years on application to the authority granting the same, or at such time as may be determined by said authority.

SEC. 3. Licenses shall be granted according to the competency of the applicant, and shall be divided into classes as follows:-First class. Engineers' licenses of this class shall be unlimited as to horse power. Second class. Engineers' licenses of this class shall be limited to one hundred and fifty horse power. Third class. Engineers' licenses of this class shall be limited to fifty horse power. A fireman's license shall be issued to any person who. after having passed an examination, as herein provided, shall have been found competent to take charge of or to operate any steam boiler or boilers. Any person desiring to operate any particular steam plant may so state to the examiner, and he shall be examined as to his fitness to operate that particular plant, and if found competent and trustworthy shall be granted a license, termed a special license, for that particular plant, and such license shall be in force for three years.

SEC. 4. The fee for examination for applicants for license shall be one dollar, to be paid at the time of the application for examination, and one dollar for each renewal of license. All sums paid as aforesaid shall be received by the examiner, and shall be paid over by him monthly to the treasurer of the Commonwealth if such examiner is a member of the district police, otherwise to the treasurer of the town or city by which such examiner is employed.

SEC. 5. The members of the boiler inspection department of the district police shall act as examiners and enforce the provisions of this act.

SEC. 6. It shall be the duty of the examiners to notify every person operating a boiler or engine mentioned in section one and not included among the exceptions therein specified, to apply for a license under this act and to give such person a reasonable opportunity to take an examination therefor within the town or city in which he is engaged in operating such boiler or engine. The examiner shall issue a license or shall notify the applicant of his rejection within forty-eight hours after his examination.

SEC. 7. Any person dissatisfied with the action of an examiner in refusing or in revoking a license may appeal to the chief of the district police, whose decision shall be final.

SEC. 8. Whoever, after being notified as provided in section six, intentionally violates the provisions of section one of this act shall be punished by fine not exceeding three hundred dollars or by imprisonment not exceeding three months. SEC. 9. This act shall take effect on the first day of August in the year eighteen hundred and ninety-five, and any person applying for a license as engineer or fireman on or before that date shall be deemed to have complied with the provisions of this act until his application is passed upon or rejected by the proper authorities.

CHAPTER 475.-Establishment of textile schools.

SEC. 1. In any city of this Commonwealth whose mayor shall, on or before the first day of July in the year eighteen hundred and ninety-five, file a certificate with the commissioner of corporations that said city has in operation four hundred and fifty thousand or more spindles, not less than seven nor more than twenty persons, citizens of this Commonwealth, may associate themselves together by an agreement in writing for the purpose of establishing and maintaining a textile school for instruction in the theory and practical art of textile and kindred branches of industry, with authority to take, by gift or purchase, and hold personal and real estate to the amount of three hundred thousand dollars. A copy of said agreement and of the signatures thereto, sworn to by any one of the subscribers, shall be submitted to the governor, and if he shall certify his approval of the associates as suitable for the purposes of their association and of this act, said associates shall, for said purposes, after due and proper organization by the adoption of by-laws and the election of officers, and after filing a certificate of such organization and the certificate of the approval of the governor with the secretary of the Commonwealth, be and remain a corporation, with all the powers and privileges and subject to all the duties and obligations of corporations organized for educational purposes under chapter one hundred and fifteen of the Public Statutes. Said corporation shall be known as the Trustees of the Textile School of the place in which it is located, and shall have power to fill all vacancies in their number, however occurring, except as otherwise provided in this act. There shall be only one school incorporated under the provisions of this act in one city.

SEC. 2. Any city in which such a corporation is organized may appropriate and pay to said corporation a sum of money not to exceed, in any case, the sum of twenty-five thousand dollars, and upon the appropriation and payment of said sum or any part thereof by any such city, the inayor and superintendent of

schools of such city for the time being, shall be and become members of said corporation, and the mayor and superintendent of schools of such city shall thereafter be members of such corporation.

SEC. 3. Whenever any such city shall appropriate and pay to any such corporation any sum of money, or whenever the trustees or members of any such corporation shall pay into its treasury, for the purposes of the establishment and maintenance of such school, any sum of money, there shall be appropriated and paid to said corporation from the treasury of the Commonwealth a sum of money equal to the total amount thus appropriated and paid; but in no case shall there be paid to any such corporation by the Commonwealth any sum of money exceeding twenty-five thousand dollars, and upon the appropriation and payment of any sum of money by the Commonwealth for the purposes of any such school, the governor shall, with the advice and consent of the council, appoint two persons to be members and trustees of any such corporation for two and four years respectively, and thereafter such persons and their successors by similar appointment shall be and remain members of said corporation. The governor, with the advice and consent of the council, shall fill all vacancies however occurring in the membership created by this section.

CHAPTER 501.—Honorably discharged soldiers and sailors preferred in public

employment, etc.

