number of days as said board shall determine, which charge must be paid before delivery of the certificate in section one of this act. plants, etc., SEC. 4. Whenever any trees, shrubs, plants or vines are Packages of shipped into this State from any other state, country or how marked. province, every package thereof shall be plainly labeled on the outside with the name of the consignor, the name of the consignee, the contents, and a certificate showing that the contents have been inspected by a state or government officer [and that the trees, shrubs, vines or plants commonly known as nursery stock, therein contained, have been fumigated with hydrocyanic gas, of the strength commonly used for such purpose, for not less than thirty minutes]. When- In case packever any trees, shrubs, vines or plants are shipped into properly this State without such certificate plainly fixed on the out- marked. side of the package, box or car containing the same, the fact must be reported within twenty-four hours to the State Board of Agriculture by the railway, express or steamboat company, or by any other person or persons carrying the same; and any agent of any railway, steamboat or express company, or any other person or persons who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five nor more than one hundred dollars, or imprisonment in the county jail not less than five nor more than thirty days, or may be so fined and imprisoned in the discretion of the court. owners to license. SEC. 5. Any person or persons growing or offering for Nursery sale in this State any trees, vines, shrubs or plants com- apply for monly known as nursery stock, shall, on or before the first day of August in each year, apply to the State Board of Agriculture, for inspection of said stock under the provisions of this act and a license for its sale, and shall deposit with said board a fee of five dollars as a license fee for himself as principal. Such license shall be good for one year and shall To give bonds not be transferable, and each of such persons, principals, shall execute to the State Board of Agriculture, a bond in the sum of one thousand dollars, with good and sufficient sureties satisfactory to said board, conditioned that he will comply with all the provisions of this act, and that upon demand he will file with the State Board of Agriculture, a list of persons to whom he has sold or delivered any such nursery stock, giving the species, together with the postoffice address of each purchaser, which list shall be held in strict confidence by the said State Board of Agriculture, and not be subject to inspection by the public. Failure on the Liability for part of any nurseryman, grower, agent or dealer to comply with the provisions of this section shall render him or them liable to the penalties of a fine of not more than one hundred nor less than twenty-five dollars, or imprisonment in the county jail for not more than ninety nor less than thirty days, or both such fine and imprisonment in the dis failure. Proviso. When yellows commissioners state in spector. cretion of the court: Provided, That the provisions of this section shall not apply to persons engaged in fruit growing who are not nurserymen who desire to sell or exchange surplus small fruit plants of their own growing. SEC. 8. Whenever the commissioners under acts nummay apply to ber one hundred eight and one hundred nine, session laws of eighteen hundred ninety-five, known as yellows commissioners, shall be uncertain as to the existence or nature of any infectious or contagious disease or dangerous insect pests in an orchard or elsewhere, or in case any dispute shall arise between owners and commissioners, it shall be the duty of said commissioners to notify the State Inspector of Orchards and Nurseries, who shall at once investigate or inquire into the matter and suggest or recommend the proper remedies, and give all the information he can to aid in exterminating such insects or diseases, and his decision of the case and recommendations shall be final. Expenses. how audited. Proviso. SEC. 11. All expenses incurred under the provisions of this act shall be audited by the State Board of Agriculture and paid out of the general fund of the State and the Auditor General shall draw his warrant for the same: Provided, That all moneys collected by the State Board of Agriculture, under this act, shall be paid into the general fund of the State treasury. This act is ordered to take immediate effect. Section amended. [No. 207.] AN ACT to amend section twenty-six of chapter seventy-eight of the Revised Statutes of eighteen hundred forty-six, entitled "Of the sale of lands of minors and other persons under guardianship, and securing the proceeds for their use," as added by act one hundred twenty-eight of the public acts of eighteen hundred ninety-five, and by act two hundred thirty-six of the public acts of eighteen hundred ninetynine, being section nine thousand one hundred sixty-six of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section twenty-six of chapter seventy-eight of the Revised Statutes of eighteen hundred forty-six, entitled "Of the sale of lands of minors and other persons under guardianship, and securing the proceeds for their use," as added by act one hundred twenty-eight of the public acts of eighteen hundred ninety-five, and by act two hundred thirtysix of the public acts of eighteen hundred ninety-nine, being section nine thousand one hundred sixty-six of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: estate. SEC. 26. In case where license to sell real estate is applied When probate judge may for and it shall appear from the petition and from the testi- grant license mony of two or more credible and disinterested freeholders, to sell real under oath in writing, administered by (the judge of probate having the estate in charge or the judge of probate of the county in which the land is situated), that the interest of the estate in said real estate does not exceed in value the sum of one thousand dollars, the judge of probate may, in his discretion, after due notice to all persons interested, as required by this chapter, grant a license to the guardian to dispose of said real estate at private sale, at the highest price obtainable, not less than the value thereof, as determined by said judge of probate, which sale shall be confirmed and approved by the probate judge before any deed passing the title to said real estate so sold at private sale shall be valid and