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unlawful.

bought or sold, offered or exposed for sale, or in possession with intent to sell, or sold and delivered, ordered or billed. SEC. 2. No person or persons shall sell, offer or expose Short weights, for sale in this State by the barrel, or by the fractional parts of a barrel as herein established, any of the mill products specified in section one hereof, unless the barrel or fractional part of such barrel shall contain the full weight of such mill product as is provided for in section one hereof.

SEC. 3. Before any package containing the mill products Face label on or compounds of such mill products specified in section one how printed, package, of this act shall be sold or offered or exposed for sale in this etc. State, the number of pounds contained therein shall be plainly printed or stamped on the face label in plain English letters and numbers not less than one-half inch high. When such packages are sold as one-half, one-quarter, one-eighth, one-sixteenth or one-thirty-second of a barrel they shall be so marked in addition to the number of pounds marked thereon as herein provided.

unlawful.

SEC. 4. No manufacturer, company, dealer or person shall Abstraction abstract any part of the mill products from the standard packages or fractional parts named in section one, and sell such package as a barrel or fractional part of a barrel as defined in section one.

clause.

SEC. 5. Any manufacturer, company, dealer, person or Penalty persons who shall knowingly sell, offer or expose for sale or for distribution in this State any package containing mill products of the cereals enumerated in section one which are stamped or labeled with a greater number of pounds than such package actually contains, or who shall put up or sell in this State any of the mill products of the above named cereals in a manner contrary to the provisions of this act. shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars and the costs of prosecution, or by imprisonment in the county jail or the Michigan Reformatory at Ionia for not less than ninety days nor more than one year or by both such fine and imprisonment in the discretion of the court for each and every offense: Provided, however, That nothing in this act Proviso, sales shall be construed to cover or affect sales or shipments made outside of to any manufacturer, company, dealer, person or persons outside of this State and not intended for sale or shipment back into this State.

or shipments

state.

missioner.

SEC. 6. It shall be the duty of the Dairy and Food Com- Dairy and missioner to investigate all complaints of violations of this food comact, and to take all steps necessary to its enforcement. It Prosecuting shall be the duty of all prosecuting officers of this State to officers, duty prosecute to completion all suits brought under the provisions of this act upon complaint of said commissioner or any person.

of.

Act, when effective.

SEC. 7. This act shall take effect and be operative from and after January first, nineteen hundred ten. Approved June 1, 1909.

[blocks in formation]

[No. 209.]

AN ACT to provide for the sale of real estate or any interest therein, under license of the probate court, by executors, administrators and guardians.

The People of the State of Michigan enact:

SECTION 1. Real estate of a deceased person or any interest therein, may be sold upon petition of the executor or administrator under license of the probate court in the fol lowing cases:

First, When it shall appear to the court that the personal estate of a deceased person in the hands of his executor or administrator is insufficient to pay the debts of the deceased and the charges of administering his estate, or whenever it shall appear to the court that it is for the best interest of all persons interested in the estate that his real estate or some part thereof be sold for such purpose in lieu of disposing of the personal estate;

Second, When it shall appear to the court that a sale of such real estate is necessary to preserve the estate or to prevent a sacrifice thereof, or to carry out the provisions of a will;

Third, When a testator shall have given any legacy by will that is effectual to pass or charge real estate, and his personal property is insufficient to pay such legacy, together with his debts and charges of administration;

Fourth, When a testator shall have given real estate to two or more persons, or when a person shall have died intestate, and it shall appear to the court that it is necessary or will be for the best interests of the persons interested in said real estate as such devisees, legatees or heirs, to sell the same for the purpose of distribution: Provided, That application under this subdivision shall be approved in writ ing by the persons owning a majority in interest of the real estate proposed to be sold, which approval may be given by the guardians of persons under guardianship. In case of sale under any of the subdivisions of this section the widow, if any, shall not be entitled to a greater interest in the estate than she would have received had such real estate been distributed instead of being sold.

SEC. 2. The real estate or any interest therein of any per- Real estate of persons son under guardianship may be sold under license of the under probate court in the following cases:

First, When the personal property of such person is insufficient to pay his just debts, together with the charges of managing his estate;

Second, When the personal property of such person is insufficient to pay the expenses incurred by any county or by the State in the care, support or maintenance of such person, together with the charges of managing his estate;

Third, When the income of the estate of any person under guardianship is insufficient to maintain the ward and his family, or to educate the ward when a minor, or the children of such ward;

Fourth, When it shall appear to the court that it would be for the benefit of the ward that his real estate or any part thereof be sold and the proceeds thereof reinvested.

guardianship, sale of.

obtained.

SEC. 3. Proceedings for obtaining a license for the sale License, how of real estate and the sale thereof by executors, administrators and guardians shall be in accordance with the provisions of chapters two hundred forty-three and two hundred forty-four of the Compiled Laws of eighteen hundred ninety-seven, when not inconsistent herewith.

declared.

