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one of this act by any person visiting, resorting to or frequenting any of the places mentioned in this section shall be prima facie evidence of the sale, giving away, or furnishing of such liquor or beverage to such person in violation of the provisions of this act.

subpoena.

SEC. 39. Whenever complaint shall be made by any person, Justice, etc., on oath, before any justice of the peace, in any county to issue wherein the provisions of act number two hundred seven of the public acts of eighteen hundred eighty-nine, as amended, have been adopted, or other officer or magistrate having jurisdiction, that any person is found intoxicated, or has been intoxicated in any hotel, store, public building, street, alley, highway, or other public place, it shall be the duty of such justice, municipal or police court to issue a subpoena to compel the attendance of such person so found intoxicated, or who has been intoxicated, as aforesaid, to appear before the justice or court issuing the same, to testify in regard to the person or persons of whom, and the time when, and the place where, and the manner in which the liquor producing his intoxication was procured; and if such person, when sub- May compel poenaed, shall neglect or refuse to obey such writ, the said attendance. justice or court who issued the same shall have the same power and authority to compel the attendance of the person so subpoenaed and to enforce obedience to such writ as in other civil cases. Whenever the person so subpoenaed shall what to appear before the justice, municipal or police court, to testify testify. as aforesaid, he shall be required to answer, on oath, the following questions, to-wit: When, where and of whom did you procure, obtain, or receive the liquor or beverage, the drinking or using of which has contributed to the cause of the intoxication mentioned in the complaint? And if such Penalty for person shall refuse to answer fully and fairly such questions, refusal. on oath, he shall be punished and dealt with in the same manner as for a contempt of court as in other cases. If it Testimony, shall appear from the testimony of such person that any of record of. the offenses specified in this act have been committed, such justice or court, before whom such testimony is given, shall make a true record of the same and cause it to be subscribed by such witness; and the said testimony or answers, when subscribed as aforesaid, shall be deemed and taken to be sufficient complaint to authorize the issuing of a warrant to arrest any person or persons who may appear from said complaint to be guilty of having violated any of the provisions of this act. Any person arrested on a warrant issued pursuant to the provisions of this section shall be brought before the justice or court issuing the same, and all subsequent proceedings in such suit or prosecution shall be governed by the rules of law applicable thereto as in other criminal cases: Provided, That the person so testifying under the provisions Proviso. of this section shall not be held or prosecuted for the intoxication concerning which such testimony shall be given:

Further proviso.

Provided further, That nothing herein contained shall be so
construed as to prevent prosecuting persons for becoming
drunk or intoxicated when the testimony of said person is not
sought under the provisions of this section.
Approved May 19, 1909.

State

Treasurer to file report.

When

Governor to file report; with whom.

auditors, duty of.

[No. 108.]

AN ACT authorizing the Board of State Auditors to contract debts and borrow money to meet deficits in the revenue of this State.

The People of the State of Michigan enact:

SECTION 1. Whenever there shall be an insufficient amount of money in the general fund in the State treasury to meet the current expenses of the government of the State or to pay the amount of any general or special appropriation of money What to show. appropriated by the legislature, it shall be the duty of the State Treasurer to make and file with the Governor a written report which shall show in detail the exact amount of money on hand in the State treasury, the amount of money, if any, in State depositaries, and the amount on hand in the various funds. Upon receipt of such report from the State Treasurer the Governor may, if he deems it necessary and advisable for the State to contract debts or borrow money, file a copy of said report with the clerk of the Board of State Auditors and attach thereto his recommendation in regard to the action Board of state which he deems it advisable to be taken. It shall be the duty of the Board of State Auditors to meet on the Wednesday following the day when such report and recommendation is filed with its clerk, and if in its judgment it is necessary and advisable to contract debts or borrow money to meet deficits in revenue, it shall adopt such method as shall be deemed proper to borrow the amount agreed upon; and the said board is hereby authorized to borrow money and contract debts for and in behalf of the people of the State of Michigan and upon the faith and credit of this State. It shall be the duty of the said Board of State Auditors to cause said loan to be made at the lowest rate of interest that is deemed advisable; and upon the most favorable terms; and the length of time for which the loan shall be made, the manner of payment, and all other conditions in connection therewith shall be such as the said Board of State Auditors shall prescribe: Provided, however, That the total amount which may be borrowed in pursuance of this act shall not exceed the sum of two hundred fifty thousand dollars. All

Loan, how made.

