Suspended sentence.

disorderly person before a court of competent jurisdiction that said child is a juvenile disorderly person as described in section five of this act. The justice of the peace or court shall issue a warrant and proceed to hear suc hcomplaint; and if said justice of the peace or court shall determine that said child is a juvenile disorderly person within the meaning of this act, then said justice of the peace or court shall thereupon, and after consultation with the county agent of corrections and charities, sentence such child, if a boy, to the Industrial School for Boys at Lansing for a term not extending beyond the time when said child shall arrive at the age of seventeen years, unless sooner discharged by the board of control of said Industrial School for Boys; or, if a girl, to the Industrial Home for Girls at Adrian, for a term not extending beyond the time when said child shall arrive at the age of seventeen years, unless sooner discharged by the board of control of said Industrial Home for Girls; Provided, however, that such sentence shall, in case of the first offense, be suspended.

Sec. 8. All acts or parts of acts conflicting with the provisions of this act are hereby repealed.

Approved April 26, 1895.

AN ACT

To amend an act entitled, "An act to provide separate grades for railroads and public highways and streets where railroads intersect such highways and streets," approved May twentieth, eighteen hundred ninety-three.

Section 1. The People of the State of Michigan enact, That an act entitled "An act to provide separate grades for railroads and public highways and streets where railroads intersect such highways and streets," approved May twentieth, eighteen hundred ninety-three, be amended bw adding a new section thereto, to stand as section thirty-three, as follows:

Sec. 33. In the city of Detroit the city counselor or other officer who may be the head of the legal department of said city shall perform the duties required by this act to be performed by the city attorney, and wherever the term city attorney shall be used herein, it shall as to and in said city be deemed to mean the city counselor or other head of the legal department.

Approved May 22, 1895.

hen railroad company and

board or officer cannot agree.

AN ACT

To amend sections numbered nine, eleven, thirteen, fourteen, fifteen, sixteen and thirty-one, of an act entitled "An act to provide separate grades for railroads and public highways and streets where railroads intersect such highways and streets," approved May twentieth, one thousand eight hundred and ninety-three.

Section 1. The People of the State of Michigan enact, That sections nine, eleven, thirteen, fourteen, fifteen, sixteen and thirty-one of an act entitled "An act to provide separate grades for railroads and public highways and streets where railroads intersect such highways and streets," approved May twentieth, one thousand eight hundred and ninety-three, be and the same are hereby amended so as to read as follows:

Section 9. If any railroad company operating a railroad which crosses any such street or highway and the representative board or officer are unable to agree, in accordance with the provisions of section two of this act, or if such agreement having been made fails to become enforceable by reason either of a failure to agree with the abutting property owners or with any street railway company under the provisions of section three of this act, or of a finding of the commissioners hereinafter provided for against the necessity of the proposed separation of grades, then on presentation to the board of railroad and street crossings of a certificate made by such representative officer, or of a certified copy of a resolution passed by said representative board or boards, or when more than one board is interested

Board to inves

by any one of them declaring that the separation of the grades at said crossing is necessary for the public benefit, or on presentation to said crossing board of a petition signed by twenty owners of real estate abutting on said street or highway, praying said board to investigate the necessity of separating the grades at such crossing, it shall thereupon be the duty of said board to investigate the necessity of the separation of the grades tigate necessity of separation. at such crossing. Before proceeding with such investigation, Notice of insaid board shall cause a notice of the time and place at which vestigation. the investigation will commence to be served at least ten days before the time set for the investigation upon the prosecuting attorney of each county interested, if any, and upon the highway commissioner of each township interested, if any, upon the city attorney of the city interested, if any, either personally or by leaving such notice at the office of such prosecuting attorney or city attorney or commissioner, with some person in charge thereof, or if such office is not open so as to admit of service, by leaving such notice at the residence of such attorney or commissioner, with some person of suitable age and discretion. Within the same time said board shall cause such notices to be served upon each railroad company interested in said crossing by leaving a copy thereof at the principal business office of such companay situate within this State with either the president, vicepresident, general superintendent or general manager of such company, or if none of said officers can be found, then by leaving said copy with any officer or agent of said company in charge of any of its stations or depots within this State. Any corporation or body politic so notified, and any other person interested tend. in said crossing may attend upon said investigation. If the board or a majority thereof determine that a separation of grades is necessary, they shall determine whether the grade of said railroad or railroads shall be raised or lowered, and how much, and

Who may at

Maximum grade.

Plan of construction.

Report.

whether the grade of said street or highway shall be raised or lowered, and how much: Provided, That in such separation of the grades the maximum of one foot in ten for the new grade of the street or highway, and one foot in one hundred for the new grade of the railroad shall not be exceeded. And having determined the manner of making such separation as they, or a majority of them shall deem best, they shall also estimate as near as may be and determine the cost and expense of doing and constructing the work provided by section twenty-seven, to be done by said railroad company or companies, and the portion of such cost or expense, if any, which it would be just and equitable that the city, county or township, by whom it is provided herein, the expense of such separation shall be paid, shall pay to said company or companies, as its fair share thereof, and they shall also determine the cost and expense of the work to be done or constructed by the city, county or township as provided by said section twenty-seven, and the portion thereof, if any, which would be just and equitable that said company or companies should pay to said city, county or township as its or their fair share of the said cost and expense. They shall adopt a plan showing the details of construction necessary for the separation of the grades at such crossings by carrying such street or highway either over or under said railroad or railroads, as they, or a majority of them, shall deem best. They shall have an accurate profile and map made of those portions of the street or highway and railroad or railroads of which the grade is to be changed. They shall make report signed by a majority of the said board, setting forth in detail the plan by them adopted as aforesaid, to which report shall be attached as a part thereof the plan of construction, and profile and map above referred to, and in which report shall be stated the cost and expense as determined by them of doing and constructing the work to be