state, territory or country in which it is manufactured or produced; Fourth, If its package or label shall bear or contain any statement, design or device regarding the curative or therapeutic effect of such articles or any of the ingredients or substances contained therein, which is false and fraudulent. Approved May 7, 1915. [No. 153.] AN ACT to amend sections one, two, four, five, six, eight, nine, ten and eleven of part five of act number ten of the Public Acts of nineteen hundred twelve, first extra session, entitled "An act to promote the welfare of the people of this State, relating to the liability of employers for injuries or death sustained by their employes, providing compensation for the accidental injury to or death of employes and methods for the payment of the same, establishing an industrial accident board, defining its powers, providing for a review of its awards, making an appropriation to carry out the provisions of this act, and restricting the right to compensation or damages in such cases to such as are provided by this act," approved March twenty, nineteen hundred twelve. The People of the State of Michigan enact: amended. SECTION 1. Sections one, two, four, five, six, eight, nine, Sections ten and eleven of part five of act number ten of the Public Acts of nineteen hundred twelve, first extra session, entitled "An act to promote the welfare of the people of this State, relating to the liability of employers for injuries or death sustained by their employes, providing compensation for the accidental injury to or death of employes and methods for the payment of the same, establishing an industrial accident board, defining its powers, providing for a review of its awards, making an appropriation to carry out the provisions of this act, and restricting the right to compensation or damages in such cases to such as are provided by this act," approved March twenty, nineteen hundred twelve, are hereby amended to read as follows: PART V. Administration by Commissioner of Insurance. missioner of SEC. 1. Whenever five or more employers, who have become When comsubject to the provisions of this act, and who have on their insurance may payrolls an aggregate number of not less than three thou- administer. sand employes, shall in writing request the Commissioner Proviso, liability. Creation of "Accident Fund." How formed. Investment. Proviso, consent and approval. Surety bond of commissioner. Premium. Approval. Classification of establishments. of Insurance so to do, he shall assume charge of levying and SEC. 2. The Commissioner of Insurance shall immediately upon assuming the administration of the collection and disbursement of the moneys referred to in the preceding section, cause to be created in the State treasury a fund to be known as "Accident Fund." Each such employer shall contribute to this fund to the extent of such premiums or assessments as the Commissioner shall deem necessary to pay the compensation accruing under this act to employes of such employers or to their dependents, and also the expense of the adminis tration of said accident fund, which premiums and assessments shall be levied in the manner and proportion hereinafter set forth. There shall be maintained in said accident fund a sufficient amount of cash to pay current losses and expenses, and the balance may be invested by the Commissioner of Insurance and the State Treasurer acting together, in such securities as are specified in section four of act number seventy-seven of the Public Acts of eighteen hundred sixtynine, for deposit by insurance companies with the State Treasurer. All such securities shall be purchased and may be sold at such time, in such manner and in accordance with such rules and conditions as may be prescribed and required by the joint action of said Insurance Commissioner and State Treasurer: Provided, however, That no such investment shall be made nor any securities sold or disposed of except by and with the consent and approval in writing of the Board of State Auditors. The Commissioner of Insurance shall give a good and sufficient bond in the sum of twentyfive thousand dollars, executed by some surety company authorized to do business in the State of Michigan, covering the collection and disbursement of all moneys that may come into his hands under the provisions of this act. The premium on said bond shall be paid out of the general funds of the State on the order of the Auditor General. Said bond must be approved by the Board of State Auditors. SEC. 4. The Commissioner of Insurance may classify the establishments or works of such employers in groups in accordance with the nature of the business in which they are engaged and the probable risk of injury to their employes under existing conditions. He shall determine the amount of determined. the premiums or assessments which such employers shall pay Assessments to said accident fund, and may prescribe when and in what manner such premiums and assessments shall be paid, and may change the amount thereof both in respect to any or all of such employers from time to time, as circumstances may require, and the condition of the respective plants, establishments or places of work in respect to the safety of their employes may justify, but all such premiums or assessments shall be levied on a basis that shall be fair, equitable and just as among such employers. payment. SEC. 5. All premiums or assessments shall be due and pay- When assessable within forty-five days from the date on which the insur- ments due. ance became effective and formal demand for the payment of such premium shall be made within thirty days from said date. If any employer shall make default in the payment Default in of any contribution, premium or assessment required as aforesaid by the Commissioner of Insurance, the insurance of such employer shall become void and the sum due for the period insured shall be collected by an action at law in the name of the State as plaintiff and such right of action shall be in addition to any other right of action or remedy. In case Injury during any injury happens to any of the workmen of such employer after the default in the payment of any such premium, assessment or contribution, the defaulting employer shall not, if such default be fifteen days after demand for payment, be entitled to the benefits of this act, but shall be liable to suit by the injured workman, or by his dependents in case death results from such accident, as if he had not elected to become subject to this act. default. date of SEC. 6. Every employer requesting insurance under the ad- Certificate of ministration of the Commissioner of Insurance shall upon insurance. complying with the rules and regulations adopted by said Commissioner