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any requirements for marking packages containing potatoes which may hereafter be established by the authority of the congress of the United States, and which are mandatory or optional as applying to interstate commerce, shall, or may, as far as applicable, be established and promulgated by the commissioner of agriculture as official grades, standards, classes and marks for potatoes packed or offered for sale in the state of Michigan.

Approved April 23, 1925.

[No. 77.]

AN ACT to amend section six of act number two of the public acts of nineteen hundred twenty-five, entitled "An act to prescribe a privilege tax for the use of the public highways by owners or drivers of motor vehicles by imposing a specific tax upon the sale or use, within the state of Michigan, of gasoline as defined herein; prescribing the manner and the time of paying and collecting such tax and the duties of officials and other persons respecting such payment and collection; providing for the registration of dealers as defined herein; providing for certain exemptions and refunds, and for the disposition of the proceeds of such tax; and prescribing penalties for violation of this act", approved January twenty-nine, nineteen hundred twenty-five.

The People of the State of Michigan enact:

SECTION 1. Section six of act number two of the public Section acts of nineteen hundred twenty-five, entitled "An act to pre- amended. scribe a privilege tax for the use of the public highways by owners or drivers of motor vehicles by imposing a specific tax upon the sale or use, within the state of Michigan, of gasoline as defined herein; prescribing the manner and the time of paying and collecting such tax and the duties of officials and other persons respecting such payment and collection; providing for the registration of dealers as defined herein; providing for certain exemptions and refunds, and for the disposition of the proceeds of such tax; and prescribing penalties for violation of this act", approved January twenty-nine, nineteen hundred twenty-five, is hereby amended to read as follows:

SEC. 6. (a) The secretary of state or his duly authorized May examine agent is hereby authorized. to examine the books and papers books, etc. of any retail dealer, importer, wholesale dealer or distributor pertaining to the business made taxable by this act, to verify the accuracy of any statement or return, and shall have power to administer oaths and take the testimony of any person and for such purpose shall be authorized to issue subpoenas to compel the attendance of such witnesses.

Separate record of shipments.

Information

(b) Every common carrier doing business within this state shall keep in the office of its auditor, or in some other office to be designated by said common carrier, a separate record of its shipments of gasoline, showing the quantity of gasoline, the name of the consignee, the destination of the shipment and the date of delivery of each shipment, which said record shall be subject to inspection by the secretary of state or his duly authorized agent, during the business hours of said common carrier. Such record shall constitute prima facie evidence of the facts therein stated and be admissible as evidence in any court in this state.

(c) Any information acquired by the secretary of state or confidential. such agent, under paragraphs a and b of this section, shall be confidential and any person divulging such information except to said secretary of state or under legal process, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be liable to a fine of not exceeding one thousand dollars or imprisonment in the county jail for a term not to exceed sixty days or both such fine and imprisonment in the discretion of the court.

This act is ordered to take immediate effect.
Approved April 23, 1925.

Unlawful to sell, etc.

Adulterated butter.

Adulterated cream.

Penalty.

[No. 78.]

AN ACT to prohibit and prevent adulteration, fraud and deception in the manufacture and sale of butter and cream, and to prescribe a penalty.

The People of the State of Michigan enact:

SECTION 1. No person, firm or corporation by themselves or their agents or servants shall, within this state, have in his or their possession with intent to sell, or offer or expose for sale, or sell as butter or as cream, any product which is adulterated within the meaning of this act.

SEC. 2. Butter shall be deemed to be adulterated within the meaning of this act:

1.

milk.

If the fat content is not exclusively derived from cow's

2. If it contains less than eighty per cent of milk fat. 3. If it contains to exceed sixteen per cent moisture. SEC. 3. Cream shall be deemed to be adulterated within the meaning of this act if it contains less than eighteen per cent of milk fat or is not that portion of milk, rich in milk fat, which rises to the surface of milk on standing, or is separated from it by centrifugal force, or is not clean.

SEC. 4. Whoever shall do any of the acts or things prohibited, or wilfully neglect or refuse to do any of the acts or things enjoined by this act, or in any way violate any of its

provisions, shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for a period of not more than ninety days, or by both such fine and imprisonment, in the discretion of the court.

SEC. 5. Act number one hundred eighty-two, public acts of Act nineteen hundred thirteen, being sections six thousand four repealed. hundred twelve to six thousand four hundred fourteen, inclusive, of the compiled laws of nineteen hundred fifteen, is hereby repealed.

Approved April 23, 1925.

[No. 79.]

AN ACT to regulate the use of fruit and vegetable containers. or parts thereof which bear upon them any copyrighted or registered label, brand, stamp or trade-mark, or the use of a copyrighted or registered tag or card which is the property of, or is under the legal control of, another person.

