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conviction.

creameries, etc.,

upon conviction thereof, shall be punished by a fine not less Penalty upon than twenty-five, nor more than three hundred dollars, and costs of prosecution, or imprisonment in the county jail, not to exceed ninety days or until such fine and costs are paid, or both fine and imprisonment in the discretion of the court. SEC. 16. It shall be the duty of the proprietor or pro- Proprietors of prietors of every skimming station, creamery, cheese factory, when and where condensed milk factory or milk depot, in the State where to register. milk or cream is received by purchase or otherwise from three or more persons, to register with the Dairy and Food Commissioner on or before April first of each year, upon blanks furnished by said official, the location of such skimming station, creamery, cheese factory, condensed milk factory or milk depot, and the name of its owner or owners and manager. And it shall be the duty of the proprietor or proprietors of To file annual every skimming station, creamery, cheese factory, condensed report. milk factory or milk depot in this State, where milk or cream is received by purchase or otherwise from three or more persons, to file a report with the Dairy and Food Commissioner, said report to be made on or before April first of each year, upon blanks furnished by said official, and to show the What to contain. amount of milk or cream received by said skimming station, creamery, cheese factory, condensed milk factory or milk depot during the year ending December thirty-first preceding; and said report shall show the amount of butter, cheese or condensed milk manufactured during the year, together with a list of the names and postoffice addresses of the patrons of said skimming station, creamery, cheese factory, condensed milk factory or milk depot. Every skimming station, cream- Registration fee ery, cheese factory, condensed milk factory or milk depot, so registering and so reporting, shall pay to the office of the State Dairy and Food Commissioner an annual registration Amount. fee of five dollars, to be paid at the time of such registration.

required.

who considered.

license.

The money so collected by the Dairy and Food Commissioner Money, how used. shall be paid into the State treasury and be used to help defray the expenses of the office of the Dairy and Food Commissioner, in addition to the annual appropriation therefor. SEC. 17. Any person, persons or corporation who shall Milk dealer, sell milk or cream from a wagon or other conveyance, depot or store, or who shall sell or deliver milk or cream to a hotel, restaurant, boarding house or any public place, shall be considered a milk dealer; and every milk dealer who shall Must obtain sell milk or cream from a wagon or other conveyance, depot or store, or who shall sell, or deliver milk or cream to a hotel, restaurant, boarding house or any public place in any city, town or village of this State, must first obtain a license from the Dairy and Food Commissioner to sell such milk or cream. A license shall be required for each wagon or other conveyance, depot or store. Each dealer shall pay to the Dairy Amount. and Food Commissioner a license fee of one dollar for each license so granted, which license must be obtained on or before the first day of July of each year. The moneys received by the

Moneys, how used.

name of owner.

Not to be sold, etc.

Dairy and Food Commissioner, in payment of such licenses, shall be paid into the State treasury and be used to help defray the expenses of the office of the Dairy and Food Commissioner in addition to the annual appropriation. All Licenses, used in licenses shall be used only in the name of the owner of the wagon, depot or store, and shall, for the purpose of this act, be prima facie evidence of ownership. No license shall be sold, assigned, or transferred. Each license shall record the name, residence, place of business, number of wagons, depots or stores used (where more than one is employed) and the number of the license. Whoever violates any of the provisions of this section, in so far as relates to registration and the securing of licenses, shall be deemed guilty of a misdemeanor, and for each and every offense shall be punished by a fine of not less than five dollars, nor more than twentyfive dollars and the costs of prosecution, or by imprisonment in the county jail for not more than thirty days, or both.

Misdemeanor, who guilty of.

Penalty.

Commercial feeding stuff, to have statement attached.

At retail.

