EMERSON C. HARRINGTON, GOVERNOR. 179
in the thickly settled or business parts of cities, towns or vil-
lages, or twenty miles per hour in the outlying or not thickly
settled parts of cities, towns or villages. If the rate of speed of
a motor vehicle operated upon any public highway exceeds
twenty-five miles per hour in the open country outside of the
limits of cities, towns or villages, such rate of speed shall be
prima facie evidence that the person operating such vehicle is
operating the same at a rate of speed greater than is reasonable
and proper, and in violation of the provisions of this section,
and the burden of proof shall be upon him to show that such
rate of speed was not greater than was reasonable and proper,
as above set forth.
(4) MAXIMUM OF SPEED.
No motor vehicle shall be operated upon any highway of this
State at a rate of speed greater than thirty-five miles per hour
under any circumstances or conditions.
(5) PENALTIES.
Any person violating any of the provisions of sub-sections
(1), (2) or (3) of this section shall be deemed guilty of a mis-
demeanor and subject to a fine of not more than fifty dollars
($50. 00) for the first offense. Any person operating a motor
vehicle upon any highway of this State at a rate of speed
greater than thirty-five miles per hour, shall be deemed guilty
of a misdemeanor and subject, upon conviction, to a fine of not
less than twenty-five dollars ($25. 00) nor more than one hun-
dred dollars ($100. 00). Any person operating a motor vehicle
upon any highway of this State at a rate of speed greater than
sixty miles per hour shall be subject, upon conviction, to a fine
of not less than one hundred dollars ($100. 00) nor more than
one thousand dollars ($1, 000. 00), or to be imprisoned for not
less than thirty days nor more than one year, or to both fine
and imprisonment, for the first offense; and any person who
shall be convicted of a second or additional such offense shall
be subject to imprisonment for not less than sixty days nor
more than two years. Any person convicted shall also be sub-
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