lished in a court of competent jurisdiction: Provided further, Proviso as to This act is ordered to take immediate effect. [No. 162.] AN ACT to provide additional facilities for the State Industrial Home for Girls by authorizing and directing the board of guardians of the State Industrial Home for Girls to grant an easement for a right of way to the Adrian and Ann Arbor Electric Railway Company to build and maintain an electric railway and a passenger station on certain premises of said Industrial Home. The People of the State of Michigan enact: SECTION 1. The board of guardians of the State Industrial Easement, board Home for Girls at Adrian are hereby authorized to grant an may grant. easement for a right of way for the Adrian and Ann Arbor Electric Railway Company upon such terms and conditions as said board of guardians may deem just and equitable, for building an electric railway and passenger station through and upon the following described property, viz.: The easterly fifty feet of the westerly eighty-three feet of the southerly ten hundred fifty feet of the northerly thirteen hundred feet of the southwest quarter of section twenty-five, township six south, of range three east, Adrian township, Lenawee county, Michigan. Said easement or right of way shall not exceed Width, length, seven hundred fifty feet in length along the highway in front etc. of said described premises, and the width thereof shall not exceed thirty-two feet, except that where it is desired to erect a suitable passenger station the width thereof for a distance, not exceeding two hundred feet in length, may be fifty feet. SEC. 2. The said board of guardians shall prescribe, in the R. R. company terms and conditions under and by virtue whereof the said to maintain easement is granted, that the said railway company shall etc. fences crossings, erect and maintain such suitable fences along the farm line This act is ordered to take immediate effect. Sections amended. Five or more persons may make certificate in writing. What to contain. What corporations organized under this act. [No. 163.] AN ACT to amend sections one and seven of act number one hundred seventy-one of the public acts of nineteen hundred three, entitled "An act for the incorporation of associations not for pecuniary profit." The People of the State of Michigan enact: SECTION 1. Sections one and seven of act number one hundred seventy-one of the public acts of nineteen hundred three, entitled "An act for the incorporation of associations not for pecuniary profit," is hereby amended so as to read as follows: SECTION 1. Any five or more persons who shall desire to associate themselves for any lawful purposes other than pecuniary profit may make, sign and acknowledge before any person authorized to take the acknowledgment of deeds in this State and record in the office of the Secretary of State and in the office of the clerk of the county in which the headquarters or principal business of the corporation is to be conducted, a certificate in writing in which shall be stated: First, The name or title by which said corporation is to be known in law; Second, The purpose or purposes for which it is formed; Fourth, The number of trustees or directors, which shall not be less than three; Fifth, And the names of the trustees or directors selected for the first year of its existence. SEC. 7. Hereafter all new corporations not organized for profit and having no capital stock, except religious organizations and institutions of learning provided for in act number thirty-nine of eighteen hundred fifty-five and organizations of the Independent Order of Odd Fellows, shall be organized under this act. Approved June 1, 1905. [No. 164.] AN ACT to protect the owners of bottles, cans, ice cream cans, jars, tubs, ice cream tubs, boxes, siphons, fountains and kegs used in the sale of milk, cream, ice cream, butter, or other dairy products, soda water, mineral, drinking or aerated water, porter, ale, cider, ginger ale, small beer, lager beer, Weiss beer, beer, white beer, fruits, preserves, cordials, drugs, medicines, mixtures, perfumes, compounds or other manufactured articles or beverages and to repeal act number two hundred twenty-four of the public acts of nineteen hundred one and act number thirty-six of the public acts of eighteen hundred ninety-seven and to repeal all acts or parts of acts inconsistent herewith. The People of the State of Michigan enact: Secretary of State, SECTION 1. Any and all persons or corporations, engaged To file with in manufacturing, bottling or selling soda water, mineral, description of drinking or aerated waters, porter, ale, cider, ginger ale, milk, names, marks, etc. cream, ice cream, butter, or other dairy products, beer, small beer, lager beer, Weiss beer, white beer, fruits, preserves, cordials, drugs, medicines, perfumes, mixtures, compounds, or other manufactured articles or beverages, in bottles, cans, ice cream cans, jars, tubs, ice cream tubs, boxes, siphons, fountains or kegs, with his, her, its or their name or names, or other mark, initials, or device, together with the word "Registered," branded, stamped, engraved, etched, blown, impressed or otherwise produced upon such bottles, cans, ice cream cans, jars, tubs, ice cream tubs, boxes, siphons, fountains or kegs used by him, her, it or them, may file in the office of the clerk in the county in which his, her, its or their principal place of business is located and also in the office of the Secretary of State, a description of the name or names, marks, initials, or devices so used by him, it or them, respectively, and Publication. cause such description to be printed once in each week for three weeks successively in a newspaper published in the county in which said notice may be filed as aforesaid. fill, etc. SEC. 2. It is hereby declared to be unlawful for any person Unlawful to or persons, corporation or corporations, to fill with soda water, mineral, drinking or aerated waters, porter, ale, cider, ginger ale, milk, cream, ice cream, butter, or other dairy products, small beer, lager beer, Weiss beer, beer, white beer, fruits, preserves, cordials, drugs, medicines, mixtures, perfumes or other compounds of manufactured articles or beverages, any bottle, can, ice cream can, jar, tub, ice cream tub, box, siphon, fountain or keg, so marked or