proceedings, SEC. 10. Whenever any such corporation shall desire to Condemnation acquire a right of way over, through, under or across any when may lands which may be adjacent to the right of way of any institute. railway operated by steam power, and is unable to agree with the owner or owners of such lands for the purchase of said right of way such corporation shall have the right to acquire the title of said right of way, outside the corporate limits of cities and villages, in the same manner and by the same proceedings as are provided for in chapter one hundred sixty-four of the compiled laws of eighteen hundred ninetyseven of this state, providing for the condemnation of lands for right of way by railroad companies: Provided, That the Proviso. owner or owners of the lands over which any such right of way shall be acquired shall have the right to occupy and use the same, but such occupancy and use shall not be to the injury of the property of such corporation situated upon such right of way: Provided, The strip of land so condemned Proviso. shall not exceed ten feet in width, together with the right to set and maintain outside of the same guy posts and anchors reasonably requisite to the proper construction and maintenance of a pole line thereon: Provided further, how- Further ever, That the right to set guy posts and anchors outside proviso. such ten foot strip shall be acquired in the manner hereinbefore described: Provided further, That the provisions of Further this act will not apply to such land located within five miles of the corporate limits of any city having a population of two hundred fifty thousand or more. Approved May 8, 1923. proviso. [No. 126.] AN ACT to make appropriations for the department of the auditor general for the fiscal years ending June thirty, nineteen hundred twenty-four, and June thirty, nineteen hundred twenty-five, for maintenance, operation and other purposes. The People of the State of Michigan enact: SECTION 1. There is hereby appropriated from the general Amounts and fund for the department of the auditor general for the fiscal purposes. year ending June thirty, nineteen hundred twenty-four, the sum of two hundred ninety-three thousand dollars, and for the fiscal year ending. June thirty, nineteen hundred twentyfive, the sum of two hundred eighty-two thousand eight hundred seventy-five dollars, for the purposes and in the specific amounts as follows: How paid out. Fees, disposition of. Each of said amounts shall be used solely for the specific purposes herein stated. SEC. 2. The amounts hereby appropriated shall be paid out of the state treasury, and the disbursing officer of the department of the auditor general shall render his accounts therefor, at such times and in such manner as is or may be provided by law. SEC. 3. All fees or other moneys received by said department of the auditor general shall be forwarded to the state treasurer each month and shall be by said treasurer deposited in the state treasury to be disbursed in such manner and for such purposes as may be provided by law. This act is ordered to take immediate effect. Title and section amended. [No. 127.] AN ACT to amend the title and section one of act number one hundred thirty-nine of the public acts of nineteen hundred twenty-one, entitled "An act requiring railroad companies to equip locomotive engines with either cab curtains or vestibule cabs, providing a penalty for the violation of this act, and making it the duty of the Michigan public utilities commission to enforce its provisions." The People of the State of Michigan enact: SECTION 1. The title and section one of act number one hundred thirty-nine of the public acts of nineteen hundred twenty-one, entitled "An act requiring railroad companies to equip locomotive engines with either cab curtains or vestibule cabs, providing a penalty for the violation of this act, and making it the duty of the Michigan public utilities commission to enforce its provisions," are hereby amended to read as follows: TITLE An Act requiring railroad companies to equip locomotive engines with either cab curtains, vestibule cabs, housing and other devices for the safety and health of railroad employes, providing a penalty for the violation of this act, and making it the duty of the Michigan public utilities commission to enforce its provisions. cab curtains, SEC. 1. It shall be unlawful for any railroad company to Engines to be use within the state of Michigan on its line or lines December equipped with first to April first of each year, any locomotive engine not etc. equipped with either approved and suitable cab curtains, vestibule cab, housing and other devices for the safety and health of locomotive enginemen not in conflict with rulings of the interstate commerce commission, as the Michigan public utilities commission may require to be placed upon the engine cab, water tank or coal tender: Provided, That no railroad Proviso. company shall be required to place housings over the coal tender of any locomotive unless such locomotive is to be used north of straits of Mackinac. Provided further, That the said Further Michigan public utilities commission shall be the judge as to the necessity for and the manner of equipping such locomotive engines relative to the closing of the openings between the engine cab and the water tank or coal tender, and may require such curtains, housings or other devices as it may deem necessary