The People of the State of Michigan enact:

of certain

SECTION 1. Any person or persons using any fruit or veg- Unlawful use etable container, or part thereof, upon which is borne any containers, copyrighted or registered label, brand, stamp or trade-mark, etc. or using a copyrighted or registered bag, tag or card without first obtaining permission to do so from the person, corporation, association, society or persons having legal control of the copyrighted or registered label, brand, stamp, trade-mark, tag, bag or card, shall be deemed guilty of a misdemeanor: Provided, That nothing in this act shall prohibit the use of Proviso. the container or part thereof herein mentioned in the sale of a commodity other than that described on the label, brand, stamp, tag or card attached thereto or appearing thereon.

SEC. 2. Any person or persons adjudged guilty in a court of Penalty. competent jurisdiction for violating the provisions of this act shall be punished by a fine of not less than twenty-five nor more than one hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court.

Approved April 23, 1925.

"Pine Lake Wild Life Sanctuary."

Unlawful to hunt, etc., upon.

Permit.

[No. 80.]

AN ACT to create a district or refuge in Ingham county to be known as "Pine Lake Wild Life Sanctuary" in which it shall be unlawful to kill, catch, or destroy any wild game animals, wild game or song birds, their offspring or eggs, and to protect fish in any breeding ponds that may be constructed for that purpose and to provide a penalty for the violation thereof.

The People of the State of Michigan enact:

SECTION 1. The territory situated in the county of Ingham, described as follows, to-wit: Commencing at a point on the line between the counties of Clinton and Ingham where the north and south quarter line of section three in township four north, range one west, intersects said county line; thence running east on said county line to a point where the north and south eighth line in the northeast quarter of section two, township four north, range one east, intersects the county line; thence running south along said eighth line to a point where said line intersects the right-of-way of the Michigan United Railway; thence running southwesterly along said right-ofway to a point where the right-of-way intersects the road or street running east and west through the village of Haslett; thence running west along said street to where it intersects a portion of a certain improved gravel road; thence running north along said highway and the east side of what is shown on the plat of the village of Haslett as the farm of Charles Benson, and continuing along said road until it intersects the north and south quarter line of section three as aforesaid; thence running north along the road and the said quarter line to the place of beginning, shall be and constitute a refuge for wild game animals and game birds known as "Pine Lake Wild Life Sanctuary".

SEC. 2. It shall be unlawful for any person to hunt, trap, capture, kill or otherwise destroy any wild game. animals, wild game or song birds, their young offspring or eggs in the district herein before described, or to molest the homes, nests or houses of such wild game animals or wild game or song birds. A permit may be granted by the conservation commission to a person or persons to hunt carnivorous birds and animals on said premises. Nothing herein contained shall be construed to prohibit any person from keeping the animals or birds herein mentioned in captivity under a permit granted therefor by any law now in force or which may be hereinafter Supervision. enacted. The state department of conservation is specifically charged with the supervision of the refuge hereby created and with the enforcement of the provisions of this act. It shall be prima facie evidence of hunting on said refuge for any person other than an officer charged with enforcing the provisions of this act to be found thereon with a loaded gun outside of his home or buildings owned or occupied by him.

ful to take.

SEC. 3. It shall also be unlawful for any person to inter- Fish, unlawfere with or destroy or take away in any manner any of the fish that are being reared in any of the ponds in said territory. SEC. 4. The refuge herein established shall be posted in Posting of. the manner following: A notice shall be posted on each corner of said refuge, stating which corner it is. Notices shall also be posted at reasonable distances along the boundary line of said refuge. The notices shall also state that all persons are prohibited from hunting thereon.

violation.

SEC. 5. Any person violating any of the provisions of this Penalty for act shall be deemed guilty of a misdemeanor and shall upon conviction thereof be subject to a fine of not less than twentyfive dollars nor more than one hundred dollars or imprisonment in the county jail for a period of not more than ninety days or by both such fine and imprisonment in the discretion of the court.

Approved April 23, 1925.

[No. 81.]

AN ACT to provide for the making and maintenance of certain public improvements by two adjoining municipalities and for the assessment of the cost thereof.

The People of the State of Michigan enact:

provements.

SECTION 1. Any two adjoining cities or villages, or an ad- Inter-municijoining city and village, may, by a three-fifths vote of their pality imseveral legislative bodies, unite in making and maintaining any public improvement located on or near the boundary line between such municipalities and located either entirely within one or partly within each of such municipalities, and may agree upon the method and manner of making and maintaining such improvement, the division of the cost thereof, and all other matters connected therewith. In no case, however, shall any municipality pay a greater proportion of the cost of any such improvement than its legislative body shall by a three-fifths vote determine such municipality is benefited thereby. Such municipalities shall have authority in their May joint names to condemn property necessary for any such im- condemn provement and for such purpose may bring proceedings under act number one hundred forty-nine of the public acts of this state of nineteen hundred eleven or under any other general law of this state in relation to the condemnation of property for public purposes. If the property to be taken is located entirely within one such municipality, condemnation proceedings may be taken jointly or by the municipality in which such property is located.

property.

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