of Insurance, be furnished with a certificate showing the date on which such insurance becomes effective. Such insurance shall be in force for a period of one year, and Period of may be renewed for subsequent periods of one year providing Insurance. such employer shall have complied with all of the rules and regulations adopted by the Commissioner of Insurance. inspection. SEC. 8. The books, records and payrolls of each employer Books, etc., subject to the provisions of part five of this act shall always opti be open to inspection by the Commissioner of Insurance, or his duly authorized agent or representative, for the purpose of ascertaining the correctness of the amount of the payroll reported, the number of men employed and such other information as said commissioner may require in the administration of said funds. Refusal on the part of any such em- Penalty for ployer to submit said books, records and payrolls for such refusal. inspection, shall subject the offending employer to a penalty of fifty dollars for each offense, to be collected by civil action in the name of the State and paid into the accident fund, and the individual who shall personally give such refusal shall be guilty of a misdemeanor. Any such employer who False statements. Penalty. Commissioner to give and shall knowingly submit to the Commissioner of Insurance a false statement of payroll for the purpose of securing a lower premium charge shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than one hundred dollars, or imprisonment for not more than thirty days in the county jail or both such fine and imprisonment in the discretion of the court. SEC. 9. The Commissioner of Insurance shall issue proper take receipts. receipts for all moneys so collected and received from employers, as aforesaid, shall take receipts for all sums paid to employes for compensation under the provisions of this act, and shall keep full and complete records of all business Deputies, etc. transacted by him in the administration of such funds. He may employ such deputies and assistants and clerical help as may be necessary, and as the Board of State Auditors may authorize, for the proper administration of said funds and the performance of the duties imposed upon him by the proCompensation. visions of this act, at such compensation as may be fixed by said Board of State Auditors, and may also remove them. The Commissioner of Insurance and such deputies and assistants shall be entitled to receive from the State their actual and necessary expenses while traveling on the business of the accident fund, but all such salaries and expenses so authorized by the provisions of this act shall, when audited and approved by the Board of State Auditors, be charged to and paid out of said accident fund. He shall include in his annual report a full and correct statement of the administration of such fund, showing its financial status and outstanding obligations, the claims contested and why, and general statistics in respect to all business transacted by him under the provisions of this act. Expenses. Annual accounting. Payments, how made. Disposition of fund in certain cases. SEC. 10. All payments on account of injuries to employes from said accident fund, shall be made only upon the certifi cate of the Commissioner of Insurance, which certificate shall be in accordance with the agreement for compensation as approved by the Industrial Accident Board; such certificate shall be filed with the Auditor General, who shall thereupon draw his warrant on the State Treasurer against said accident fund. SEC. 11. If this act shall be hereafter repealed, (or if it shall in the judgment of the Commissioner of Insurance become necessary to dissolve the accident fund,) all moneys which are in the accident fund at such time shall be subject to disposition under the direction of the circuit court for the county of Ingham, with due regard, however, to the obligation incurred and existing to pay compensation under the provisions of this act. Approved May 7, 1915. [No. 154.] AN ACT to prevent fraud and deception in the sale of milk and cream, providing standard milk bottles and for the sealing thereof. The People of the State of Michigan enact: milk bottles. contents. SECTION 1. On and after January one, nineteen hundred Capacity of sixteen, bottles used for the sale of milk and cream in this State shall be of the capacity of half gallon, three pints, one quart, one pint, ten ounce, half pint, one gill filled full to the bottom of the lip. The following variations on individual Variations bottles or jars may be allowed: Six drams above and six allowed. drams below on the half gallon; five drams above and five drams below on the three-pint; four drams above and four drams below on the quart; three drams above and three drams below on the pint; two and one-half drams above and two and one-half drams below on the ten ounce; two drams above and two drams below on the half pint; two drams above and two drams below on the gill. But the average contents of not less than twenty-five bottles Average selected at random from at least four times the number tested must not be in error by more than one-quarter of the tolerances: One and five-tenths drams above and one and five-tenths drams below on the half gallon; one and twentyfive hundredths drams above and one and twenty-five hun dredths drams below on the three pint; one dram above and one dram below on the quart; seventy-five hundredths drams above and seventy-five hundredths drams below on the pint; seventy-five hundredths drams above and seventy-five hundredths drams below on the ten ounce; five-tenths drams above and five-tenths drams below on the half pint; fivetenths drams above and five-tenths drams below on the gill. Bottles or jars used for the sale of milk shall have What to be clearly blown or otherwise permanently marked in the side of blown in the bottle, the capacity of the bottle and the word "sealed" and in the side or bottom of the bottle the name, initials or trade mark of the manufacturer and designating number, which designating number shall be different for each manufacturer and may be used in identifying the bottles. designating number shall be furnished by the State Superin- number. tendent of Weights and Measures upon application by the manufacturer, and upon filing by the manufacturer of a bond Bond. in the sum of one thousand dollars with sureties to be ap proved by the Attorney General, conditioned upon their performance of the requirements of this section. A record of the Record of bonds furnished, the designating numbers, and to whom designating furnished, shall be kept in the office of the Superintendent numbers. of Weights and Measures. bottles. The Designating bonds and |