Proviso, amount 'nited.

amount, etc.

money that may be borrowed in pursuance of this act shall be
paid into the general fund in the State treasury and disbursed
only on the warrant of the Auditor General for such purposes
as money in the general fund may be used. It shall be the Board to file
duty of the Board of State Auditors to file with the Auditor statement of
General and State Treasurer a statement showing the amount
of money borrowed and the purposes therefor, and it shall be
unlawful for the Auditor General to draw a warrant or for
the State Treasurer to pay out any money so borrowed for
any other purpose than that indicated in the statement of
the Board of State Auditors. For the purpose of providing To be in-
for the payment of debts contracted or loans made under corporated in
authority of this act, the Auditor General shall add to and
incorporate in the next State tax levied after any such loan
is made or debt contracted the amounts so borrowed which
shall be assessed upon the taxable property of the State and
shall be incorporated in the State tax as aforesaid. Such
amount when collected shall be retained in the State treas-
ury for the purpose of paying any such debt contracted or
loan made by the Board of State Auditors under authority
of this act.

This act is ordered to take immediate effect.
Approved May 19, 1909.

state tax.

[No. 109.]

AN ACT to amend section two of act number three hundred eighteen of the public acts of nineteen hundred seven, entitled "An act to provide for the incorporation of mutual benefit societies, membership in which is confined to members of a particular religious denomination."

The People of the State of Michigan enact:

Section

SECTION 1. Section two of act number three hundred eighteen of the public acts of nineteen hundred seven, entitled amended. "An act to provide for the incorporation of mutual benefit societies, membership in which is confined to members of a particular religious denomination," is hereby amended to read as follows:

benefit.

SEC. 2. No corporation organized under the provisions of Limit of sick section one of this act shall pay a death or funeral benefit in or funeral excess of twelve hundred dollars upon the death of any member or his wife, nor shall such corporation pay a sick benefit to any member in excess of six dollars per week, and they may insure their children from the age of five years to seventeen years inclusive, for a sum not to exceed one hundred dollars.

Approved May 19, 1909.

Raw linseed oil.

[No. 110.]

AN ACT to prevent the adulteration of linseed oil or flaxseed oil and to prevent fraud in the sale thereof and in the sale of compounds thereof, and to repeal all acts in conflict herewith.

The People of the State of Michigan enact:

SECTION 1. No person, firm or corporation, by himself, his servant or his agent, or as the servant or agent of any other person, firm or corporation, shall manufacture or mix for sale, sell, offer or expose for sale, or have in his possession with intent to sell in this State, under the name of raw linseed oil or raw flaxseed oil, any substance which is not wholly the product obtained from well cleaned flaxseed or linseed, Requirements. and unless the aforesaid oil also fulfills the requirements of the nineteen hundred edition of the Pharmacopoeia of the United States, which follow:

