etc.

from and after the date of the writing of said examination paper and shall be subject to public inspection. During the period of six months if any unsuccessful applicant so desires, he or she may upon the deposit of fifty dollars with said Board of Dental Examiners, have the privilege of having his or her examination paper re-read by said Board of Dental Examiners in presence of his or her representative and if, upon re-reading, said applicant's paper shall be determined by said board of examiners to be of sufficient percentage to entitle such applicant to the license to practice in this State, then said Board of Dental Examiners shall refund said unsuccessful applicant the sum of fifty dollars deposited with said Board of Dental Examiners for the purpose of securing a re-reading of said applicant's paper. All persons of good Registration, moral character, who shall successfully pass such examination, shall be licensed and registered by said dental board, and shall receive a certificate of such license and registration duly authenticated by the signatures of the members of the board, and with the seal of said board attached; and in no case shall said examination fee be refunded, but said dental board may, for sufficient cause, remit said fee for subsequent re-examination. Every registered dentist shall Annual on or before the first day of May of each year, except the one in which he is registered, pay to the secretary of the Board of Dental Examiners, a license fee of one dollar. The year for which a fee shall be paid, shall begin on October first, following the May when it becomes due, and end the succeeding September thirtieth. In case any person defaults in paying said fee, his license may be revoked by the Board of Dental Examiners, on thirty days' notice in writing from the secretary, unless within said time said fee is paid. Upon the payment of said fee, the board shall reinstate the delinquent licensee. On or before the first day of July each year, the secretary of the board shall send to the county clerk of each county in the State, a certified list of all practicing dentists therein, who have paid said fee, and the clerk shall enter or paste the same in the register of said dentists.

license fee.

dentist.

SEC. 7. Any person shall be said to be practicing dentistry who deemed within the meaning of this act, who shall use the word or practicing letters "Dentist," "D. D. S." or any other letters or title in connection with his name, which in any way represents him as engaged in the practice of dentistry, or who shall advertise or permit it to be done by sign, card, circular, handbill, newspaper, or otherwise, that he can or will attempt to perform dental operations of any kind, treat disease or lesions of the human teeth or jaws, or replace lost teeth by artificial ones, or attempt to correct malposition thereof, or who shall for a fee, salary, or other reward paid or to be paid, either to himself or to another person, perform dental operations of any kind, treat diseases or lesions of the human teeth or jaws or replace lost teeth by artificial ones, or attempt to correct malposition thereof. But nothing con

Physician, extraction of teeth by.

Proviso.

Unlawful advertising by physician.

tained in this act shall be taken as applying to the acts of bona fide students of dentistry done in the college building, in the pursuit of clinical advantages while in attendance upon regular course of study in a reputable dental college. Any licensed dentist owning, running, operating or controlling any room or rooms, office or dental parlors, where dental work is done, provided or contracted, who shall employ, keep or retain any unlicensed dentist or student as an operator, shall be guilty of a misdemeanor and punished as provided in section nine of this act.

It shall be unlawful for any legally qualified physician or surgeon, not registered and licensed under the provisions of this act, to extract teeth, except in cases where the person or persons whose teeth or tooth is or are to be extracted, shall have been, previously to such extraction or operation, under treatment by such physician or surgeon for some other ailment or disease, and then only when such extraction or operation shall be deemed necessary by such physician or surgeon in order to preserve the health or life of his patient: Provided, however, That this section shall in no way interfere with the regular licensed physician or surgeon in the performance of general surgery, or extracting or treating teeth in emergency cases, in order to relieve temporarily the health or discomfort of a patient.

It shall be unlawful for any legally qualified physician or surgeon, not registered or licensed under the provisions of this act, to advertise or permit to be done, orally or by sign, token, card, circular, handbill, newspaper, or other me dium of advertisement, that he can or will attempt to perform dental operations of any kind, extract teeth, treat disease or lesions of the human teeth or jaws, or replace lost teeth by artificial ones, or attempt to correct malposition thereof, either in or without a building, or who shall, for a fee, salary, or other reward, paid or to be paid either to himself or to another person, perform dental operations of any kind, treat diseases or lesions of the human teeth or jaws, or replace lost teeth by artificial ones, or attempt to correct the malposition thereof.

It shall be unlawful for any person to practice or attempt to practice dentistry either as proprietor, employe or assistant, without keeping his license in open view in his operating room. Every person, persons or corporation who is the proprietor of or who controls any dental office or parlors, doing business in this State, shall promptly report to the State Board of Dental Examiners the name or names of all registered dentists in his employ, together with their place of residence, and when said registered dentists shall leave the employ of said person, persons, or corporation aforesaid, said facts shall be promptly reported to the State Board of Dental Examiners.

