to cross

commission

applying for such crossing. No public highway shall here- Permission after be constructed across the track of any railroad corpora- required. tion nor shall the tracks of any railroad corporation be constructed across a public highway without having first secured the permission of the Michigan Railroad Commission: Pro- Proviso, rided, That such crossing is proposed to be at grade. If ing: other grade crossother than at grade, permission shall be granted jointly for crossings. such crossing by the Michigan Railroad Commission and the State Highway Commissioner. The said Railroad Commission when acting alone, or the Railroad Commission and State Highway Commissioner when acting jointly, shall have the right to refuse permission or to grant it upon such terms and conditions as they may deem necessary for the preservation of public safety. The Michigan Railroad Commission and the Powers of State Highway Commissioner jointly shall have power, when and comin their judgment they deem it necessary for the safety of the missioner. 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 crossings or the separation of such grades shall be divided between the railroad corporation and the State, county, good roads district or township: Provided. Proviso, 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 State's share cost of such changes as may be ordered by the provisions of this act shall in no case exceed twenty-five per cent of the total cost of such improvement and shall be paid from any State highway funds not otherwise appropriated, upon the How paid. certificate of the State Highway Commissioner to the Auditor General: Provided further. That nothing in this section shall Further be so construed as vesting the State Highway Commissioner construction with authority in grade separation matters when proceedings are taken under and by virtue of act number ninety-two of the Public Acts of eighteen hundred ninety-three, as amended. Approved May 11, 1915.

hearing.

of expense.

proviso,

of section.

Section amended.

When supervisors to order

tax spread.

[No. 176.]

AN ACT to amend section thirteen, chapter six, act number two hundred fifty-four of the Public Acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains and the assessment and collection of taxes therefor and to repeal all other laws relative thereto," as amended by act number two hundred seventy-two, Public Acts of eighteen hundred ninetynine and by act number two hundred twenty-two, Public Acts of nineteen hundred three.

The People of the State of Michigan enact:

SECTION 1. Section thirteen of chapter six of act number two hundred fifty-four of the Public Acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," the same being section four thousand three hundred sixtysix of the Compiled Laws of eighteen hundred ninety-seven, as last amended by act number two hundred twenty-two of the Public Acts of nineteen hundred three, is hereby amended to read as follows:

SEC. 13. Whenever any drain has been located and established, and contracts let for its construction, and the work of construction has been completed, or partly completed, and the county drain commissioner has made his order establishing the drain, his assessment of benefits and special assessment roll and filed the same in the office of the county clerk. as provided by this act and such taxes remain a perpetual lien upon the lands assessed, and filed all of said papers in the office of the county clerk and no person or township affected by the proceedings has taken any action by virtue of section three of chapter five of this act to test the validity of the proceedings, or to set the same aside, and it shall further appear that the tax has not been spread on the tax roll of the township or townships affected and the lien of said tax still remains against such lands by virtue of section six, chapter six of said act, on the application in writing of any person or corporation who is now or were owners of the land assessed at the time of the assessment of benefits by the drain commissioner or any person or corporation, who were the owners of land at said time and who were assessed therefor, and who sold such lands with covenants of warranty, may make an application in writing to the county clerk setting forth such facts and upon the filing of such application, it shall be the duty of the county clerk to make a certified copy of the assessment roll filed in his office by the county drain commissioner and present to and lay before the board of supervisors at the first October session thereafter of said board and thereupon it shall be the duty of said board at said

of act.

session to order and direct such taxes spread upon the tax roll of the township or townships affected thereby, according to the said assessment filed as aforesaid, and as appears by such special assessment roll, so certified to said board. The Application provisions of this act shall also apply to drains laid out and established and wholly or partly constructed under the provisions of all drain laws in force prior to the passage of this act, where such laws have made such drain tax a perpetual lien upon the lands upon which they are assessed. Approved May 11, 1915.

[No. 177.]

AN ACT to allow mutual liability companies of the State of Michigan and of other states to do business within this State.

The People of the State of Michigan enact:

liability

SECTION 1. It shall be lawful for any mutual liability com- When mutual pany organized under the laws of the State of Michigan, or companies any other State of the United States, and being possessed of may operate. at least five hundred thousand dollars of actual net cash assets, to transact the business of employers liability insur ance in this State, upon receiving from the Commissioner of Insurance a certificate of authority, and upon compliance with all other provisions of law relative to the operation of insurance companies transacting liability insurance business, except as to capital stock. Such amount of five hundred thou- What deemed sand dollars shall be deemed to be actual capital of such com- capital. pany and shall be treated as capital by the Commissioner of Insurance in determining the solvency of such company.

SEC. 2. All acts or parts of acts contravening the provisions of this act are hereby repealed.