SEC. 2. Veterans who have made application for employment in the public service in accordance with the second section of rule twelve of the civil-service rules shall be preferred for certification and appointment in preference to all other applicants not veterans, except women: Provided, That the age limit now established by the civil-service rules, with regard to appointments in the police and prison service and fire departments, may be applied to such appointments.

SEC. 4. The civil-service commission shall, within five days after any examination or certification of candidates for positions in the public service, cause a list of the names of the persons examined or certified, with the standing attained in the examination, to be prepared, and said list shall be open to the inspection of the public between the hours of ten in the forenoon and two in the afternoon of each day.

SEC. 5. Whoever violates any provision of this act shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars.

SEC. 6. The word "application," as used in this act, shall be construed to mean a petition for employment, containing a sworn statement by the applicant that he is qualified to perform the duties of the position which he seeks, and accompanied by certificates from three citizens of good repute in the community stating that they know said applicant to be fully competent to perform the duties of the position sought. The word "veteran," as used in this act, shall be construed to mean a person who served in the United States army or navy during the war of the rebellion and was honorably discharged therefrom.

MICHIGAN.
CONSTITUTION.

ARTICLE 15.-Corporations—Liability of stockholders for debts due employees. (a) SECTION 7. The stockholders of all corporations and joint stock associations shall be individually liable for all labor performed for such corporation or association.

ARTICLE 16.-Exemption from execution, etc.-Personal property.

SEC. 1. The personal property of every resident of this State, to consist of such property only as shall be designated by law, shall be exempted to the amount of not less than five hundred dollars, from sale on execution or other final process of any court, issued for the collection of any debt contracted after the adoption of this constitution.

ARTICLE 16.-Exemption from execution, etc.-Homestead.

SEC. 2. Every homestead of not exceeding forty acres of land, and the dwelling house thereon, and the appurtenances to be selected by the owner thereof, and not included in any town plat, city or village; or instead thereof, at the option of

a See Decisions, page 1295.

the owner, any lot in any city, village, or recorded town plat, or such parts of lots as shall be equal thereto, and the dwelling house thereon, and its appurtenances, owned and occupied by any resident of the State, not exceeding in value fifteen hundred dollars, shall be exempt from forced sale on execution or any other final process from a court, for any debt contracted after the adoption of this constitution. Such exemption shall not extend to any mortgage thereon, lawfully obtained; *

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SEC. 3. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of his debts contracted after the adoption of this constitution, in all cases, during the minority of his children.

SEC. 4. If the owner of a homestead die, leaving a widow but no children, the same shall be exempt, and the rents and profits thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right.

ARTICLE 18.-Convict labor—Mechanical trades in state prison. (a)

SEC. 3. No mechanical trade shall hereafter be taught to convicts in the state prison of this State, except the manufacture of those articles of which the chief supply for home consumption is imported from other States or countries.

HOWELL'S ANNOTATED STATUTES OF 1882-EDITION OF 1883.

CHAPTER 52.-Certain employments of children forbidden.

SECTION 1998. Any person having the care, custody, or control of any child under sixteen years of age, who shall exhibit, use, or 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 person 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.

CHAPTER 54.-Sunday labor.

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SEC. 2015. No person shall keep open his shop, warehouse, or workhouse, or shall do any manner of labor, business, or work, 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.

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for

SEC. 2021. No person who conscientiously believes that the seventh day of the week ought to be observed as the Sabbath, and actually refrains from secular business and labor on that day, shall be liable to the penalties provided * performing secular business or labor on the said first day of the week, provided he disturb no other person.

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CHAPTER 90.-State inspection of safety appliances on railroads. SEC. 3289 (as amended by act No. 212, acts of 1889). He [the commissioner of railroads] may, also,* * *appoint a mechanical engineer, whose duty it shall be, under the instructions of the commissioner, to make technical inspections and reports of the condition and working of all air and power brakes and fixtures, automatic or safety couplers, heating apparatus, train signals and other appliances connected with the construction and running of locomotive engines and cars, also of the condition, character and working of yard and switch lamps, semaphore safety signals, switches, common and interlocking frogs, and guard rails, whether the same are blocked or otherwise treated, as required by law, also of the condition and [sufficiency] sufficient of bridges and other [structures] structure connected with the permanent way, and of the condition and sufficiency of all equipments, freight and passenger houses, as regards the public safety, health and convenience, and of such other matters and things as the commissioner may deem essential to a full and thorough information as to the physical condition of the several railroad properties of the State and the proper enforcement of the police regulations enacted for the control and management of the

same.

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a See Decision, page 1296.

SEC. 3310 (as amended by act No. 212, acts of 1889). Authority is hereby given to said commissioner, and it shall be his duty, if he shall deem it practicable, to prescribe the use of the interlocking switch and signal system, or some other system that will secure equal safety of the operation of trains of cars at all crossings and junctions of railroads in this State.

CHAPTER 91.-Intemperate persons not to be employed on railroads.

