Certain preparations excepted. Prescription. Sold only upon written order to physicians, etc. Orders, etc., open to inspection. of this act as hereinafter set forth, nor shall anything in this act contained be construed to apply to preparations and remedies which do not contain more than two grains of opium, or more than one-fourth of a grain of morphine or more than one eighth of a grain of heroin, or more than one grain of codeine or any salt or derivative of any of them in one fluid ounce, or, if a solid or semi-solid preparation, in one avoirdupois ounce, or to liniments, ointments or other preparations which are prepared for external use only and which do not contain cocaine or any of its salts or alpha or beta eucaine or any of their salts produced either naturally or synthetically whenever and wherever such remedies and preparations are sold, distributed, given away, dispensed or possessed as medicines and not for the purpose of evading the intention and provisions of this act. The provisions of this act shall not apply to decocainized coca leaves or preparations made therefrom or to other preparations of coca leaves, which do not contain cocaine. SEC. 4. Any person holding an unexpired certificate as a registered pharmacist or registered druggist under the laws of this state may dispense any drug or drugs mentioned in section one of this act upon a written prescription or order of a physician, veterinarian or dentist duly qualified to practice under the laws of this state, which prescription shall be retained in the pharmacy or store in which the same was dispensed, by the proprietor thereof or his successor for a period of two years. Said prescription shall be filled but once and no copy of it shall be taken by or furnished to any person, except the same be required for the enforcement of this act. SEC. 5. Any manufacturer or jobber of any or all of the drugs mentioned in section one of this act, any wholesale druggist, any pharmacist or druggist who may lawfully practice pharmacy and dispense drugs under the laws of the state may sell any item mentioned in section one of this act to any such manufacturer, jobber, wholesale druggist, pharmacist, druggist or to any lawfully practicing physician, veterinarian or dentist, but only upon a written order duly signed by such manufacturer, jobber, wholesale druggist, pharmacist, druggist, physician, veterinarian or dentist, which order shall show the item or items ordered and the date of delivery; and which order shall be kept on file in the laboratory, warehouse, pharmacy or store from which it was filled by the proprietor thereof or his successor for a period of not less than two years from the date of delivery. SEC. 6. The prescriptions and orders required to be kept on file by this act shall be at all times open to the inspection of the prosecuting attorney and sheriff of the county, their deputies or assistants, or any constable, police officer, member of the state board of pharmacy, member of the state board of health, food and drug commissioner or inspector and inspector of pharmacies, each of whom shall be permitted to make such notes therefrom and such copies thereof as he may deem wise. physician, etc. SEC. 7. Nothing in this act contained shall be construed Dispensing by to forbid or regulate the dispensing or distribution of any of the drugs mentioned in section one of this act by or under the instructions of a lawfully practicing physician, dentist or veterinarian in the course of his professional practice, and not for the purpose of evading the provisions of this act. penalty. SEC. 8. Any person who shall make any false pretense for False the purpose of purchasing or obtaining any of the drugs pretense, mentioned in section one of this act when it would be unlawful to sell, give away, or dispense the same to him, shall be liable. to the penalties of this act, whether he succeed in purchasing or obtaining same or not. rant, when may issue. SEC. 9. If any person makes a sworn complaint or Search waraffidavit before any magistrate authorized to issue warrants in criminal cases that any drugs, derivatives, compounds or preparations mentioned in section one of this act are being possessed, sold, dispensed, distributed or given away or kept for the purpose of being possessed, sold, dispensed, distributed or given away, contrary to law, or that such drugs, derivatives, compounds or preparations are stored or concealed temporarily or otherwise in any depot, freight house, express office or in any other building or place or in any vehicle or conveyance with the apparent intention of being delivered for the purpose of being possessed, sold, dispensed, distributed or given away, contrary to the provisions of this act or that the complainant or affiant believes and has good cause to believe that such drugs, derivatives, compounds or preparations are concealed in any barn, building, place, vehicle or conveyance, such magistrate, if he be satisfied there is reasonable cause for such belief, shall immediately issue his warrant to any officer whom the complainant may designate having power to serve criminal process, commanding him to search the premises described and designated in such complaint and warrant and if any drugs, derivatives, compounds or preparations are there found to seize the same, together with bottles, cases, vessels or packages in which they are contained and all the implements, furniture, vehicles and conveyances used and