Proviso, service by mail.

Service on corporation.

Meaning

of owner.

Proviso, intervention.

Time to comply with order.

Duty

of owner.

Neglect to comply.

Order to

show cause.

city, village or township in which he resides, or is without the county, such order may be served upon any tenant or occupant of the building, with the same effect as if served upon the owner. If personal service upon the owner of such building can not be had within two days after the order has been placed in the hands of an officer for service, then the substituted service herein provided for may be had: Provided, however, That service by registered mail shall not be deemed substituted service where a return receipt is demanded and procured. If the owner is a corporation, whether private or pub lic, the service of such order may be made upon such officer or agent as is provided by statute for the service of the process of the circuit courts of this State in the commencement of suits at law; the word "owner" as in this act used shall be given its ordinary meaning and be held to include any trustee, a board of trustees of such property, or any person having a freehold interest in property, but a lessee or mortgagee of such property shall not be deemed an owner thereof: Provided, however, That nothing in this act shall be construed to prevent a mortgagee or lessee from intervening in or being heard upon the issue involved in an order to show cause as hereinafter provided. The word "owner" shall also be construed to include the plural as well as the singular number. If such order is to repair, the owner of such building shall be given not less than ten days from the service of said order to signify his intention to comply therewith; if such order is to tear down or remove, the owner of such building shall be given not less than thirty days from the service of said order within which to signify his intention to comply therewith. Upon the service of such order, it shall be the duty of the owner of such building to signify his intention to comply with such order by notifying the State Fire Marshal in writing. Failure on the part of any owner so served with an order, to signify his intention within the time limited herein shall be deemed to be a refusal to obey such order.

SEC. 8. At the expiration of the time herein set for the owner to signify his intention to comply with such order, if the owner has neglected or refused to comply therewith, or has not commenced in good faith to comply therewith, the State Fire Marshal shall thereupon file his sworn petition. in the name of his office, in the circuit court for the county in which such property is located, setting forth the facts with relation to the making of such order, proof of the service of the same and a copy thereof, and praying for an order to show cause against the said owner why the said order should not be obeyed. Upon the filing of such petition and presenting the same to the circuit judge, it shall be the duty of the circuit judge to forthwith issue an order to show cause, as prayed, which shall be subject to the rules of practice of the court as to service upon the respondent, the time of return and the manner of hearing the same. Upon the return day

of order.

of order.

fixed in such order to show cause the circuit judge shall con- Confirmation firm the order of the State Fire Marshal unless it shall appear from the answer or testimony produced by the respondent that the facts set up in such order of the State Fire Marshal are not substantially true, and upon such issue the State Fire Marshal shall be entitled to be heard and produce witnesses in rebuttal, but shall not be compelled in the first instance to prove the truth of the matters set forth in his petition. The circuit judge may modify the order of the Modification State Fire Marshal upon being satisfied by competent proof that such order as issued is too stringent. From the order or judgment of the circuit judge neither the State nor the No appeal. owner shall have any right of appeal. If the said order is affirmed or modified but not reversed or set aside, the respondent shall pay the costs of the proceedings to be taxed Costs. as in other cases. No injunction shall issue from any court Injunction of this State to prevent the State Fire Marshal from carrying out the provisions of this act.

not to issue.

carried out.

SEC. 9. Failure to forthwith comply with the judgment Failure to of the court in any such matter shall be deemed to be con- deemed comply tempt of court and shall subject the respondent to the pains contempt. and penalties provided by law in contempt cases. In addition to such penalties as may be imposed for contempt of court, the State Fire Marshal is empowered to carry out the said order so affirmed or modified by the circuit court and may Order to be cause such building or premises to be repaired, torn down, demolished, materials removed and all dangerous conditions remedied, as the case may be, at the expense of such owner, Expense of and the State shall have a lien against the land upon which owner; lien. such building or buildings may be located as for labor and material furnished and as provided for in the laws relating to liens for mechanics and others, which lien may be en- Enforcement forced as therein provided, and to any lien so filed and enforced there shall be added a penalty of one hundred dollars against the owner of said property, to be collected as a part of the debt for which the lien is given. Such lien shall be Priority given priority over any other outstanding interest in such of lien.

land.

of lien.

