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Corporate powers, etc.

of said corporation or association. The corporation whose
term of existence is so extended shall be a corporation to all
intents and purposes, having all the powers and being subject
to all the restrictions of corporations originally organized
under said act number eighty-seven or under said act as
amended, and the same shall succeed to, own and hold all the
property or rights of action held, owned or had by the cor-
poration or association, whose term of existence is so ex-
tended, prior to the extension of its existence, and shall be
liable for all its debts, liabilities and obligations.
Approved May 6, 1909.

Established drains,

improvement

of.

Petition of freeholders.

[No. 69.]

AN ACT to provide for the construction and maintenance of dams in drains and the better maintenance of drainage work by embanking, pumping or other mechanical operation, and the assessment and collection of taxes therefor.

The People of the State of Michigan enact:

SECTION 1. Established drains may be improved for the benefit of those whose lands were improved by the original construction of such drains, by the construction and maintenance of dams in drains and the removal of the drainage by the use of pumps and other mechanical operation.

SEC. 2. When it appears, upon the written petition of not less than ten freeholders of the township or townships in which such drains or lands drained thereby or to be improved thereby and to be assessed therefor may be situated, also by not less than one-half of the freeholders whose lands are traversed by such drain, that such improvement is desired to be made by damming such drain and pumping the drainage from said drain or water course, and that such improvement is necessary to properly drain said lands and to protect What to state. the lands through which said drain runs, said petition stating where it is desired to construct said dam and how the drainage is to be removed and where it is to be emptied, the county drain commissioner shall, as soon as practicable after receipt of such petition, proceed to examine said drain and pass upon the necessity of such improvement and whether such improvement is practicable and conducive to the public health, convenience or welfare, or an improvement or necessity to preserve the adjoining lands thereto.

Examination of drain.

Order of determination,

SEC. 3. If such drain commissioner determine such imwhat to state. provement, as set forth in the petition, to be practicable and a necessity to properly drain such lands, to be conducive to

missioner may

the public health, convenience or welfare, or a necessity to preserve or protect the adjoining land thereto, he shall within sixty days make an order of determination in writing, thereby stating where such dam is to be constructed and to designate its dimensions and to designate the method by which the drainage is to be carried away and where it is to be emptied. SEC. 4. If at any time after the county drain commissioner when comhas issued his first order of determination declaring such let contract. improvement to be necessary, and before the letting of any contract for constructing the same, all of the owners of the land through which or for the benefit of which such drain is located shall by themselves, their agents or attorneys pay to the county drain commissioner all the costs and expenses thus far incurred by him, and shall severally or jointly enter into a contract, with good and sufficient sureties and in such sum as the county drain commissioner may require, to construct such improvements on such drain and pay all expenses necessary to be incurred in the construction of the same, then the county drain commissioner may contract with such owner or owners, and such improvements when accepted Acceptance shall be certified by the county drain commissioner as a drain of improveconstructed in pursuance of the provisions of this act, and shall be recorded in the same manner as other drains. such contract is not fulfilled in the time limited therein, the ment of county drain commissioner shall contract with other parties for the completion of the work and the parties so in default and their sureties shall be liable for all costs and expenses attending such default.

ment.

If Non-fulfill

contract.

SEC. 5. All work done under the provisions of this act Work, shall be under the supervision of the county drain commis- supervision of.

sioner.

provisions

SEC. 6. All the provisions of act number two hundred Certain fifty-four of the public acts of eighteen hundred ninety-seven, applicable. and the acts amendatory thereof and supplementary thereto relative to proceedings after the filing of petition for the determination of the necessity, institution of condemnation proceedings and proceedings had thereon and the construction and maintenance of the improvements mentioned in such petition, and the assessment and review and levy and collection of taxes and all other provisions of said act not inconsistent with the provisions of this act shall be applicable in the construction and maintenance of dams and the better maintenance of such drainage work by embanking, pumping or other mechanical operation or other work under the provisions of this act.

Approved May 6, 1909.

Ice cream,

lawful constituents.

Sale of adulterated, unlawful.

Adulteration defined.

Proviso.

Flavoring.

Imitation.

Vegetable gums.

Milk fat,
per cent of.

False labeling.

License and

fee.

[No. 70.]

AN ACT to regulate the manufacture and sale of ice cream within the limits of the State of Michigan.

The People of the State of Michigan enact:

manu

SECTION 1. No person, firm or corporation shall facture for sale, keep for sale, sell, barter, exchange or deal in ice cream which shall contain any substance other than milk, cream, eggs, sugar, and some neutral flavoring gelatin or vegetable gums or which contain other than the required amount of milk fat as hereinafter provided.

SEC. 2. No person, firm or corporation shall manufacture for sale, keep for sale, sell, barter, or deal in ice cream adulterated within the meaning of this act.