effectual: Provided, Proviso. That said freeholders shall be well known to the judge taking such testimony to be credible witnesses and when taken by a judge not having the estate in charge shall be paid for and transmitted the same as depositions in other courts and in either case such testimony shall be filed and kept with other papers relating to the sale of said real estate: And provided Further further, That the provisions of this chapter relating to the oath and bond of the guardian before a sale shall be applic able to sales under the provisions of this section, and all other provisions of this chapter, except where plainly inapplicable, shall be applicable to sales under this section. Approved June 16, 1903. proviso. [No. 208.] AN ACT in relation to the manufacture and sale of buck wheat flour. The People of the State of Michigan enact: how labeled. SECTION 1. Within this state no person shall manufac- Compounds, ture, offer or expose for sale, keep in possession with intent to sell, or sell any ground buckwheat containing any product of wheat, corn, rice or other foreign substance, unless each and every package thereof be distinctly and legibly branded or labeled "Buckwheat Flour Compound" in letters not less than one-half inch in length and be followed with the name of the maker and factory and the location of such factory. SEC. 2. Any brand or label herein required shall be an To be distininseparable part of the general or distinguishing label, and guishing label. such label shall be that principal and conspicuous sign under which it is sold, and any other label or printed matter upon What deemed intent to sell. What deemed sale. Penalty for violation. Act repealed. the package shall not be in contravention of the requirements of this act. SEC. 3. The having in possession of any buckwheat flour compound, which is not branded or labeled as hereinbefore required and directed upon the part of any person engaged in the public or private sale of such article, shall, for the purpose of this act, be deemed prima facie evidence of intent to sell the same. SEC. 4. The taking of orders or the making of agreements or contract by any person, firm or corporation or by any agent or representative thereof, for the future delivery of buckwheat flour compound shall be deemed a sale within the meaning of this act. SEC. 5. Whoever shall do any of the acts or things prohibited, or neglect or refuse to do any of the acts or things enjoined by this act, or in any way violate any of the provisions, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for a period of not less than thirty nor more than ninety days or by both such fine and imprisonment in the discretion of the court. SEC. 6. Act number eighty-four of the public acts of eighteen hundred ninety-seven, entitled "An act to prohibit and prevent adulteration, fraud and deception in the manufacture and sale of buckwheat flour," being sections four thousand nine hundred ninety-four to five thousand two, both inclusive, of the Compiled Laws of one thousand eight hundred ninetyseven is hereby repealed. Approved June 16, 1903. Act amended [No. 209.] AN ACT to amend act number twelve of the public acts of eighteen hundred sixty-nine, entitled "An act to authorize and encourage the formation of corporations to establish rural cemeteries and provide for the care and maintenance thereof," as amended by acts numbers two hundred eighteen and two hundred nineteen of the public acts of eighteen hundred seventy-five, by adding one new section thereto to stand as section fifteen, authorizing such corporations to create endowment funds and to receive money from lot owners for the purpose of perpetually caring for the lots and property of such corporations. The People of the State of Michigan enact: SECTION 1. Act number twelve of the public acts of eighteen hundred sixty-nine, entitled "An act to authorize and encourage the formation of corporations to establish rural cemeteries and provide for the care and maintenance thereof," approved February nineteen, eighteen hundred sixty-nine, as amended by acts two hundred eighteen and two hundred nineteen of the public acts of eighteen hundred seventy-five, approved May three, eighteen hundred seventyfive, be and the same is hereby amended by adding one new section thereto, to stand as section fifteen. grants, SEC. 15. All corporations established under the provi- How to hold sions of this act may receive and hold any grant, donation bequests, etc. or bequest made to them for the purpose of perpetually caring for and maintaining the lots of said donors, and may apply the income thereof under the direction of the trustees for the improvement, embellishment and care of the ground, and the different lots, tombs and monuments. Such funds so received by grant, donation or bequest shall be kept in a separate fund and shall constitute a perpetual care or repair fund, the income of which shall be devoted to the perpetual keeping of the lots, monuments, markers and tombs of the donors in order. Such funds shall be held in trust and the principal shall not be encroached upon or the income be used for any purpose except that to which it is devoted. Any and all funds received by grant, donation or bequest by any corporation or association formed under the provisions of this act shall be invested by the board of managers or trustees in government, state or municipal bonds, or real estate mortgages, and all said investments must be made in the name of the association or corporation and only by a majority vote of all of the members elect of the board of managers or trustees. From this fund so created there shall be drawn annually and credited to each donor, such an amount of the total income as the amount donated by the donor bears to the income of the entire amount contributed for the purposes of this section. The treasurer of every asso- Treasurer to ciation or corporation formed under the provisions of this act, shall furnish annually to the board of directors a bond in double the amount of all moneys received under the provisions of this section, which bond shall provide for the safe keeping of all money, bonds, mortgages or securities, the that said treasurer shall render an account anually of all moneys received by him under the provisions hereof and pay and deliver all moneys, bonds and securities to his successor in office, said bond to be approved by a majority vote of and members elect of the board of directors. Approved June 16, 1903. give bonds. |