other to be kept by said corporation or association. Either Evidence of validity and of said duplicate articles of reorganization or a certified copy existence. of the record of the same shall be prima facie evidence of the facts therein recited and of the validity and existence of the said corporation or association. The corporation or associa- Powers. tion so made, reorganized or renewed shall be a corporation to all intents and purposes, having all the powers and being subject to all the restrictions of corporations originally organized under the said act or under said act as amended, and the same shall succeed to, own and hold all the property or rights of action held, owned and had by the corporation or association which is reorganized, prior to its renewal or reorganization, and shall be liable for all its debts, liabilities and obliga- Liabilities. tions as fully and completely as if it had not been reorganized, and its corporate existence had been beyond any question, both de jure and de facto. The officers and trustees of the Officers and corporation or association renewed or reorganized shall hold trustees. and continue in their offices until their successors shall be duly elected or appointed and qualified. reorganiza concurrence. SEC. 2. It shall be lawful for any corporation heretofore May amend reorganized or hereafter reorganized under the provisions of articles of this act, to amend its articles of reorganization from time tion." to time as to the extension of the term of existence of such corporation, at a special meeting of the trustees of said corporation called for that purpose, to direct by resolution the extension of its corporate existence, which resolution shall express the date of the commencement and termination of said term. Such special meeting shall be called and notice Meeting, call thereof given in the same manner as is provided in section and notice of one of this act for the calling and giving of notice of the special meeting mentioned in said section. Upon the adop- Two-thirds tion of such resolution, which shall have the concurrence of two-thirds of such trustees, it shall be the duty of the president and clerk of such corporation or association, together with a sufficient number of the other trustees to make two-thirds of a full board of trustees, to make, sign and acknowledge in duplicate amended articles of reorganization, Duplicate in which shall be set forth the name, the object and the num- to set forth. articles, what ber and names of the trustees of the corporation; and which shall further set forth that the purpose of the reorganization is to hold, keep and retain the corporate name and continue the existence of the corporation for a specified term when its pending term shall have expired. One of such duplicate arti- Where filed. cles of reorganization shall be filed in the office of the county clerk of the county where such corporation or association is located, and shall be recorded in a book kept for that purpose. The other duplicate shall be kept by said corporation or association. Either of said duplicate articles or a certified copy of the record of the same shall be prima facie evidence of the facts therein recited and of the validity and existence Corporate powers, etc. of said corporation or association. The corporation whose Established drains, of. [No. 69.] AN ACT to provide for the construction and maintenance of dams in drains and the better maintenance of drainage work by embanking, pumping or other mechanical operation, and the assessment and collection of taxes therefor. The People of the State of Michigan enact: SECTION 1. Established drains may be improved for the improvement benefit of those whose lands were improved by the original construction of such drains, by the construction and maintenance of dams in drains and the removal of the drainage by the use of pumps and other mechanical operation. Petition of freeholders. SEC. 2. When it appears, upon the written petition of not less than ten freeholders of the township or townships in which such drains or lands drained thereby or to be improved thereby and to be assessed therefor may be situated, also by not less than one-half of the freeholders whose lands are traversed by such drain, that such improvement is desired to be made by damming such drain and pumping the drainage from said drain or water course, and that such improvement is necessary to properly drain said lands and to protect What to state, the lands through which said drain runs, said petition stating where it is desired to construct said dam and how the drainage is to be removed and where it is to be emptied, the county drain commissioner shall, as soon as practicable after Examination receipt of such petition, proceed to examine said drain and pass upon the necessity of such improvement and whether such improvement is practicable and conducive to the public health, convenience or welfare, or an improvement or necessity to preserve the adjoining lands thereto. of drain. Order of determination, SEC. 3. If such drain commissioner determine such imwhat to state provement, as set forth in the petition, to be practicable and a necessity to properly drain such lands, to be conducive to missioner may the public health, convenience or welfare, or a necessity to preserve or protect the adjoining land thereto, he shall within sixty days make an order of determination in writing, thereby stating where such dam is to be constructed and to designate its dimensions and to designate the method by which the drainage is to be carried away and where it is to be emptied. SEC. 4. If at any time after the county drain commissioner when comhas issued his first order of determination declaring such let contract. improvement to be necessary, and before the letting of any contract for constructing the same, all of the owners of the land through which or for the benefit of which such drain is located shall by themselves, their agents or attorneys pay to the county drain commissioner all the costs and expenses thus far incurred by him, and shall severally or jointly enter into a contract, with good and sufficient sureties and in such sum as the county drain commissioner may require, to construct such improvements on such drain and pay all expenses necessary to be incurred in the construction of the same, then the county drain commissioner may contract