall neglect to remove the same, as required by such notice, it shall be the duty of the commissioner forthwith to remove such fence or other structure, doing the owner or occupant no unnecessary damage in making such removal. In cities, and platted villages, whether ^° «'»J,|^ »°^y „, incorporated or unincorporated, streets or public highways municipality, reduced in width as aforesaid, shall be restored, repaired, and protected by the municipal corporation having charge of such streets or highways. In St. Clair county streets or highways, ' in st.ciairOo. reduced in width as aforesaid, shall be restored, repaired, and ' protected by the highway commissioners of the respective town- ships within such county where such streets or highways are sit- uated.— § 1365. As amended by Act 54, Laws of 1885. 364. Sec. 2. When any such highway is less than fifty feet ^^^iJJ."^!"""? "^ wide, and more than thirty-five feet wide, the commissioner may, in his discretion, instead of widening the same, erect near the edge of the bank, and thereafter maintain in good order, a sub- stantial railing or fence, which shall be at least three feet high and sufficiently strong to prevent persons, carriages, and animals from falling over such bank. — § 1366. 365. Sec. 3. When any dwelling house or other building ^^l^^^^^i shall stand so near any lake, river, or other water-course, where being wiaened. a highway, which is not included in the limits of a city, or of a platted village, whether incorporated or unincorporated, (and not included in the, county of St. Clair) intervenes, that there shall not be room for a road at least thirty-five feet wide, then the commissioner shall, within ten days after having knowledge of the fact, give thirty days' notice in writing to the owner or occupant of the land to be taken, and to the owner or occupant of such house or other building, of his intention to open a high- 100 PUBLIC-HEALTH LAWS OF MICHIGAN. Damages where road Is widened, -etc. way in the rear of such hpuse or other building, and if auch house or other building shall, within the Said thirty days, be moved back far enough to admit of a road being opened and worked at least thirty-five feet wide in front thereof, then the commissioner shall widen such highway in front of such house or other building; but if such house or other building shall not be so removed, he shall then proceed without further delay to lay out a highway in the rear of such house or other building, not ProTiBo. less than fifty feet wide: Provided, Said road shall not be laid out within one hundred feet of any dwelling house. 366. Sec. 4. Whenever any commissioner, acting under the provisions of this chapter, shall remove or cause to be removed any fence, hedge, or other structure forming the enclosure, and shall take any land to widen a highway, or shall lay out a highway in the rear of any house or other building, he shall award such damages to the owner of the property taken, and for removing such fence, hedge, or other structure forming the enclosure when done by the owner, as to him shall seem just and reasonable, and shall tender to the person entitled thereto an order on the treasurer of his township for the amount of any damages awarded to such person; but when no owner, occupant, or agent of the property taken resides or can be found in his township, then the commissioner shall deposit such order with the clerk of his township, who shall deliver the same to the per- son entitled thereto when applied for; Provided, That any per- son dissatisfied with the amount of damages awarded by any commissioner in any action had under this chapter, may appeal from such award in the same manner that the action of a com- missioner in laying out, altering, or discontinuing a highway, may be appealed from, and subject to the same conditions and liabilities as in such cases provided, but no such appeal shall have the effect to delay any proceedings hereinbefore by this chapter authorized to be had. — § 1368. 367. Sec. 5. It shall be the duty of the commissioner of high- ways of each township to see that all plank or gravel road com- panies, or companies owning or controlling any kind of toll road, maintain their roads in as good and safe condition as he is required to keep the public highways of his township. When any such plank, gravel, or toll road shall become defective, he shall serve a written notice upon any officer or agent of the company own- ing or controlling the same, describing the locality where such defect exists, and requiring such company to repair such defect- within thirty days from the receipt of such notice; and every such company failing to comply with the requirements of such notice shall for every such offense, be subject to a penalty of fifty dollars.— § 1369. 368. Sec. 6. All proper expenses incurred by any commis- sioner in complying with the requirements of this chapter shall be by him reported in writing to the supervisor of his township on or before the first Monday of October following, and the super- Provlso, Commissioner to see tbat toll roads are kept In repair. Expenses, bow paid. PROTECTION OF BRIDGES. FAST DRIVING OVER BRIDGES. 101 ■visor shall levy the amount thereof upon the taxable property of his township in the same manner as other township taxes. — § 1370. PROTECTION AND PRESERVATION OF BRIDGES. From otap; VII., Act 243, Laws of 1881. 369. Sec. 8. The commissioner of highways of any township, Notice as to •or common council of any city or village, may put up and main- bridgesr"^ °" •tain, at the expense of their township, city, or village, in conspic- uous places at each end of any bridge in such township, city, or village, maintained at the public charge, and the length of whose •chord is not less than twenty-five feet, a notice with the following words in large characters: "Five dollars fine for riding or driving ■on this bridge faster than a wal'k;" and in case such bridge shall be over one hundred feet in length, or shall have a draw or turn- table therein for the purpose of opening the same, such notice may be: "Ten dollars fine for riding or driving on this bridge faster than a walk, or driving on more than ten head of cattle at a time ;" or such other sum not to exceed twenty-five dollars, may be mentioned in such notice as such commissioner or com- mon council shall deem proper. — § 1386. 370. Sec. 9. Whoever shall offend against any such notice ^5°*^'^'™ thus posted and there being, shall forfeit for every offense the against notice, sum mentioned in such notice, and the same may be collected in the name of such commissioner, city or village authorities, as the case may be. The provisions of this and the last preceding section shall extend to bridges owned and controlled by private persons, companies, or corporations, who are hereby vested with the same authority, touching said bridges, as are conferred upon townships and municipal corporations. — §1387. FAST DRIVING OVER COUNTY BRIDGES. Act No. 87, Laws of 1883, entitled, "An act to prevent fast driving or riding over bridges owned by counties." 371. Section 1. The People of the State of Michigan enact, m\f^^^^^„ That whenever any county in this State shall own any bridge bridges .across a navigable stream the board of supervisors may make p™""'"^^ rules to prevent fast riding or driving thereon, and such reason- able rules as may be so made shall have full force and effect as to all persons passing over such bridge, and any person violating Penalty for. the same shall be liable to a penalty as hereinafter provided, for -such violation. 372. Sec. 2. No person shall be so liable unless those in *',^^'^'=|^»''» charge of said bridge shall cause to be placed and maintained on bridges, said bridge a notice in large painted letters, as follows: " Five dollars fine for driving or riding faster than a walk on or across this bridge." Any person so offending shall be deemed guilty •of a misdemeanor, and, on conviction, shall be liable to a fine not to exceed five dollars, and in default of the payment of such fine, to imprisonment in the county jail for a period not to •exceed ten days. 102 PUBLIC-HEALTH LAWS OF MICHIGAN. BRIDGES OVER MILL RACES, ETC. Owners and oc- -cupiers of mills and other water- works to main- tain bridges over their races. Duty of com- mlstlocer in case of neglect of owners of mills, etc., to maintain bridges over races. From Act No. 149, Laws of 1855, entitled, "An act to oblige the owners or occupiers^ of mills, or ottier water-works, to keep bridges over tueir races crossing public highways." 373. (1309.) Section 1. The People of the State of Michigan enact. That it shall be the duty of all owners, occupiers, or pos- sessors of mills or other water-works, where any race or races appertaining to the same may cross a public highway, to keep a good and sufficient bridge or bridges, not less than fourteen febt in width, with a substantial railing on each side thereof, over the same, except where said mills have been erected and the- races dug previous to the formation of said highway. — § 1453. 374. (1310.) Seo. 3. In all cases where the owner or owners,- occnpiers, or possessors of any such mill or mills, or other water- works, shall refuse or neglect to make such bridge or bridges, or shall refuse or neglect to keep the same in good repair, it shall be the duty of the commissioner of highways of the town- ship in which such highway may be, to proceed forthwith to- erect or repair such bridge or bridges, at the expense of the per- son or persons whose duty it was to have erected or repaired such bridges. — As amended hy Act 65 of 1875.—% 1454. Acts Persons, etc. owning, etc., drawbridges to to. SAFETY GATES ON SWING AND DRAW BRIDGES. 13, Laws of 1887, entitled, " An act to provide for the Introduction and use of safety gates upon swing and draw bridges." 375. Sectiok 1. The People of the state of Michigan enact. That the corporation, firm or individual, owning or operating ti^w^oachT any bridge within this State, free or toll, used for public travel,, in which there shall be a draw or swing span for the passage of water craft, shall cause to be placed upon the approaches to such bridge, at either end thereof, not farther than ten feet from the- landwird ends of such draw or swing span, a gate or gates of not less than four and one-half feet in height, and of such design,, shape and strength, as to effectually bar the progress of teams, animals and foot passengers [passers] and prevent them from passing upon such draw or swing span when such gates are closed. 376. Sec, 3. Such gate or gates shall be at all times closed before such draw or swing span is opened for the passage of water craft, or any other purpose, and shall be kept closed until such draw or swing is closed, and such bridge ready for public travel; And for each and every time that the draw or swing span of any such bridge is opened for the passage of water craft, or any other purpose, without such gates or gate being closed, or without the same being kept closed during the entire time such draw or swing is open, the corporation, firm, or individual owning or operating such bridge shall forfeit the sum of ten dollars, to be collected according to the provisions of chapter two hundred and ninety- one of Howell's Annotated Statutes, being chapter two hundred and sixteen of the compiled laws of eighteen hundred and seventy- one and the amendments thereto. Gates, when to be closed. Penalty for neglect to close, etc. SAFETY OF BRIDGES. SIDE AND CROSS-WALKS, DAMAGES. 103 377. Sec. 3. Any corporation, firm or individual owning or Penalty for operating any bridge within this State used for public travel hav- eonetJact'gatea. ing a draw or swing span therein, who shall neglect or refuse to construct and maintain such safety gate or gates, so directed as aforesaid, upon either end of suph bridge, shall forfeit for every such neglect the sum of one hundred dollars, and the further sum of ten dollars for each day that such refusal or neglect shall continue, which said sum so forfeited as aforesaid shall be col- lected as provided in section two of this act. 378. Sec. 4. It is hereby made the duty of the several prose- Prosecuting cuting attorneys of this State, within thirty, days after this act ^nspecrbridges, shall take effect, to make personal inspection of all bridges lying '"=• wholly or partly within their respective counties, which have a draw or swing span therein, and if such gates or gate have not been placed upon any such bridge, to at once proceed against the corporation, firm or individual owning or operating such bridge for non-compliance with this act. Such prosecuting attorneys ?°"iMpeoting. shall be entitled to receive the sum of ten cents per mile, going and returning, for every mile necessarily traveled in making inspection as aforesaid of any bridge within their jurisdiction, to be paid by the county. 379. Sec. 5. Actions for the recovery of forfeitures and 4«'^™?/°'; penalties incurred by reason of non-compliance with the provis- p™"'''^= ^^^^^ ions of this act shall be brought before the circuit court or the ™"* circuit court commissioner of the county in which such bridge or any part thereof is situated, but such trial shall be had by the court unless such defendants demand a jury. The fees of such commissioner, witnesses, officers and jury, if there be one, shall . be the same as in criminal cases in justice courts, and shall be paid by the county. 380. Sec. 6. The circuit courts shall have power within their f^^JJ"""""" respective counties to compel compliance with the provisions of this act by writ of mandamus. SIDEWALKS AND CROSS-WALKS IN UNINCORPORATED VILLAGES. Act No 176, Laws of 1881, entitled, " An act to empower overseers of highways to con- struct sidewalks and crosswalks in unincorporated villages." 381. Section 1. The People of the State of Michigan enact, o«f;^^«;^« »' That in all unincorporated villages, overseers of highways are authorized to hereby authorized to layout and expend such portion of the ;X'?n unin." township highway funds in their hands or under their control as ^J,'jP°;»««* they shall deem reasonable for that purpose for the construction, care, and maintenance of suitable sidewalks and cross-walks in such villages. — § 1447. DAMAGES BY DEFECTIVE HIGHWAYS, BRIDGES, CROSS-WALKS, ETC. n.«™ A „!■ Ml la wa nf 1RS7 entitled " An act to provide for the recovery of damages ^fo?it?urtes caused or ^Justained by reason of defective public highways streets hriflffe8 8idewtlki cross-walks, or culverts, and to repeal act number two hundred ' and fOTtv-four of the public acts of the year eighteen hundred and seventy-mnft beinsoomollOT's seotiSns one thousand four hundred and forty-two, one thousanti fnur^hu^dred and forty-three, one thousand four hundred and forty-four, one thSLaSd four hSSdred and forty-flve, and one thousand four hundred and forty- six of Howell's Annotated Statutes of Michigan." 104 PUBLIC-HEALTH LAWS OF MICHIGAN. Persons Injured 'by reason of neglect to keep 'In repair high- ways, etc., may recover damages. Injury to prop- erty by reason of neglect to beep In repair highways, etc.. damages for. Duty pf town- ships, villages, etc.. to keep In repair high- ways, etc. Highway and street commis- sioners, etc., officers of townships, etc. 382. Section 1. The People of the State of Michigan enact, That any person or persons sustaining bodily injury uppn any of the public highways or streets in this State, by reason of neglect to keep such public highways or streets, and all bridges, side- walks, cross-walks and culverts on the same in reasonable repair, and in condition reasonably safe and fit for travel by the town- ship, village, city or corporation whose corporate authority extends over such public highway, street, bridge, sidewalk, cross-walk or culvert, and whose duty it is to keep the same in reasonable repair, such township, village, city or corporation shall 'be liable to and shall pay to the person or persons so injured or disabled just damages, to be recovered in an action of trespass on the case before any court of competent jurisdic- tion. 383. Sec. 2. If any horse or other animal, or any cart, car- riage, or vehicle, or other property, shall receive any injury or damage by reason of neglect by any township, village, city, or corporation to keep in repair any public highway, street, bridge, sidewalk, cross-walk or culvert, the township, village, city, or corporation whose duty it is to keep such public highway, street, bridge, sidewalk, cross-walk or culvert in repair shall be liable to and shall pay the owner thereof just damages, which may be recovered in an action of trespass on the case before any court of common jurisdiction: Provided, That in all actions brought under this act it must be shown that such township, village or city has had reasonable time and opportunity after knowledge by or notice to such township, village or city that such highways, streets, bridges, sidewalks, cross-walk, or culvert have become unsafe, or unfit for travel, to put the same in the proper condi- tion for use, and has not used reasonable diligence therein after such knowledge or notice. HIGHWAYS, STREETS, BRIDGES, ETC., MUST BE KEPT IN REPAIR. 384. Sec. 3. It, is hereby made the duty of townships, vil- lages, cities, or corporations to keep in reasonable repair, so that they shall be reasonably safe and convenient for public travel, all public highways, streets, bridges, sidewalks, cross-walks and culverts that are within their jurisdiction, and under their care and control, and which are open to public travel, and when the means' now provided by law are not sufficient to enable any township, village or city to keep its public highways, streets, bridges, sidewalks, cross-walks and culverts in good repair such township, village or city is hereby authorized to levy such additional sum upon the taxable property of such township, village or city, not exceeding five mills on the dollar, in any one year, as will enable such township, village or city to keep its public highways, streets, bridges, sidewalks, cross-walks and cul- verts in good repair at all times. Highway commissioners, street commissioners, and all other officers having special charge of highways, streets, bridges, sidewalks, cross-walks, and cul- verts, and the care or repairing thereof are hereby made and EEPAIRS TO HIGHWAYS, ETC. EEGULATION OF FERRIES. 105 declared to be the oflBcers of the township, village, city, or cor- poration wherein they are elected or appointed, and shall be •subject to the general direction of such township, village, city or oorporate authorities in the discharge of their several duties. 385. Sec. 4. The provisions of this act shall not apply to this act not to public highways which have not been in use for ten years; but wlhwlya!"^'*"' nothing in this section shall be construed as exempting town- ships, villages or cities from maintaining their streets, bridges, sidewalks, cross-walks and culverts, and the approaches to bridges in safe condition for public travel. 386. Sec. 5. No township, village or city in this State shall Townships, be liable in damages, or otherwise, to any person or persons for not iiabie tor bodily injury, or for injury to any property sustained upon any n™e/tU8act!" of the public highways, streets, bridges, sidewalks, cross-walks or culverts, in such townships, villages, or cities, except under and according to the provisions of this act, and the common law liability of townships, villages and cities in this State, for or on account of bodily injuries sustained by anj' person by reason of neglect to keep in repair public highways, streets, bridges, sidewalks, cross-walks or culverts is hereby abrogated. REGULATION OF FERRIES. From chap. 29, Revised Statutes of 1846, chap. 30, Oomp. Laws of 1871. 387. (1325.) Section 1. "The board of supervisors of each License of of the counties of this State may grant licenses for keeping fer- auuiMized. ries> in their respective counties, to as many suitable' persons as they may think proper, which licenses shall continue in force for a time to be specified therein by said board, not exceeding ten year8."--^s amended ly Act 166 of 1869.—% 1463. 388. (1331.) Sec. 9. If any person shall use any ferry for persons nsing transporting across any river, stream, or lake, persons, goods, f"ensr.'gumy chattels, or effects, for profit or hire, unless authorized in the ot misdemeanor., manner directed in this chapter, such person shall, be deemed guilty of a misdemeanor, and on conviction thereof shall be sub- Penalty, ject to such fine as the court may adjudge, not exceeding twenty dollars for each offense. — § 1469. . 389. (1334.) Sec. 12. Ferry landings shall be deemed public J«JJJ»»^'°f» highways, and may be laid out, constructed, maintained, altered, wgnways. or discontinued in the same manner and shall in all respects be subject to the same regulations, so far as they may be applicable, as other public highways and bridges; and any public highways along the border of, or terminating upon the waters of any stream, river, or other body of water across which a ferry is licensed, may be used as a landing for such ferry, subject to such rules and regulations as the authorities having control over highways may [be] establish; and such use shall be deemed a proper use thereof as a highvr&j.— Added by Act 189 of 1871.— 1 1472. 106 PUBLIC-HEALTH LAWS OF MICHIGAN. DANGER-SIGNALS AT PLACES OF CDTTINQ ICE. Act No. 100, Laws ol 1877, entitled, " An act to compel parties engaged in securing ice to erect danger signals. Danger signals 390. SECTION 1. The PeopU of tliB State of MicMgau enact^ ^°h^en"lts'cut. That it shall be the duty of any person or persons who are, or who may herekfter be, engaged in the procuring of ice from any of the streams or lakes of this State to erect or cause to be erected, place, or cause to be placed, at or near all places where they shall be cutting ice, suitabliB danger-signals.— § 9119. Penalty for 391. Seo. 2. Any person or persons who shall neglect or neglect. refuso to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by imprisonment in the county jail not more than three months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment. — § 9120. ENCLOSING OE FILLING OP SHAFTS, PITS, ETC. Act 188, Laws of 1885, entitled, "An act to provide for enclosing, filling or fencing of any shaft, pit hole, or trench on any nninclosed or unoccupied lands within this State." Shafts, etc., 392. Sectiok 1. The People of the State of Michigan enact, most be fence , rjij^^j. ^^^^ person OT Corporation who shall sink, dig or cause to be sunk or dug, any shaft, pit hole or trench on any uninclosed or unoccupied land within this State to a depth of four feet or more for the purpose of exploring for minerals or making other discoveries, shall fill the same or erect or cause to be erected around the same a good substantial fence or enclosure not less than four feet high. mMemeanor *^^*^* ^^'^" ^* ^^^ pcrson or agent of any corporation who penalty for. ' shall violate the provisions of this act shall be guilty of a mis- demeanor, and on conviction thereof shall be fined in a sum not- exceeding one hundred dollars or imprisoned in the county jail for a period not exceeding three months in the discretion of the magistrate before whom the conviction is had, and shall in addi- tion thereto be liable to an action for damages resulting from said non-compliance for injuries to either person or property. KAILEOADS. — SANITARY AND POLICE REGULATIONS. — COMMISSIONER OF RAILROADS. Note: — The railroad laws of the State of Michigan have been compiled by the Deputy Commissioner of Raifroads, and printed in a separate book, in which also is a digest of decisions, by the Supreme Court of Michigan, relating to railways. Some of the laws on "Police Regulations" have- beon printed in pamphlet form. Brief extracts from the railroad laws relating more especially to public health and safety are as follows:— From Act No. 79, laws of 1873, entitled, "An act to provide for the appointment of &. commissioner of railroads, and to define his powers, duties, and fix his compen- sation." 