Approved May 11, 1915.

Who to be state fire marshal.

Assistant.

State inspector.

Powers.

Persons continued in office.

Report to state fire warshal.

[No. 178.]

AN ACT for the prevention of fire waste, the creation of the office and appointment of a State Fire Marshal, authoriz: ing the appointment of his assistants and deputies, to prescribe their several powers, duties and compensation; to prescribe procedure in certain cases; providing penalties for violations of the provisions hereof, providing funds to carry out the provisions of this act, and repealing act number seventy-nine of the Public Acts of nineteen hundred eleven, as amended.

The People of the State of Michigan enact:

SECTION 1. The Commissioner of Insurance shall be exofficio State Fire Marshal and his deputy Commissioner of Insurance shall be ex-officio deputy State Fire Marshal. The State Fire Marshal shall appoint one assistant fire marshal. The duties of said assistant shall be to assist the State Fire Marshal, and such appointee may be removed for cause by said Fire Marshal. The State Fire Marshal may in addition to the provisions foregoing, appoint any person as State inspector who may be known to him to be competent and skilled in the inspection of buildings and their contents. Such person shall have all the power of a deputy fire marshal to enter and inspect buildings, including their contents and occupancies as provided under section six hereof, and it shall be the duty of such inspectors to report to the Fire Marshal any faulty or dangerous conditions found; such State insepctors to be duly commissioned and serve without compensation. Persons holding office by virtue of act number seventynine of the Public Acts of nineteen hundred eleven, shall continue therein, subject to the provisions of this act, without being re-commissioned or re-appointed.

SEC. 2. The chief of the fire department of every city or village in which a fire department is established, whether a volunteer or regular, and the president of each incorporated village and the supervisor of each township in which no fire department exists, shall report to the State Fire Marshal every fire occurring in such city or village or township by which property has been destroyed or damaged. Such report shall be made within three days, not including Sunday, of the Compensation. Occurrence of such fire. For each report so made the person making the same shall be entitled to twenty-five cents as compensation out of the fund created by section fourteen of this act. Claims for making such reports shall be made upon vouchers at the end of each quarter of the fiscal year, shall first be approved by the State Fire Marshal and shall be thereafter audited by the State Board of Auditors as in other cases. Reports from Every fire insurance company authorized to transact business in the State of Michigan is hereby required to report to the State Fire Marshal through the secretary or other official of

Claims for fees.

companies.

the company designated by the board of directors for that purposes, all fire losses on property insured in any such company, giving the date of fire, the amount of probable loss, the character of property destroyed, and the supposed cause of fire. Such report shall be mailed to the State Fire Marshal within three days after notice of loss is received by such company. Each company is hereby also required to report the amount of loss as adjusted on each fire after adjustment is made. Such reports shall be in addition to and not in lieu of any report or reports such companies may be required to make by any law of this State to the Commissioner of Insurance or other State officer: Provided, however, That such re- Proviso, ports may be made through the national board of fire under- reports. writers upon such terms and conditions as may be prescribed by the State Fire Marshal, and the State Fire Marshal is authorized to prescribe the forms upon which such reports shall be made.

forms of

by fire

SEC. 3. The State Fire Marshal, when in his opinion further Investigation investigation be necessary, shall take or cause to be taken the marshal. testimony on oath of all persons supposed to be cognizant of any facts or to have means or knowledge in relation to the matter as to which an examination is herein required to be made and shall cause the same to be reduced in writing; and if he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson or of conspiracy to defraud or criminal conduct in connection with such fire, he shall cause such person to be arrested and charged with such offense or either of them, and shall keep a record of and Criminal furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all of the information obtained by him, including a copy of all pertinent and material testimony taken in the case, and the progress made in all prosecutions under this act and the results of all cases which are finally disposed of.

proceedings.

fire marshal

SEC. 4. The State Fire Marshal and deputy and assistant Power of shall each have power in any county in the State of Michigan and deputy. to summon and compel the attendance of witnesses before them or either or them, to testify in relation to any matter which is by the provisions of this act a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto by them or either of them, such witnesses to receive the same compensation and mileage and be paid in the same manner and from same Witness fees funds as witnesses in criminal proceedings are now paid, upon the order of the Fire Marshal or his deputy or assistant. Said State Fire Marshal and deputy and assistant State Fire Marshal are each hereby authorized and empowered to ad- Oaths and minister oaths and affirmations to any persons appearing as witnesses before them, and false swearing in any matter aforesaid shall be deemed perjury and shall be punished as such. Any witness who refuses to be sworn or who refuses to testify Refusal of or who disobeys any lawful order of said Fire Marshal or testify, etc.

and mileage.

affirmations.

witness to