SEC. 18. Any manufacturer, company, person or persons who shall sell, offer or expose for sale or for distribution, in this State, any concentrated commercial feeding stuff used for feeding live stock, shall furnish with each car, or other amounts shipped in bulk, and shall affix to every package of such feeding stuff, in a conspicuous place, on the outside What to certify thereof, a plainly printed statement, clearly and truly certifying the number of net pounds in the car or package sold or offered for sale, the name or trade-mark under which the article is sold, the name of the manufacturer or shipper, the place of manufacture, the place of business, and a chemical analysis, stating the percentages it contains of crude protein, crude fibre, nitrogen, free extract and ether extract, all constituents to be determined by the methods adopted by the association of official agricultural chemists. Whenever any feeding stuff is sold at retail, in bulk or in packages belonging to the purchaser, the agent or dealer shall furnish to him a certified copy of the chemical analysis named in this section. (a) The term concentrated commercial feeding stuffs as used in this act shall include linseed meal, cotton seed meal, pea meals, cocoanut meals, gluten meals, oil meals of all kinds, gluten feeds, maize feeds, starch feeds, mixed sugar feeds, hominy feeds, rice meals, oat feeds, corn and oat feeds, meat meals, dried blood, clover meals, mixed feeds of all kinds, slaughter house waste products; also all condimental stock foods, patented and proprietary stock foods, claimed to possess nutritive properties and all other materials intended for feeding to domestic animals: Provided, That such feeding stuffs, as defined above, shall not include hays, straws, fodders, ensilage, the whole seeds nor the unmixed meals made directly from the entire grains of wheat, rye, barley, cats, flax-seed, maize, buckwheat, wet brewers' grains, malt sprouts, wet or dried beet pulp when unmixed with other materials. Neither shall it include wheat, rye and buckwheat brans or middlings not mixed with other substances, but sold

Commercial feeding stuffs, what to include.

Proviso.

Feeding stuffs not included.

separately as distinct articles of commerce, nor pure grains ground together.

etc., to file copy of analysis.

jar of article.

(b) Before any manufacturer, company, person or per- Manufacturers, sons shall sell, offer or expose for sale in this State any concentrated commercial feeding stuff, he or they shall, for each and every feeding stuff bearing a distinguishing name or trade-mark, file annually, with the Dairy and Food Commissioner a certified copy of the chemical analysis and certificate referred to in this section, and shall deposit with said Dairy To deposit glass and Food Commissioner a sealed glass jar, or bottle, containing at least one pound of the feeding stuff to be sold or offered for sale, together with an affidavit that it is a fair sample of the article thus to be sold or offered for sale. He or they shall also pay annually into the State treasury a li- Annual license. cense fee of twenty dollars for each and every brand of feeding stuff he offers or exposes for sale in this State. Said fee When paid. is to be paid on or before April first of each year: Provided, Proviso as to That whenever the manufacturer or importer shall have paid this license fee, his agents shall not be required to do so. Whenever any manufacturer, importer, agent or seller of any commercial fceding stuff desires at any time to sell such material and has not paid the license fee therefor, he shall pay the license fee prescribed in this section, before making any such sale. The money collected under the provisions of Money, how used. this act shall be paid into the State treasury and be used to help defray the expenses of the office of the Dairy and Food Commissioner, in addition to the regular appropriation there

for.

manufacturer's license.

shall issue license.

(c) Whenever the manufacturer, importer, agent or seller Commissioner, of any commercial feeding stuff shall have complied with the requirements of this section, the Dairy and Food Commissioner shall issue or cause to be issued, a license, permitting the sale of said feeding stuff, which license shall terminate on April first following the date of issue.

made.

(d) All such, analyses of commercial feeding stuffs re- How analysis quired by this act, shall be made under the direction of the Dairy and Food Commissioner, and shall be paid for out of the funds arising from the license fees provided for in this section. (e) The Dairy and Food Commissioner shall publish, or Shall cause annual cause to be published in bulletin form, at least annually a analyses. correct statement of all analyses made, together with any incidental information concerning same which he may deem proper.

publication of

(f) Any manufacturer, importer, company, agent, person Violation. or persons, who shall sell, offer or expose for sale, without first complying with the provisions of this act, any commercial feeding stuff, or shall attach or cause to be attached to any car, package or other quantity of said feeding stuff, an analysis stating that it contains a larger percentage of any one or more of the constituents named in this section than it really does contain shall, upon conviction thereof, be fined

Penalty for.