394. Part of Sec. 5 of this act, is as follows: — * * * He may, also, in the same manner as the deputy com- missioner is appointed, and under the same conditions and limi- tations as provided herein, appoint a mechanical engineer, whose duty it shall be, under the instructions of the commissioner, to RAILROADS.— SANITARY AND POLICE REGULATIONS OF, ETC. 107 make technical inspections and reports of the condition and working of all air and power brakes and fixtures, automatic or safety couplers, heating apparatus, train signals and other appli- ances connected with the construction and running of locomo- tive engines and cars, also of the condition, character and work- ing of yard and switch lamps, semiphore safety signals, switches, common and interlocking, frogs and guard rails, whether the game are blocked or otherwise treated, as required by law, also of the condition and [sufficiency] sufficient of bridges and other [structures] structure connected with the permanent way, and of the condition and sufficiency of all equipments, freight and passenger houses, as regards the public safety, health and cop.- venience, and of such other matters and things as the commis- sioner may deem essential to a full and thorough information as to the physical condition of the several railroad properties of the State and the proper enforcement of the police regulations enacted for the control and management of the same. * * * 395. Sec. 10. Said commissioner shall, on or before the first commiasioner day of January in each. year, and oftener if required, make aannaaiiyto report to the governor of his doings for the preceding year, or sovernor. for the time intervening since his last report, containing such ^°°'™'° °' facts, statements, and explanations as will disclose the actual workings of the system of railroad transportation of freight and passengers, and its bearings upon the business prosperity, per- sonal convenience, and safety of the people of the State, with such suggestions in relation thereto as to him may seem appro- priate. * * * He shall also at such times as the governor shall direct, or at any other time he (the said commissioner) shall deem advisable, examine any particular subject connected with the condition and management of railroads, and report to the governor, in writing, his opinion and doings thereon, and his reasons therefor ; all of which reports shall be laid before the legislature, at its next regular or special session thereafter. — §3294. 396. Sec. 11. Said commissioner shall examine into the con- JJf^^^j^Jl^^'Jto. dition and management of all other matters concerning the bus- condition and iness of railroads in this [the] State, so far as the same affect or raurold"^"'" relate to the interests of the public, and to the accommodation and security of passengers or persons doing business therewith ; and whether such railroad companies, their officers, directors, man- agers, lessees, agents, and employes; comply with the laws of this State now in force, or which shall hereafter be in force, concern- ing them, and such other matters as he may deem important ; and for such purpose said commissioner shall have the right to May examine examine the books, papers, records, and vouchers of any railroad papers, officers corporation in this State, in his discretion ; and he shall have ?Xoad'cTpo.°^ power to examine, under oath or affirmation, any and all direc- "'1™=- tors, officers, managers, lessees, employes, or agents of any such railroad corporation, and any other persons, concerning any mat- ter relating to the condition and management of the business of such corporation. — § 3295. 108 PUBLIC-HEALTH LAWS OF MICHIGAN. CommlBBloner to examine tracks, bridges, •eto. " May direct rate of speed ■until repaired. Penalty for neglect to run -as directed. Where prosecu. tlon may be had. May stop rnn- alng of trains. Payment of «xpert. 397. Sec. 14. Whenever the commissioner shall have reason- , able grounds to believe, either on complaint or otherwise, that any of the tracks, bridges, or other structures of any railroad corpora- tion of this State are in a condition which renders any of them dangerous or unfit for the transportation of passengers with rea- sonable safety, it shall be his duty to inspect and examine, or cause the same to be inspected, examined, and tested by some competent person or persons, and for that purpose he. the said commissioner, may employ some person possessing especial knowl- edge and skill in the construction of railroads and bridges, as an expert, and if, on such examination, in his opinion, or in the opinion of said expert, any such track, bridges, or other struct- ures or works, are unfit for the transportation of passengers with reasonable safety, it shall be his duty to give to the superintend- ent or other executive oflScer of the corporation working or oper- ating said defective track or bridge, or other structure, notice of the condition thereof, and of the repairs necessary to place the same in a reasonably safe condition. He may also order and direct the rate of speed of passing trains over such dangerous or defective track, bridge, or other structure, until [the] said repairs shall be made, and the time within which such repairs shall be made by the company ; and if any superintendent or other execu- tive officer aforesaid, receiving such notice and order, shall will- fully neglect, for the period of two days after receiving such notice or order, to direct the proper subordinate officers of said corporation to run the passenger trains over such defective track, bridge, or other structure, at the speed so prescribed by the com- missioner, or if any engineer, conductor, or other employe of such company shall knowingly disobey such order, every such superintendent, officer, conductor, or employe shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be fined in any sum not exceeding five hundred dollars, or be impris- oped inihe State prison or jail of the county in which such con- viction is had, for a period not exceeding one year, or both such fine and imprisonment in the discretion of the court. Such superintendent, officer, conductor, or employ^ may be prosecuted for such offense in any of the counties of this State through which said road may run. And the said commissioner shall have power to wholly stop the running of passenger trains over such defective track, bridge, or other structure, if said company shall neglect or without reasonable cause fail to make such repairs within the time prescribed by said commissioner; and such com- pany for each and every day that ensues thereafter, and until such repairs are made, shall forfeit and pay to the State the sum of one hundred dollars. In case of the employment of an expert, as provided for in this section, the commissioner shall issue a certificate signed by himself, which certificate shall set forth the amount of time said expert has been employed, and the pay he IS to receive therefor, which certificate shall entitle the holder thereof to receive the amount mentioned therein, in the same RAILROADS.— SANITARY AND POLICE REGULATIONS OF, ETC. 10» manner as other employes of the State are paid. — As amended by Act. 214 of 1881.—% 3298. 398. Sec. 17. Whenever, in the opinion of the commissioner Biagmeuat of railroads, the safety of the puhlic would be more efficiently ""'''"^s- secured by stationing a flagman to signal trains where a high- way or street is crossed by any railroad, or when one railroad [crosses] crossing or intersects another railroad, or by the build- ing of a gate or bridge at such highway, street, or railroad crossing or intersection, or street railway crossing, he shall direct the corporation or corporations owning or operating any such railroad or railroads to station a flagman, or to erect and main- tain a bridge or gate at such crossing as the public safety may demand ; and in case such flagman is directed to be stationed, or gate or bridge directed to be erected and maintained where one railroad crosses or intersects another, the expense thereof shall ^j'Jp™'^' °*' be borne jointly in equal proportions by the companies owning or controlling each of said railroads. Any corporation or cor- Forfeiture lor porations neglecting or refusing to construct and maintain such °^^'^°'' "''■ gate or bridge, or to maintain such flagman so directed as afore- said, shall each forfeit for every such neglect or refusal the sum of one hundred dollars, and the further sum of ten dollars for every day which such neglect or refusal shall continue j and if ^ff^'^eto said flagman shall neglect to display his flag, or perform such other duties as may be required of him by said commissioner, 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 Proviso, railroad shall, not be released from liability therefor, but shall be subject to the same liability at the option of the aggrieved partv. — As amended ly Act 212, Laws of 1889. 399. Sec. 19. Whenever it shall come to the knowledge of ProsecuHon for such commissioner, either upon complaint or otherwise, or he raiiroan laws. shall have reason to believe that any law or laws pertaining to railroads have been or are being violated, he may, if he deem it expedient, prosecute, or cause to be prosecuted, all corporations or persons guilty of such violation. In order to enable said f°xrr»i?road commissioner to perform his duties under this act, it is hereby stations. made his duty, at least once in each year, to visit each county in the State in which is or shall be located a railroad station, and personally examine into the management of such railroad or railroads. — § 3303. 400. Sec. 22. This act shall not be so construed as to waive s^J^f°J^Pj5[»'* or aflect the right of any person injured by the violation of any barred. law in regard to railroad corporations to sue or prosecute for his private damages in any manner allowed by law.— § 3306, 401.* Sec. 26. The commissioner of railroads shall ^^^^ ^.^'^^^^^l^ power, and it shall be his duty, if he shall deem it practicable, de^e™J^°« ^^ *m Sbc i5of Art IV., ActNo. 198. Laws of 1873, as amended by Act No. 234, Laws of IWW contains explicit provisions as to construction of fences, cattle-guards. farm- Sings" gates, ba?s, etc. See also Sec. 17 of same article, as amended by same act. 110 PUBLIC-HEALTH LAWS OP MICHIGAN. in all cases, to inspect and determine the suflaciency of all fences required by law to be constructed and maintained by railroad companiesj and lie may prescribe the manner of constructing, and the time within which it shall be ione.— Added by Act 175 of ISSI.— §3308. To preeoribe 402. Sec. 28. Authority is hereby given to said commissioner, r'sf^aiftfbT and it shall be his duty, if he shall deem it practicable, to pre- mised, etc. scribe the use of the interlocking switch and signal system, or some other system that will secure equal safety of the operation of trains of cars at all crossings and junctions of railroads in this State.— ^s added by Act 175 of 1881, and amended by Act 212 of 1889.—% 3310. RUNNING AND MA-NAQEMENT OF TRAINS. Krom Act No. 198*, Laws o£ 1873, entitled, "An act to revise the laws providine for tlie incorporation of railroad companies, and to regulate the running and manage- ment, and to fix the duties and liabilities of all railroads, and other corporations owning or operating any railroad in this State," as amended by acts 98 of 1875, 177 of 1877, 63 and 207 of 1879, 174 of 1883. FROM ARTICLE IV. — POLICE REGULATION'S. Air-Drakes upon 403. SECTION 1. On and after the thirty-first day of October, trXs?" eighteen hundred and seventy-three, [no] on regular passenger trains shall be run in this State without an air brake or some equally effective device for controlling the speed of the trains, to be approved by the commissioner of railroads, which may be applied by the engineer to each car composing the train, and which shall at all times be kept in effective condition of repair looomotives to and ready for use at the discretion of said engineer. And after with'dri?l?ana *be first day of October, one thousand eight hundred and ninety, tender brake, all locomotivc engines and tenders used on the railroads [of] in *'°' this State shall be equipped with a suitable driver and tender brake of some pattern to be approved by the commissioner of railroads, which said device shall be at all times maintained in effective condition of repair and ready for use, and from and after the said last mentioned date [no] on ^mixed trains, [composed] compos- ing partly of passenger and partly of freight cars, on which the air brakes hereinbefore mentioned, provided and required, can- not be applied by the engineer to each passenger car which shall be run in this State for the transportation of passengers, unless the engine and tender on such train shall be equipped with a suitable driver and tender brake, as hereinbefore provided ; and every company, person or corporation owning or operating a rail- road in this state, which shall permit any trains to be run upon such roads without being equipped with brakes, as provided for Penalty for in this scction, shall forfeit for every train so run the sum of one "^'°"""'"'™- hundred dollars, for the recovery of which such company, per- son or corporation shall be liable in an action brought by the Attorney General, or the prosecuting attorney of any county in this State, upon the application of the commissioner of railroads, in behalf of the people of the State, the penalty, when recovered, to be paid into the State treasury, and said companies, persons * By the last clause of the ninth subdivision of Sec. 9 of Art. II. the provisions of this act do not apply to the Paw Paw Railroad. RUNNING AND MANAGEMENT OF RAILROAD TRAINS. Ill or corporations shall also be liable for all damages which shall be sustained by any person by reason of neglect or refusal to comply with the provisions of this law — As amended iy Act 182, Laws of 1889. 404. Sec, %. On and after July thirty-first, eighteen hun- I'lag"*". ea'e. •dred and seventy-three, every company, person, or corporation street oras'sings. owning or operating a railroad within this State shall construct and maintain a gate or gates, or bridge, or maintain a flagman to signal trains at every highway or street crossing on the line of such road, where the same shall be required by the commissioner of railroads as hereinafter provided. Any company, person, or Forfeiture for ■corporation neglecting or refusing to construct or maintain such J""* ■°»'°'**°- .gate or gates, or bridge, or to maintain such flagman where so required as aforesaid, shall forfeit for every such neglect or refusal the sum. of one hundred dollars, and the further sum of tfen dollars for every day while such neglect or refusal shall con- tinue. — As amended iy Act 98 of 1875. — §3364. 405. Sec. 3. Whenever, in the opinion of the commissioner commisstoner -of railroads, the public interests require that a gate be constructed tSailame'iT and maintained at any railroad crossing, or a bridge be built required. -over such railway at such crossing, or that a flagman be sta- tioned and maintained at such crossing, he shall give to the -superintendent of such railroads a written notice that the same is required; and such company, person, or corporation shall con- struct or maintain the same within such time thereafter as said •commissioner shall prescribe. — § 3365. 406. Sec. 4. All gates which, by the provisions of this act, l^'^l^^^^°J' are under the direction of the commissioner of railroads, may be tionof. required to be constructed at street or highway crossings, shall be built in such manner, and within such time, and of such material as shall be approved by the commissioner of railroads, ^nd shall be located on the highway or street on one or both sides of the railroad track or tracks, as the commissioner may •deem the public safety to require, and shall be so constructed as when closed to obstruct and prevent any passage across such railroad or railroads from the side on which such gate maybe located. There shall be a person in charge of every such gate Duties of gate at all hours of the day and night, and it shall be his duty to -close the same at the approach of a train of cars, or of a loco- motive, and to keep it open at all other times; and it shall be the duty of the gate-keeper on either side of one or more tracks to close the gate of which he is in charge on the approach of a train of cars or Ibcomotive on either track. For every neglect l^^^lf^^^^ •of such duty, such person, upon conviction thereof, shall pay the sum of twenty-five dollars, or be imprisoned in the county jail for the period of ninety days, or both, in the discretion of the court. The expense incurred in the erection and mainten- ance of the "ates provided for in this section, and of the neces- 113 PUBLIC-HEALTH LAWS OF MICHIGAN. Use of latoxl. eating drlnka ^y employes proSlbltea. Liability of dranken engineer. Proviso- company not released. Penalty for violating rules of company. Making up passenger trains. Penalty for obstructing the track. Xatnre of the proof. Penalty for throwing mIS' slles at passen- ger trains. sary gate-keepers, shall be shared equally by the railroad companies alongside whose tracks the gates shall be located. — As amended ly Act 98 of 1875.—% 3366. 407. Sec. 5, No person shall be employed as an engineer,, train dispatcher, fireman, baggage-master, conductor, brakeman, or other servant upon any railroad, in any of its operating depart- ments, who uses intoxicating drinks as a beverage; and any company in whose service any such person shall knowingly- be- employed shall be liable to a penalty of five hundred dollars for every such offense, to be sued for in the name of the people of the State of Michigan.— § 3367. 408. Sec, 6. If any person shall be intoxicated while in charge of a locomotive engine, running upon the road of any such company, or while acting as the conductor of any train of cars on any such road, he shall be liable for all damages incurred or produced in consequence thereof, and shall be deemed guilty of a misdemeanor : Provided, That this shall not affect or release the railroad company from any such liability. — §3368. 409. Sec. 7. It shall be the duty of every railroad corpora- tion in this State to furnish to each of its employes of every grade a printed or written copy of its rules and regulations rela- tive to their respective duties, and any conductor, engineer, ser- vant, or other employe of any such railroad corporation, whO' shall knowingly violate any of the printed or written rules or regulations of such company, shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars,. or to an imprisonment in the county jail not more than three months, or both such fine and imprisonment, in the discretion of the covixi.— As amended ly Act 98 of ^575.— §3369. 410. Sec. 11. Informing a passenger train upon any rail- road operated in this State, the engine shall be placed at the head of the train, and no -baggage or freight car shall be placed in the rear of any passenger car; and any ofiBcer, agent, or other employ^ who shall cause them to be so placed, or who shall knowingly suffer the same to be done, shall be deemed guilty of a misdemeanor, and be punished accordingly. — §3373. 411. Sec. 12. If any person shall, by the placing of any impediment upon the track of any railroad, or by any other means whatsoever, throw from said track any engine or cars used thereon, or attempt so to do, whether such engine or cars be thrown from said track or not, or shall by any other means whatsoever willfully endanger, or attempt to endanger, the lives of persons engaged in the work of said road, or persons traveling on the engine or oars of said road, he shall be subject to impris- onment in the State prison daring his natural life, or any num- ber of years, in the discretion of the court. And it shall not be necessary for the people to allege or prove in any such case that the person thereby intended to injure or endanger the life of any particular person or persons. Or if any person shall throw any : stone, brick, or other missile at any passenger train he shall be deemed to be guilty of a misdemeanor, and on conviction thereof RUNNING AND MANAGEMENT OF RAILROAD TRAINS. 113 he shall he fined in an amount not less than ten dollars or more than three hundred dollars, or in default of fine, imprisonment in the county jail for not less than ten or more than ninety days, or by both fine and imprisonment, in the discretion of the court. —As amended by Act 63 of 1879.—% 3374. 412. Sec. 13. A bell of at least thirty pounds weight and a BeiiandwWBtie steam whistle shall be placed on each locomotive engine, and t?be nfed,'"*" said whistle shall be twice sharply sounded at least forty rods ^^f^^^ ""^ before the crossing is reached, and after the sounding • of the whistle the bell shall be rung continuously, until the crossing is passed, under a penalty of one hundred dollai-s for every neglect; Provided, That at street crossings within the limits of incorpo- Proviso, rated cities or villages, the sounding of the whistle may be omit- ted, unless required by the common council or board of trustees of such city or village; and the company shall also be liable for all damages which shall be sustained by any person, by reason of such neglect. Every railroad corporation shall, and they are signal boards. hereby required to cause signal boards to be placed, well sup- ported by posts or otherwise, and maintained at each public road or street where the same is crossed by the railroad track at grade. The board shall be so elevated as to not obstruct the travel, and to be seen by people before reaching the crossing, and on each side of such board shall be paintefd in letters not less than twelve inches in height, the words "Eailroad Crossing;" but such boards need hot be put up in cities or villages, unless required by the proper oflQcers thereof, or upon the order of the commis- sioner of railroads. This provision shall not apply to signal boards already erebted. — As amended by Act 234, Laws of 1885. —§3375 llSl. Sec. 14.. Every locomotive engine, passenger, * '^sig^*' betwl o?o°8'8°S or other train of cars running on any railroad shall be brought other railroads. to a full stop not nearer than two hundred feet nor further than eight hundred feet f i;pm any railroad crossing, and shall not cross , until the way is clear, and when two passenger or freight trains what train come, up at the same time, the train on the road first built shall precedence, have precedence provided they are both main tracks over_ which passengers and freights on said road are transported, but if only one is such main track, and the other is a side or depot track, then the train on the main track shall take precedence, but if one of said trains is a passenger and the other a freight train, then the former shall take the precedence, and every engineer, Penaity^for conductor, or other person having charge or control of said engine ^ " * °°- or train, who shall offend against, the provisions of this section, shall be liable to a fine of not exceeding one hundred dollars for each violation: Provided, That whenever there shall be adopted P/J„^i|?