manent boundary line between the said states, and to this counsel, may SEC. 4. The sum of five thousand dollars is hereby appro- Appropriation. priated out of the general fund in the state treasury for the purpose of carrying on the investigation and work of said commission, including the expense of expert and clerical assistance as may be needed, the employment of which by the commission is hereby authorized. SEC. 5. The Auditor General shall add to and incorporate Tax clause. in the state tax for the year nineteen hundred twenty-one, the sum of five thousand dollars, which sum when collected, shall be credited to the general fund to reimburse the same for the money hereby appropriated. Approved June 15, 1921. [No. 31.] AN ACT to amend section twenty-seven of chapter one of act number two hundred eighty-three of the Public Acts of nineteen hundred nine, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public highways and private roads, the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; setting and protecting shade trees; drainage, cutting weeds and brush within this state. and providing for the election and defining the powers, duties and compensation of state, county, township and district highway officials," being section four thousand three hundred fourteen of the Compiled Laws of nineteen hundred fifteen, as amended by act number one hundred one of the Public Acts of nineteen hundred twenty-one. The People of the State of Michigan enact: amended. SECTION 1. Section twenty-seven of chapter one of act Section number two hundred eighty-three of the Public Acts of nineteen hundred nine, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public highways and private roads, the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; setting and protecting shade trees, drainage, cutting weeds and brush within this state and providing for the election and defining the powers, duties and compensation of state, county, township and district highway officials," being section four thousand three hundred fourteen of the Compiled Laws of nineteen hundred fifteen, as amended by act number ne hundred one of the Public Acts of nineteen hundred nty-one, is hereby amended to read as follows: 27. Before laying out any highway under the proof this act where the same crosses the track and right of any railroad company, steam or electric, applicabe made to the Michigan Public Utilities Comnermission to make such crossing and thereupon 'nty of said commission to cause such examinaon of such proposed crossing as they may t such examination the railroad company od roads district, or county interested eard after the service of proper notice on Public Utilities Commission. If d crossing is found, upon said be necessary, feasible and + grade, it shall then be the permission for such crossng such application, all to the specifications Commission. And it ion, if it deems it proposed highection to preessary. But blic Utili⚫tion is be its nire ent of con paid annually by such township, good roads district or county, upon verified statements of account rendered therefor, the actual and necessary expense incurred by any railroad company in maintaining such crossing for each year that it is so maintained, and the actual value of the use of the land so used for the same period, and when the compensation awarded such railroad company for its annual damages as above provided shall have been paid or tendered to any person in charge of the ticket or freight office of such company entitled thereto, and situated nearest the said highway crossing, pursuant to the provisions of section twentyfour of this chapter, then and in such case, such right of way shall be deemed to be fully acquired and secured by and for the public. The highway officials shall then notify in writ- Superintending such railroad company to furnish a competent superin struction. tendent or track man to superintend the construction of such crossing which shall be constructed according to the order of the Michigan Public Utilities Commission issued in regard to said crossing; and such township, good roads district or county shall pay to such superintendent a su'a not to exceed five dollars a day for a grade crossing and not to exceed ten dollars a day for a crossing other than at grade, for the time actually and necessarily spent in superintending such construction. And such highway officials are authorized to issue orders for the payment of such superintendent. In case such railroad company refuses or neglects to furnish a superintendent for the construction of such crossing as aforesaid, then it shall be the duty of the Michigan Public Utilities Commission to appoint some suitable person to superintend the construction of such crossing who shall receive the compensation aforesaid from said township, good roads district or county for such services. If any railroad company shall Per diem attempt to obstruct the opening of any such highway after penalty for such right of way has been secured and payment for damages herein provided for, has been made and tendered as herein provided by any agent, officer or employe or other person, the said railroad company shall be liable to a penalty of twentyfive dollars for each day the opening or construction of such highway is impeded, for the benefit of the township, good roads district or county, and such township, good roads dis- Who may trict or county may sue for and recover such penalty in the recover. circuit court for the county in which such crossing is located, in the name of the township, good roads district, or county; and in addition thereto if any officer, agent or employe or person acting for or in the interest of any railroad company shall annoy, hinder or obstruct any highway official, contractor or person employed by him or them in opening such highway or constructing the same according to the order issued by the Michigan Public Utilities Commission, then such officer, agent, employe or person shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one obstructing. Labor, etc., who to furnish. May change location, etc. Proviso, hearing. hundred dollars, or imprisonment in the county jail not te exceed ninety days, or by both such fine and imprisonment in the discretion of the court. All material and labor used in the construction of such crossing shall be furnished by the township, good roads district or county applying for such crossing. No public highway shall hereafter be constructed across the tracks of any railroad, nor shall the tracks of any railroad be constructed across a public highway without having first secured the permission of the Michigan Public Utilities Commission. Said commission shall have power, when in their judgment they deem it necessary for the safety of the public, to change the location of or abolish any existing crossing of railroads with highways and to require, when in their judgment it would be practicable, a separation of grades at any such crossing and to prescribe the manner of construction and the terms upon which such separation shall be made and the proportion in which the expense of the alteration or abolition of such crossing or the separation of such grades shall be divided between the railroad corporation and the state, county, good roads district or township: Provided, That no disposition shall be made of this matter until after all parties in interest shall have been afforded an opportunity to be heard in relation thereto. The state's portion of the cost of such changes as may be ordered by the provisions of this act shall in no case exceed twenty-five per centum of the total cost of such improvement except that in the case of any such separation of grades on a trunk line road the proportion of the expense that is not borne by the railroad corporation concerned shall be divided between the state and the county, good roads districts or township, as the case may be, on the same basis as is or may be provided by law for the division of the cost of constructing trunk line highways. The amount to be paid by the state shall be paid from any state highway funds not otherwise appropriated, upon the certificate of the State Highway Commissioner to the Auditor General. Approved June 15, 1921. |