SEC. 10. It shall be the duty of the State Fire Marshal and Fire drills deputy and assistant fire marshals to require teachers of pub in schools. lic and private schools and educational institutions to have one fire drill each month and to keep all doors and exits unlocked during school hours, and it shall be the duty of such teachers to comply with these requirements.

SEC. 11. Except as otherwise provided for in this act, any Penalty. officers or other persons referred to in this act who neglect to comply with any of the requirements hereof shall be guilty of a misdemeanor, and upon conviction shall be fined not to exceed one hundred dollars, and in default of the payment thereof shall be imprisoned not to exceed thirty days.

SEC. 12. The Commissioner of Insurance and the deputy No extra pay. Commissioner of Insurance shall receive no extra compensa

Proviso, service by mail.

Service on corporation.

Meaning

of "owner."

Proviso, intervention.

Time to comply with order.

Duty
of owner.

Neglect
to comply.

Order to

show cause.

city, village or township in which he resides, or is without the county, such order may be served upon any tenant or occupant of the building, with the same effect as if served upon the owner. If personal service upon the owner of such building can not be had within two days after the order has been placed in the hands of an officer for service, then the substituted service herein provided for may be had: Provided, however, That service by registered mail shall not be deemed substituted service where a return receipt is demanded and procured. If the owner is a corporation, whether private or public, the service of such order may be made upon such officer or agent as is provided by statute for the service of the process of the circuit courts of this State in the commencement of suits at law; the word "owner" as in this act used shall be given its ordinary meaning and be held to include any trustee, a board of trustees of such property, or any person having a freehold interest in property, but a lessee or mortgagee of such property shall not be deemed an owner thereof: Provided, however, That nothing in this act shall be construed to prevent a mortgagee or lessee from intervening in or being heard upon the issue involved in an order to show cause as hereinafter provided. The word "owner" shall also be construed to include the plural as well as the singular number. If such order is to repair, the owner of such building shall be given not less than ten days from the service of said order to signify his intention to comply therewith; if such order is to tear down or remove, the owner of such building shall be given not less than thirty days from the service of said order within which to signify his intention to comply therewith. Upon the ser vice of such order; it shall be the duty of the owner of such building to signify his intention to comply with such order by notifying the State Fire Marshal in writing. Failure on the part of any owner so served with an order, to signify his intention within the time limited herein shall be deemed to be a refusal to obey such order.

SEC. 8. At the expiration of the time herein set for the owner to signify his intention to comply with such order, if the owner has neglected or refused to comply therewith, or has not commenced in good faith to comply therewith, the State Fire Marshal shall thereupon file his sworn petition, in the name of his office, in the circuit court for the county in which such property is located, setting forth the facts with relation to the making of such order, proof of the service of the same and a copy thereof, and praying for an order to show cause against the said owner why the said order should not be obeyed. Upon the filing of such petition and presenting the same to the circuit judge, it shall be the duty of the circuit judge to forthwith issue an order to show cause, as prayed, which shall be subject to the rules of practice of the court as to service upon the respondent, the time of return and the manner of hearing the same. Upon the return day

of order.

fixed in such order to show cause the circuit judge shall con- Confirmation firm the order of the State Fire Marshal unless it shall appear from the answer or testimony produced by the respondent that the facts set up in such order of the State Fire Marshal are not substantially true, and upon such issue the State Fire Marshal shall be entitled to be heard and produce wit nesses in rebuttal, but shall not. be compelled in the first instance to prove the truth of the matters set forth in his petition. The circuit judge may modify the order of the Modification State Fire Marshal upon being satisfied by competent proof that such order as issued is too stringent. From the order or judgment of the circuit judge neither the State nor the No appeal. owner shall have any right of appeal. If the said order is affirmed or modified but not reversed or set aside, the respondent shall pay the costs of the proceedings to be taxed Costs. as in other cases. No injunction shall issue from any court Injunction of this State to prevent the State Fire Marshal from carrying out the provisions of this act.

of order.

not to issue.

comply

carried out.