/°«f„'| and used at any such crossing an interlocking switch and signal switch, etc. system, or other device, which in the judgment of the commis- sioner of railroads will render it safe to permit, engines and trains to pass over such crossings without being brought to a stop as above provided, said commissioner may, by a written order, a copy of which shall be filed and retained in his office, give per- 15 114 PUBLIC-HEALTH LAWS OF MICHIGAN. Certain em- ployes to be provided with uniform caps and badges. Lighting of passenger cars. mission for engines and trains to pass under such regulations as to rate of speed, and in other respects as he may deem proper, which order, howeyer, said commissioner may at any time modify or revoke. — As amended iy Act 174 of 1883. — § 3376. 414. Seo. 18. Every railroad corporation shall provide a uniform hat or^cap and distinguishing badge to be worn by all its employes whose duties relate to the immediate transportation of passengers or their baggage. A corporation neglecting to furnish and provide such uniform hat or cap, and badges, shall forfeit one hundred dollars for each week such neglect shall con- tinue ; and if any employ^ for whom such uniform hat or cap and badge is provided shall neglect when on duty to wear the same, the corporation employing him shall, for each case of such neglect, forfeit the sum of five dollars ; and said corporation may retain the same out of the wages of the employe so ofEending; no employ^ unless wearing his uniform hat or cap and badge shall be permitted to exercise any authority, or perform any of the duties of his ofBce. The provisions of this section shall not ap- ply to engineers and firemen. — Added iy Act 207 of 1879. — § 3380. 415. Skc. 19. No passenger car on any railroad shall be lighted by naphtha, or by any illuminating oil or fluid made in part of naphtha, or wholly or in part from coal oil or petroleum, or other substance or material which will ignite at a temperature of less than three hundred degrees Fahrenheit. Any railroad corporation which violates the provisions of this section shall forfeit a sum not exceeding five hundred dollars. — Added by Act 207 of 1879.— §3381. PROM AKTICLE v.— MISCELLANEOUS PROVISIONS. Companies not liable when per- sons are killed on platform, etc. Proviso— If accommoda- tions deficient. When death caused by wrongful act, neglect or de- fault, company to be liable for damages. 416. Sec. 2. In case any passenger on any such road shall be killed or injured while on the platform of a car, or while in or on any baggage or ifreight car, in violation of the printed regula- tions of the company, posted up at the time in a conspicuous place inside its passenger cars then in the train, such company shall not be liable for the injury, if the injury be occasioned by the person being improperly on such platform or within such haggage or freight car, or after having been notified by the con- ductor or any other person having charge of any train, that such person is not in the proper place : Provided, Said company at the time furnished room and seats inside its passenger cars suffi- cient for the proper accommodation of its passengers. — § 3386. 417. Sec. 7. Whenever the death of a person shall be caused ■ by wrongful act, neglect, or default of any railroad company, or its agents, and the act, neglect, or default is such as would (if death had not ensued) entitle the party injured to maintain an action and recover damages in respect thereof; then and in every such case, the railroad corporation which would have been liable if death had not ensued shall be liable to an action on the case for damages, notwithstanding the death of the person so injured, TRANSPORTATION OF INFLAMMABLE OILS. TREES TO BE CUT. 115 and although the death shall have been caused under such cir- cumstances as amount in law to felony. — § 3391. 418. Sec. 32. All person or persons, railroad companies or Blocking, etc., oorporations, owning or operating roads in this State shall, and s4'tches, etc. are hereby required on or before the first day of January, one thousand eight hundred and eighty-four, to so adjust, fill, or block the frogs, switches, and guard rails on their roads, in all yards, divisional and terminal stations, and where trains are made up, as to prevent the feet of employes or other persons from being caught therein. Any railroad company or corpora- ^^^alf ""^ ■tion, which shall fail to comply with the provisions of this sec- tion, shall be liable to a fine of not less than one hundred dol- lars, nor more than one thousand dollars, and the neglect of any such person, company, or corporation to comply with the pro- visions of this section shall be deemed a violation of the same. All penalties incurred under this act may be recovered in the manner provided by law for the recovery of penalties incurred by private persons. — Added by Act 174 of 1883.* TRANSPORTATION OP KEROSENE, BENZINE, NAPHTHA, ETC. Act No. 191, Laws of 1881, entitled, "An act to prohibit railroad companies from carry- ' ing on passenger trains any kerosene, benzine, naphtha, gasoline, or any inflam- mable oil, or fluid, other than as may be necessary to light or lubricate the oars composing the train on which such oil is carried." 419. SEcgpiOK 1. The People of the State of MicMgdn enact, f"rr™Mamma- That it shall not be lawful for any railroad company, or other tie on or auw. person owning or operating any railroad within this State to carry upon any passenger train any kerosene, benzine, naphtha, gasoline, or any other inflammable oil, or fluid, other than such as may be necessary for lighting or lubricating the trains on which such oil is carried : Provided, That nothing in this act Proviso, contained shall prohibit express companies from carrying such articles in quantities not exceeding five gallons when properly packed and labeled. — § 3435. 420. Sec. 3. Any railroad company or other person, who Penalty, shall, violate any of the provisions of section one of this act, shall forfeit the sum of two hundred dollars for each and every offense.— §3436. • [On transportation and storage of nitro-glyoerine and other explosives, see Sees. 312-317 of this compilation, pages 88-89.] DANGEKOUS TREES NEAR RAILROAD TRACKS MTJST BE CUT. Act No. 27, laws of 1875, entitled, "An act to require railroad companies to out decayed or dangerous trees standing within a certain distance of either side of their track." 421. Section 1. The People of the State of Michigan enact, ^,"2f*^Xa That any railroad company owning, controlling, or operating to cut^danger- any line or lines of railroad in this state, be and is hereby author- ized and required to cut any tree or trees that are dangerous and liable to fall or blow over and obstruct such track.— § 3442. * From the section number and from the subject this section seems to belong in chapter IV. of the amended act. 116 PUBLIC-HEALTH LAWS OF MICHIGAN. HelgBt of bridges over railroads. Penalty for failure to comply. Proylao. BallroadB to proylde safety guards. What safety guards to consist of. HEiaHT OF BRIDGES OVEE RAILROAD TRACKS. Act No. 167, laws of 1877, entitled, "An act to regulate the height of bridges over rail- road tracks," as amended by act No. 131, laws of 1883. 422. Section 1. No bridge hereafter constructed over any railroad in this State, except in cities and villages having power und^r their charters to regulate the height of such bridges, shall be at a height less than eighteen feet above the track of such railroad, except by the written consent of the commissioner of railroads ; and any corporation managing, controlling, or oper- ating any railroad in this State, the track of which is crossed by any bridge constructed less than eighteen feet above such track, except such bridge have the written approval of the commis- sioner of railroads, or be within the corporate limits of any city or village empowered by its charter to regulate the height of bridges, shall, within ninety days after this act shall tiake effect, raise or reconstruct such bridge in such manner that it shall be at least eighteen feet above such railroad track, and construct suitable approaches to, such bridge. A failure on the part of any corporation, to comply with the provisions of this section, shall render such cprporation liable to a forfeiture of five hundred ^ dollars, to be recovered as in other cases of forfeiture: Provided, That the provisions of this act shall not apply to railroad bridges crossing another railroad track; — § 3401. — As amended hy Act 131 of 1883. SAFETT-GUARDS AT BRIDGES, CROSSINGS, VIADUCTS, ETC. Act No. 190, Laws of 1881, entitled, "An act to provide for the safety of brakemen and other employes on railroads." 423. Section 1. The People of the State of Michigan enact, That wherever in the State of Michigan there shall be over, above, or across any of the tracks of any railroad a bridge, cross- ing, viaduct, or other obstruction at a height of less than seven feet above the roof of the freight cars used on or hauled over said road ; and whenever [wherever] there shall be upon any railroad in the State of Michigan any bridge or other structure that shall have over or above any track of said road a transverse beam, girder, rod or other obstruction at a height less than that above mentioned, it shall be the duty' of the oflRcers of such rail- road to erect and.keep in repair at or near such bridge, crossing, viaduct, or other obstruction, safety guards, made and placed as provided for in section two of this act. — § 3437. 424. Sec. 2. The safety guards mentioned in section one of this act shall consist of a transverse rod, beam, or timber placed across the track or tracks of said railroad at such a height and at such distance from the bridge, viaduct, or other obstruction, as the commissioner of railroads shall direct ; and from said rod or beam shall be suspended straps, ropes, or cords of such size and of such length as the said commissioner shall also direct. The said ropes or cords shall be attached to said transverse rod or beam at a distance not greater than nine inches from each other, for the space of eight feet directly over the track. Said guards DANGER TO LIFE BY DEPREDATIONS ON RAILROADS. ' 117 shall be placed upon each side of such bridge, viaduct, or other obstruction : Provided, That if two such bridges, or other Proviso, obstructions shall be at a less distance apart than one hundred feet, then no guard shall be required between them. — § 3438, 425. Seo. 3. Any railroad company, lessee, or other person ^l''*"^""' or persons operating any railroad that shall refuse or neglect to provide guards. €rect the guards required by this act, for the space of sixty days . a,fter notice from the commissioner of railroads requiring the -erection of such guards, shall be subject to a fine of not less than fifty or more than one hundred dollars, to be. collected at the suit of the people of this State by the prosecuting attorney of each oonnty wherein such bridge or obstruction may be situated, and for every twenty days' delay thereafter in erecting such guards such company or person shall be liable to the same fine, to be ■collected as aboVe provided. — § 3439. DANGER TO LIFE BY DEPREDATIONS ON RAILROADS. 5'roni Act No. 164, Laws of 1869, entitled, " An act to define certain offenses affecting railroads, and to provide pnnisiiment for the same." 426. (7619.) Section 1. That every person who shall place ^^^^'^^^y^ ^^ upon any railroad any timber, stone, iron, or other obstruction, damaging any or who shall loosen or displace any rail of the track of such rail- eto.'°iiabie'to' road, or shall break down or displace, destroy or injure any J^Pyf""""™' bridge, culvert, or embankment of any railroad, or do any other •act with intent to endanger the safety of any person traveling or being upon such railroad, or to throw from such railroad any locomotive, tender, or oar moving along the track of such rail- road, on which shall be any person or property liable to be injured i;hereby, shall be punished by imprisonment in the State prison for life, or for a term of years. — As amended by Act 168 of 1871. — § 9200. 427. (7621.) Sec. 3. If any person, not being employed on -^nooapi^^^y^J any railroad, shall willfully and maliciously uncouple or detach or cars by ' the locomotive or tender, or any of the cars, of any railroad train, IZliay^Xt'^. or shall in any way aid, abet, or procure the doing of the same, iiuch person shall be punished by imprisonment in the State prison not exceeding ten years, or by fine not exceeding two -thousand dollars, or both at the discretion of the court.— § 9203. 428. (7622.) Sec. 4. If any person shall unlawfully seize ^{"(^"'"^oS^*^ upon any locomotive, with any express or mail car attached tives to whieh •thereto, and run- away with the same upon any railroad, or shall ^ST/e"""*" aid, abet, or procure the doing of the same, such person shall be attached. punished by imprisonment in the State prison not exceeding ten jears, or by fine not exceeding two thousand dollars, or both at ■the discretion of the court.— § 9v!03. From Chapter 154, Revised Statntes of 1846, Chapter 245, Compiled Laws of 1871. 429. (7598.) Sec. 47. Every person who shall willfully and penalty f^^^^ maliciously break down, injure, remove, or destroy any public or roa"|ates* ' toll bridge, or any railroad, or any turnpike gate, or any lock in Any dam, or any lock, culvert, or embankment of any canal, or 118 PUBLIC-HEALTH LAWS OF MICHIGAN. Penalty for removing or InjQTlng rail- road gulde- boardB. who shall willfully and maliciously make any aperture or breach in any such embankment, with intent to destroy or injure the same, shall be punished by imprisonment in the State prison not more than five years, or by fine not exceeding five hundred dol- lars and imprisonment in the county jail not more than one year. — § 9169. . 430. (7601.) Sec. 50. Every person who shall willfully or maliciously break down, injure, remove, or destroy any monu- ment erected for the purpose of designating the boundaries of any township, or of any tract or lot of land, or any tree marked for that purpose, or shall so break down, injure, remove, or destroy any mile stone, mile board, guide post, or guide board, erected upon any highway or other public way, turnpike, or railroad, or shall willfully or malicioiasly deface or alter the inscription on any such stone, post, or board, or shall willfully or maliciously mar or deface any building or any Sign board, or extinguish any lamp, or break, destroy, or remove any lamp, or any lamp post, or any railing or posts, erected on any bridge, sidewalk, street, highway, court, or passage, shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding fifty dollars, or both at the discretion of the court. — § 9172. PKECAUTIONS FOR SAVING LIFE AT RAILROAD ACCIDENTS. Act No. 167, Laws of 1871, entitled, " An act to provide for the better protection of human life on railroad trains," as amended by Act No. 56, Laws of 1881, and Sec. 3- added by Act 18 of 1883. Company to 431. (2397.) Sectioi?- 1. The People of the State of Michigafir provide passen- , mt. i. m j • i • .i ger cars with enact, ihat every railroad company running trams upon any rail- ax and saw. j.qjj^ within the limits of this State, or any portion thereof, shall provide and carry at each end of each and every car owned or used by said company for the conveyance and carriage of passen- gers, baggage, mail, or express, a good and serviceable ax, of not less than three pounds weight, properly sharpened, provided with a proper helve or handle, and at all times in a condition for immediate use; also a good and serviceable carpenter's saw, with not less than twenty-four, inch cut, also properly fitted and at all times in a condition for immediate use, each of whifch implements shall be suspended by brackets or straps upon the inside of each car, near the door thereof, and within easy view, reach, and ^ackf""'"^ access of passengers occupying said car; also, in the baggage-car or engine of each train of which any car for the conveyance of passengers forms a part, two or more lifting jacks or screws, of not less than fourteen inch lift and of sufficient power to readily lift one end of any loaded car attached to said train, and each- of which shall be so carried and secured as to be within easy view, reach and access.— .4s amended ly Act 56 of 1881.—% 3433. 432. (2398.) Sec. 2. In case any railroad corporation shall run any train of cars within the limits of this State for the car- riage and transportation of passengers, or upon which passen- gers are transported, without carrying the implements and took Jacks. Penalty for ncn- compliance. PROVISION AGAINST BURNING OF CARS. 119 prescribed in section one of this act, in the manner therein par- ticularly described, it shall be liable to a penalty of fifty dollars and costs of prosecution for each and every train so run, to be sued for in the name of the people of this State; and such rail- road corporation shall also be liable for all damages which shall be sustained by any person by reason of such neglect. — As amended by Act 66 of 1881.—% 3434. 4:33. Sec. 3. Any person or femploy6 of any railroad com- Penalty for ,,,, •' '■ iii.' 1 removing and pany who shall remove or carry away from their proper place, carrying away except in case of an accident, the tools required to be kept in 'o""' "'■''• the passenger, baggage, mail, or express cars, by the provisions of this act, shall be deemed guilty of an ofEefse, and upon con- viction thereof may be punished by a fine not exceeding fifty dollars or imprisonment in the county jail not exceeding thirty days, or both such fine and imprisonment at the discretion of the court.— Added by Act 18 of 1883. PEOyiSION AGAINST BURNING OF CARS. ( Act No. 118, Laws of 1887, entitled, "An act to provide for tli« better protection of lives ' of passengers and employ 63 01^ railroad trains." As amended by Act 211, Laws of M89. 434. Section 1. Tlie People of the State of Michigan enact, companies to That on and after the first day of November, eighteen hundred Tg^tatThe''''''^ and eighty-nine, every railroad company owning or operating ^nming of oars, any railroad 'wholly or partly within this State, shall make some effective provision against the burning of cars in which passen- gers are carried, or of cars which form part of passenger trains, in some one or more of the following, or other equally effective methods: By generating the heat for warming the cars outside Methods of and independent of said cars, or by the use of heaters in the ''*'""'«• cars, so constructed that in case of accident, it will be practi- cally impossible for the fire to escape from the stove or heater so as to set fire to the cars, or provided with some automatic or quickly and easily operated provision for extinguishing fire, and when tha heat is generated outside of the cars, heaters con- structed as provided for in this section may be retained within for use "in case of emergencies : Provided, That the provisions Proviso. of this section shall not apply to caboose cars on freight trains.— As amended by Act 211, Laws of 1889. 435. Sec. 3. No device shall be adopted for general use powerandduty until approved by the commissioner of railroads, and he shall "ione^S ?aii- have the power, and it is hereby made his duty to order any «»*»«" «'»"™ stoves or heaters removed, which, in his judgment, are unsafe in case of accident. And he is hereby empowered to use such rea- sonable means to provide for carrying out the spirit of this law to promote the safety of passengers and employes in railway cars, as the condition of the road and experience in the use of the various methods of hea,ting have demonstrated to be practicable and necessary.— ^s amended by Act 211, Laws of 1889 436. Sec. 3. The provisions of this act may be enforced by howp™~ any circuit court of this State in any county through which the be enforces. 120 PUBLIC-HEALTH LAWS OF MICHIGAN. railroad of any company refusing to comply with such provisions may run, upon the application of the commissioner of railroads, under such penalty as the said court may determine, of not less than one hundred dollars for each violation of the provisions of this act. INTKODUCTION AND USE OF AUTOMATIC COUPLINGS ON CAHS. Act U7, Laws of 1885, entitled, "An act to provide for the Introduction and use on all cars owned and operated by any railroad company or other corporation doing business in this State, of some form of automatic oar conpling, by means of which all cars may be coupled and uncoupled without the necessity of the brakeman or any other person passing between the cars," as amended by Act 88, Laws of 1887. Safety couplers 437. SECTION B The Peoph of the State of MicMgun enact, required to be rpj^^^^. ^^ ^^^ ^^^^^ ^^^ gj.^^ ^^^ ^j j^^j, one thousaud eight hun- dred and eighty-six, every railroad company owning or operating any portion of a railroad wholly or partly in this State shall cause to be placed upon each end of every freight car thereafter constructed, purchased or leased, for use in this State, by such corporation, or which may be sent to the shops for general repair or for repair of the coupling fixtures thereof, some form of safe- ty coupler or safety coupling device, by which the cars can be coupled and uncoupled from either side of the train without the necessity of going between the cars, and which will couple with other forms of safety coupler, and with the ordinary link and Proviso. pi" coupler: Provided, That no coupler or device for coupling of cars shall be adopted for use by any railroad company owning or operating any railroad wholly or partly within this State until approved by the commissioner of railroads: Provided Further proviso. /wr^Aer, That no freight car shall be run upon any of the rail- roads within this State after the first day of January, eighteen hundred and ninety-one, unless furnished with safety couplers provided by this act. — As amended by Act 88, Laws of 1887. Enforcement of 438. Sec. 2. The provisions of this act may be enforced by ° *"'• any circuit court of this State in a county through which the railroad of any company refusing to comply with such provisions Penalty for may mu, upou application of the commissioner of railroads, violation. under such penalty as the said court may determine, of not less than one hundred dollars for each violation of the provisions of this act. , NOTICE AND INVESTIGATION OP ACCIDENTS. Act No. 64, Laws of 1875, entitled, "An act to require railroad companies to notify the commissioner of railroads and coroners of aOcldentfl occurring on their roads, and the Investigations of the same." Companies to 439. SECTION 1. The People of the State of Michigan enact, SonMo^"""""' That every railroad corporation doing business in this State shall accidents. cause immediate notice of any accident which may occur on its road, attended with loss of life to any person, to be given to a coroner of the county residing nearest to the place of accident, and shall also give notice within twenty-four hours to the com- missioner of railroads of any such accident, or of any accident falling within a description of accidents of which said commis- sioner may, by general regulation, require notice to be given. REGULATION OF THE PRACTICE OF MEDICINE AND PHARMACY. 