distinguished as aforesaid, with or by any name, mark, initial, or device of which a description shall have been filed and published as provided for in section one of this act, or to deface, erase, obliterate, cover up or otherwise remove or conceal any such Misdemeanor, what deemed. Penalty. Unlawful to use without written consent. name, mark, initial, or device thereon; or to buy, sell, give, take, or otherwise dispose of, or traffic in the same, without the written consent of, or unless the same shall have been purchased from, the person or persons, corporation or corporations, or other persons dealing in, and selling such bottles, cans, ice cream cans, jars, tubs, ice cream tubs, boxes, siphons, fountains or kegs, or the contents thereof, and whose mark, initial or device shall be or shall have been upon the bottle, can, ice cream can, jar, tub, ice cream tub, box, siphon or keg so filled, trafficked in, used or handled as aforesaid; any person or persons, corporation or corporations, offending against the provisions of this section shall be guilty of a misdemeanor and shall be punished for the first offense by imprisonment of not less than ten days or more than ninety days, or by a fine of one dollar for each and every bottle, can, ice cream can, jar, tub, ice cream tub, box, siphon, fountain or keg so filled, sold, used, disposed of, bought or trafficked in or by both such fine and imprisonment in the discretion of the court before whom the offense shall be tried; and for each subsequent offense by imprisonment of not less than ten days or more than ninety days, or by a fine of not less than three dollars or more than five dollars for each and every bottle, can, ice cream can, jar, tub, ice cream tub, box, siphon, fountain or keg so filled, used, sold, disposed of, bought or trafficked in, or by both such fine and imprisonment in the discretion of the court before whom the offense shall have been tried. SEC. 3. The use by any person other than the person or persons, corporation or corporations, whose name, mark, initial, or device shall be or shall have been upon the same, without such written consent or purchase as aforesaid of any such marked or distinguished bottle, can, ice cream can, jar, tub, ice cream tub, box, siphon, fountain or keg, a description of the name, mark, initials, or device whereon shall have been filed and published as herein provided, for the sale of soda water, mineral, drinking or aerated waters, porter, ale, cider, ginger ale, milk, cream, ice cream, butter or other dairy products, small beer, lager beer, Weiss beer, beer, white beer, fruits, preserves, cordials, drugs, medicines, mixtures, perfumes, compounds, or other manufactured articles or beverages or for the furnishing of such similar beverages and articles to customers or the selling, disposing of or trafficking in any such bottles, cans, ice cream cans, jars, tubs, ice cream tubs, boxes, siphons, fountains or kegs, by any persons other than the persons or corporations having the name, mark, initials or device thereon, of such owner without such written consent; or the having by any junk dealer or dealer in second hand articles possession of any such bottles, cans, ice cream cans, jars, tubs, ice cream tubs, boxes, siphons, fountains or kegs, a description of the name, mark, initials or device used wherein shall have been so filed and published as aforesaid, without such written consent, shall and is hereby declared to be presumptive evidence of the unlawful use, purchase or traffic in such bottles, cans, ice cream cans, jars, tubs, ice cream tubs, boxes, siphons, fountains or kegs. may issue SEC. 4. Whenever any person or persons, or the president, When justice secretary, treasurer, or other officer of any corporation men- search warrant. tioned in section one of this act, or his, her, its, or their duly authorized agent who has personal knowledge of the facts, shall make oath in writing before any justice of the peace or police judge, or other magistrate, that the party so making such affidavit has reason to believe and does believe that any of his, her, its, or their bottles, cans, ice cream cans, jars, tubs, ice cream tubs, boxes, siphons, fountains or kegs containing a description of the name, mark, initials or device duly registered as provided in section one of this act are being filled or had by any person or corporation manufacturing or selling soda water, mineral, drinking or aerated waters, porter, ale, cider, ginger ale, milk, cream, ice cream, butter, or other dairy products, small beer, lager beer, Weiss beer, beer, white beer, fruits, preserves, cordials, drugs, medicines, mixtures, perfumes, compounds or other manufactured articles or beyerages or that any junk dealer or dealer in second hand articles, vendor of bottles, or any such person or corporation has any such bottles, cans, ice cream cans, jars, tubs, ice cream tubs, boxes, siphons, fountains or kegs in his, her, its or their possession the said magistrate may, when satisfied that there is reasonable cause, issue a search warrant and cause the premises designated to be searched for the purpose of discovering and obtaining the same, and may also cause to be brought before him the person in whose possession such bottles, cans, ice cream cans, jars, tubs, ice cream tubs, boxes, siphons, fountains or kegs may be found, and shall then inquire into the circumstances of such possession; and if said magistrate When punishment imposed. finds that such person has been guilty of a violation of section two of this act, he must impose the punishment, therein prescribed, and he shall also award the possession of property taken upon such search warrant to the owner thereof. SEC. 5. The costs incurred in the enforcement of the pro- How costs visions of this act shall be assessed and collected in the same manner as in criminal cases, and all fines collected by virtue of this act shall be turned over to the magistrate collecting the same, in the same manner and for the same purposes as criminal and misdemeanor fines are now by law disposed of. assessed. SEC. 6. Act numbered two hundred twenty-four of the Act repealed. public acts of nineteen hundred one is hereby repealed. SEC. 7. All acts and parts of acts inconsistent with the Repealing clause. provisions of this act are hereby repealed. Approved June 1, 1905. |