Any physician or surgeon violating any of the provisions Misdemeanor. of this section or act shall be deemed guilty of a misdemeanor, and punished as provided for by section nine of this act.

of board.

treasurer,

SEC. 8. Out of the funds coming into the possession of Per diem said board, as above specified, the members of said board compensation shall receive as compensation the sum of ten dollars for each day actually engaged in the duties of their office as such examiners, and actual, necessary expenses. Said expenses shall be paid from the fees and assessments received by said board under the provisions of this act, and no part of the salary or expenses of said board shall be paid out of the State treasury. The secretary-treasurer of said board Secretaryshall, from time to time, give such bond for the faithful dis- bond. charge of his duties as the custodian of the funds of said board as it may direct. Said board shall appropriate from any fund under its control a sum not to exceed five hundred dollars annually, as compensation for the services of the secretary-treasurer: Provided, That the said board shall Proviso. have power to vote the secretary-treasurer a reasonable sum, or sums of money for extraordinary or special services in work performed in carrying out the provisions of this act. SEC. 9. Any person who shall practice or attempt to Practicing practice dentistry either as proprietor, employe or assistant, license. without having a license or without keeping his license in open view in his operating room, in accordance with the provisions of this act, and any person who shall practice or attempt to practice dentistry either as proprietor, employe or assistant, after his license has been revoked, in accordance with the provisions of this act, and any person who shall in any way violate any of the provisions of this act shall be guilty of a misdemeanor, and upon con- Penalty. viction thereof shall be punished by a fine of not more than five hundred dollars and costs of prosecution, or by imprisonment in the county jail for not more than ninety days, or both such fine and imprisonment, in the discretion of the court.

Approved May 2, 1913.

without

Commission merchant.

Farm produce.

Sale without license unlawful.

Application.

[No. 184.]

AN ACT to regulate the business of selling farm products on commission, providing all commission merchants dealing in farm products shall be licensed, to provide against and punish fraud and deception in the sale of farm products on commission, and defining the duties of the State Dairy and Food Commissioner relative thereto.

The People of the State of Michigan enact:
SECTION 1. As used in this article:

1. The term "commission merchant" shall include every person, firm, association and corporation, licensed under this article to receive, sell or offer for sale on commission within this State any kind of farm produce.

2. The term "farm produce" shall include all agricultural, horticultural, vegetable and fruit products of the soil, and meats, poultry, eggs, dairy products, nuts and honey, but shall not include timber products.

SEC. 2. On and after October first, nineteen hundred thirteen, no person, firm, association or corporation, whose principal place of business shall be located in any city in this State, shall receive, sell or offer for sale on commission within this State any kind of farm produce, without a license as provided in this article. Every person, firm, association and corporation in this State receiving farm produce for sale on commission shall annually on or before October first, file an application with the State Dairy and Food Commissioner for a license to do a commission business in farm What to state. produce. Such application shall state the kind or kinds of produce which the applicant proposes to handle, the full name of the person or corporation applying for such license, and if the applicant be a firm or association, the full name of each member of the firm or association, the city and street number at which the business is to be conducted, and such other facts as the State Dairy and Food Commissioner shall prescribe. Such applicant shall further satisfy the State Dairy and Food Commissioner of his or its character, responsibility and good faith in seeking to carry License, when on a commission business. The State Dairy and Food Comto issue, fee. missioner shall thereupon issue to such applicant, on payment of fifteen dollars, in cities of less than twenty thousand population, and twenty-five dollars, in cities of more than twenty thousand population, a license entitling the applicant to conduct the business of receiving and selling farm produce on commission at the place named in the application until the tenth day of October next following. Such license shall not be issued, however, to any applicant if during the preceding year a complaint from any signor of farm produce for sale on commission shall have

been filed with the State Dairy and Food Commissioner against such applicant for any of the grounds specified in section four hereof, and such complaint shall have been established as true and just to the satisfaction of the commissioner after such complaint shall have been investigated by the commissioner in the manner provided by section three of this act.

SEC. 3. The commissioner and his assistants shall have Commissioninvestigate.

power to investigate, upon the complaint of an interested invete, may person, or of his own motion, the record of any person, firm or corporation applying for a license, or any transaction involving the solicitation, receipt, transportation, sale or attempted sale of farm produce on a commission basis, including the making of charges in selling, carting, or other services, the failure to make proper and true accounts and settlements at prompt and regular intervals, the making of false statements as to condition, quality or quantity of goods received or while in storage, the making of false statements as to market conditions, or the failure to make payment for goods received or other alleged injurious transactions; and for such purpose may examine the ledgers, books of account, memoranda or other documents of any commission merchant and may take testimony therein under oath; but information relating to the general business of any such person, contained in such investigation and not relating to the immediate purpose thereof shall be deemed of a confidential nature by the commissioner, his assistants and employes. When a complaint is filed with the commis- When comsioner, he shall attempt to secure an explanation or adjustment; failing this, within ten days he shall cause a copy thereof, together with a notice of a time and place for a hearing on such complaint, to be served personally, or by mail, upon such commission merchants. If served by mail such complaint and notice shall be directed to such commission merchant at his place of business and the postage prepaid thereon. Such service shall be made at least seven days before the hearing. At the time and place appointed for such hearing, which shall be within the county where the commission merchant is licensed to do business, the commissioner or his assistants shall hear the parties to such complaint, shall have power to administer an oath, and shall enter in the office of the State Dairy and Food Commissioner a decision either dismissing such complaint or specifying the fact which he deemed established on such hearing.

plaint made.

SEC. 4. The State Dairy and Food Commissioner may de- When license not granted, cline to grant a license or may revoke a license already etc. granted, where he is satisfied of the existence of the following cases or either of them:

1. Where false charges have been imposed for handling or services, or charges other than as by a schedule agreed on by the parties, or other than those customary in the trade;