Commissioner, may select

quantity from any package for sample.

Annual report of commissioner to account for moneys.

Repealing clause.

not less than one hundred dollars for the first offense, and not less than three hundred dollars for every subsequent offense, and the offender shall also be liable for damages sustained by the purchaser of such feeding stuff on account of such misrepresentation.

(g) The Dairy and Food Commissioner, by any duly authorized agent, is hereby authorized to select from any package of commercial or other feeding stuff exposed or of fered for sale in this State, a quantity not exceeding two pounds for a sample, such sample to be used for the purposes of an official analysis and for comparison with the certificate filed with the Dairy and Food Commissioner, and with the certificate affixed to the package on sale.

SEC. 19. The published annual report of the Dairy and Food Commissioner which shall be made to the Governor, shall include a complete accounting of all moneys received by the department from every source, and the amount expended by the department.

SEC. 20. All acts and parts of acts inconsistent with this
act so far as they are inconsistent are hereby repealed.
This act is ordered to take immediate effect.
Approved March 9, 1905.

Supervisors may authorize appointment of probate register.

Probate judge to appoint.

[No. 13.]

AN ACT to provide for the appointment of a probate register for the county of Houghton, to prescribe his duties and to fix his compensation.

The People of the State of Michigan enact:

SECTION 1. The board of supervisors of Houghton county shall have power to authorize the probate judge to appoint a probate register for said county, who shall receive such annual salary, payable monthly from the county treasury, as the board of supervisors shall prescribe, which shall be not to exceed one thousand dollars.

SEC. 2. Such probate register shall be appointed by the probate judge and shall hold office during the pleasure of said probate judge, and shall take and subscribe the constitutional oath and file the same with the county clerk, when Power of register. he shall have power to receive petitions, fix the time of hearings, administer oaths, and do all other acts required of the probate judge, except judicial acts, and shall receive no other fees than are now prescribed by general law for judges of probate.

This act is ordered to take immediate effect.
Approved March 9, 1905.

[No. 14.]

AN ACT.to amend section one of act number twenty-three of the public acts of eighteen hundred ninety-three, as amended by act number ninety-eight of the public acts of nineteen hundred three, entitled "An act to prohibit the taking, catching or destruction of fish in Raisin river of this State."

The People of the State of Michigan enact:

amended.

SECTION 1. Section one of act number twenty-three of the Section public acts of eighteen hundred ninety-three, as amended by act number ninety-eight of the public acts of nineteen hundred three, entitled "An act to prohibit the taking, catching or destruction of fish in Raisin river of this State," is hereby amended to read as follows:

and line.

SECTION 1. It shall not be lawful for any person to take, Unlawful to take catch or kill any fish in the River Raisin in this State, with except with hook a spear, net, grab hook or by use of jacks or artificial light or any kind of firearms or explosive material, set lines or other device, except the hook and line: Provided, It shall not Proviso. be unlawful to take, catch or kill any fish in said river within the county of Washtenaw in this State with a spear, or by use of jacks or artificial light in the months of November, December, January and February of each year. This act is ordered to take immediate effect. Approved March 9, 1905.

[No. 15.]

AN ACT to amend section one hundred forty-six of chapter twenty-nine of the Compiled Laws of eighteen hundred ninety-seven, relating to appeals to the Supreme Court from the circuit courts in chancery, the same being compiler's section five hundred fifty-two.

The People of the State of Michigan enact:

SECTION 1. That section one hundred forty-six of chapter Section twenty-nine of the Compiled Laws of eighteen hundred ninety- amended. seven, relating to appeals to the Supreme Court from the circuit courts in chancery, the same being compiler's section five hundred fifty-two, be amended so as to read as follows: SEC. 146. It shall be the duty of the register, upon pay- Duty of register ment to him of a sum not to exceed five dollars as his fees, of certain fees, by the appellant, to attach together the original bill, process, by appellant,

upon payment

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