[No. 114.] AN ACT to regulate the separating of grades at crossings of railroads with public streets and highways; to authorize the relocation of such crossings; and to provide for apportioning the cost thereof against the railroad company and the state, county, township, city or village, or the board, commission or other agency interested therein. The People of the State of Michigan enact: vision of. SECTION 1. Where any railroad crosses or shall hereafter Grade crosscross any public street or highway, or where any public street ings, superor highway shall be hereafter laid out, established or constructed across any railroad, the separation of grades at such crossing, by carrying such street or highway either over or under such railroad or railroads at the point of intersection, shall first be approved by, and, to the extent and in the manner herein provided, shall be subject to the supervision and regulation of the Michigan public utilities commission, hereinafter, for brevity, called the commission: Provided, That Proviso. nothing in this act contained shall be applicable to such crossings in cities and villages having a population of six thousand or more. separation. of plans, SEC. 2. Whenever it is proposed to separate the grades at Application any such crossing, the public authority, or authorities, hav- for grade ing jurisdiction over any such street or highway, shall make application in writing to the commission for permission and authority to make such separation of grades. There shall be Submission submitted with said application proposed profiles, plans, maps etc. and specifications therefor, showing the portions of the street or highway and the railroad or railroads, the grade of which is to be changed, and the details of construction necessary for such separation of grades. If said authorities, where permitted by law, have agreed with the railroad or railroads upon such separation of grades and the profiles, plans, and specifications therefor, a copy of such agreement shall be attached to said application. SEC. 3. On the filing of such application it shall be the Hearing, duty of the commission to set a day for hearing thereon, and notice, etc. to cause written notice thereof, together with a copy of the application, to be served upon the railroad or railroad companies interested in said proceeding, at least ten days prior to the day set for such hearing, and on the day set for hear ing, or at any adjournment or continuance thereof, the parties in interest shall be entitled to be heard. Said commission is witnesses. authorized and empowered to issue summons, or subpoenas, to enforce the attendance of witnesses at such hearing, and is also authorized and empowered to make such examination of the location of such crossing as it may deem necessary. SEC. 4. If after such hearing the said commission shall Approval, find that the separation of grades at said crossing is neces- mission. etc., of com location. sary for the public convenience, welfare and safety, it may by proper order authorize, permit and approve such separation of grades; and if it shall find that there is no such necessity it may by proper order refuse such permission, May change authority and approval. The commission shall also have power, when in their judgment they deem it necessary for the public convenience, welfare and safety, to change the location of any such crossing and to require a separation of the grades thereat. In case permission for a separation of the grades is granted the commission shall in and by its order prescribe the manner in which the separation of grades shall be effected, fix and approve the profiles, maps, plans and specifications therefor, and in this behalf may approve, in whole or in part, modify or alter the plans submitted by said applicant. Cost of construction, apportionment of. Proviso. Maintenance. Cost of construction, clude. SEC. 5. The cost of constructing and making all such separation of grades, computed as hereinafter provided, shall be borne as follows: Fifty per cent thereof by the railroad or railroads interested, and fifty per cent by the state, or subdivision thereof, city or village, or the board, commission or other agency interested therein. Where more than one railroad is interested, if they do not agree on the division of the amount to be borne by them, then such division shall be made by said commission, and prescribed in said order; and in case the amount to be borne by the state, subdivision thereof, city or village, or said agencies herein before recited, is not fixed by law, or otherwise agreed upon, the division of the amount to be borne by them shall be made by said commission and prescribed in said order: Provided, That in case said separation of grades is at a crossing of a railroad by a public street or highway proposed to be opened, said railroad or railroads shall file with said commission a consent to said crossing so to be separated, and waiver of any damages by reason of said street or highway crossing over or under their or its right of way in such separation of grades. If said railroad or railroads do not file such consent and waiver, then the portion of said costs to be borne by the railroad and others in interest shall be determined by the commission without regard to the apportionment above prescribed. SEC. 6. Except as otherwise provided by law or by agreement of the parties in interest, said commission shall determine the parts or sections of said grade separation undertaking the maintenance of which shall be borne by the railroad or railroad companies interested and the parts or sections thereof which shall be maintained by the state, or subdivision thereof, city, village or the agencies herein before mentioned. SEC. 7. In computing the costs of said separation the exwhat to in- pense of procuring the right of way for such street or highway, the cost of detouring or maintaining said highway, or of operating trains on said railroad during the period of construction, shall not be included, but there shall be included all the cost of construction, both temporary and permanent, incident to said separation of grades, as set forth in the profiles, plans, maps and specifications so approved by the commission. way, how SEC. 8. Whenever permission is granted for the construc- Right of tion or relocation of a railroad crossing, either at grade or acquired. otherwise, the right of way and other property rights, if any, for the highway across the land and tracks of the