1^1 For each omissioa to give such notice the corporation shall for- Penalty for feit a sum not exceeding one hundred dollars. — § 3440. 440. Sec. 2. The commissioner of railroads shall investigate commissioner the causes of any accident on a railroad resulting in loss of life, cau'8''eroi'foci- and of any accident not so resulting, which, in his judgment, *™"'- shall require investigation. — § 3441. SERVING OF PROCESS ON RAILWAY COMPANY. Ji.ct 207, Laws of 1885, entitled, "An act to amend section six thousand five hundred fifty-nine of chapter two hundred five of the compiled laws of eighteen hundred seventy-one, being compiler's section of Howell's compilatiou of laws of Ittichigan number eight thousand [one hundred] forty-seven, relative to service of process on railroad companies." 441. Section- 1. The People of the State of Michigan enact, ®^°^^°°j That section siz thousand five hundred fifty-nine of chapter two hundred five of the compiled laws of eighteen hundred seventy- one, being compiler's section of Howell's compilation of laws of Michigan number eight thousand one hundred forty-seven be amended so as to read as follows : 443. Sec. (6559) 8147. That whenever, in any suit or pro- se^ice ot pro- , , ., \ . ' .,.,,111 i oess on railroad oeeding either in law or equity, it shall become necessary to serve company. any process, notice, or writing upon any railroad company in this State, it shall be sufficient to serve the same upon any station agent, or ticket agent^at any station or depot along the line, or at the end of the railroad of such company, and such service flha^l be deemed as good and effectual as if made on the officers, .stockholders, or members, or either of them, of such company. IX.— EEGULATION OP THE PRACTICE OP MEDICINE, DENTISTRY AND PHARMACY. KEGISTRATION OF PHYSICIANS, STUDENTS OF MEDICINE, AND MIDWITJJS. Act No. 167, Laws of 1883, entitled, " An act to promote public health," as amended by Act 868, Laws of 1887. 443. Section 1. The People of the State of Michigan enact, p™j««^e°J^^ That from and after this aCt shall take effect, it shall not be law- Tmge^Mlu- f ul for any person to practice medicine or surgery, or any branch >«««. «««■ thereof (except dentistry), in this State without having the quali- fications required in the provisions of this act, and without hav- ing first registered in the office of the county clerk as provided in this act. . , ,. ,.„„..., 444. Sec. 2. The necessary qualifications to practice medi- «°»»*°J^^»'' cine in this State shall be : ,,,•,, , • j First That every person who shall [have] actually practiced medicine continuously for at least five years in this State, and who is practicing when this act shall take effect, shall be deemed 122 PUBLIC-HEALTH LAWS OF MICHIGAN. qualified tb practice medicine in this State, after having regis- tered in the oflBce of the county clerk as provided by this act. Second, Every graduate of any legally authorized medical col- lege in this State or any [one] of the United States, or in any other country, shall be deemed qualified to practice medicine and surgery in all its departments after having registered as provided Proviso as to in this act : Provided, That the provisions of this act shall not s u en s, e c. ^^ construed so as to prohibit any student or under-graduate from practicing with and under the immediate supervision of any per- son legally qualified to practice medicine and surgery under and proviao as to by the provisions of this act: Provided, That every person quali^ filing statement, g^^ ^^ practice msdicinc and surgery under the provisions of this' act shall, within three months after this act shall take effect, file with the county clerk of the county wherein he has been engaged in practice, or in which he intends to practice, a statement,, sworn to before any officer authorized to administer oaths in said county, setting forth, first, ,if he is actually engaged in practice in said county, the length of time he has been eagaged in such continuous practice, and if a graduate of any medical college, the name of the same and where located, when he graduated, and the- length of time he atftended the same, also the school of medicine to which he belongs. And if he is a student or under-graduate, , the length of time he has been engaged in the study of medicine, and where, arid if he has attended a medical college, the name of the same and where located, and the length of time so attended and when, also the name and residence of the physician under whose instruction he is practicing or intends to practice. It shall • be the duty of the county clerk of each county in this State to record in a book to be provided by the county, the affidavit (or sworn statement) of every physician practicing in said county. For recording each statement the county clerk shall receive fifty cents, to be paid by the person filing the same. — As amended by- Act 268, Laws of 1887. SonTiMor . **^' ^^*r- ^' ^* ^^"^^ ^® *^^ ^"*y 0* *^« supervisor, at the physicians, time of making the annual assessment in each year, to make out students, etc. ^ jjg^ ^j g^jj ^.j^^ phygicians and each student practicing under the ihstrnction of a preceptor residing within his township, village, ward, or city, with the name, age, sex and color of each and the length of time each has been engaged in practice, and if a grad- uate of a regularly established and reputable college, the name- of the college and the date of graduation. Such list shall be returned by the supervisor to the township, village, or city clerk, and by the clerk recorded in the book in which are kept the records of the local board of health, and annually on or before the first day of January such clerks shall furnish certified lists of the same to the secretary of the State board of health.— 4s Amended ly Act 268, Laws of 1887. ?on?"by laT' **6. Sec. 4. No person who practices medicine, surgery, or render'edZiess ™iy this act. 511. Sec, 4. This act shall not apply to persons engaged in Kxceptions. Agriculture, or in the performance of domestic duties, or clerks in stores. SALE OF OBSCENE, IMMORAL, AND INDECENT BOOKS, ETC., PROHIBITED. Jtetl38, Laws of 1865, entitled, "An act to prevent the sale or otherwise disposing of obscene, immoral, and indecent books, pamphlets, papers, prints, pictures, writings, and other objectionable news. 512, Section 1. The People of the State of Michigan enact, ^ll^^^^ ^ That any person who sells, lends, gives away, or offers to sell, mMemelnor lend, or give away, or shows, or has in [his] has possession with ""'*®' '"' *"'• intent to sell, lend, or give away, or to show or advertise, or who offers to loan, give, sell, or distribute any obscene, immoral, lewd, lascivious, or indecent book, magazine, pamphlet, news- paper, writing, paper, print picture, drawing, publication, or photograph, or any article or instrument of indecent or immoral nse, or wbo designs, copies, draws, photographs, prints, utters, {)ublishes, or otherwise prepares such a book, picture, drawing, |)aper, or other article or thing, or writes or prints, or causes to be written or printed, a circular, advertisement, or notice of any Mad, or gives information oTally, stating when, where, how, or ■of whom, or by what process such obscene article or thing can be purchased or obtained; or second, any person who sells, lends, .^ives away, or shows, or has in his possession with intent to sell, ■or give away, or to show, advertise, or otherwise offers for loan, ^ift, or distribution, any book, pamphlet, magazine, newspaper, or other printed paper, devoted to the publication or principally .made up of criminal news, police reports, or accounts of crimi- nal deeds, or pictures and stories of deeds of bloodshed, lust, or crime ; or third, any person who in any manner hires, uses, or ■employs any minor child to sell, or give away, or in any manner to distribute, or who having the care, custody, or control of any minor child, permits such child to sell, give away, or in any ■other manner to distribute any book, magazine, pamphlet^ news- paper, story paper, writing, paper, picture, drawing, photograph, •or other article or matter coming within ^the descriptions of Articles and matter mentioned in the first and second subdi- visions of this section or any of them, shall be guilty of a misde- meanor, and upon conviction thereof,* shall be punished by Penalty lor. imprisonment in the county jail not more than three months, or by fine not exceeding one hundred dollars, or -by both such fine and imprisonment in the discretion of the court, 513. Sec. )i. All municipal courts and justices of the peace, ^»'y„°'^J^°°f ■ -on complaint supported by oath or affirmation, that any person Jjisuces as w has in his possession or control any indecent books, papers, 7e*zuK.° " articles, and things described in this act, shall issue a warrant •directed to.the sheriff of the county, within which such complaint 138 PUBLIC-HEALTH LAWSjOF MICHIGAN. shall be made, or to any constable, marshal, or police ofScer conflBcation of within Said county directing him, them, or any of them to search ''"''"'^"'^'^" for, seize, and take possession of, such obscene and indecent books, papers, articles, and things, and said court or justice of the peace shall, upon conTiction of the person or persons offend- ing, under the law, any of the provisions of this act, forthwith in the presence of the person or persons upon whose complaint the said seizure or arrest is made, if he or they shall, after notice thereof, elect to be present, destroy, or cause to be destroyed, the aforesaid books, papers, articles or things, and shall cause to be entered upon the records of his court the fact of such destruc- tion. XL— WILLFUL KILLING, OR INJURY TO PERSON:— MUEDEB, DUELLING, MANSLAUGHTEB, MAIMING, ATTEMPT TG MUKDER, ASSAULTS, EOBBBRT, THEEATS TO EXTORT MONET, V RAPE, COMPULSION TO MARRY, ENTICING FEMALES AND' CHILDREN, UNLAWEUL CONFINING PERSONS, POISONING FOOD, DRINK, MEDICINES, WELLS, ETC., EXPOSURE OF CHILDREN, KILLING UNBORN CHILDREN, PROCURING MISCARRIAGE,. CARELESS USB OF FIEE-AEMS, ETC. OFFENSES AGAINST 7 HE LIVES AND PERSONS OF INDIVIDUALS.* From Chap. 153 of Revised Statutes of 1816, Chap. 244 of Comp. Laws of 1871, where, not otherwise stated. Murder of the 514. (7510.) SECTION 1. All murder wMch shall be perpe- is HL^Repf-'sn. trated by means of poison, or lying in wait, or any other kind of 5M'iot eTp'"!* ^illf"lj deliberate, and premeditated killing, or which shall be- sMich.Rep.im committed in the perpetration, or attempt to perpetrate, any Be*o°8ii&.^"' arson, rape, robbery, or burglary, shall be deemed murder of the first degree, and shall be punished by solitary confinement at hard labor in the State prison for life. — § 9075. Mnrderofthe 515. (7511.) Seo. 2. All othcr kiuds of murdcr shal] be 86G011Q QfSTfGfi ^ 1 Mich. Rep., 451. deemed murder of the second degree, and shall be punished by u'Micii.^Eep,,^' imprisonment in the State prison for life, or any term of years,. li Mich Rep ' ^^ *^® discretion of the court trying the same.— § 9076. 314. ■ ■' 516. (7512.) Sec. 3. The jury before whom any person DeBroe, howto indicted for murder sMl be tried shall, if they find such person e erm ne . , gQ^jy thereof, ascertain in their verdict, whether it be murder of the first or second degree ; but if such person shall be convicted by confession, the court shall proceed by examination of witnesses- to determine the degree of the crime, and shall render judgment accordingly.— §9077. * Inasmuch as the laws which protect individual life from willful assault are an important defense to public safety, it is deemed proper to insert this chapter, Howell's references to cases adjudicated, and some of the sections of the chapter are here omitted. MURDER AND DUELS. IS* 517. (7513.) Sec. 4. ETery person, being an inhabitant or Fighting duel resident of this State, who shall,, by previous appointment or when* deemed engagement made within the same, fight a duel without the juris- Su statT*"" diction of this State, or who shall fight a duel ififithin this State, Mass. e. s. ch. and in so doing shall inflict a mortal wound upon any person, ^^'^^ ^• whereof the person so injured shall afterwards die within this State, shall be deemed guilty of murder in the first degree, with- in this State, and may be indicted, tried, and convicted in the county where such death shall happen. — § 9078. 518. (7514.) Sec. 5. Every person, being an inhabitant or seconds in sacb resident of this State, who shall be the second of either party in ™°°" such duel as is mentioned in the preceding section, and shall be present as a second when such mortal wound is inflicted, whereof death shall ensue within this State, shall be deemed to be an accessory before the fact to the crime of murder in this State, and may be indicted, tried, and convicted in the county where the death shall happen, or in which such wound shall have been inflicted.— § 9079. 519. (7516.) Sec. 7. Every person who shall engage in a Fightingduei, duel with any deadly weapon, although no homicide ensue, or cas" c°ode.^24.'°' who shall challenge another to fight such duel, or shall send or slTlVil^'itl deliver any written or verbal message, purporting or intended to Thatcher's u. c. be such challenge, although no duel ensue, shall be punished by iwdwo. imprisonment in the State prison not more than ten years, or by a fine not exceeding one thousand dollars, and imprisonment in the county jail not more than three years, and shall also be in- capable of holding or of being elected or appointed to any place of honor, profit, or trust, under the constitution or laws of this State.— § 9081. 520. (7517.) Sec. 8. Every person who shall accept any Accepting such challenge, or who shall knowingly carry or deliver any such aid"ing"etc. challenge or message, whether a duel ensue or not, and every person who shall be present at the fighting of a duel with deadly weapons, as an aid or second, or surgeon, or who' shall advise, encourage, or promote such duel, shall be punished by imprison- ment in the county jail not more than one year, or by fine not exceeding five hundred dollars, and shall also be incapacitated, as mentioned in the preceding section. — § 9083. 521. (7518.) Sec. 9. If any person shall post another, or, in Posting, etc., ^^M., ^iKiw.y ,,, •' ^ ijsi" i. ii fornotaceept- writing or print, shall use any reproachful or contemptuous lan- mg challenge, guage, to or concerning another, for not fighting a duel, or for "=• not sending or accepting a challenge, he shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding one hundred dollars. — § 9083. .122 ^7,^19 ■> Sec. 10. Everv person who shall commit the Punishment for u«i^. V It'-*-*"/ 1^. jjT, , , manslaughter. crime of manslaughter shall be punished by imprisonment m the 3 Mich., 337. State prison not more than fifteen years, or by fine not exceeding one thousand dollars, or both, at the discretion of the court.- 5^2^3.' (7520.) Sec. 11. If any person, with malicious intent ^'/Xfo"'"" to maim or disfigure, ^hall cut out or maim the tongue, put out awing therein. 140 PUBLIC-HEALTH LAWS OF MICHIGAN. or destroy an eye, cut or tear off an ear, out or slit or mutilate the nose or lip, or cut ofE or disable a limb or member of any other person, every such person, and every person prjvy to such intent, who shall be present, aiding in the commission of such offense, shall be punished by imprisonment in the State prison not more than ten years, or by fine not exceeding one thousand dollars, or both, at the discretion of the court. — § 9085. Aaaauitwith 524. (7531.) Seo. 12. If any person shall assault another Intent to malm, ^^^^ intent to maim or disfigure his person in any of the ways mentioned in the preceding section, he shall be deemed a feloni- ous assaulter, and shall be punished by imprisonment in the State prison not more than ten years, or by fine not exceeding one thousand dollars, or both, at the discretion of the court. — § 9086. Act No. ZOl, Laws of 1879, entitled, " An act to prevent and punish tbie sending of any explosive substance to a person with intent to do bodily harm." lenMngSpio- ^^^- Seotiok 1. The PeopU of the State of Michigan Bmct, sives, etc., for That if any person shall unlawfully and maliciously send or iDjOTyto" " "^ deliver to, or cause to be taken or received by any person, any persons. kind of cxplosivc substance, or any other noxious or dangerous thing, with intent in so doing to burn, maim, disfigure, or dis- able any person, or do bodily harm to any person, and every person privy to such intent, who shall aid in %e commission of such offense, when death shall not result, shall be punished by imprisonment in the State prison not exceeding five years. — 8 9118. Act No. Ill, Laws of 1877, entitled, "An act relating to .the punishment of bank, safe, and vault robbery." toSSri'""™' "" 526. Section 1. Tlie PeopU of the State of Michigan enact, p'ntting^in'iear That whocver, with the intent to commit the crime of larceny or thJpuJ-pose'of *°y felony, shall confine, maim, injure, or wound, or attempt, or banifrobhfr threaten to confine, kill, maim, injure, or wound, or shall put in «tcl " "^' fear any person for the purpose of stealing from any building, bank, safe, or other depository of money, bonds or other valu- ables, or shall by intimidation, fear, or threats compel or attempt to compel any person to' disclose or surrender the means of open- ing any building, bank, safe, vault, or other depository of money, bonds, or other valuables, or shall attempt to break, burn, blow up, or otherwise injure or destroy any safe, vault, or other depos- itory of money, bonds, or other valuables in any building or place, shall, whether he succeeds or fails in the perpetration of such larceny or felony, be punished by imprisonment in the State prison for life or any term of years.— § 9121. Act No. 71, Laws of 1883, entitled, "An :act to punish persons guilty of assault with intent to do great bodily harm." re"Sliuwit''h ""■ 527. Section 1. The People of the State of Michigan enact, *°rSVoai° ^^** ^^^ person who shall assault another with intent to do harm. " ^ great bodily harm, less than the crime of murder, shall be pun- ished by imprisonment in the State prison, not more than ten MURDEROUS AND OTHER ASSAULTS AND THREATS. 141 years, or by fine not exceeding eight hundred dollars, or by both, in the discretion of the court. — § 9132a!. 528. (7523.) Sec. 13. If any person shall attempt to commit P™aicy tor ., •.',, . •' K -, , ^. ,. attempting to the crime of murder by poisoning, drowning, or strangling murder by another person,, or by any means not constituting the crime of ''°*°™'''S' '*'=• assault -with intent to murder, every such offender shall be pun- ished by imprisonment in the State prison for life, or any num- ber of year^. — As amended ly Act 147 of 1875. — §9087. 539. (7533.) Sec. 14. If any person shall assault another f/^t^'m^'.^i"' with intent to commit the crime of murder, every such offender g ^j^g'^'^'^ogrf'-^- shall be punished by imprisonment in the State prison for life, lo Micii , 212. or any number of years.— § 9088. ^^ *"''''•• ^^■ 530. (7524.) Sec. 15. If any person shall assault another, ^'^*^,^" *^* and shall feloniously rob, steal, and take from his person any from person',' money, or other property which may be the subject of larceny, '"^'"s armed. such robber being armed with a dangerous weapon, with intent, if resisted, to kill or maim the person robbed, or if, being so armed, he shall wound or strike the person robbed, he shall be punished by imprisonment in the Utate prison for life, or any number of years. — § 9089. 531. (7625.) Sec. 16. If any person, being armed with a dan- penalty for gerous weapon, shall assault another, with intent to rob, ho shall V'mfi,'eit°^ be deemed a felonious assaulter, and shall be punished by im- prisonment in th§ State prison not more than fifteen years. — As amended ly Act 143 of 1869.—% 9090. 532. (7526.) Sec. 17. If any person shall, by force and vio- Assault and lence, or by assault or putting in fear, feloniously rob, steal, and from peVson'of take from the person of another, any money, or other property ^eing Imed. which may be the subject of larceny, such robber not being 7 Mass., 243. armed with a dangerous weapon, he shall be punished by impris- onment in the State prison not more than fifteen years.— § 9091. 533. (7527.) Sec. 18. If any person, not being armed with a Assault witn m- dangerous weapon, shall assault another with force and violence, steai'notbetag and with intent to rob and steal, he shall be deemed a felonious '■^^'^■ assaulter, and shall be punished by imprisonment in the State prison not more than ten years. — § 9092. 534. (7528). Sec. 19. If any person shall, either verbally or Maiicio^^^ by any written or printed communication, maliciously threaten money, etc. to accuse another of any crime or offense, or shall by any written or printed communication maliciously threaten any injury to the person or property of another, with intent thereby to extort money, or any pecuniarv advantage whatever, or wit)i intent to compel the person so threatened to do any act against his will, he shall be punished by imprisonment in the State prison or m the county jail, not more than two years, or by fine not exceed- ing one thousand dollars.— § 9093. 535. (7539.) Sec. 30. If any person shall ravish and car- Eape, evidence nally know any female of the age of fourteen years, or more, by ' , force and against her will, or shall unlawfully and carnally know iHf; ;;f#;seo. and abuse any female child under the age of fourteen years he 2.^^^^ ^^^ shall be punished by imprisonment in the State prison for life, 13 mich., 4i7. 142 PUBLIO-HBALTH LA.WS OF MICHIGAN. 4 Gray, 7. ■6 Gray, 477. 32 Maine, 586. 89 Maine, 322. Assault with In- tent to commit rape. 2 Pick., 380. •S Mich., 152. 119 Mich., 322 ] Unlawfully t>iklng a woman and compelling her to marry, «lc. • Taking a woman with intent to compel her to marry, etc. Enticing any female ucder sixteen years of age for purpose ■of marriage, etc. Penalty for assault In cer- tain cases. Unlawfully confining any person, etc., iiow punished. or for any term of years; and such carnal knowledge shall deemed complete upon proof of penetration only. — § 9094. — ., amended ly Act 112, Laws of 1887. 