SEC. 9. Failure to forthwith comply with the judgment Failure to of the court in any such matter shall be deemed to be con- comed tempt of court and shall subject the respondent to the pains contempt. and penalties provided by law in contempt cases. In addition to such penalties as may be imposed for contempt of court, the State Fire Marshal is empowered to carry out the said order so affirmed or modified by the circuit court and may Order to be cause such building or premises to be repaired, torn down, demolished, materials removed and all dangerous conditions remedied, as the case may be, at the expense of such owner, Expense of and the State shall have a lien against the land upon which owner; lien. such building or buildings may be located as for labor and material furnished and as provided for in the laws relating to liens for mechanics and others, which lien may be en- Enforcement forced as therein provided, and to any lien so filed and enforced there shall be added a penalty of one hundred dollars against the owner of said property, to be collected as a part of the debt for which the lien is given. Such lien shall be Priority given priority over any other outstanding interest in such land.

of lien.

of lien.

in schools.

SEC. 10. It shall be the duty of the State Fire Marshal and Fire drills deputy and assistant fire marshals to require teachers of public and private schools and educational institutions to have one fire drill each month and to keep all doors and exits unlocked during school hours, and it shall be the duty of such teachers to comply with these requirements.

SEC. 11. Except as otherwise provided for in this act, any Penalty. officers or other persons referred to in this act who neglect to comply with any of the requirements hereof shall be guilty of a misdemeanor, and upon conviction shall be fined not to exceed one hundred dollars, and in default of the payment thereof shall be imprisoned not to exceed thirty days.

SEC. 12. The Commissioner of Insurance and the deputy No extra pay. Commissioner of Insurance shall receive no extra compensa

Salary of assistant.

Expenses.

Annual report.

Limit of salary and expenses.

How paid.

How powers and duties construed.

Act to supersede charters, etc. When act deemed coordinate with local laws, etc.

Municipal authority restricted.

Effect of unconstitutional provision.

Act repealed.

tion because of the duties imposed upon them as State Fire Marshal and deputy State Fire Marshal. The assistant Fire Marshal appointed under the provisions of section two of this act shall receive an annual salary of two thousand dollars. The State Fire Marshal may incur such other expense as may be necessary in the performance of the duties of the office.

SEC. 13. The State Fire Marshal shall submit annually to the Governor, as early as consistent with full and accurate preparation and not later than the first day of April, a detailed report of his official action under this act, and it shall be embodied in his annual report to the Legislature.

SEC. 14. The salary of the assistant Fire Marshal and the other expenses which may be incurred under the provisions of this act shall not exceed the sum of fifteen thousand dollars per annum and shall be paid by the State Treasurer from the funds received from the Commissioner of Insurance for retaliatory fees imposed by act number one hundred ninety-nine of the Public Acts of nineteen hundred seven, as allowed by the Board of State Auditors.

Rule of Construction.

SEC. 15. The powers and duties given to the State Fire Marshal and to the several circuit courts of the State in sections five, six, seven, eight and nine of this act, shall be construed in all cases favorably to such officers and courts as against similar authority existing in local officers, and wher ever less authority is granted or conferred upon local officers under any charter, provision, ordinance or by-law than is herein given to the State Fire Marshal or the several circuit courts with reference to the same subject matter, the provisions of this act shall be deemed to supersede such charter, provisions, ordinances or by-laws to that extent; and in any case where local by-laws, ordinances, or charter provisions contain equal or greater restrictions, or confer authority upon local officers or courts equal to or greater than is herein granted, with reference to the same subject matter, the provisions of this act shall be deemed co-ordinate therewith, but not superseded thereby. No city, village or township shall have authority to pass or enforce any charter provision, ordinance, or by-law, inconsistent with, or lessening the restrictions of, or powers conferred by, this act.

SEC. 16. If any provision or part of this act should be found and declared unconstitutional by the supreme court of this State or of the United States, such decision shall only affect the provision or part so declared invalid and the remaining portions of this act shall continue in full force and effect.

SEC. 17. Act number seventy-nine of the Public Acts of nineteen hundred eleven, as amended by act number two hun