SEC. 3367. No person shall be employed as an engineer, train dispatcher, fireman, baggage-master, conductor, brakeman, or other servant upon any railroad, in any of its operating departments, who uses intoxicating drinks as a beverage; and any company in whose service any such person shall knowingly be employed, shall be liable to a penalty of five hundred dollars for every such offense,

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CHAPTER 91.-Railroad companies-Liability of stockholders for debts due employees. (a)

SEC. 3385. All of the stockholders of any such company shall be individually liable for all the labor performed; but they shall not be liable to an action therefor until an execution shall be returned unsatisfied, in whole or in part, against the corporation, and the amount due on such execution shall be prima facie evidence of the amount recoverable with cost against any such stockholder; and every stockholder against whom any such recovery for labor, ties, wood and supplies shall have been had, shall have the right to recover the same of the other stockholders in said corporation, in ratable proportion to the amount of stock they shall respectively hold."

CHAPTER 92.-Bridges over railroads.

SEC. 3401 (as amended by act No. 131, acts of 1883). No bridge hereafter constructed over any railroad in this State, except in cities and villages having power under their charters to regulate the height of such bridges, shall be at a height less than eighteen feet above the track of such railroad, except by the written consent of the commissioner of railroads; and any corporation managing, controlling, or operating any railroad in this State, the track of which is crossed by any bridge constructed less than eighteen feet above such track, except such bridge have the written approval of the commissioner of railroads, or be within the corporate limits of any city or village empowered by its charter to regulate the height of bridges, shall, raise or reconstruct such bridge in such manner that it shall be at least eighteen feet above such railroad track, and construct suitable approaches to such bridge. A failure on the part of any corporation, to comply with the provisions of this section, shall render such corporation liable to a forfeiture of five hundred dollars, to be recovered as in other cases of forfeiture: Provided. That the provisions of this act shall not apply to railroad bridges crossing another railroad track.

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CHAPTER 92.-Protection of wages of railroad employees. (a)

SEC. 3423. It shall be lawful for all railroad companies, when contracts are made by them with contractor or contractors, for work, labor, or materials to be used in repairing or constructing railroads, to provide in the contract or contracts with said contractor or contractors, for the payment of laborers and persons furnishing material to said contractors or subcontractors to be used in said contract, and if no such provision is made in said contract or contracts, it shall be lawful for said railroad companies to withhold payment until such laborers and persons furnishing material are paid; and it shall be the duty of such railroad companies, by agent or otherwise, at each pay-day on said road or roads, to see that all laborers and persons furnishing material employed by contractor or contractors, or subcontractors, are paid before payment is made to said contractors, not to exceed, however, the amount due to said contractors: * Provided further, That

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a bill of items of the material and labor furnished to said contractor or subcontractors shall be furnished to the company through their agent, or otherwise, together with the amount claimed, prior to the usual pay-day of said company, when such claim shall be due, or in case the contractor or contractors are not then paid, then prior to the payment then due. SEC. 3424. On compliance with the provisions * performing the labor, or furnishing the materials,

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of this act, the persons

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shall have the right

a See Decisions, page 1296.

to collect pay for the same from said railroad companies by action, as in case of other claims against said railroad companies, if the said claim or claims are undisputed and acknowledged to be due from said contractor or subcontractors. SEC. 3425. If the amount claimed to be due from the contractor or subcontractors is disputed by them, then said company shall withhold the payment from both till the same has been adjudicated, as in other actions, before some court having jurisdiction of the amount in controversy, and judgment duly rendered, when the company shall pay over the amount of the judgment to the party recovering the same against said contractor or subcontractors, provided the amount of said judgment is due to said contractor or contractors from said company; if not, then so much as is due on said contract.

CHAPTER 92.-Erection of bridge guards by railroads.

SEC. 3437. 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 [3438].

SEC. 3438. The safety guards mentioned in section one of this act [3437] 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 on 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. 3439. 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 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 92.-Railroads-Accidents.

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SEC. 3440. Every railroad corporation doing business in this State shall cause immediate notice of any accident which may occur on its road, attended with loss of life to any person, to be given to a coroner of the county residing nearest to the place of accident, and shall also give notice within twenty-four hours to the commissioner of railroads of any such accident, or of any accident falling within a description of accidents of which said commissioner may, by general regulation, require notice to be given. For each omission to give such notice the corporation shall forfeit a sum not exceeding one hundred dollars.

SEC. 3441. The commissioner of railroads shall investigate the causes of any accident on a railroad resulting in loss of life, and of any accident not so resulting, which, in his judgment, shall require investigation.

CHAPTER 95.-Street railway companies-Liability of stockholders for debts due employees. (a)

SEC. 3557. The stockholders of every company incorporated under this act, shall be jointly and severally liable, in their individual capacity, for all labor performed for such company; and shall also be liable for the debts of such company, for an amount equal to the amount of any unpaid stock in such company held by them. SEC. 3559. But no suit shall be brought against any individual stockholder or stockholders, for any debt of such company, as provided in the last two preceding

a See Decision, page 1297.