536. (7530.) Seg. 21. If any person shall assault any ferns with intent to commit the crime of rape, he shall be deemed felonious assaulter, and shall be punished by imprisonment the State prison not more than ten years, or by fine not excee ing one thousand dollars. — § 9095. 637. (7531.) Sec. 22. If any person shall take any worn i unlawfully and against her will, and by force, menace, or dnrei compel her to marry him or any other person, or to be defiled, 1 shall be punished by imprisonment in the State prison for lif or any term of years. — § 9096. 538. (7533.) Sec. 23. If any person shall take any worn; unlawfully and against her will, with intent to compel her 1 force, menace, or duress, to marry him or any other person, i to be defiled, he shall be punished by imprisonment in the Sta prison not more than ten years. — § 9097. 539. (7533.) Seo. 24. Every person who shall take or enti away any female under the age of sixteen years, from her fathe mother, guardian, or other person having the legal charge of h( person, without their consent, either for the purpose of prostiti tion, concubinage, or marriage, shall be punished by impriso ment in the State prison not exceeding three ye*rs, or by impri onment in the county jail not exceeding one year, or by a fine m exceeding one thousand dollars. — § 9098. Act 172, Laws of 1883, entitled, " An act to provide for tlie punishment of a9saul upon females in certain cases." 540. Section 1. The People of the State of Michigan enai That if any person shall undertake to medically treat any fema person, and while so treating her, shall represent to such fema that it is, or will be necessary or beneficial to her health that si have sexual intercourse with a man, and shall thereby induce hi to have carnal sexual intercourse with any man, or if any mai not being the husband of such female, shall have sexual inte course with her by reason of such representation, the person ( persons so offending shall, on conviction thereof, be punished 1 imprisonment in the State prison for any term of years not excee ing ten years. 54:1, (7534.) Sec. 25. Every person who willfully, malicious and without lawful authority shall forcibly or secretly confine i imprison any other person within this State against his will, i shall forcibly carry or send such person out of this State, or shs forcibly seize or confine, or shall inveigle or kidnap any oth person with intent either to cause such person to be secret confined or imprisoned in this State against his will, or in ai way held to service against his will, shall be punished by impri onment in the State prison for any term of years, or by a fine ' five thousand dollars, or by both such fine and imprisonment, : the discretion of the court. — As amended by Act 135, Laws 1889.—% 9099, WHERE OFFENSES MAY BE TRIED, POISONING, KIDNAPPING. 143 ^542. (7535.) Sec. 26. Every offense mentioned in the pre- where offense ceding section may be tried either in the county in which the ™*^ "^ "'°*' same may have been committed or in any county in or through which the person so seized, taken, inveigled, kidnapped, or whose services shall be so sold or transferred, shall have been taken, confined, held, carried, or brought ; and upon the trial of any such offense, the consent thereto of the person so taken, inveigled, kidnapped, or confined, shall not be a defense, unless it shall be made satisfactorily to appear to the jury that such •consent was not obtained by fraud' nor extorted by duress or by threats.— ^s amended by Act 191, of 1875.—% 9100. 543. (7536.) Sec. 27. If any person shall mingle any poison p^J;°°^^s """i- with any food, drink, or medicines, with intent to kill or injure 5 Mio'h., ib, 23. any other person, or shall willfully poison any spring, well, or reservoir of water, with such intent, he shall be punished by imprisonment in the State prison for life, or any term of years. — §9101. 544. (7537.) Sec. 28. If any person shall assault another, Assaults not be- with intent to commit any burglary, or any other felony, the witb mlent to ' (punishment of which assault is not hereinbefore prescribed, he c""""" 'ei™y- shall be punished by imprisonment in the State prison not more than five years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not exceeding two years. — I 9103. 545. (7538.) Sec. 29. "Whoever shall be convicted upon a Panisument for complaint or an indictment of an assault, or an assault and bat- tlry"eto."in tery, where no other punishment is prescribed, shall be punished certain oases, 'by imprisonment in the county jail not more than one year, or by a fine not exceeding two hundred dollars, and on failure to .pay such fine, shall be imprisoned in the county jail not more ■than one year, or both such fine and imprisonment in the dis- cretion of the court.— ^s amended by Act 167 of 1879.—% 9103. 546. (7539.) Sec. 30. Every person who shall maliciously, for- f^f^^^iVS^ cibly, or fraudulently lead, take, or carry away, or decoy or entice ^^^^YnSt'o away any child under the age of twelve years, with intent to detain" etc. detain or conceal such child from its parent, or guardian, or from the person or persons who have lawfully adopted said child, or from any other person having the lawful charge of said child, .«hall be punished by imprisonment in the State prison not more than ten years, or by imprisonment in the county jail not more ' than one year, or by fine not exceeding one thousand dollars. In - ■case such child' shall have been adopted by a person or persons other than its parents, in accordance with the statute providing -for such adoption, then this section shall apply as well to such taking, carrying, decaying or enticing away of such chiM. by its father or mother, as by any other person: Provided, That thePro.iso. provisions of this section shall not apply to a parent who has not given written consent that the custody of «^°5 «Y'i„^«^°^iJ be committed to another.— ^s amended by Act 195, Laws of 1885. 547. (7540.) Sec. 31. If the father or mother of any child 144 PUBLIC-HEALTH LAWS OF MICHIGAN. Punishment for under the age of six years, or any other person, shall expose such witrinfent to child in any street, field, house, or other place, with intent to abaiidon' injure or wholly to abandon it, he or she shall be punished by imprisonment in the State prison not more than ten years. — As^ amended ly Act 200 of 1875.—% 9105. willful killing 548. (7541.) Sec. 32. The willful killing of an unborn un ornc quick child by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, shall' be deemed manslaughter. — § 9106. Attemptto 549. (7543.) Sec. 33. Every person who shall administer dcBtroy unborn ^^ ^^^ womau pregnant with a quick child any medicine, drug, 16 Gray, 187. or substancc whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless- the same shall have been necessary to preserve the life of sucb mother, or shall have been advised by two physicians to be neces- sary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of man- slaughter.— § 9107. procSe'm?acar. ^^^' ('^543.) Sec. 34. Every person who shall willfully riage of preg- administer to any pregnant woman any medicine, drug, substance, 20hiX8™K''3i9. or thing whatever, or shall employ any instrument or other 15 Gray, 187. means whatever, with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, or shall have been advised by two physicians to be necessary for that purpose, shall, upon con- viction, be punished by imprisonment in a county jail not more than one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. — § 9108. section added. 551^ (•;544.) Sec. 35. In casc of prosccution uudcr sectious thirty-three and thirty-four of this chapter, it shall not be neces- sary for the prosecution to prove that no such necessity existed, or that the advice of two physicians was not given. — As amended^ ly Act 61 of 1867.—% 9i09. Act 99, Laws of 1889, entitled, " An act to provide for the pnni&hment of crimes in cer- tain cases." maSritS"'*'" 552. Section 1. The People of the State of Michigan enact, secret places for That every person above the age of sixteen years who shall entice> i?a"aoM, » allure, or persuade any male person under the age of fourteen years felony. juto any rooms ofiBce or to any other secret place, to take, or for the purpose of taking, any immoral, immodest or indecent liber- ties, or who shall take or attempt to take such liberties with such puniahmentfor. person at any place, shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment in the State prison for a period of not more than fifteen years, or by * fine not exceeding one thousand dollars, in the discretion of the court. CARELESS USE OF FIRE-ARMS.— CONCEALED WEAPONS. 145 CAEELESS OSE OP FIRE-AKMS.* Act No. 68, Laws of 1869, entitled, "An act to prevent the careless use of fire arms." 553. (7548.) Section 1. The People of the State of Michigan Jl^o-^™'^pen^ enact, That any person who shall intentionally, without malice, ase^o"°*™'°" point or aim any fire-arm at or toward any other person, shall be guilty of a misdemeanor, and shall be subject to a fine of not more than fifty dollars and not less than five dollars. — § 9110. 664. (7549.) Sec. 2. That any person who shall discharge* Penalty for without injury to any other person, any fire-arm, while inten- wuhlrafinjury. tionally, without malice, aimed at or toward any person, shall be guilty of a misdemeanor, and shall be liable to a fine of not less than one hundred dollars, or imprisonment in the county jail not to exceed one year, or both, at the discretion of the court. — §9111. 655. t (7550.) Sec. 3. Any person who shall maim or injure Penalty lor any other person Jjy the discharge of any fire-arm pointed or Sj^irilTg^ " aimed, intentionally but without malice, at any such person, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars, or imprisonment in the county jail for a period of not more than one year; and if death ensue from m case oj death. such wounding or maiming, such person so offending shall be deemed guilty of the crime of manslaughter. — § 9112. 556. (7551.) Sec. 4; Any party maimed or wounded by the ^^c«on^for discharge of any fire-arm as aforesaid, or the heirs or representa- tives of any person who may be killed by such discharge, may have an action on the case against the party offending, for dam- ages which shall be found by a jury ; and such damages, when found, may, in the discretion of the court before which such action is brought, be doubled. — § 9113. CARKYING CONCEALED WEAPONS. Act 129, Laws of 1887, entitled, "An act to prevent the carrying of concealed weapons, and to provide punlshmeni therefor." 557. Section 1. The People of the State of Michigan enact, ™7oonceaied That it shall be unlawful for any person, except officers of the weapons. peace and night-watches legitimately employed as such, to go armed with a dirk, dagger, sword, pistol, air-gun, stiletto, metal- lic knuckles, pocket-billie, sand-bag, skull-cracker, slung-shot, razor, or other offensive and dangerous weapon or instrument concealed upon his person. 568. Sec. 2. Any person who shall violate any of the pro- ^."J'^-^™ « '" visions of this act shall be 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 house of correction at Detroit not exceeding three months, or by both such fine and imprisonment, in the discre- tion of the court, and in addition thereto may be required to * On "Tlae of fire-arms In cemeteries," see section 103 of this compilation; also, " To ,™=„fi,+ =tif J?,fl nan of tov-oistols " Act 138 of 1883; also, "To prevent settmg of ISZand'^Lfding'e'rol^evS"" 'Act W of 1875, Sees 33(MZ3 of this compilation guns ana OTnerua ^ merely proof of somethmg beyond the statnte. It is inconsistent with the statute in its chief design."-Peopl6 v. ChavpeU, 27 Mich. 186. 19 146 PUBLIC-HEALTH LAWS OF MICHIGAN. enter into recognizance with sufficient sureties in such sum as the court may order, not exceeding one thousand dollars, to keep the peace, and be of good behavior for a period not exceeding Proiviao. one year : Provided, The provision relative to the sentencing of prisoners to the Detroit House of Correction shall apply only to Wayne county. XII.— VITAL AND SOCIAL STATISTICS:— CENSUS; EEGISTBATIOU OF BIRTHS, MARKIAGES, AND DEATHS; STATISTICS OF THE INSANE, DEAF, DUMB AND BLIND; TREATMENT AND CARE OF INEBRIATES. CENSUS. From Act No. U6,'Laws of 1883, entitled, "An act to provide for taking the census and statistics of this State." [This act requires the census to be tali en during the month of June, 1884, as of date June 1, 1884, and every tenth year thereafter, hy enumerators appointed by township boards and common councils, on blanks prepared and supplied by the secretary of atate. 8eo. 4 of Art. IV. of the constitution required the census to be taken in the year 1851 and every tenth year thereafter.] . Scljedules to be nambered. namber one to contain, 559. Sec. 9. That the census schedules shall be numbered one, two, three, and four. Schedule number one shall contain What schedule inquiries as to the name, 'age at last birthday, sex, and color ; as to the profession, occupation, or trade ; as to the occupation of fathers of children under fifteen years of age ; as to the place of birth, as to the [and] place of birth of parents, as to the month of birth, if born within the preceding year, and the number of children previously born of the same mother ; as to the civil con- dition whether single, married, widowed, or divorced; as to the month and place of marriage, if married within the preceding year ; as to the ability to read and write ; as to the physical con- dition, whether insane, epileptic, idiotic, deaf and dumb, or blind ; and as to the time of residence within this State of each and every inhabitant of each township and census district, on the first day of June of the year eighteen hundred and eighty-four. Schedule number one shall also designate the heads (husband and wife) of each family, and shall contain inquiries as to the relation of each person enumerated to the heads (husband and wife) of the family, — whether son, daughter, servant, boarder, or other; also inquiries as to the whole number of marriages; and, by sex, the whole number of births and the whole number of deaths occurring during the preceding year. Schedule number What schedule two shall coutaiu inquiries as to the name, age at last birthday, contain'. "° " scx, and color; as to the profession, occupation, or trade; as to the occupation of fathers of persons under fifteen years of age, deceased; as to the place of birth, and place of birth of parents; as to the month of birth, if born within the preceding year ; as to the civil conditions at time of death, whether single, married. CENSUS.— VITAL AND SOCIAL STATISTICS. 147 ■widowed, or divorced ; as to the montli and place of marriage, if married within the preceding year; a^to the physical condi- tion, whether insane, epileptic, idiotic, ^^f and dumh, or hlind; as to the month of death, disease or other cause of death, the place where such death occurred, and time of residence within this State of each and every inhabitant whose death occurred during the preceding year. Schedule number three shall contain what schedule inquiries as to the number, size, improvements, and value of to'rantain'."'* farms; as to the wages paid farm help; as to the acreage and yield of the various farm products, and as to the number of pounds of butter and cheese made by farmers during the preced- ' ing year; as to the number of pounds of maple sugar made the present year; as to the number of each kind of live stock on hand, the value of live stock, and as to the acreage of growing crops. Schedule number four shall contain inquiries as to the what soheduip name of each corporation, company; or individual owning or tocontain." operating each establishment of productive industry, including mines and fisheries, in which the value of the products amounts to two hundred dollars or over; as to the name of the business, manufacture, or product, and the capital, both real and personal, invested in the business ; as to the kind of power used, and the kind and number of machines used; as to the average number of hands and the [number of] children or youth employed ; as to the sex of the hands employed ; as to the total amount paid in wages and the number of months in active operation the preced- ing year; as to the kind, quantity, and value of materials, and as to the kind, quantity, and value of productions the preceding year. The secretary of State may, in his discretion, add to the census schedules inquiries of special importance, not named in this section. 560. Sec. 10. That the term "preceding year," wherever Term preceding used in this act, shall be construed to mea^ the year ending June first, eighteen hundred and eighty-four. [Act No. 237, Laws of 1879, entitled "An act to provide for the collection of the social statiatlos of Michigan, and to provide for the publication of said statistics together with the statistics to be taken by the authority of the United States in the year 1880," made it the duty of county clerks to collect and compile, on blanks to be furnished by the superintendent of the U. S. census, the statistics embraced in schedule 5 of "An act providing for the taking of the seventh and subsequent censuses of the U. S.," etc., and inade it the duty of the Secretary of State to con- dense, compile, and arrange for publication the foregoing statistics, together with the statistics of this State that will be taken by authority of the United States in the year one thousand eight hundred and eighty, and to publish and distribute six thousand copies of the same. As the superintendent of the U. S. census of 1880 did not supply to the county clerks the blanks referred to in this act, but collected the statistics in another way. and as the State of Michigan was not supplied with schedules of the U. S. Census of 1880. as it had been supplied with those of 187U, the compilation was not made by the Secretary of State.] EEGISTKATION OF BIRTHS, MARRIAGES, AND DEATHS.* Act No. 194, Laws of 1867, as amended by Act No. 125 of 1869. 561. (810.) Section 1. The People of the State of Michigan '^i^^H^v^r. enact. That it shall be the duty of the supervisor of each town- asseasorB. ship, 'and the supervisor or assessor of any city or ward therein, •Bestrlotions as to marriage are stated on pp. 130-134., Sections 477-99 of this com- pilation. 148 PUBLIC-HEALTH LAWS OP MICHIGAN. in this State, between the tenth day of April and the first day of June, in the year eighteen hundred and sixty-nine, to ascertain, by actual inquiry or otherwise, of the inhabitants thereof, the births and deaths which have occurred in their respective town- ships, cities, or wards, from and including April fifth, eighteen hundred and sixty-eight, to and including December thirty-first, eighteen hundred and sixty-eight,together with the facts relative thereto as are hereinafter provided for, and shall make an accurate return thereof to the clerk of the county, in which such township or city is situated, on or before the first said day of June ; and for such service shall receive ten cents for each birth and death so returned by them, to be paid by the county in which such returns are made. In the year eighteen hundred and seventy, and in each and every year thereafter, it shall be the duty of the officers above mentioned, between the tenth day of April and the first day of June, to ascertain, by actual inquiry or otherwise, of the inhabitants thereof, the births and deaths which have occurred in their respective townships, cities, or wards, during the year ending on the last day of the preceding December,, and shall make the return, and receive therefor the compensation above provided for: Provided, That in the city of Detroit, the duties required by this act to be performed by supervisors and assessors shall be performed by persons appointed by the com- mon council for that purpose ; and it shall be the duty of the common council, on or before the tenth day of April, in each year, to appoint such number of persons in each ward of said city, as shall be necessary to perform said duties within the time limited by this act; and such persons shall possess all the authority conferred upon, and perform all the duties required of supervisors and assessors by this act) within the territory assigned them, respectively, by the common council, and shall receive such compensation for their services, not exceeding the sum allowed by this act to supervisors and assessors, as shall be fixed by the common council, to be paid by the county of Wayne, and shall be liable to the same penalties for refusal or neglect to per- form any of said duties. — As amended hy Act 12S of 1869. — §858. In 1869 returns to be made from April S to December 31, Return to connty clerjk. In 1870 and thereafter, re- turns to Include from January to December last preceding. Statistics, bow obtained. Compensation. Proviso relating to tbe city of Detroit. Duty of com- mon council. Persons to be ap'polnted by. Compensation of persons so appointed. How paid. Penalties. Sec, 3, of this act is superseded by Sec. 4 of Act No. 138, Laws of 188T (section 493 of this compilation.) 663. (812.) Seo. 3, It shall be the duty of the county clerks of the several counties in this State, on receiving the returns of such births, marriages, and deaths, to record the same at length in separate books, to be provided at the expense of the State by the secretary of State, for thait purpose, with proper indexes thereto. The births, marriages, and deaths shall be numbered and recorded in the order in which they are received by the clerk, and the record of marriages shall be indexed, using both the name of the What records of bridcgroom and bride. The record of births shall state, in separ- rtate° °''*" **® columns, the date of the birth, the name of the child (if it have any), the sex and color of the child, the place of birth, the Ohris- County clerks, duties of. Births, mar- riages, and deaths to be numbered and Indexed. REGISTRATION OF BIRTHS, MARRIAGES, AND DEATHS. 149 tian and surname of both parents, the residence and nativity of the parents, the occupation of the father, and the date when the record was made : Provided, That in case the child has no Chris- Proviso, tian name, such name shall be obtained and reported to the county clerk in the next annual report of the supervisor or assessor, and such Christian name sjiall be distinctly designated in such report as the Christian name belonging to a child previously reported, and shall be properly entered by said county clerk, in the blank left for such Christian name in his book of record ; and it shall be the duty of the several county clerks, on or before the tenth day of April in each year, to give to the oflBcers required to make the said returns, lists of such children whose Christian names have not been previously reported in their respective towns, cities, or wards. The record of marriages shall state, in separate col- what record of umns, the date and place of marriage, the Christian and surname Sate!''