Who made SEC. 5491. Any person selling, giving, delivering or in any manner issuing said script [scrip], token, order, or other evidence of indebt- defendants. edness in behalf of any corporation in violation of the provisions of the preceding sections shall be the defendant to the criminal action, and the corporation shall be held as defendant to the civil action: Provided, That the provisions of this act shall not apply, Voluntary ac when any employee shall voluntarily request or consent to ceptance of receive script [scrip], tokens or orders upon any person, company or corporation in payment, or part payment, of wages due, or to become due, to such employee. CHAPTER 140.-Mine regulations. to scrip. SECTION 5492. The board of supervisors of any county in the Inspector of Upper Peninsula in this State where there are mines situated mines. and working, are hereby authorized and directed * * 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 purpose of discharging the duties hereinafter prescribed, * * * SEC. 5494. The duties of the mine inspector shall be to visit Duties. all the working mines of his county once in every sixty days, and oftener if in his judgment necessary, and closely inspect the mines so visited, and condemn all such places where he shall find that the employees are in danger from any cause, whether resulting 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 immediately to order the men engaged in work at the said place to quit work, 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 any mine, or the agent, superintendent, foreman or other person having immediate charge of the working of any mine, to furnish all shafts and open pits of such mine with some secure safeguard at the top of the shaft or open pit so as to guard against accident by persons falling therein or by material falling down the same, also a covering overhead on all the carriages 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: ** SEC. 5495. If any man or men are allowed to continue work in Disregard of orders. any place condemned by the mine inspector, except to do the work required to be done to insure safety before said place has 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 employees working in or about such place until the order referred to in the preceding section shall have been complied with or revoked. Operators to tor. SEC. 5496. It shall be the duty of the person, persons or corporation, or the superintendents or agents of the same, when the mine assist inspecinspector 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 accompany him through the mine or any part thereof; and also to furnish him with suitable ladders and other necessary appliances to make a proper inspection; and should they, or any of them, neglect or Notice to inspector. Annual report. Safety coup Provisos. 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 dollars for each and every offense. SEC. 5498. When ten persons working in any mine, or place where mining is done, shall notify the mine inspector, in writing, that his services are needed, he shall immediately make inspection, or send any one of his assistants to do so: Provided, however, That it shall be made to appear to said inspector that they, the said men so complaining, to have called the attention of the superintendent, agent, mining captain, or boss to the condition of 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. SEC. 5499. It shall be the duty of each of the inspectors of mines appointed under this act to make and file with the clerk 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 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 classifying said accidents as to show what occurred through the fault or negligence of employers and those occurring through the fault or negligence of employees, and giving the results of inquests, if any have been held, in case of accident causing death. CHAPTER 140.-Safety appliances on railroads. SECTION 5511. * * Every railroad company owning or lers required. 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 safety 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 pin 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, That no freight cars shall be run upon any of the railroads within this State after the first day of January, eighteen hundred and ninetyone, unless furnished with safety couplers as provided by this act. SEC. 5512. 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 may run, upon 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. Enforce ment. Bridges, etc., over railroads. SEC. 5513. Wherever in the State of Michigan there shall be over, above, or across any of the tracks of any railroad a bridge, crossing, 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 officers of such railroad 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 [sec, 5514], SEC. 5514. The safety guards mentioned in section one of this Telltales. act [sec. 5513] 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 shall be placed upon each side of such bridge, viaduct, or other obstruction: Provided, That if two such bridges or other obstructions shall be at a less distance apart than one hundred feet, then no guard shall be required between them. SEC. 5515. Any railroad company, lessee or other person or persons operating any railroad that shall refuse or neglect to erect the guards required by this act for the space of sixty days after notice from the commissioner of railroads requiring the erection of such guards, shall be subject to a fine of not less than fifty or [nor] more than one hundred dollars, to be collected at the suit of the people of this State by the prosecuting attorney of each county 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, CHAPTER 140.