kept for such illegal possessing, storing, selling, dispensing, distributing or giving away of such drugs, derivatives, compounds or preparations and them safely keep and make immediate return on said warrant. Such drugs and other articles seized, unless the same be Held as owned by innocent third parties, shall be held subject to the evidence. order of such court or magistrate to be used as evidence in the prosecution for the violation of this act. SEC. 10. Any person who shall violate the provisions of Penalty. this act shall be guilty of a felony and upon conviction before any court of competent jurisdiction shall be sentenced to pay a fine not exceeding one thousand dollars or to undergo Act repealed. imprisonment for a period not exceeding two years or the court may, in its discretion, impose a penalty of both such fine and imprisonment within the limits aforesaid. SEC. 11. Act number one hundred seventeen of the public acts of the state of Michigan for the year nineteen hundred fifteen, as amended, and all other acts or parts of acts contravening or conflicting with the provisions of this act or any part thereof are hereby repealed. This act is ordered to take immediate effect. Section amended. Data and information furnished. [No. 93.] AN ACT to amend section four of act number one hundred six of the public acts of nineteen hundred nine, entitled, as amended, "An act to regulate the transmission of electricity through the public highways, streets and places of this state, where the source of supply and place of use are in the same or different counties; to regulate the charges to be made for electricity so transmitted; to regulate the rules and conditions of service under which said electricity shall be furnished and to confer upon the Michigan public utilities commission certain powers and duties in regard thereto," being section four thousand eight hundred fortyfive of the compiled laws of nineteen hundred fifteen, as amended by act number two hundred seventy-four of the public acts of nineteen hundred twenty-one. The People of the State of Michigan enact: SECTION 1. Section four of act number one hundred six of the public acts of nineteen hundred nine, entitled, as amended, "An act to regulate the transmission of electricity through the public highways, streets and places of this state, where the source of supply and place of use are in the same or different counties; to regulate the charges to be made for electricity so transmitted; to regulate the rules and conditions of service under which said electricity shall be furnished and to confer upon the Michigan public utilities commisson certain powers and duties in regard thereto," being section four thousand eight hundred forty-five of the compiled laws of nineteen hundred fifteen, as amended by act number two hundred seventy-four of the public acts of nineteen hundred twenty-one, is hereby amended to read as follows: SEC. 4. Every person, firm or corporation erecting any lines for the transmission of electricity in or through the highways, streets or public places of one or more counties of this state shall, from time to time, as and when required to do so by the commission, prepare and file with the commission such data and information as shall be required relative to the method and manner of the construction of such lines, the franchise or consent under which said lines were constructed or are being maintained, and such other information as the commission may reasonably require. The commission may Detailed require the filing with it of detailed specifications covering specifications. the type of construction of such lines. Such specifications shall show the details of construction of lines of various voltages; and after such specifications have been approved by the commission, all lines built by such person, firm or corporation must be constructed according thereto. The height of Height. such lines at all highway crossings shall be not less than twenty-two feet; and at railroad crossings shall be in accordance with the regulations of the commission made under authority of law. The commission shall have the right to Poles require all poles used in the transmission of electricity as stenciled. aforesaid, to be stenciled or otherwise marked with the name of the owner thereof. Approved April 26, 1923. [No. 94.] AN ACT to authorize the Michigan public utilities commis sion to grant rehearings and to alter, modify or amend its findings and orders. The People of the State of Michigan enact: rehearings. SECTION 1. The Michigan public utilities commission, in May grant any proceeding which may now be pending before it or which shall hereafter be brought before it, shall have full power and authority to grant rehearings and to alter, amend or modify its findings and orders. allowed to SEC. 2. The time allowed by law for the bringing of suit Suit to review to review any order of the commission, shall continue after order, time the order denying a rehearing or made upon a rehearing, bring. for the same number of days now provided by law for review of the order upon which such rehearing was denied or had. Approved April 26, 1923. Section amended. License, application, fee, etc. When may suspend, etc. Hearing. Where held. [No. 95.] AN ACT to amend section six of act number seventy, public The People of the State of Michigan enact: SECTION 1. Section six of act number seventy, public acts SEC. 6. Each person, firm or corporation engaged in the ! 8 |