^'^ '""" of the bridegroom and bride, and the maiden name ot the bride, if a widow, the color, age, and place of birth of each, the resi- dence of each at the time of marriage, the occupation of the bridegroom, and the name and ofi&cial station of the person by or before whom they were married, the names and residences of at least two witnesses present at such marriage, and the date when such record was made. The record of deaths shall state, what record of in separate columns, the date of the death, the Christian and stTte.' surname of the deceased, the sex and color, whether married or single, the age in years, months, and days, the place of death, the disease or apparent cause of death, the nativity of the de- ceased, and the occupation, if any, and the names, residence of the parents, if known, and the date when such record was made. The clerks of the several counties shall annually, on or before the Betum of first day of September, make and transmit to the secretary of ™'"' ^ " " ' State a certified copy of the records in his oflBce of all the births, marriages, and deaths reported in their respective counties for the year ending December thirty-first, last preceding. And each compensation, county clerk shall receive for the record of each birth and death , in his office three cents, and three cents for each birth, marriage, and death returned by hi^ to the secretary of State, to be paid by the county, and shall be compensation in full for all services required by this act to be performed by him. — As amended iy Act 125 of 1869.—% 860. 563. (813.) Sec. 4. The secretary of State shall prepare secretary of and furnish to the county clerks of the several counties in ®'*'®' *"''" "*• this State, blank books of suitable quality and size, with proper rulings and headings, to be used as books of record in carrying into effect the provisions of this act. He shall also prepare and furnish blank "forms of returns," as hereinbefore specified, accompanied with such instructions and explanations as may be necessary to insure uniformity in such returns, which blanks shall be forwarded to the several county clerks on or before the first day of March in each year; and the said county clerks shall deliver the same to the supervisors or assessors of the several townships, cities, or wards therein, in their respective counties, 150 PUBLIC-HEALTH LAWS OF MICHIGAN. on or before the tenth day of April. — A-i amended by Act 125 of 1869.—% 861. 664. (814.) Seo. 5. It shall be the duty of the secretary of State to receive the returns made in pursuance of the third sec- tion of this act, and he shall cause the same for each year to be bound together, in one or more volumes, at the expense of the State, and make indexes thereto; and with such assistance as may be voluntarily rendered by any authorized committee appointed by the medical faculty of the university of Michigan, or by any regularly authorized medical society in this State for that purpose, he shall prepare such tabular statements, results, and deductions therefrom as will render them of practical utility, and make report thereof, annually, to the governor of the State, which report may be ordered published and distributed in such manner as the legislature may from time to time direct.* — § 863. Bound volumes of reports. Secretary of State's report to Governor. Certificate of death. Contents. Refusal to certificate, Fenaltjr. Pacts to be pbtalned by Bnpervlsor, Refusal to famlsb. Obtained nnder oatb. Sec. 6 of this act is superseded by sees. 6 and 7 of Act No, 128, Laws of 1887 (sees, 494 and 495 of this compilation). 665. (816.) Seo. 7. Every physician, surgeon, or midwife, who shall have been in attendance upon any deceased person, shall, upon application of any supervisor or assessor of the town- ship, city, or any ward thereof, in which such death occurred, make out and deliver to such supervisor or assessor a certified statement, without fee, containing the name of the disease or cause (if known), producing the death of such person ; and any medical attendant who shall neglect or refuse to give such state- ment, or who shall willfully make a false statement in relation to such death, shall, for such oSense, be liable to a fine of not less than ten nor more thad fifty dollars, and the costs of prose- cution, which fine the said supervisor or assessor is hereby required to sue for and collect in his official character, — § 864. 566. (817.) Sec. 8, It shall be the duty of each supervisor or assessor to obtain the facts in relation to births and deaths within his township, city, or any ward therein (not otherwise obtained), from the heads of families, the keepers, overseers, or superintendents of asylums, hospitals, jails, prisons, workhouses, almshouses, houses of, correction, and similar institutions, th& keepers of hotels, public and private boarding-houses, and the masters or chief officers of steamboats and sail vessels navigating any of the waters of this State and touching at any port of entry therein, in which such births or deaths occurred.; and if either of the above-named persons shall refuse to give such information, then the same shall be obtained by such supervisor or assessor from any person having a knowledge of the facts in relation to such birth or death ; and if the supervisor or assessor shall have reason to believe that any person or persons willfully misrepre- sented or concealed any facts relative to such birth or death in his township, city, or any ward therein, which he cannot other- wise obtain, he may examine such person or persons on oath *Sectlon 10 of Act Mo. 170, Laws of 187T,fprovides for printing and dlstrlbntlon of the reports. STATISTICS, VITAL, ALSO OF INSANE, DEAF, DUMB, AND BLIND. 151 (which oath such supervisor or assessor is hereby empowered and authorized to administer), in relation to any birth or death with- in his township, city, or any ward therein, of which such person or persons may have any knowledge or information ; and if any Neglecting to person, after being duly subpoenaed (as provided for compelling tllvaal. the attendance of witnesses in justices' courts) by such super- visor or assessor, for the purposes aforesaid, shall neglect or refuse to appear before such officer, or appearing shall refuse to be sworn and testify in relation to such matter, he shall be deemed guilty of a misdemeanor, and upon conviction thereof Penalty, shall be punished therefor by fii^e not exceeding fifty dollars, and in default of paying the same, shall be imprisoned in the county jail of the county in which such conviction shall be had until said fine be paid, but not exceeding ninety days ; and any Perjury. person who, after being duly sworn as aforesaid, shall willfully make any false statement in relation to any birth or death, about which he is required to testify, shall be deemed guilty of willful and corrupt perjury : Provided, That no person shall be required Proviso. to answer any question which will tend to criminate himself or herself upon any such examination. — § 865. 567. (818.) Sec. 9. In case of the refusal or neglect by Neglect to per- any of the officers mentioned in this act, to perform any of the *°"" ''""°°' duties hereinbefore required of them or either of them, to be done and performed by any of the provisions herein contained, such officer shall be liable to a fine not to exceed one hundred Penalty. dollars, and the costs of prosecution ; and the prosecuting attor- ney in each county is hereby required to prosecute, in the name of the people of t'he State of Michigan, all persons in his county who shall willfully violate any of the provisions of this act ; and MiBdemeanor. the said supervisor or assessors of any township, city, or any ward therein, may be prosecuted for a misdemeanor under this section, and upon conviction punished as therein provided for. — §866. 668. (819.) Sec. 10. Sections 3,213, 3,214, 3,215, and 3,216 sections of the compiled laws of 1857 be and the same are hereby repealed. 669. (820.) Sec. 10 [11]. The severa,l supervisors and asses- compensation sors of the townships, villages, and cities in this State, who have and assessors made any returns of births and deaths to the county clerk of*"^^- their respective counties for the year eighteen hundred and sixty- eight, and have not received the amount of compensation as pro- vided for in this act, shall be paid therefor at rates set forth in the preceding sections. And such county clerks as have made county cierks. returns of the births, marriages, and deaths to the secretary of State for the year eighteen hundred and sixty-eight, and who have not received compensation therefor, shall be paid for the same at the rates set forth in the preceding seotiouB.— Added by Act 126of 1869.— % 867. STATISTICS OF THE INSANE, DRAP, DUMB, AND BLIND. — • .. -KT mo ToT>ninf 1878 entitled. "An act to provide for the collection of 152 PUBLIC-HEALTH LAWS OF MICHIGAN. Supervisors to collect BtatlBtlcB of deaf. dumb, blind, Insane, etc. When blanks to be delivered to county clerk. County clerk to transmit to secretary of skate. Secretary of state and county clerks to dis- tribute tbls act .and blank jeturns. County clerk to furnish certain Information to trustees of Deaf, Dumb, and Blind Institute. 570. Section 1. It shall be the duty of the supervisor or assessor of each township and ward in this State, at the time of making his general assessment and assessment roll for his town- ship or ward in each year, to ascertain and set down, in a blank prepared for that purpose, the names of all insane, deaf and dumb, dumb, blind, epileptic, and idiotic persons in his town- ship or ward,, showing the person's age, general health, habits, and occupation ; the kind, degree, and duration of such afiB.iction ; the sex ; whether married or single, or widowed ; the time under medical treatment ; the pecuniary ability of the person thus afflicted, and of the relatives of such person liable for his or her support; whether supported wholly or in part by the public, and such further information relative to these classes of persons as may be thought useful. Such supervisor or assessor shall deliver said blank to the county clerk of his county on or before the first day of June, and the county clerk shall forthwith transmit said blank to the secretary of State, who shall present an abstract of the information thus obtained to the governor, on the thirtieth day of September, or as soon as practicable thereafter. — As amended ly Acts 52 of 1875 and 81 of 1881.—% 848. 571. Seo. 2. The secretary of State shall as soon as practi- cable after the passage of this act, transmit to each county clerk of this State, a sufficient number of copies of this act to furnish each supervisor or assessor of his county with one ; also a suffi- cient number of blanks to be prepared by him, to be used in car- rying out the provisions of this act. The county clerk of each county shall, on receiving the same, immediately distribute said copies) and blanks to the supervisors or assessors of his county. The secretary shall each year thereafter, before the first day of April, transmit to each county clerk a sufficient number of blanks, to be distributed by such clerk to the supervisors or assessors of his county, to be used in carrying out the provisions n of this act.— § 849. Act No. 70, Laws of 1875. 572. Section 1. The People of the State of Michigan enact, That it shall be the duty of the county clerk of each county, to make and forward to the trustees of the institution for the deaf and dumb, and the blind, on or before the first day of Decem- ber of each year, on blanks to be furnished by the secretary of State for that purpose, a copy, in detail, of so much of the sta- tistical report of each supervisor or assessor, as is required by an act to provide for the collection of statistical information of the insane^ deaf, dumb, and blind in this State, etc., being act one hundred and nine of the laws of eighteen hundred and seventy- three, approved April seventeen, eighteen hundred and seventy- three, as relates to the deaf, dumb, and blind, in each county respectively. — § 850. STATISTICS OF TEBATMBNT AND CURE OF INEBRIATES. Act No. 100, Laws of 1S73. 573. Section 1. The People of the State of Michigan enact, STATISTICS OF INEBRIATES. COLLECTION OP PENALTIES, ETC. 153 Ih*!?^ governor of the State of Michigan may commission a oovemormay -™T)en ^*o th';''^. . P'''°°' ""^T ^t^^ "'^"" ^"' without ™irrp"e"r- «xpense to the State, to procure information and stjatiatics rela- ^o^-etc tive to the scientific treatment and cure of the victims of intem- perance.— § 851. :XIII.— PENALTIES AND P0EFEITUEE8.-DUTIES OP PROSECUTING ATTORNEYS, SUPERVISORS AND OTHER TOWNSHIP ofelCERS IN CASE OP VIOLATIONTOP THE LAW. OP THE COLLECTION OF PENALTIES AND FOEFEITDRES. From chapter 128 of Revised Statutes of 1846, or chapter 216 of CompUed Laws of 1871. 574. *(6852.) Sec. 13. It shall be the duty of every super- Duty of super- visor, whenever he shall know or have good reason to believe ^J^^o^^e that any penalty or forfeiture has been incurred within his town- ship, which shall be recoverable by action before a justice of the peace, according to the foregoing provisions of this chapter, forthwith to commence and prosecute a suit, in the name of the people of this State, for the recovery thereof.— § 8439. 675. (6853.) Seo. 13. It shall be the duty of every other Duty of other township officer, who shall know or have good reason to believe offlTeS'" ' that any penalty or forfeiture has been incurred within his town- ship, forthwith to give notice thereof to the supervisors.— § 8440. ^ 576. (6854.) Sec. 14. Whenever any supervisor shall know ''^•'e'' sop^ti- or hvae good reason to believe that any penalty or forfeiture has notilefo^prose. been incurred within his township, which cannot be recovered """"* *"<>™«y- before a justice of the peace, it shall be his duty forthwith to give notice thereof to the prosecuting attorney of his county. — 577. (6855."), Sec. 15. In the cases mentioned in the last pre- ^tiifattomr' ceding section, and in all other cases where the prosecuting "" "^'^ "°*^' attorney shall know or have good reason to believe that a penalty or forfeiture has been incurred within his county, it shall be the duty of such prosecuting attorney, without delay, to prosecute for such penalty or forfeiture ; and in all cases where any suit shall be instituted by the supervisor, as provided in this chapter, it shall be the duty of such prosecuting attorney, if requested by such supervisor, to attend to and conduct such suit on behalf of the plaintiffs.— § 8442. *574. The State can only be recognized by the courts as a suitor in legal proceed- ings through the agents or representatives appointed by law to spe^k and act in its name in the matter in hand ; and, unless in the given case the proper agent or repre- sentative is present, in legal contemplation the State is not present; and this pres- ence of such agent or representative can be made known and attelBted only by the record.— People vs. JNavarre, 28 Mica., i. INDEX TO ACTS AND SECTIONS OF ACTS FEINTED IN THIS COMPILATION. Tear In vhlch the Act was passed. 1855. 1859. 1861. 1863. 1863., 1865.. 1867. 1867. 1887. 1867.. 1869. 1871. 1871. 1871. 1873., 1873., 1873., 1873., 1873. Act, Number. 149 112 315* 123 186 360 61 70 186* 194* 9 12* 12 29* 68 106 143 164* 164 167* 168 26 74 79* 139 81* Sections used in this Oompiiation, Number. 1, 2 5 1 1,2 1-3 1, 2, 6 35 1 1-4 1, 3-6, 7-10 5 14 17 1, 6, 13, 16, 24 25 1-4 1, 2 16 1, 3, 4 1, 4 1, 2 1 1 5 6,10,11,14,17,19,22 1-8 1-11 Compiled Laws of 1871 Sections, ( — ). " 1309, 1310 1696 1741 773?, 7733 2069-2071 2072,2073,2077 7544 7734 2110-2113 810, 812 8M 816-820 7B95 3421 1468,1463,1470 1473, 1481, 1432 7548-7551 7724, 7725 7526 7619,7621,7622 3423,3426 2397, 2898 7619 7730 Howell's Annotated Statutes, Section, §. 1453, 1454 1637 1687 9321, 9322 2133-2135 2163, 2164, 2168 9109 9323 2284-2287 868, 860-862 { 864-867 i 9281 4776 4778 1494, 1499, 1606 I 1509, 1617, 1518 f 9110-9113 • 9310-9311 9090 9200, 9202, 9203 4790, 4793 3433, 3434 9200 2214 9320 3294, 3296, 3298 I 3301, 3803, 8306 f 9115-9117 1622-1632 This Compi- lation, "Pub- lic Health I/Bwp," Sec- tions. 373, 374 , 96 106 288,289 229-231 210-212 551 35 107-110 661-669 487 280-285 653-666 293,294 531 426-428 104,105 431,432 426 260 287 894r400 812-811 1-U * As amended. INDEX. 155 Index to Acts and Sections of Acts printed in this Compilation— COTurisvEV. Tear in which the Act 1873. 1873 1873. 1873 1873. 1873- 1875.. 1875.. 1875.. 1876- 1875.. 1875.. 1875.. 1875., 1875.. 1875.. 1875. ■1875.. 1875. 1877. 1877., 1877. 1877. 1877., 1879. 1879. Act, Number. 81 100 109* 138 178 ^ Sections UBed in this Compilation, Number. 198* 191 53 8 1 1,2 1-3 Chap. XL, Sees. 1,5-7 • XIV., " 1-8 ' XV., " 1 ' XVII., " 4 " XIX., " 2 " XX., " a • xxr., " 1-17 " XXII., " 1,1?, 14, 15 " XXIII.," 2-6 " XXVI., " 7, 8 " XXIX., " 1, 7-9 Art. IV.,Seos. 1-7, 11-14, 18, 19 26 1 1 Chap. VII., Sees. 1, 5, 9-12 64 70 97 98 138 147 200 218 219 56 HI 100 162 167* 63 127 IX., X., " 4 " ,1, 6-9 1,2 1 1 2,4,7 3 13 31 14 it' 1 1 1,2 1 1 12 1-13 Oompiled Lawa of 1871, Sections, ( — ). 7535 2112 7522 7540 3421 1741 Howell's Annotated Statutes, . Sections §. 1629 851 818, 849 9312-9314 2655,2559-2561 2572-2579 2580 2594 2599 2601 2603-2619 2620, 2631, 2633, 2634 2637-2641 2699, 2700 2754, 2780-2762 J ( 3363-3369, 3373- I \ 3376, 3380, 3381 S 9100 3442 848 2849,2851,2855-28581 2926 i I 2958, 2963-2966; 3440, 3441 850 9114 3364, 3366, 3369 2286 9087 9105 4776 4778 1633 9121 9119, 9120 1687 3401 3374 1537-1549 This Oompl. latloD, "Pub- lic Health Lawp," Sec- ; tions. 21 573 570, 571 111-158 403-415 542 421 570 159-164 439, 440 572 323 404, 406, 409 109 528 547 102 103 18 526 390, 391 106 422 411 296-308 * As amended. 156 INDEX. Index to Acts and Sections of Acts printed in this Compilation — Continued. Tear in which the Act was passed. 879. .879. 879. 879. ,879. .879.. 879. 879.. 879. .879.. 879., .88: 188] Act, Number, 115 116 167 166 167 202 207 226* 232 2i5 249 16 31 41 19 56 81 136 175 176 183 190 191 202 206 211 241 243* 261 260 23 U 11 18 20 Sections used in this Oompilation, Number. 19 1 1 1,2 29 1 18,19 1-7 60,61 Chap. VII., Sees. 20, 22-26, BO- SS, 85, 39, 13, 16, 18-66 Chap. IX., See. i " X., " 1,6-9 " XI., " 1 6 2 1,2 3-7 1 1,2 1 1,2 26,28 1 1,2 1^ 1,2 2 7 11 1, 2 Chap, v.. Sees. 1-8, 8, 9 1-7 1-6 1 41 60 Oompiled Lavs of 1871, Sections, (— ). 1710 7538 1163 2111 2397, 2398 1736 Howeii'8 Annotated Statutes, Sections, §. 1681 1685 1684 2186, 2136 a 9103 9118 3380,3381 2096-2102 1682, 16S3 2866, 2S68-2871, ] 2876-2878,2881,2885, 2889, 2891, 2894-2901 { 2926 2968, 2963-2966 2970 1499 2285 2246, 2246 2098-2102 1640 3133, 3134 848 1686 3308,3310 1447 2033, 2031 3437-3439 3136, 3436 1634 118 1865-1370,1386,1387 9321-9330 1998-2003 1676 1539 This Compi- lation, "Pub- lic Health laws," Sec. lions. 19 12 17 232-233 645 525 111, 415 89-95 39,40 165-184 186 1 186, I 187-190 191 281 108 276, 276 91-96 299 131,132 670 33,31 101,102 381 321,325 123-126 419,420 20 14 397 12, 13 363-370 237-243 5C0-505 209 16 46 433 298 * AS amended. INDEX. 157 Index to Acta and Sections of Acts printed in this OojJipiVaiiow— Continued. Year In which the Aot waB pasaed. 1883.. 1883.. 1883- 1883- 1883.. 1883.. 1883., 1883. 1883., 1883., 1883. 1883., 1885., 1885. 1885., 1885. 1883. 1885. 1885. 1885. 1885. 1885. 1885. 1885. 1885. 1885. 1885. 1885. 1885. 1885. 1885. ' 1887. 1887. Aot, Number. Sections used lathis Oompilatlon, Nnmber. 57 71 107 131 137* 138 110 146 167* 173 174 27 39 54 78 83 126 134* 137 138 147* 166 182' 188 195 198 207 227* 234 11 6 1, 2 1 10 1 1-3 1-3 1-12 9,10 1-7 1 Art. IV., 14, Art. V., 22 1, 2 1-8 1 6 1 1 1-13 1-5 1, 2 1, a 1, 2 5, 6, 9-15, 22, 23 ], 2 30 1-5 1 Chap. I., Sees. 1,2 " II., " 1,2,4,6 " III., " 1,3,16-19 " VII., " 1,2,8 " VIII., " 4 " IX., " 4 13 1-3 1, 2 1. 2 Oompiled Laws ol 1871, Sections, (— ). 4724 2110 7539 6559 Howell^B Annotated Statutes, Sections, §. 6214 9122 a 1631 3401 9122 6 / 3376. 1365 1637 9104 8147 3375 This Compi- lation, "Put lie Health Laws," Sec- tions. 371, 372 527 10 422 48-50 320-^22 450-461 659,560 443-449 640 413, 418 246, 247 331-338 363 97 107 318 462-474 347-351 512, 613 437, 438 339,330 213-223 392, 893 516 224-228 441, 142 192, 193 194-197 198-203 20t-206 207 208 412 15-17 214, 215 99, 100 * As amended. 158 INDEX. Index to Acts and Sections of Acts printed in this Compilation— CosTvauuiy. Tear in which the Act was passed. Act, Number. Sections used in this Compilation, ' Number. Compiled Laws of 1871, Sections, {— ) Howell's Annotated Statutes, Sections, §^ This Compi- lation, "Pub^ lie Health , Laws," Sec- tions. 1887 75 88 112 118* 128 I'ffl 136 147 152 156 166 182 196 213 246* 264 268 200 292 34 37 77 91 99 135 146 195 211 212 213 219 221 224 233 233 1, 5 1 20 1-3 1-11 1, 2 1-3 1-4 1-4 » Part of Sec. 7 1-3 Chap. II.. Sec. 2 10 1-8 J-8 1-5 2, 3 1 1-6 2 43 1. 2 1-3 X 25 1 Paragraph 4, of Sec. 3 1, 2 17, 28 25-30 1, 5, 9-14 10 1-6 Chap. III., See. 3 Chap. VII., Sec. 8 475,476 ; 437 535 " 434-436 ^ 489-499 557, 658 326-328 359-363 508-511 101 277-279 195 471 339-346 261-268 382-386 444, 445 159 375-380 49 44 506, 507 316-317 552 S41 319 98 434, 436 398, 402 254-259 1 261, 266, 1 269-274 163 248-253 199 206 1887 1887 7529 9094 1887 1887 1887 1887 1887 1887 1887 1887 1887 , 1887 1887 1887 188r 1887 1887 2847 1837 1889 1889 1734 1675 1889 1889 1889 ]?89. 7534 9099 1889..' 1839 1889 1889 .3801, 3310 1889. 1889 ' 1889 1889 2856 1889 1889 * As amended. [IJ^DEX TO SECTIONS IN COMPILED LAWS OF 1871, PBINTED IN THIS COMPILATION. Compiled Laws of 1871, Sec- tions (— ). Howell's Annotated Statr utes, • 8§. This Com- pilation " Public Health Laws," Sections. Complied Laws of 1871, Sec- tions (— ). Howell's Annotated Stat- utes, §§. This Com- pilation " Public Health Laws," Sections. 706-708 744-746 I80-I80 2069-2071 2133-2135 229-231 810 858 561 2073,2073 2163, 2164 210, 311 813-811 860-862 563-564 , 2077 2168 212 816-820 864-867 565-569 2110-2113 2284-2287 107-110 1309, 1310 1453, 1454 373, 374 2397, 2398 3433, 3434 431, 432 1335 1463 387 3421 4776 102 1331 1469 388 3433 4790 104 1334 1473 389 3426 4793 105 U58 1494 2i0 4719-4729 6:X)9-6319 477-485 1463 1499 281 6373-6377 7981-7965 3Sa-38e 1470 1506 282 6377 7965 31 1473 1509 283 6559 8147 442 1481, 1483 1517, 1518 384,285 6852-6865 8439-8443 574-577 1693 1633 18 7510-7514 9075 9079 514-518 1693 1634 20 7516-7521 9081-9086 519-524 1694, 1695 1635, 1636 32,23 7522-7533 9087-9098 638-539 1696 1637 96 7534-7544 9099-9109* 541-551 1698-1704 1633-1645 24-30 7536 9101 295 1705 1646 33 7548-7551 9110-9113 553-556 1705-1725 1646-1666 58-78 7598 9169 429 1726, 1727 1667, 1668 51,53 7601 9172 430 1728 1669 43 7619 9200 436 1729-1733 1670-1674 53-57 7621,7622 9202,9203 '427, 428 1734, 1735 1675, 1676 44,45 7691, 7695 9280, 9381 486, 487 1736 1677 41 7705 9291 488 1737-1739 16r8-1680 36-38 7724, 7725 9310, 9311 293, 291 '. 1740 1681 19 7726-7738 9316-9318 234-236 ' ^: ■ 1741 1687 106 7729, 7730 9319, 9320 286,387 2003-2008 1456-14B3 352-358 ' 7733, 7733 9321, 9322 388,289 2059-2061 3103-2105 309-311 7734 9323 35 Il^DEX TO § § OF, HOWELL'S ANiNOTATEI^ STATUTES, PRIIifTED Ilif THIS OOMPILATIOI^. Howell'B Annotated Stat- utes, §§ Compiled Laws of 1871, Sec- tions (-) This Oom- pUatlon, "Public Health Laws," • SectlonB. Howell's , Annotated Stat- utes, §§ OompIIed Laws ot 1871, Sec- tions (— ) This Com- piiatlon, "Public Health Laws," Sections. 