to meet the conditions in the several localities in the state of Michigan which will give reasonable protection to the enginemen: Provided further, That the Michigan Further public utilities commission may from time to time order such proviso. changes and additional equipment as the commission may deem necessary for the proper protection of the enginemen. Approved May 8, 1923. Title and section amended. Registration tax. [No. 128.] AN ACT to amend the title and section seven of act number three hundred two of the public acts of nineteen hundred fifteen, entitled, as amended, "An act to provide for the registration, identification and regulation of motor vehicles and trailers attached thereto operated upon the public highways of this state, and of the operators of such vehicles, and to provide for levying specific taxes upon such vehicles so operated, and to provide for the disposition of such funds and to exempt from all other taxation such motor vehicles so specifically taxed, registered, identified and regulated, and to repeal all other acts or parts of acts inconsistent herewith or contrary hereto," being section four thousand eight hundred three of the compiled laws of nineteen hundred fifteen, as amended by act number three hundred eighty-three of the public acts of nineteen hundred nineteen. The People of the State of Michigan enact: SECTION 1. The title and section seven of act number three hundred two of the public acts of nineteen hundred fifteen, entitled, as amended, "An act to provide for the registration, identification and regulation of motor vehicles and trailers attached thereto operated upon the public highways of this state, and of the operators of such vehicles, and to provide for levying specific taxes upon such vehicles so operated, and to provide for the disposition of such funds and to exempt from all other taxation such motor vehicles so specifically taxed, registered, identified and regulated, and to repeal all other acts or parts of acts inconsistent herewith or contrary hereto," being section four thousand eight hundred three of the compiled laws of nineteen hundred fifteen, as amended by act number three hundred eighty-three of the public acts of nineteen hundred nineteen, are hereby amended as follows: TITLE An Act to provide for the registration, identification and regulation of motor vehicles and trailers attached thereto operated upon the public highways of this state, and of the operators of such vehicles, and to provide for levying specific taxes upon such vehicles so operated, and to provide for the disposition of such funds, and to repeal all other acts or parts of acts inconsistent herewith or contrary hereto. SEC. 7. Taxes to be paid prior to registration. The secretary of state shall collect the following taxes before registering a motor vehicle or vehicles, in accordance with the provisions of this act, which taxes shall be all the lawful tax collectible on such motor vehicle, and shall exempt such motor vehicle from all other forms of taxation, except that the legis lature may impose further and different specific taxes, or privilege fees, on certain classes of such motor vehicles. The taxes shall be collected in accordance with the following schedule: (a) Before the registration of a motor cycle, twenty-five Motor cents per horse power, plus thirty-five cents for each hundred cycle. pounds of its weight; (b) Before the registration of an automobile; I. If an automobile operated by gasoline power, twentyfive cents for each horse power, plus thirty-five cents for each one hundred pounds of its weight. II. If an automobile operated by steam power, twenty-five cents for each horse power, plus thirty-five cents for each one hundred pounds of its weight. III. If an automobile operated by electric power, one dollar for each horse power of its motor, plus thirty-five cents for each one hundred pounds of its weight. (c) Before the registration of a motor truck: For the purposes of this act any motor vehicle operating on more than two wheels and having when built by the manufacturer, only one seat and no provision for other seats and which shall be built and operated for the purpose of transporting articles other than persons, shall be considered as a motor truck. I. If a motor truck operated by gasoline power, twentyfive cents for each horse power, plus thirty-five cents for each one hundred pounds of its weight. II. If a motor truck operated by steam power, twenty-five cents for each horse power, plus thirty-five cents for each one hundred pounds of its weight. III. If a motor truck operated by electric power one dollar for each horse power of its motor, plus thirty-five cents for each one hundred pounds of its weight. Automobiles. Motor trucks. IV. If a trailer, fifty cents per each one hundred pounds Trailers. of its weight. plate. The secretary of state shall furnish for each such trailer one Number suitable number plate, which shall be placed on the rear thereof in such manner as to be easily seen, and which shall be at least sixteen inches above the ground. Such plate shall Size, etc. be in such size, make and color as the secretary of state may prescribe, and shall be properly marked with figures and numerals to permit of the identification thereof. SEC. 2. This act is hereby declared to be immediately necessary for the preservation of the public peace, health and safety. This act is ordered to take immediate effect. |