with such owner or owners, and such improvements when accepted Acceptance shall be certified by the county drain commissioner as a drain ment. constructed in pursuance of the provisions of this act, and shall be recorded in the same manner as other drains. If Non-fulfillsuch contract is not fulfilled in the time limited therein, the ment county drain commissioner shall contract with other parties for the completion of the work and the parties so in default and their sureties shall be liable for all costs and expenses attending such default. of improve contract. SEC. 5. All work done under the provisions of this act Work, shall be under the supervision of the county drain commis. supervision of. sioner. provisions SEC. 6. All the provisions of act number two hundred Certain fifty-four of the public acts of eighteen hundred ninety-seven, applicable. and the acts amendatory thereof and supplementary thereto relative to proceedings after the filing of petition for the determination of the necessity, institution of condemnation proceedings and proceedings had thereon and the construction and maintenance of the improvements mentioned in such petition, and the assessment and review and levy and collection of taxes and all other provisions of said act not inconsistent with the provisions of this act shall be applicable in the construction and maintenance of dams and the better maintenance of such drainage work by embanking, pumping or other mechanical operation or other work under the provisions of this act. Approved May 6, 1909. Ice cream, lawful constituents. Sale of adulterated, unlawful. Adulteration defined. Proviso. Flavoring. Imitation. Vegetable gums. Milk fat, False labeling. License and fee. [No. 70.] AN ACT to regulate the manufacture and sale of ice cream within the limits of the State of Michigan. The People of the State of Michigan enact: manu SECTION 1. No person, firm or corporation shall facture for sale, keep for sale, sell, barter, exchange or deal in ice cream which shall contain any substance other than milk, cream, eggs, sugar, and some neutral flavoring gelatin or vegetable gums or which contain other than the required amount of milk fat as hereinafter provided. SEC. 2. No person, firm or corporation shall manufacture for sale, keep for sale, sell, barter, or deal in ice cream adulterated within the meaning of this act. SEC. 3. Ice cream shall be deemed to be adulterated within the meaning of this act: First, If it shall contain boric acid, formaldehyde, saccharin, or any other added substance or compound that is deleterious to health; Second, If it shall contain salts of copper, iron oxide, ocres or any coloring substance deleterious to health: Provided, That this paragraph shall not be construed to prohibit the use of harmless coloring matter in ice cream when not used for fraudulent purposes; Third, If it shall contain any deleterious flavoring matter, or flavoring matter not true to name; Fourth, If it be an imitation of, or offered for sale under the name of another article. Nothing in this act shall be construed to prohibit the use of not to exceed one-half of one per centum of pure gelatin, gum tragacanth or other vegetable gums. SEC. 4. No ice cream shall be sold within the State containing less than twelve per centum milk fat, except where fruit or nuts are used for the purpose of flavoring when it shall not contain less than ten per centum milk fat. SEC. 5. It shall not be lawful for any person, firm or corporation to sell, offer for sale, expose for sale, or have in possession with intent to sell, any ice cream in any container which is falsely labeled or branded as to the name of the manufacturer thereof or to misrepresent in any way the place of manufacture of ice cream or the manufacturer thereof. SEC. 6. Each person, firm or corporation engaged in the manufacture of ice cream as a business within this State, after this act shall take effect, shall file with the Dairy and Food Commissioner an application for a license accompanied with a fee of five dollars, and upon receipt of such application the Dairy and Food Commissioner shall issue to the person, firm or corporation making such application a license to manufacture ice cream, as provided in this act, which license shall run for one year from the date of the application, and shall be renewed annually thereafter. The money so collected Money, where paid. by the Dairy and Food Commissioner shall be paid into the State treasury and be used to help defray the expenses of the office of the Dairy and Food Commissioner in addition to the annual appropriation therefor: Provided, That this Proviso. section shall not apply except in cities of more than three thousand inhabitants, by the last United States census, to any person, firm or corporation manufacturing and selling ice cream by the dish direct to the consumer. violation. SEC. 7. Any person, firm or corporation who shall violate Penalty for any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court. of act. SEC. 8. The Dairy and Food Commissioner shall be charged Enforcement with the enforcement of the provisions of this act. This act is ordered to take immediate effect. Approved May 6, 1909. [No. 71.] AN ACT to provide for the examination, regulation, licensing and registration of optometrists practicing optometry, and for the punishment of offenders against this act. The People of the State of Michigan enact: examiners, of. applicants. SECTION 1. The Governor shall appoint, on or before No- Board of vember first, nineteen hundred nine, five electors of the State appointment who shall constitute a board of examiners in optometry. All persons so appointed shall have been actively engaged in the practice of optometry in harmony with sections seven and eight of this act for at least five years preceding the time of such appointment. The Michigan society of optometrists Qualified under its seal and under oath of its president and secretary, shall furnish to the Governor the names of at least treble the number of qualified examiners to be appointed, and thereafter similar lists for each vacancy or new appointment, and the Governor shall select the appointees to such board from the names thus furnished. The persons so appointed shall Term of office. hold office respectively, two for six years, two for four years and one for two years, beginning with the first day of No |