418 744-746 848^851 868 860-862 864-867 1365-1370 1336, 1387 1447 1453, 1454 1466-1463 1463 1469 1472 1494 1499 1506 1509 1517, 1518 15S7-1649 1622-1628 1629 1630-1632 1634 1635, 1636 1637 1639-1646 1646 14 I80-I80 570-573 661 662-564 566-569 363-368 369, 370 381 373, 374 35^-358 387 388 389 280 281 282 283 284,286 296-308 1-7 8,21 9-11 20 22,28 96,97' 24-30 32, 68 / 1647-1666 1667, 1668 1669 1670-1674 1675, 1676 1677 1678-1680 1681 1682, 1683 1983 1684 1686 1686 1687 1998-2003 2033,2034 2091-2094 2096-2102 2103-2105 2133-2135 2136-2186a 2163, 2164 2168 2284-2287 2565 2559-2661 2672-2680 2594 1706-1725 1726, 1727 1728 1729-1733 1784, 1785 1736 1737-1739 1740 59-78 51, 62 43 1 53-67 ; 44, 46 41 1 36-38 19 ^ 39, 40, 61a ; 47 ' 42 33,34 106 600-606 324,325 79-82 89-95 309-311 229-231 232, 233 210, 211 212 107-110 111 112-114 115-123 124 706-708 810 812-814 816-820 1309, 1310 2002-2008 'l325 1331 1334 1458 1463 1470 1473 1481, 1482 1741 2069-2061 2069-2071 2072, 2073 2077 2110-2113 1693 1694, 1696 1696 1698-1704 1705 INDEX. 161 Index to %% of Howell's Annotated Sioiwies- Continued. Howell's Annotated Stat- utes, §§. Compiled LawB ol 1871, Sec- tion (— ). This Com- pilation, "Public Health Laws," Sections. Howell's Annotated Stat- utes, §§. Compiled Laws of 1871, Sec- tions, (-). This Com- pilation, "Public Health Laws," - Sections. 2599 2601 2603-2620 2631 2633, 2634 2637-2641 2899, 2700 2754 2T60-2763 2847 2851 2855-2858 2866 2868-2871 2876-2878 2881 2885 2889 2891 2894-2901 2926 2958 . 2963-2966 2970 8294, 3295 3298 3301 3303 3306 3308 3310 3363-3369 3373-3376 3380, 3381 3386 3391 3401 3433,3434 125 126 127-144 145 146, 147 148-152 153, 154 155 / 166-158 159 160 161-164 165 166-169 170-172 • 173 174 175 176 177-184 185 186 187-190 191 395, 396 397 398 399 400 401 403 403-409 410-413 414, 416 416 417 422 431, 432 3436, 3436 3437-3439 3442 4776 47V8 4790 4793 6209-6219 7961-7964 7965 8147 8439-8442 9075-9079 9081-9086 8087-9098 9099, 9100 9101 9102-9109 9110-9113 9114 9115-9117 91J8 9119, 9120 9121 9122a 91226 9169 9172 9200 9202, 9203 9280, 9281 9291 9310, 9311 9312-9314 9316-9318 9319-9322 9323 9324-9330 419, 420 423-425 421 l|i2 103 104 105 477-485 38o-38(J 31-386 442 574-577 514-518 519-524 528-539 ;641, 542 295-643 544-551 653-556 323 312-314 525 390, 391 526 527 321, ■'i22 429 430 426 427, 428 486, 487 488 293,294 290-293 , 234-236 286-289 35 237-243 3421 3423 " 3426 4719-4729 6373-6376 6377 , 6569 6852-6855 7510-7514 7516-7521 7522-7533 7534, 7635 7536 7537-7544 7548-7561 *r 7698 7601 7619 7621,7622 7694, 7695 7706 7724, 7726 7726-7728 ( 7729-7730 ( 1 7732-7733 i 7734 2397, 2398 ALPHABETICAL INDEX. IWhen not otherwise stated, references are to consecutive numbers of sectionH.] Sections. Abortion, etc., advertisement and sale of drugs for 290-294 miscarriage, etc., procuring 290-293,649-551 Acts, and sections printed in this compilation, index to, pages : 124-158 Adulteration, Inspection, protection, etc., of foods, drugs, etc Ill, 125, 159, 175, 210-215 ' Adulteration of illuminating oils 300 Age of consent of eirls, with reference to rape, 14 years 535 Alcoholic drinks, etc., pupils to be instructed and teachers examined in effects of SOla Alcoholic liquors, adulteration, sale, etc Ill, 254-259, 601 Ale-houses, etc., to be regulated by incorporated cities Ill Animals affected with contagious diseases, disposition of... 218-223 indemnity for, when so liilled 215-217 dead, disposal of. » 35 Assault with intent to murder... , 529 and robbing, from person, being armed 630 penalty for, being armed 631 and stealing from person, not being armed 633, 633 with intent to commit rape 636 penalty for in certain cases _ 540 and battery, punishment for in certain cases 545 with intent to commit felony 544 with intent to maim 524 with intent to do great bodily harm, punishment for 527 Baggage, clothing, etc., detention and disinfection of 63-66, 74-78 Benzine, gasoline and naphtha must be labeled 319 Births, marriages and deaths, registration of 561-569 Blind, deaf, dumb, and insane, statistics of 570-572 Blowers, when and where to be used 326-328 Board of health provisions in general laws for Incorporation of cities and villages 111-191 Boards of health in townships, cities, and villages,— powers and duties of 8, 18-110 what provlslona are common to townships, cities, and villages 19 Biwtal, Cemeteries, etc., duties of, relative to,— shall make regulations for the burial of the dead 96 may forward certain dead bodies for dissection 107 shall purchase and hold land for burying-grouud 96,97 may acquire land for enlarging cemetery 103 may sell real estate ; but may not sell cemetery, except on order of circuit court 106 on burial, etc., other sections are 123, 126, 160 G,erk of,— clerk, and health physician, shall keep record of proceedings, In a special b:)ok 18 clerk shall report to State board annually and when required 8 Communicable Diseases, Hoxpltals, Quarantine, etc., duties relative to,— dnty to iavestigate cases of contagious diseases in animals 214 shall make regalations respecting causes of sickness, infection, contagion, etc 22, 23 ALPHABETICAL INDEX. 163 Sections. shall give notice of regulations 24 mar offer free vaccination 41,48 may establish and maintain quarantine grounds and regulations, in certain townships. 73 quarantine expenses 78 may inspect and restrain travelers from infected places 61, 74, 77 may enforce detention and disinfection of suspected baggage, clothing, etc 63-65, 74-77 shall determine charges for detention and disinfection of baggage, etc .\.... 66 said charges paid by owner ^ 66,67,76,78 jniy grant permit for removal of infected article or person 68 shall regulate infected articles 1 23, 53, 58, 61, 64, 65, 74-77 notices of dangerous diseases to be given to health ofloer, president, or clerk of 44, 45 compensation to physician for said notice 46 shall use all possible care to prevent spread of infection on outbreak of disease. 56 shall give notice of infected places 48, 56 maybe constantly provided with hospitals 51 shall provide hospitals on outbreak of contagious diseases 54, 55, 69, 60 shall control hospitals for contagious diseases 62-55, 57, 60, 76 penalty for violating hospital regulations of 57 has discretion as to removal of sick person to hospital 55, 59, 60, 76 shall provide nurses, other assistance, necessaries, etc 48, 69, 60 may direct removal of infected prisoner from jail to hospital 68 presiding oflcer of, to attest and return order for removal of prisoner 69 inoculation with small-pox, except at hospital, prohibited 43 expenses for nurses, attendants, other assistance, necessaries, etc 59, 66, 67, 78 on communicable diseases, etc 115, 120, 122,126, 160, 177, 182-184 Expenses incurred hy, etc.— shall establish compensation of health officer 20, 60 compensation to health officer for certain special duties 60 shall audit fees and charges of employes 20 shall audit notice-fees of physicians 46 charges for securing and purifying baggage, clothing, etc., determined by 66 said charges shall be .paid by owner 66, 76, 78 quarantine expenses paid by person or owner of vessel 76, 78 for nurses, attendants, other assistance, necessaries, etc., when paid by individuals 69 • when same paid by county to which sick person belongs 59, 67 In suppressing contagious diseases in animals 214 what expenses paid by county In which incurred ." 59,67 Health Officer of,— shall appoint a health officer, and report address' 20 shall establish compensation of health officer 20, 50 health officer may be directed to offer free vaccination 41, 42 notice of dangerous diseases must be given to health officer, president or clerk 44, 45 city and village health officers must notify attorney of failure to ^ive said notice... 47 special duties of health officer on receipt of notice of a dangerous disease 48, 49 shall at once Investigate the subject *8 shall order isolation of th03« sick or infected *8 shall order prompt vaccination or isolation of those exposed to small-pox 48 shall let none suffer for lack of nurses_or necessaries when Isolated 48 shall give notice of infected places by placard and otherwise. 48 shall notify teachers, of families where are sick persons « siall supervise funeraU of decedents from dangerous diseases 48 shall disinfect rooms, clothing, premises, etc *8 shall keep president of local board and secretary of state board Informed 48 when said requirements have force of regulations by local board 49 compensation to health officer for said duties 20.50 health officer shall enforce medical practice act «» health officer shall report annually, and when required, to State board of health 8, 21 164 ALPHABETICAL INDEX. Sections. Boards of health, local, continued :— health offlcer shall notify State board of outbreak of dangerous disease K.. 48- shall keep State board and president of local board informed concernhig same 48 Meetings of,— shall meet within 30 days after annual township meeting 20 special meetings of, how called 20 Noticcfof Regulations by,— shall give notice of its regulations, by publication or posting Si Nuisances, duties of, relative to, etc.— shall make regulations respecting nuisances, etc - 23, 23 shall give notice of resiulations 24 to examine into, regulate and abate nuisances, sources of filth, causes of sickness 22-40 nuisance, etc., on private property, how abated by.. 20-34 to regulate and abate nuisances on vessels 22-25, 39,30, 76 entrance to building or vessel to abate nuisance, how enforced by 29,30 may compel owner, etc., of vessel to testify 77 may permit removal of nuisance. Infected article, or sick person 32 may regulate privies and water-closets in townships and villages 33, 34 shall assign places for offensive trades 36, 37 may enter complaint against location of offensive trades 37 on nuisanbes, etc., other sections relating to are. ...Ill, 116-119, 124, 147, 149-152, 159, 167, 174, 178-181 Organization of,— in townships (is the township board) 18 in certain cities 19, 121,122 in certain villages 19, 183,184 Regulations made by,— shall make regulations respecting nuisances, sources of filth, causes of sickness, and Infected articles. , 22, 23, 33, 34 certain duties of health officers In absence of contrary regulations 48, 49 hospitals for contagious diseases, and houses used as such, subject to regulations of 52, 64, 55 penalty for violation of hospital regulations 57 quarantine regulations, what boards may make, extent of, etc 73, 74 penalty for violating quarantine regulations 75 ' when provisions of act 137 of 1883 have force of regulations 49 on regulations, other sections are 121, 122, 183, 184 Board of health. State, act establishing 1-11 I annual report of 5,10' ' appropriation for 7,12 to prevent introduction and spread of cholera, etc 15-17 duties of : 2, 3, 4, U health officers and clerks to report to 8 meetings of 3, 4, 11 members, appointment, term, vacancy. 1 compensated for expenses only 6 mining companies, etc., to report to 9 officers to furnish information to 9 physicians of certain companies to furnish information to 9 president, election of i secretary, election, salary, term of office, and duties 4, 6, 6 secretary of State to furnish room for 11 shall examine plans for certain buildings 14 shall visit certain State institutions 14 Bovine vaccine virus, townships and boards of health may offer free vaccination with 41, 42 Bridges, highways, crosswalks, etc., defective, damages by 382-386 owners of mlUraoes must maintain, at certain highways 373, 374 protection and preservation of 359,874 fast riding and driving over. 371-378 ALPHABETICAL INDEX. 165 Sections. Buildings, examination of plans, location, etc., by State board of health .' z, 14 examination of, by local authorities 80, 82, 86, 87, 91-95. 333, 337 not Inspected or not conforming to law, penalty for using 81, 88, 93 Building-inspectors, appointment, powers, and duties of board of 86 91-95 Butter, cheese, milk, etc., adulteration and sale of, and deception In 240, 260-279 Candy, adulteration and sale of , 244 245 •Carriages, etc., must turn to right on roads and bridges... 352, 353 Carriages for passengers, horses drawing, must not be run 356 horses of, must not be left unhitched 357 owners of, liable for damages 353 penalty on employer of drunken driver of 354, 355 Carryiug concealed weapons 557-558 Cattle, sheep, etc., protection against contagious diseases in 213-233 Cemeteries, belong to township or city in which situated after change of boundary... iVote on page a7 board of health shall purchase, hold in trust, and regulate 96, 97 provisions for enlargement of 103 board of health shall fence 97 board of health may sell lots in _ 97 hoard of health may sell, only on order of circuit court 106 when and how they may be vacated in cities and villages 104, 105 bodies, tombstones, etc., must be removed on vacation of... 105 when vacated, bodies not to be removed in June, July, August, or September 105 entering, by climbing or leaping fences, prohibited * 103 use of fire-arms in, prohibited 102 In or belonging to certain cities and villages 123, 126, 160, 185 taxation of. 98 ■Census, decenni|il 559, 660 when certain city councils may take HI schedules of, how to be numbered and what to contain 539 Certain social relations, morals, etc ; 477-513 Cheese, butter, milk, etc., adulteration of and deception in 240, 260-279 Children, protection to health, life, and morals of...' 500-511, 540-552 under 13 years, toy pistols not to be sold or given to or used by 320-322 employment of prohibited in certain cases 508-511 tobacco not to be sold to, under 17 years of age 806, 507 •Child, unborn, willful killing of 848 attempt to destroy 849 ■Chqlera, householder and physician must give notice of U, 45 indexed, also under " Diseases dangerous to the public health." jfind other dangerous communicable diseases, appropriation for State Board of Health, to suppress 15-17 •Churches, schools, theaters, factories, shops, etc., fire-escape provisions 83-95 Circuit court, has equity jurisdiction over nuisances, may grant injunctions 31, 386 may revoke assignment of places for offensive trades 37 of action in, for private nuisances 38a-386 City and village corporations, note on powers of poffes 48-49 • Citiesand villages, vacating cemeteries in 104, lOo Cities, health provisions in general law for incorporation of powers and duties of council.. 111-158 -City boards of health, organization, powers, duties 8, 19-21. *2, 48-50, 106, 121, 128 •Oity council, has board of health pDwers and duties 19< l^L 122 examination of buildings by 80-82,86,87,90-92 may acquire land for enlarging cemeteries, how WS vacation of cemeteries by ' may forward certain bodies for dissection - l"* may assign places for offensive trades, and revoke assignment S6, 119 powers and duties, if incorporated under Act 178 of 1873 111-188 166 ALPHABETICAL INDEX, Sections. Clothing, baggage, etc., detention and disinfection of 63-66,74-78- CommlsBioner of highways, duties of 383-370,381-384 Commissioner of railroads 394-406,413,422, 424,425,440- Commnnloable diseases, householder and physician must give notice of 48, 44, 45 Communicable diseases (Indexed under "Diseases dangerous to the public health"). Compensation to physicians for notice of communicable disease 46 of health officer '. - 20,60 Compiled laws of 1871, index to sections of -Page 159 Confectionery, adulteration and sale of 244-345 Constables and sberlfls, concerning duties of 30, 63, 63, 67, 575 Conception, publication and sale of recipes or prescriptions to prevent 294 Contagions diseases, householders and physicians must give notice of 44, 45- Indexed also under " Dieeases dangerous to the public health." Contagious diseases In cattle, sheep, etc., protection against 313-233 Contingent appropriation, for prevention of introduction and spread of communicable diseases - 15- Crosswalks, bridges, highways, etc., defective, damages by 382, 383,386 Council, Indexed under Oity council or Village board. Danger signals must be placed at iue-cuttings h 390, 391 Dead animals, disposal of 35 Deaf, dumb, blind, and insane, statistics of 570-572^ Deaths, blrths,'and marriages, registration of 661-569- Demonstrator of anatomy, Ann Arbor, may receive and distribute certain bodies for dis- section 107,108 Dental-practice, regulation of 460-461 Detroit Medical College may receive certain bodies for dissection 108- Diphtheria, householder and physlclnn must give notice of 44, 45 Diseases dangerous to the public health,— physicians and householders must notify health officer, president, or clerk of 44, 45 compensation to physician for notice of 46 board of health shall make regulations concerning infected articles.^ 23, 33, 53, 58 shall give notice of regulations 34 may offer free vaccination 41,43, 48 inoculation with small-pox, except at hospital, forbidden 43^ shall maintain and control hospitals for 51-60, 76- has discretion as to removal of persons to hospital 55 shall provide nurses, other assistance, necessaries, etc 48, 59, 60 inspection and restraint of travelers from infected districts 61, 82, 74-78 examination and purification of infected baggage, clothing, etc 63-66, 74-78 expenses of same 66,67,76,78 expenses of quarantine paid by person or owner of vessel 76, 78 expenses of securing and purifying baggage, clothing, etc., paid by owner 66, 67, 76, 78 expenses for nurses, attendants, other assistance, necessaries, etc., when paid by Indi- viduals 69 when same paid by county to which sick person belongs 59 what expenses paid by county in which incurred 59,67 exclusion of from State public school 61a health officer must notify prosecuting attorney of failures to report 47 health officer, special duties of, on receiving notice of such disease 48-60 shall at once Investigate reports of 48 shall order isolation of 'those sick with 48 shall order prompt vaccination or isolation of those exposed to small-pox 48 shall see that none suffer for lack of nurses or necessaries 48 shall give notice of Infected places by placard and otherwise 48 shall notify teachers, of families having dangerous disease 48 shall supervise funerals of decedents from 48 ALPHABETICAL INDEX. 167 Sections. shall disinfect rooms, clothing, premises, etc 4^ shall keep State board and president of local board informed concerning 48 when foregoing requirements have force of regulations by local board i^ compensation to health officer for said duties gg 50 'prevention and restriction of, in certain cities 115 jgo jgft prevention and restriction of, ince'rtaln villages 160 177 ISZ provision and regulation of hospitals for 51,68, 70, 76, 115, 120, 160, 177, 182 quarantine, enforcement and expense of 71-78 removal to hospital of persons infected with 55,58-60,62 68 70 76 restriction of, in jails and poorhouses 68-70 Diseased, meat, protection against '. 213-214 animals, indemnity for , 215-217 Disinfection of clothing, baggage, etc 48 63, 64 66 76 Disinfection of rooms, clothing, etc., when the duty of the health officer ...j. 48 Disinfection, quarantine, detention, nurses, necessaries, etc., expenses for 50, 59, 66, 67, 76, 78 Dissection, provision for bodies for 107-110 certain bodies provided for, not to be taken out of the State 109 Drainage of swamps, marshes, and other low lands 192, 193: Drains, sewers, sinks, cellars, privies, etc., in certain cities HI, 117, 118, 127-143, 153, 154, 20» Drains, sewers, privies, etc., in certain villages 33, 166-173, 185-209- location of ,.. 198-20* traversing more than one county .'. 204-206 Drain Commissioners 194-197 Drinks, foods, drugs, etc., adulteration and sale of 234-243 Driver of passenger-carriages, must not run horses or leave them unhitched 356, 357 penalty on employer of drunken driver 354,355 Druggists and Pharmacists, organization of. 475, 476 Drugs, advertisement and sale of, to produce abortion, etc 290-294 Drugs, medicines, etc., adulteration of 234-243 Duel, fighting 517,519 challenging or accepting challenge to fight - 519, 520 posting, etc., for not accepting challenge to fight 521 acting as second for. r 518 Dueling, murder, etc 514-524 Enclosing or filling of shafts, pits, etc 392, 393 Epidemics, State Board of Health shall investigate causes of 2 Brrata - vage 176 Examination of plans for public buildings, by State boards of health and of corrections and charities ', 14 Examination of hotels, public houses, inns, factories, mill's, warehouses, workshops, theaters, opera-houses, public halls, churches, school-houses, etc., by local authori- ties 79-95 Expenses for nurses, necessaries, disinfection, detention, quarantine, etc 60, 59, 66, 67, 76, 78 Explosions and similar accidents 296-325 Explosives, fire-arms, etc 296-323 Bending in public conveyances, and having same for unlawful purposes 315-317 penalty for sending with intent of in jury to persons B25 Factories, mills, shops, theaters, etc., fire-escapes required at 83-88 Fats, sale of. and adulteration with 240, 200,275, 279 Female complaints, advertisement and sale of drugs to cure 293-294 Females, criminal assaults on 530-540 Ferries, regulation of 387-389 Ferry-landings are public highways .- 389 Filth, board of health to regulate, prevent, and remove sources of 22-29 Ffre, alarm, etc., protection of inmates of hotels, etc., from danger by 79-95 Fire-escapes, from hotels, factories, mills, shops, theaters, opera-houses, etc 83-88 Fire-arms, use of, in cemeteries, prohibited 102 1.68 ALPHABETICAL INDEX. Sections. Fire-arms, careless use of 553-556 Fire-arms, for maiming or injuring with 655 action for damages in case of maiming or wounding by discharge of 556 Fire department and limits In certain cities and villages 165-158, 186-190 Fire from steam-vessels, protection against 824,335 Fireworks, gunpowder, combustibles, etc., regulation of Ill, 157, 189, 309-323, 4,19, 420 Fish, protection of 210-212 Foods, drinks, drugs, medicines, etc 210-295 Foods, adulterated, must be marked as such 239, 240, 246, 247, 275, 276 Foods, drinks, drugs, etc., adulteration and sale of , 234-274 Foods, etc., Injurious and fraudulent adulterations prohibited 235-240, 244, 254, 260, 2^1, 289-274 Foods, drugs, etc., inspection, protection, adulteration, etc Ill, 115, 159, 175, 210-285 Foods, drinks, medicines, wells, etc., poisoning 295, 543 Foot-rot In sheep, protection against 232-233 Forfeitures and penalties, of the collection of 574-577 Frogs, switches and gaard-ralls, protection at .- 413 Funerals of decedents from communicable diseases, health oflB^oer should supervise.— ..... 