railroad company shall, in case the consent and waiver prescribed in section four hereof is not filed and given, be acquired in the same manner as property is acquired for other highway purposes. Approved April 30, 1925. [No. 115.] AN ACT authorizing the performance of an autopsy on unclaimed dead human bodies, in possession or control of any state institution for the care and treatment of mentally diseased persons. The People of the State of Michigan enact: when may SECTION 1. The medical superintendent of any state in- Autopsy, stitution for the treatment and care of mentally diseased authorize. persons having in his possession or control the unclaimed dead body of any person, which dead body under the provisions of act number one hundred forty-two of the public acts of nineteen hundred nine, and acts amendatory thereof, must be shipped to the demonstrator of anatomy of the university of Michigan, or the Detroit college of medicine, as the case might be, may direct and authorize the performance of an autopsy upon such dead body by any medical officer of said state institution for the sole purpose of the study of mental diseases and the advancement of the science relating thereto. SEC. 2. Upon the completion of the autopsy upon the un- Disposal of claimed dead body of any such person performed under the authority of this act, the said dead body shall be treated and disposed of in the same manner as any other unclaimed dead body in accordance with the provisions of said act number one hundred forty-two of the public acts of nineteen hundred nine. Approved April 30, 1925. body. Section amended. Maximum amount may expend. [No. 116.] AN ACT to amend section sixty-seven of act number eightyfour of public acts of nineteen hundred nine, entitled "An act to increase the efficiency of the military establishment of the state of Michigan, to make an appropriation therefor, and to repeal all former acts or parts of acts inconsistent with the provisions of this act", being section nine hundred forty-two of the compiled laws of nineteen hundred fifteen, as amended by act number two hundred ninetyone of the public acts of nineteen hundred twenty-one. The People of the State of Michigan enact: SECTION 1. Section sixty-seven of act number eighty-four of the public acts of nineteen hundred nine, entitled "An act to increase the efficiency of the military establishment of the state of Michigan, to make an appropriation therefor, and to repeal all former acts or parts of acts inconsistent with the provisions of this act", being section nine hundred fortytwo of the compiled laws of nineteen hundred fifteen, as amended by act number two hundred ninety-one of the public acts of nineteen hundred twenty-one, is hereby amended to read as follows: SEC. 67. The maximum amount to be expended by the state for any one artillery company shall be sixty thousand dollars, which shall be exclusive of and in addition to any gift or donation made to and for the benefit of any particular armory. If any organization of the national guard of this state shall have an armory of its own erected by itself or by any persons for it, and the title thereof is in said organization, the military board shall have authority, if its action is approved by the governor, to purchase such armory and take the title thereof in the state, and to alter, repair, furnish and equip said armory, but the amount so paid for said armory, alterations, repairs, furnishing and equipping shall in no case exceed an amount equal to sixty thousand dollars for each artillery company of the organization owning and occupying such armory, and in no case shall exceed the actual value thereof, which value shall be determined by the board of state auditors. Approved April 30, 1925. [No. 117.] AN ACT to amend sections one and two of act number six of the public acts of nineteen hundred seven, extra session, entitled, as amended, "An act to define and regulate the treatment and control of dependent, neglected and delinquent children, to prescribe the jurisdiction of the probate court, and the powers, duties and compensation of the probate judge and the probate register with regard thereto; to provide for the appointment of county agents, register of the juvenile division, probation officers and referees and to prescribe their powers, duties and compensation and to provide for the granting of re-hearings and modifications of orders, sentences and decrees of said court," being sections two thousand eleven and two thousand twelve of the compiled laws of nineteen hundred fifteen, as amended by act number one hundred five of the public acts of nineteen hundred twenty-three. The People of the State of Michigan enact: SECTION 1. Sections one and two of act number six of the Sections public acts of nineteen hundred seven, extra session, entitled, amended. as amended, "An act to define and regulate the treatment and control of dependent, neglected and delinquent children, to prescribe the jurisdiction of the probate court, and the powers, duties and compensation of the probate judge and the probate register with regard thereto; to provide for the appointment of county agents, register of the juvenile division, probation officers and referees and to prescribe their powers, duties and compensation and to provide for the granting of re-hearings and modifications of orders, sentences and decrees of said court," being sections two thousand eleven and two thousand twelve of the compiled laws of nineteen hundred fifteen, as amended by act number one hundred five of the public acts of nineteen hundred twenty-three, are hereby amended to read as follows: child" SEC. 1. For the purpose of this act the words "dependent "Dependent child" shall mean any child under the age of seventeen years defined. who for any reason is destitute, or homeless, or abandoned, or dependent upon private charity or upon the public for support, or whose mother is unmarried, or is divorced, or is a widow or has been deserted by her husband for a period of longer than six months or if her husband has been declared insane, or is feeble-minded or epileptic, or paralytic, or blind and is confined in a state hospital or other state institution, or is suffering from tuberculosis in such a stage that he cannot pursue a gainful occupation, or is an inmate of a hospital for the treatment of insane who is confined therein for the purpose of being treated for insanity or other diseased mental condition, and is poor and unable to properly care for and |