SEC. 4. All sales of real estate made by executors, ad- Certain sales ministrators or guardians under license of the probate court, valid. pursuant to the provisions of chapter two hundred fortythree of the Compiled Laws of eighteen hundred ninety-seven, are hereby declared to be valid.

Approved June 1, 1909.

[No. 210.]

AN ACT to provide for sanitary conditions in railroad passenger coaches and in railroad depots and vessels.

The People of the State of Michigan enact:

tion.

SECTION 1. It shall be unlawful for any person to ex- Expectorapectorate upon the floor, platform or the interior furnishings, except cuspidors, of a steam railroad, passenger or street railway car, or upon the floor, furnishings, registers or radiators of any passenger station or public waiting room. Any person who violates any of the provisions of this act Penalty. shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than twenty-five dollars or imprisoned not to exceed sixty days, or both such fine and imprisonment in the discretion of the

Proviso, prosecution.

Temperature, ventilation,

etc.

Drinking
water.
Ice in
separate
receptacle.

Toilet rooms, etc., care of.

Closets at stations.

Disinfection of coaches.

Report of.

Urinals, sterilization. approval of.

Penalty for violation_of

act.

court: Provided, however, That no person shall be prosecuted under the provisions of this section unless its provi sions are posted in a conspicuous place in such cars, stations and public waiting rooms, and suitable cuspidors are furnished.

SEC. 2. It shall be the duty of railway companies to see that every passenger coach is kept at a uniform temperature, not less than sixty nor more than seventy degrees, and that provision for ventilation shall be constantly in use to provide a sufficient amount of fresh air for the passengers.

SEC. 3. Every passenger coach shall be provided with a supply of good wholesome drinking water. When ice is used to cool the water, it shall be kept in a separate receptacle. These tanks shall be thoroughly cleaned at the terminus of every trip, and shall be kept constantly covered.

SEC. 4. All toilet rooms, water closets, urinals and toilet appliances in railway coaches and depots are to be scrubbed with soap and hot water and disinfected with an approved disinfectant each day. All closets (outhouses) at railway stations shall be kept clean and in good repair to be suitable at all times for the use of the traveling public. The vaults shall receive a daily treatment of fresh lime or other ap proved disinfectant, and the contents removed at least once each month.

SEC. 5. Every passenger coach while in regular use, shall be thoroughly cleansed and disinfected at least once each month. If a car becomes infected by being occupied by a person having a dangerous communicable disease, it shall not again be opened for the reception of other passengers than the ones already in it; and at the end of the trip it shall be disinfected before it is again used for passenger traffic. In cases of public exposure of this kind on railway trains. it shall be the duty of the railway authorities to report the facts to the State Board of Health, giving the names and destination of each exposed passenger that occupied the same car as the infected person.

SEC. 6. Every passenger coach operating in this State, and every vessel navigating upon the rivers and inland lakes of the State, or entering her lake harbors, shall be provided with urinals and closets of such form as will secure the sterilization of all discharges entering them; and the same shall be known as the "Aseptic closet and urinal." The form of the urinal and closet, including the method of sterilization, shall have the approval of the State Board of Health before adoption.

SEC. 7. In case any railroad or vessel company operating in this State, shall neglect or refuse to carry out the provisions of the preceding sections, it shall be liable to a penalty of one hundred dollars and cost of prosecution for each and every passenger train so run, to be sued for in the name of the people of the State of Michigan.

Approved June 1, 1909.

[No. 211.]

AN ACT to amend section twenty of chapter three hundred twenty-two of the revised statutes of eighteen hundred forty-six, entitled "Of offenses against chastity, morality and decency," as amended by act number one hundred ninety-one of the public acts of eighteen hundred eightyseven, the same being compiler's section eleven thousand seven hundred nine of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

amended.

SECTION 1. Section twenty of chapter three hundred Section 1wenty-two of the revised statutes of eighteen hundred fortysix, entitled "Of offenses against chastity, morality and decency," as amended by act number one hundred ninety-one of the public acts of eighteen hundred eighty-seven, the same being compiler's section eleven thousand seven hundred nine of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

disturbances,

SEC. 20. If any person shall make or excite any disturbance Exciting or contention in any tavern, store or grocery, manufacturing unlawful. establishment, or any other business place or in any street, lane, alley, highway, public building, grounds or park, or at any election or other public meeting where citizens are peaceably and lawfully assembled, he shall be deemed guilty of a misdemeanor, and upon conviction before any justice of the Penalty. peace or police justice, be punished by a fine not exceeding twenty-five dollars and costs of prosecution, or by imprisonment in the county jail not more than ninety days, or by both such fine and imprisonment in the discretion of the court or magistrate.

Approved June 1, 1909.

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