-Protection of employees on street railways—In closed platforms. Penalty. when. SECTION 5522. * * * It shall be unlawful for any person, Platforms to partnership or corporation, owning or operating a street railway be inclosed, in this State, or for any officer or agent thereof, superintendent or [sic] having charge or control of the management of such line of railway, or the cars thereof, operating electric, cable or other cars propelled either by steam, cable or electricity, which require the constant services, care or attention of any person or persons upon the platforms of such car, to require or permit such services, attention or care of any of its employees or any other person or persons between the first day of November and the first day of April * * of each year unless such person, partnership or corporation, its said officers or superintending or managing agents, have first provided the platforms of said car or cars with a proper and sufficient inclosure, constructed of wood, iron and glass, or • similar, suitable material, sufficient to protect such employees from exposure to the winds and inclemencies of the weather: Provided. That such inclosure shall be so constructed as not to obstruct the vision of the person operating such car, or to endanger or interfere with its safe management by the operator. SEC. 5523. * * It shall be unlawful for any such person, partnership or corporation so owning or operating street rail ways, using steam, electric or cable cars, or any superintending forms. or managing officer or agent thereof, to cause or permit to be used upon such line of railway, between said November first and April first of each and every year any car or cars upon which the services of any employee, such as is specified in section one of this act [sec. 5522], is required, unless said car or cars shall be provided with the inclosure required by section one of this act [sec. 5522]. ** * Running cars without inclosed plat SEC. 5524. Any person, partnership or corporation, owning, Penalty. operating, superintending or managing any such line of street railway, or managing or superintending officer or agent thereof, who shall be found guilty of a violation of the provisions of section one or two of this act [sec. 5522 or 5523], shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, and in default of payment of the same, by imprisonment in the common jail of the county in which such Enforcement. Fire escapes conviction is had until such fine shall be paid, but for a period not exceeding the term of three months. Each day that any of said person or persons, partnership, or corporation, cause or permit any of their said employees to operate such cars in violation of the provisions of sections one and two of this act [secs. 5522 and 5523], or cause or permit cars to be used or operated in violation of said section two of this act [sec. 5523], shall be deemed a separate offense: Provided, That the provisions of this act shall not apply to cars used and known as trailing cars. SEC. 5525. It is hereby made the duty of the prosecuting attorney of any county in which any such street railway is situated and operated, upon any information given him by any credible person, or upon knowledge that he may possess that any person, partnership or corporation has violated any of the provisions of this act, to promptly prosecute such person, members of such partnership or corporation for such violation. CHAPTER 140.-Fire escapes on factories, etc. SECTION 5534. It shall be the duty of the owner, proprietor, or to be provided. lessee of any building, factory, mill, warehouse, or workshop, more than two stories in height, where male or female help is employed above the second story in such building, to provide suitable ladders, or such other fire escapes as may be deemed necessary, for the escape of such help or other persons occupying such building, in cases of fire, as provided in section four of this act [sec. 5536]. Inspection. Alterations. Penalty. * * * SEC. 5536. It shall be the duty of the board of building inspectors, to examine from time to time, at least once in each year, within their respective jurisdictions, any and all such places mentioned in the preceding sections of this act, and to submit without delay to their respective township or village boards, or common council, as the case may be, such recommendations, in addition to the provisions and requirements of this act. as they may deem proper and necessary for the protection against fire, and the escape therefrom, in the several places named in the preceding sections of this act. SEC. 5537. It shall be the duty of the township or village boards. or common council, as the case may be, on receiving such report, to