48 Gasoline, benzine and naphtha must be labeled 319 Gatesi safety, on swing and draw bridges 375-380 Glucose, adulteration with 240 Gunpowder, fireworks, combustibles, etc., regulation of ...Ill, 157, 189, 309-311, 325, 419, 420 Guns, spring-guns, etc., penalty for leaving set 323 toy-pistols, sale to and use by children under 13 years prohibited 320-322 Harbors, wharves and harbor-masters in certain cities and .villages 124, 174 Jlealth oflcer, evjry board of health must appoint and report a 20 compensation of : 20,60 supervisor may be health officer in certain townships 20 In cities and villages, must notify prosecuting attorney of failures to give notice of con- tagious diseases 47 must report to State Board of Health annually, when required, and outbreak of disease 8, 21, 48 may be instructed to offer fre? vaccination with bovine virus 41,42 reports of diseases dangerous to public health must be given to 44, 45 removal of Infected prisoner, on opinion of 68 shall enforce act for registration of medical practitioners 449 special duties of, on receipt of notice of a dangerous diseaie 48, 49 shall at once investigate the subject 48 shall order isolation of those sick with dangerous disease 48 shall order prompt vaccination or isolation of those exposed to small-poZ 48 shall let none suffer for lack of nurses or necessaries when isolated 48 shall give notice of Infected places by placard and otherwise 48 shall notify teachers, of families where are sick persons 48 shall supervise funerals of decedents froiii dangerous diseases 48 shall disinfect rooms, clothing, premises, etc 48 shall keep president of local board and secretary of State Board informed 48 compensatiOD of health offli-er for said duties 20,60 when said requirements have force of Regulations, by local board 49 Health-physician (Health Officer), Indexed as health officer. Highways, bridges, crosswalks, etc., defective, damages by 382,383 Highways, duties of commissioner or overseer of 863-370, 381,384 Highways, encroachment of water courses on 863-368 Highways, ferry-landings are public highways 389 Highways, regulation of travel on i 353-362 Highways, streets, bridges, etc., must be kep^t in repair 384-886 Highways, slaughter and rendering houses in townships to be more thau 20 rods from 39-40 Honey, adulteration and sale of , , 240,246,247 Hospitals for contagious diseases, townships may be constantly provided with 51 must be provided on out-break of small-pox or other dangerous disease 54-57,68, 70 ALPHABETICAL INDEX. 169 Sections. house of uiimovable sick person to be deemed a j 55,60 to be controlled by board of health / 52-55, 57, 68, 130, 126, 160, 177, 182 penalty for violating regulatlona of -- 57 ' removal of infected persons to 65, 58, 60, 6a, 70, 115, 120, 177, 182 warrant for removal of person to 62 removal of inmates of jail or poorhouse to ' 68-70 penalty for inoculating with small-pox except at 43 in or for certain cities and villages 115, 120, 126, 160, 177 Hotel-keeper must give notice of communicable diseases to health officer, president, or clerk ,. a Hotels, protection of inmates of, from danger by Are or alarm 79-83, 89-9i Hotels over two stories high must have flro extinguishers and alarms 79 must keep competent watchman all night 79 must keep halls and stairways well lighted all night 79 must keep red lights at head of stairs, and not elsewhere 79 Householders must give notice of communicable diseases to health officer, president, or clerk -. ** Howell's Annotated Statutes, index to sections of Papes 160-161 Hygiene, State Board of Health to recommend text-books in 2 instruction must be given and teachers must be examined in - 6Cla Ice-cuttings, danger signals must be placed at 390, 391 Illuminating oils, adulteration of 300 dnspection and use of .-r. 296-308,415 not inspected or below test, penalties for sale or use of 296-3P0 test for 2W.«6 powers and duties of inspectors of, etc •■ 296-308 Immoral practices, enticing certain males into secret places for J *52 Imprisoning, confining, etc., unlawful 541,542 Index to sections of Howell's Annotated Statutes, printed herein Pages 180-161 to sections of Compiled Laws of 1871, printed herein ^«96 159 to acts and sections printed in this compilation Pacrcs 154-158 Inebriates, statistics of treatment and cure of Infected articles, board of health may permit removal of 32, 58 regulation of, by boards of health 23, 32, 48, 49, 53, 57. 58, 63-65, 74-78 Infected baggage, clothing, etc., detention and disinfection of "»-"^' ''*-"' Infected persons, board of health may permit removal of ■55";8:60:62:'70,'n5:"l"20, 17M82 :z^o^!:!!T!!^:::3;:z:;"::;;::;32;^";5:;^ «:6i:65, 67, 74-73. n5, 120, m, m, m Infected paupers, superintendents may cause removal of, from poor-house - TO Infected places, inspection and restraint of travelers from "' 48 'b8 board of health and health officer must give notice of Infected rooms, clothing, etc., health officers should disinfect Infection, board of health must take all possible care to prevent spread of Infectious diseases, aUo indexed as Diseases dangerous to the public health. ^ insane, deaf, dumb, and blind, collection and compilation of statistics of -.-. 67^^^ Inspection and manufacture of salt '" Inspection and restraint of travelers from [infected districts Z.]^'^ iffl6-807 Inspection of illuminating oils " ^^ Intoxicated driver of passenger-carriage, penalty on employer or ^ Intoxication, penalty on conductor of a train for... ^ Intoxication, penalty for prescribing medicines in ii'li 254-258, 501 ^rr"s^-:?^"aie;;^-— =-— -^ 31.3:: Injunction to stay nuisance, circuit court may grant.- ^^^^ Inns, protection of inmates of. from danger by flre or alarm ^ inoculating with small-pox, except at hospital, penalty for 170 ALPHABETICAL INDEX. ■ffiECTIONS.- Jalls and poor-honses, removal of Infected inmates of, to hospital 68-70- Jastice of peace, when a member of board of health 18o, 186- when may iasne warrant for abatement of nuisance 29, SO* when may issne warrant for removal of Infected person tZ when may issue warrant for seizing infected baggage, goods, etc 63, 64 dnties of, relative to recording and reporting marriages 492, 494, 495 Kerosene, benzine, naphtha, gasoline, nitro-glycerlne, etc., transportation of 813^817, 419, ^Xt Lard, sale of, and adulteration with 240, 275, 27ft Law of the road, public carriages, etc 352-358- Legal day's work, what constitutes, etc 347-351 Life and limb, willful in jury to 514-558- Local boards of health. Indexed also under Boards of heaUh, township, city, and village. Maiming, disflgaring, disabling, etc 523-527 Manslaughter, punishment for 522^ Manufacturing establishments, mines, etc., safety of persons in 326-351 Marines, deoeasBd, burial of 89, lOO- Markets, meats, etc., regulation and inspection of, in certain cities and villages Ill, 125, 159, 175 Marriage, restrictions as to 477-485- penalty for contracting unlawfully '. '. 486-488 enticing any female under sixteen years of age for purpose of ■ Cii9 civil license required for 489-499^ licenses for, to be recorded 491-498- Marrlages, registration of " 491-495 Mayors of cities, concerning powers and duties of 19, 36, 82, 91, 107 Meat, diseased, protection against 218,214,234 Medical and surgical practice, regulation of. - 443-449 Medicines, drugs,etc., adulteration of 234-213^ Medicines, drugs, etc., prescribing when intoxicated 28ft Medicines, foods, wells, etc., poisoning 295, 543 Michigan College of Medicine may receive certain bodies for dissection 108 Midwives, registration of 446- Milk, cheese, and butter, adulteration of, and deception in 240, 260-274 Millraces crossing highways, owners must keep up certain bridges 378-374 Mines, safety of persons In, and duties of inspectors of , etc 331-346 employment of women and children in 331-338 compensation and duties of inspectors of 339-346^ ten hours alegal day's work In 347-351 Miningcompanies, etc., to report to State Board of Health 9 Ministers of gospel, etc., to record and report marriages performed 491-495- Minors, furnishing tobacco to 506,507 Miscarriage, advertisement and sale of drugs to produce 290-292 of pregnant woman, attempt to procure 560-561 Morals, social relations, etc 477-518- Murder, punishment for 514,515 degree of, how determined -. 51ft by poisoning, penalty for attempting to 528 Murder, dueling, etc 514-622 Naphtha, gasoline and benzine must be labeled 319' Narcotics, etc., instruction to be given, and teachers to be examined. In effects o( BOlo Nitro-glycerlne, etc., transportation and storage of 312-317,419,420 Notice of communicable diseases, householder and physician must give - 44, 45 Notice of communicable diseases, compensation to physician for 4ft Notice of Infected places, board of health and health officer to give 48, 66 Notice must be given of regulations of board of health 24 Nuisances, board of health shall make regulations concerning 23 when board of health shall examine Into 26 when board of health shall order removal of 2ft ALPHABETICAL INDEX. 171 Sections. when board of health shall canse removal of 27, 79 when court may order removal or destruction of Kt, 37,38, 38a-386 on private property, abatement of Z6-3«, 35, 37, 38, 38a-386 on vessels, board of health to regulate and abate 22, 23, 26, 29, 30, 76, 7fr when and how board of health may obtain entry to building or vessel to examine, destroy, remove, or prevent 29, 3(} board of health has discretion to permit removal of 32 jurisdiction of courts over ^8-31, 38, 38a-386 circuit court has equity jurisdiction over, and may grant injunctions 31, 38e caused by dead animals, disposal of, penalty 35^ caused by offensive trades in assigned places, abatement of 36-38, 119, 181 slaughter-houses, etc., in townships to be more than 20 rods from highway 39 board of health may declare a privy or water-closet In a township or village a nui- sance J 3J certain village councils authorized to prevent and abate.' 19, 159, 161, 167, 170, 178-181, 190 certain city councils authorized to prevent and abate 19, HI, 116-119, 138, Ui, U7, 149-151, 158 private, abatement of, judgment and damages for 33, 38a-38^ private, warrant for abatement of 38&-38(J Nurses, necessaries, disinfection, detention, quarantine, etc., expenses for 48, 59, 60, 66, 67, 76, 78 Obscene literature, sale of prohibited 512,513 Offenses against lives and persons of individuals 514-556 Offensive trades, board of health or oouncU may assign places for and revolse assign- ment 36,37,119,181 circuit court may revoke assignment 37 damages for in jury by 38, 38a^38e regulation of ;_>- 36-40,111,119,181 Oleomargarine, sale of, and adulteration with 240, 275-279' Opera-houses, theaters, factories, shops, churches, schools, etc., fire escape provisions at... 83-95 Penalties and forfeitures, of the collection of 574-577 Pharmacists and druggists, organization of - *'5, 476 Pharmacy, regulation of practice of 462-474 Physicians, must give notice of communicable diseases 15- compensation to, for notice of communicable disease 16 Physicians and surgeons may have certain bodies for dissection HO Physicians and students of medicine, registration of 443-449 Pits, shafts, etc., enclosing or filling of 393-o93 Plans for public buildings, to whom submitted 1* Physiology, instruction to be given and teachers to be examined in 501a Poisoning persons, foods, drinks, medicines, springs, wells, etc ^95, 628, 548 „ . • , . 287-289- Poisons, sale or. Police, power of councils to establish Poorhouses, removal of infected inmates of, to hospital ''O' Prescribing poisons, drugs, or medicines when intoxicated 286 President of local board of health, who to be ;;",■„";: ,^ !!' »^ jj ., ^f 18, 19, 44, 45, 4o, 69 , concerning powers and duties or health officer shall report communicable diseases to Vo'^'b.. o, ^m Presidents of villages, concerning powers and duties of - — l». *. »"- «^ "" Prisoner, attacked with dangerous disease may be removed from common jail 68 removed, to be returned, not to be considered as having escaped .-. e^ presidSig officer of board of health to attest and return order for removal of -^ ^^69 Private nuisances, abatement of, and damages for ;-•■""■" "'" ' „ o. Privies and water-closets in townships and villages, board of health r^^^^^;^^ ^^;^ Privies, drains, sewers, etc., m certain cit es. ^^ ^ Privies, drains, sewers, etc., in certain villages — — - Prllecuting attorney when to prosecute, when to assist supervisor m prosecutions ^7 Protection to health, life and morals of children -- '-^u T9V \'^a'^n ■2in-29'>. ProWstons. drugs, etc.. inspection, protection, adulteration, etc HI. 135, 159, 175, 31(W9S 173 ALPHABETICAL INDEX. Sections. Proyisions, unwholesome, proteotion against 213,214, 234 Public assemblies, safety of persons at 89-95 Public houses, protection of inmates of, from danger by fire or alarm 79-95 Public buildings, examination of plans for 2, 14 Public buildings, grounds, etc., outside limits of certain cities and villages 115, 136, 160, 177, 185 Pilblic carriages, regulation of 353-358 Public health, ordinance for protection of 177-184 Punishment for injuring or intimidating any person, for the purpose of committing bank robbery, etc ^ ■ 526 ■Quarantine, detention, disinfeotidn, nurses, necessaries, etc., expenses for 69, 66, 67, 76, 78 Quarintine ground, any township or two or more townships may establish 71, 72 Quarantine regulations, certain boards of health may establish and enforce 73-77 Quarantine regulations, penalty for violating 76,77 Ballroads, air-brakes must be used on all passenger-trains 403 commissioner 394-406,413,432,424,425,440 danger to life by depredations on 411, 426-430 dangerous trees near tracks must be cat 421 fences, commissioner to regulate 401 ' flagmen, gates and brJBges at street-crossings 113,398,404-406 height of bridges over tracks 422 lighting of passenger-oars 415 must give employes printed rules 409 notice and investigation of accidents 439, 440 penalty on conductor for being drunk on duty 408 penalty on, for employ ing those who drink intoxicants 407 penalty for obstructing track, or^throwing missile at train 411 precautions for saving life at accidents ~- 431-433 protection at frogs, switches and guard-rails 4lS regulations as to whistle, bell and signal-boards 412 regulation of, in certain cities 112-U4 running of trains, control of by commissioner 397, 399, 403, 403-40i safety guards at bridges, crossings, viaducts, etc 423-425 sanitary and police regulations , 394-442 trains at junctions 413 transportation of kerosene, benzine, naphtha, etc 312-314, 419, 420 use of Interlocking switch and s'gnal system, or equivalent 402, 413 crossing of streets by 112 grades and level of tracks of, etc _^113 I miscellaneous provisions inregardto 416-418 provision against burning cars on 434-436 introduction of automatic couplings on oars of 437,438 Kailway company, serving of process on 441, 442 Bape, evidence of, and age of consent of girls as to 535 Real-estate, boards of health may sell (exception as to cemeteries) 106 Registration of births, deaths and marriages 661-569 duties of supervisors and assessors, dn regard to 561 in 1869, and in 1870 and thereafter, how to be made 661 compensation for 561,563 doty of common council in regard to 661 proviso relating to city of Detroit ; 561 births, marriages and deaths to be numbered and Indexed 663 what records of births, marriages and deaths shall state..'. 662 Secretary of State's duties In regard to 563,664 certiflcate of death, who sbouldmake and what should contain 565 penalty for refusing to make certificate 565 other information relatine to 566-569 Regulation of steam engines, wagons, etc., on public highways 369-362 ALPHABETICAL INDEX. 173 Sections. Regulation of the practice of pharmacy 462-474 Regulations of local boards of health, notice must be given of 24, 75 when Act 137 of 1883 has force of 49 Regulation of the practice of medicine, dentistry and pharmacy 443-472 Rendering establishments, etc., in townships to be more than 20 rods from highways 39, 40 Roads, bridges, etc., carriages, etc., must turn to right on 352,' 353 Robbery, bank, punishment for injuring or intimidating any person for the purpose of committing 526 burglary, etc., assaults to commit 530-534 Safety of travel 352-442 Safety-gates on swing and draw bridges 375-380- Sailors, deceased, burial of 99, lOO Salt, manufacture and inspection of 280-285 Sanitary inspection, establishment of, etc 16, 17 Scarlet fever, iTidexed also under " Diseases dangerous to the %mtilie health." householder and physician must give notice of, to health officer, president or clerk 44, 45 Schools, health officer should give notice of communicable diseases to 48 Schools, churches, theaters, factories, shops, etc., fire-escape provisions at 83-95 Serving of process on railway company 441, 442 Sewerage and drainage 192-209 Sewers, as public improvements in cities and villages 209 drains, sinks, cellars, privies, etc., in certain cities Ill, 117,118, 127-143,153, 154,209 drains, privies, etc., in certain villages 33,166-173, 185,209 Sickness, board of health to regulate, prevent, and remove causes of 22-29, 32 Sick person, board of health may permit removal of 59, 60' Sidewalks, power of certain city and village councils 148-152, 161-164 Sidewalks and crosswalks in unincorporated villages 381-383 Shafting, to be protected so as to prevent persons coming in contact with 329-330 Shafts, pits, etc.. Inclosing or filling of 392-393 Sheep, diseased 229-231 foot-rot in, protection against 232-233 Sheep, cattle, etc., protection against contagious diseases in 213-233 Sheriffs and constables, concerning duties of 30, 62-65, 67 Shops, factories, theaters, churches, schools, etc., fire-escape provisions at 83-95 Slaughter-houses, etc., in townships to be more than 20 rods from highways 39-40 Small-pox, boards of health may offer free vaccination for 41, 42 health officer should order vaccination of those exposed to 48 householder and physician must give notice of to health officer, president, or clerk... 44, 45 penalty for inoculating with, except at hospital 43 provision and regulation of hospitals for 51-55, 57, 59, 70, 120, 126, 182 Indexed also under " Diseases dangerous to the pubUe health." Social relations, morals, etc 477-518 Soldiers, deceased, burial of 99,100 Spring-guns, etc., penalty for setting and leaving 323 State board of health, organization an& duties (Indexed also under Board of Health, State).. 1-14 health officer should report communicable diseases to 44 State board of chai ities to examine plans tor buildings 14 State public school, exclusion of contagions diseases from 61a State weather service Note, Pagei Statistics, of the Insane, deaf, dumb, and blind -. 570-572 supervisors to collect 570' county clerk to transmit to Secretary of State 570 f to furnish certain information to trustees of institutes 572 * of treatment and cure of inebriates 573^ the Governor may commission suitable persons to collect 573- Steam engines, wagons, etc., regulation of on public highways 3.59-362 Steam-vessels, protection against fire from 324,325 174 ALPHABETICAL INDEX. SscTioirs. Steam-whistle, blowing on highways, a misdemeanor 360 Streets and public grounds, control of, etc 141 Street regulations, in certain cities and villages 144^147, 183, 165-167, 185 Sugar, glucose, honey, adulteration of, or with 240 Superintendents of schools, health officer should give notice of communicable diseases to.. 48 Supervisor is president of township board of health 18 powers and duties 449,561,665-569,574-577 when to prosecute, when to notify prosecuting attorney 574-677 Surgical and medical practice, regulation of 443-448 Swamps, etc., drainage of 192, 198 Taxation for sewers, cemeteries, etc 163-154, 186 'Teachers, health officer should give notice of communicable diseases to 48 Texas cattle disease, protection against - 213,224-228 Texas cattle, transportation and yarding of 224-228 Theaters, opera-houses, factories, shops, churches, schools, etc.. Are-escapes, etc., at 83-96 Threats, malicious, to extort money 534 Tobacco, furnishing of, to minors 606, 607 Township board of health, organization, powers, duties ia3iO indexed under Boards of health,, township) 8,18-40 Township board, who shall constitute - 18a when remaining justice may act ^ 182) shall be the board of health 18 shall be the board of building inspectors 91 annual meeting of 18c shall fix compensation of building inspectors 95 shall appoint committee to examine hotels more than two stories high 80 shall cause such hotels to be examined every year 82 shall cause needed chaneea to be made for protection of Inmates of such hotels from Are 81 shall examine hotels, factories, mills, warehouses, workshops, etc. (more than two stories high), at least once a year, as to fire-escapes 86 shall direct needed changes in said buildings as to provisions for escapes from fire 87 shall assign places for ofilensive trades 36 Townships, inhabitants of, may regulate storing of gunpowder 309-311 Toy-pistols, sale and use of , when prohibited 320-322 Travel, safety of 352-442 Travelers from Infected places, inspection and restraint of 61, 62, 74-78 Trustees, village, indexed under Vithnje hoard. University of Michigan may receive certain bodies for dissection 107 Unlawfully confining any person, how punished 541 Unlawfully taking a woman and compelling her to marry, etc 537-538 "Vaccination of those exposed to small-pox, health officer should order 48 with bovine virus, townships and boards of health may furnish free 41, 42 "Ventilation, heating, etc., of certain buildings, plans to be examined by State boards 14 Vessels, regulation and abatement of nuisances, etc., on, by bbards of health 22, 23, 25, 29, 30, 73-78 "Village board, has board of health powers and duties 19, 181 examination of buildings by 80-82,86,87,90-92 may axsquire land for enlarging cemeteries, how 103 vacation of cemeteries by 104,105 may forward certain bodies for dissection 107 may assign places for offensive trades and revoke assignment 36, 119 powers and duties, if village Is incorporated under Act 62 of 1875 159-191 Tillage boards of health, organization, powers, duties 8, 19-21, 83, 84, 36, 37, 42, 44-50, 106, 107, 183, 184. Tillages incorporated under Act 62 of 1875, powers and duties of council 159-191 Tillages, Inhabitants may regulate storing of gunpowder 309 311 Tillages, unincorporated, sidewalks and crosswalks in 3S1 ALPHABETICAL INDEX. 175 SxcnoKS. Vinegar, manufacture and sale of 248-263 "Vital statistics, State Board of Health to study 2 collection and coitipilatlon of 559-573 Warrant for abatement of nuisance 30, 386, 88e, 38d Warrant for detention and disinfection of baggage, clothing, etc. 63-65 Warrant for removal of infected person_ » 62 Water-closets in townships and villages, board of health may regulate 33, 31 "Waters and water-supply, protection of 36, HI, 124, 174, 191 Water-works, certain village councils authorized to construct and maintain 191 Watercourses, encroachment of, on high ways 363-368 Weapons, Sbncealed, unlawful to carry, etc. 557-568 "Weather service. State iVofe, page 4 "Wells, springs, foods, etc., poisoning 295,543 "Willful killing, or injury to person 614-656 ERRATA. Page 7, eighth line of star (*) note, for " Sees. 184-185," read " Sees. 183-184." Page 82, first line of dagger (t) note, for " Sees. 662-555," read " Sees. 663-556"; seconfl line, for " Sees. S56-7," read " Sees. 557-8" ; last line, for " Sec. 524," read " Sec. 525." Page 87, seventh line of star (*) note, for " Sees. 552-655," read " Sees. 553-556"; eighth line, " Sees. -S66-7," read " Sees. 557-8." Page 90. last line of star (*) note, for " Sec. 624," read "Sec^ 525." _ __ Page 4, ninth line from bottom, for " Act No. 320 " read " Act No. 230," also on page 157 (Index), third line from bottom. In second column, for " 320 " read "230." Note.— Chapter II.— LOCAL BOARDS OB" HEALTH, on pages 5-34, should con. tain a reference to Section 214, page 64, of this Compilation, which speciBes duties of all local boards of health to Investigate contagions or infectious diseases among domestic animals, and to establish temporary quarantine. }\