1. Specific gravity 0.925 to 0.935 at 25 deg. C. (77 deg. F.). It does not congeal at temperatures above -20 deg. C. (-4 deg. F.). It is soluble in about ten parts of absolute alcohol and in all proportions in ether, chloroform, petroleum, benzine, carbon disulphide and oil of turpentine. It should not more than slightly redden blue litmus paper, previously moistened with alcohol (limit of free acid). The oil should be completely saponifiable with alcoholic potassium hydroxide T. S. and the resulting soap should be completely soluble in water without leaving an oily residue, (absence of mineral oils and rosin oils). If 2 CC. of the oil be warmed and shaken in a test tube with an equal volume of glacial acetic acid, and if to this mixture, after cooling, one drop of sulphuric acid be added, a greenish color should be produced. (A violet color under these circumstances indicates the presence of rosin oils). Linseed oil saponified by alcoholic potassium hydroxide T. S. should show a saponification value of from 187 to 195. If 0.15 CC. of linseed oil be dissolved in 10 CC. of chloroform in a 250 CC. flask and 25 CC. of a mixture of equal volume of alcoholic iodine T. S. and alcoholic mercuric chloride T. S. added, and if, after standing for sixteen hours, protected from the light, 20 CC. potassium iodide T. S. be introduced and the mixture diluted with 50 CC. of water, on titrating the excess of iodine with tenth normal sodium thiosulphate V. S. an iodine value of not less than 170 should be obtained. No person, firm or corporation, by himself, his servant or his agent, or as the servant or agent of any other person, firm or corporation, shall manufacture or mix for sale, sell, offer or expose for sale or have in his possession with intent to sell in this State, any substance as boiled linseed oil or as boiled flaxseed oil, unless the same shall have been pre

drier.

pared by heating raw linseed oil, as defined above: Provided, Proviso, That if drier is used in said boiled linseed oil or boiled flaxseed oil, the same shall have been prepared by incorporating said drier with raw linseed oil, as defined above, at a temperature of not less than 225 deg. Fahrenheit, and furthermore contains not less than 96 per cent of linseed oil; and for the Boiled purpose of this act it shall also be deemed a violation thereof linseed oil. if said boiled linseed oil prepared either with or without drier does not conform to the following requirements: 1. Its Requirements. specific gravity at 60 deg. Fahrenheit must be not less than 0.935 and not greater than 0.945; 2. Its saponification value (Koettstorfer figure) must not be less than 186; 3. Its iodine number (Huebl's method) must be not less than 160; 4. Its acid value must not exceed 10; 5. The volatile matter expelled at 212 deg. Fahrenheit must not exceed one-half of one per cent; 6. No mineral oil shall be present and the amount of unsaponifiable matter as determined by standard methods shall not exceed 2.5 per cent; 7. The film left after flowing the oil over glass and allowing it to drain in a vertical or nearly vertical position must dry free from tackiness in not to exceed twenty hours, at a temperature of about 70 deg. Fahrenheit. Linseed oil or flaxseed oil which does not conform to the foregoing requirements shall be deemed to be adulterated within the meaning of this act.

can, etc.

certain

prima facie evidence.

SEC. 2. No person, firm or corporation, either by himself True name or another, shall sell, offer or expose for sale, or have in his on barrel, possession with intent to sell in this State any linseed oil or flaxseed oil, except under its true name, and unless each barrel, keg or can of such oil has plainly and durably painted, stamped, stenciled, labeled or marked thereon the true name of such oil in ordinary bold-faced capital letters, not less than five lines pica in size, together with the name and address of the manufacturer, jobber or dealer: Provided, That if Proviso, the contents of the package be less than twenty-five gallons, packages the type shall not be less than two lines pica in size. Proof Possession, that any person, firm or corporation has or had possession of any oil or compound which is adulterated or misbranded within the meaning of this act shall be prima facie evidence that the possession thereof is in violation of this act. SEC. 3. Linseed oil compounds or flaxseed oil compounds compounds. designed to take the place of raw or boiled linseed oil or raw or boiled flaxseed oil as defined in section one of this act, whether sold, offered or exposed for sale under invented proprietary names or titles or not, shall bear conspicuously upon the containing vessel, in capital letters not less than five lines pica in size, the word "Compound," followed immediately with the true distinctive names of the actual ingredients in the order of their greater Ingredients. preponderance, in the English language, in plain legible type of the same size, not less than two lines pica in size, in continuous list with no intervening matter of any kind, and shall

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