SEC. 3. Ice cream shall be deemed to be adulterated within the meaning of this act:

First, If it shall contain boric acid, formaldehyde, saccharin, or any other added substance or compound that is deleterious to health;

Second, If it shall contain salts of copper, iron oxide, ocres or any coloring substance deleterious to health: Provided, That this paragraph shall not be construed to prohibit the use of harmless coloring matter in ice cream when not used for fraudulent purposes;

Third, If it shall contain any deleterious flavoring matter, or flavoring matter not true to name;

Fourth, If it be an imitation of, or offered for sale under the name of another article.

Nothing in this act shall be construed to prohibit the use of not to exceed one-half of one per centum of pure gelatin, gum tragacanth or other vegetable gums.

SEC. 4. No ice cream shall be sold within the State containing less than twelve per centum milk fat, except where fruit or nuts are used for the purpose of flavoring when it shall not contain less than ten per centum milk fat.

SEC. 5. It shall not be lawful for any person, firm or corporation to sell, offer for sale, expose for sale, or have in possession with intent to sell, any ice cream in any container which is falsely labeled or branded as to the name of the manufacturer thereof or to misrepresent in any way the place of manufacture of ice cream or the manufacturer thereof.

SEC. 6. Each person, firm or corporation engaged in the manufacture of ice cream as a business within this State, after this act shall take effect, shall file with the Dairy and Food Commissioner an application for a license accompanied with a fee of five dollars, and upon receipt of such application the Dairy and Food Commissioner shall issue to the person,

firm or corporation making such application a license to manufacture ice cream, as provided in this act, which license shall run for one year from the date of the application, and shall be renewed annually thereafter. The money so collected Money, where paid. by the Dairy and Food Commissioner 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: Provided, That this Proviso. section shall not apply except in cities of more than three thousand inhabitants, by the last United States census, to any person, firm or corporation manufacturing and selling ice cream by the dish direct to the consumer.

violation.

SEC. 7. Any person, firm or corporation who shall violate Penalty for any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court.

of act.

SEC. 8. The Dairy and Food Commissioner shall be charged Enforcement with the enforcement of the provisions of this act. This act is ordered to take immediate effect. Approved May 6, 1909.

[No. 71.]

AN ACT to provide for the examination, regulation, licensing and registration of optometrists practicing optometry, and for the punishment of offenders against this act.

The People of the State of Michigan enact:

examiners,

of.

SECTION 1. The Governor shall appoint, on or before No- Board of vember first, nineteen hundred nine, five electors of the State appointment who shall constitute a board of examiners in optometry. All persons so appointed shall have been actively engaged in the practice of optometry in harmony with sections seven and eight of this act for at least five years preceding the time of such appointment. The Michigan society of optometrists Qualified under its seal and under oath of its president and secretary, shall furnish to the Governor the names of at least treble the number of qualified examiners to be appointed, and thereafter similar lists for each vacancy or new appointment, and the Governor shall select the appointees to such board from

applicants.

the names thus furnished. The persons so appointed shall Term of office. hold office respectively, two for six years, two for four years and one for two years, beginning with the first day of No

Vacancies.

Persons not eligible.

Meetings of board.

Bond of treasurer.

vember, nineteen hundred nine, and thereafter the Governor shall appoint, before the first day of November of each biennial period, such number of persons as there are terms expiring qualified as aforesaid to hold the office, for six years from the first day of November next ensuing. The Governor shall also fill vacancies occasioned by death or otherwise, and may remove any member for the continued neglect of the duties required by this act. Vacancies in said board shall be filled in accordance with the provisions of this act for the appointment of the original board, and any person ap pointed to fill a vacancy shall hold office during the unexpired term of the member whose place he fills. No member of any optical school or college or an instructor in optometry or connected in any way therewith, nor any person connected with any manufacturing, wholesale or jobbing house of optical supplies or instruments used by optometrists shall be eligible to an appointment upon said board. The business of said board shall be transacted by and receive the concurrent vote of at least three members.

SEC. 2. The members of said board shall meet at least twice a year and at such other times as shall be deemed necesOrganization. sary, and at such place or places as may be selected. At the first meeting the board shall organize by selecting one of its members as president and one as secretary and treasurer, each of whom shall hold his respective office for two years and shall have the power to administer oaths concerning any matter within the jurisdiction of said board. said treasurer shall give his bond to the people of the State of Michigan, with two or more sureties, to be approved by the other members of said board and the Governor in the penal sum of one thousand dollars, or in such larger sum as said board or the Governor may require, conditioned for the faithful discharge of the duties required of him by law, and to account for and pay over as required by law, all moneys received by him as such treasurer.

Application for registration.

Conditions of registration.

Length of practice.

SEC. 3. After January first, nineteen hundred ten, all men and women engaged in the practice of optometry or who wish to begin the practice of the same in this State, shall make application to said board to be registered and for a certificate of said registration. Such registration and certificate shall be granted to such applicants, but only upon compliance with at least one of the following conditions contained in subdivisions one, two and three of this section:

(1) The applicant shall be registered and given a certificate of registration if he shall present sufficient proof on or before May first, nineteen hundred ten, of being twentyone years of age, of good moral character and of having been continuously engaged in the practice of optometry in this State for at least two years prior to the passage of this act. The fee for registering such applicant shall be five dollars;

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