direct all such needful alterations and additions to such places as recommended for the safety and escape from fire to be made within such reasonable time as they may determine, by causing a ⚫ written notice to be served on the owner, proprietor, manager, lessee, or keeper of such several places, stating therein fully the alterations and additions to be made, and the time for their completion. ** * * SEC. 5538. If any such owner, proprietor, manager, lessee, or keeper of any such places named in this act shall neglect or refuse to comply with any such requirements within the time and in the manner specified in such notice, he or they shall be liable to a fine of not less than twenty-five dollars, or [nor] more than one hundred dollars, for each and every month that he or they shall fail to comply with the provisions of this act, * CHAPTER 141.-Employment of children-Certain employments forbidden. Acrobatic, SECTION 5553. Any person having the care, custody, or control mendicant, etc., of any child under sixteen years of age, who shall exhibit, use, or occupations. employ, or who shall apprentice, give away, let out, or otherwise dispose of any such child to any person in or for the vocation, service or occupation of rope or wire walking, gymnast, contortionist, rider, or acrobat, dancing or begging, in any place whatsoever, or for any obscene, indecent, or immoral purpose, exhibition or practice whatsoever, or for any exhibition injurious to the health or dangerous to the life or limb of such child, or who shall cause, procure, or encourage such child to engage therein, and any per son who shall take, receive, hire, employ, use, exhibit, or have in custody any such child for any of the purposes mentioned in this section, shall be deemed guilty of a misdemeanor. of Sales, etc., certain books. SEC. 5557. Any person who shall sell, give away, or in any way furnish to any minor child any book, pamphlet, or other printed paper or other thing, containing obscene language, or obscene prints, pictures, figures or descriptions. tending to the corruption of the morals of youth, or any newspapers, pamphlets or other printed paper devoted to the publication of criminal news, police reports, or criminal deeds, and any person who shall in Employing children to any manner, hire, use, or employ such child to sell, give away, or sell. in any manner distribute such books, pamphlets, or printed papers, and any person having the care, custody, or control of any such child, who shall permit him or her to engage in any such employment, shall on conviction thereof, be deemed guilty of a misdemeanor. CHAPTER 154.-Sunday labor. SECTION 5912. No person shall keep open his shop, warehouse, or Sunday labor workhouse, or shall do any manner of labor, business, or work, forbidden. on the first day of the week. The foregoing provisions * shall not apply to works of necessity and charity, And every person so offending shall be punished by fine not exceeding ten dollars for each offense. Observance of SEC. 5918. No person who conscientiously believes that the seventh day of the week ought to be observed as the Sabbath, and Saturday. actually refrains from secular business and labor on that day, shall be liable to the penalties provided for performing secular business or labor on the said first day of the week, provided he disturb no other person. * * ** SEC. 5920. It shall be unlawful for any person or persons to carry on or engage in the art or calling of hair cutting, shaving, hair dressing and shampooing, or in any work pertaining to the trade or business of a barber, on the first day of the week, commonly called Sunday, except such person or persons shall be employed to exercise such art or calling in relation to a deceased person on said day. Barbering. Keeping Proviso. SEG 5921. It shall be unlawful for any such person or persons to keep open their shops or places of business aforesaid, on said shops open. first day of the week commonly called Sunday, for any of the purposes mentioned in section one of this act [sec. 5920]: Provided, however, That nothing in this act shall apply to persons who conscientiously believe the seventh day of the week should be observed as the Sabbath and who actually refrain from secular business on that day. SEC. 5922. Every person offending against the provisions of this act [secs. 5920-5922], shall, upon conviction thereof, be punished by a fine not less than ten dollars nor more than twenty-five dollars for each offense or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment in the discretion of the court. This statute is within the police power of the State and is not in conflict with the constitution. 99 Mich. 156. CHAPTER 164.-—Safety appliances on railroads. Penalty. Air brakes on trains. SECTION 6280. * * On [No] regular passenger trains shall be run in this State without an air brake or some equally effective Passenger 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 and ready for use at the discretion of said engineer. All locomotive engines and tenders used on the railroads in this State shall be on locomotives. equipped with a suitable driver and tender brake of some pattern to be approved by the commissioner of railroads, which said de Driver brakes |