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the state of Michigan. It shall also be lawful to pay the
traveling expenses of an attendant conducting such person
to or from said institution or agency when the service of
an attendant is in the judgment of said committee, county
agent or probate judge, necessary for the protection of the
person so conveyed.

This act is ordered to take immediate effect.
Approved April 9, 1925.

Act amended.

Section added.

May construct roads to close gaps.

[No. 47.]

AN ACT to amend act number fifty-nine of the public acts of nineteen hundred fifteen, as amended, entitled "An act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor; to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to validate certain proceedings heretofore taken," by adding a new section to said act to stand as section 4-a.

The People of the State of Michigan enact:

SECTION 1. Act number fifty-nine of the public acts of nineteen hundred fifteen, as amended, entitled "An act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor; to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to vali date certain proceedings heretofore taken," is hereby amended by adding a new section to said act to stand as section 4-a and to read as follows:

SEC. 4-a. In any county operating under the county road system, the board of supervisors may by a majority vote, authorize and direct the board of county road commissioners to construct any part or parts of road not to exceed four miles in length, on the county road system for the purpose of closing a gap or gaps therein and such resolution shall give to the board of county road commissioners the same authority in such cases, to construct roads as otherwise is granted by petition under the provisions of this act.

Approved April 14, 1925.

[No. 48.]

AN ACT to amend sections five, six, seven, and nine of act number one hundred forty-six of the public acts of nineteen hundred nine, entitled "An act to prohibit and prevent adulteration, misbranding, fraud and deception in the manufacture and sale of drugs and drug products in the state of Michigan and to provide for the enforcement thereof," being sections six thousand five hundred twenty-five, six thousand five hundred twenty-six, six thousand five hundred twenty-seven, and six thousand five hundred twentynine of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Sections five, six, seven, and nine of act number Sections one hundred forty-six of public acts of nineteen hundred nine, amended. entitled "An act to prohibit and prevent adulteration, misbranding, fraud and deception in the manufacture and sale of drugs and drug products in the state of Michigan and to provide for the enforcement thereof," being sections six thousand five hundred twenty-five, six thousand five hundred twenty-six, six thousand five hundred twenty-seven, and six thousand five hundred twenty-nine of the compiled laws of nineteen hundred fifteen, are hereby amended to read as follows:

SEC. 5. The board of pharmacy shall make such rules and Rules, etc., regulations as may be necessary for the enforcement of this may make. act.

plaints, etc.

term of

SEC. 6. It shall be the duty of the board of pharmacy to in- To investivestigate all complaints of violations of this act and take all gate comsteps necessary to its enforcement; it shall appoint drug inspectors who shall be registered pharmacists. Such inspectors Inspectors, shall hold office at the pleasure of said board of pharmacy office, etc. and until others are appointed; and the said board of pharmacy or drug inspectors or any of them shall in a lawful manner inquire into the drug products which are manufactured or sold or exposed or offered for sale in this state, and may in a lawful manner procure samples of the same for analysis; and the said board of pharmacy, or said drug inspectors or any of them, shall have power to enter into any factory, store, salesroom, drug store or laboratory or place where he has reason to believe drug products are made, stored, sold or offered for sale, and open any cask, jar, bottle or package containing, or supposed to contain, any drug product, and take therefrom samples for analysis. The person making such inspection shall take such sample of such article or product in the presence of at least one witness, and he shall, in the presence of said witness, mark or seal such sample and shall tender at the time of taking to the manufac turer or vendor of such product, or to the person having the custody of the same, the value thereof, and a statement in

Analysis
of samples.

Proviso.

Liability of officers, etc.

Proviso.

Proviso.

Further
Proviso.

writing for the taking of such sample. The said board of pharmacy shall request the state analyst to make due and careful examination of such sample and report to it the result of such analysis, and if the same is found to be adulterated or misbranded within the provisions of this act it shall be the duty of said board of pharmacy, or any drug inspector assigned to such duty, to make complaint against the manufacturer or vendor thereof in the proper county and furnish all evidence thereof to obtain a conviction of the offense charged, and in no case shall any party connected with the board of pharmacy making such complaint be required to furnish security for costs in any action instituted by said party or parties having for their object the enforcement of this act: Provided, Nothing herein contained shall be held to prohibit or prevent other inspectors or chemists connected with the board of pharmacy from performing any of the duties herein. imposed upon the said drug inspectors or other parties, whenever in the opinion of said board of pharmacy the work of its office can be expedited thereby.

SEC. 7. In construing and enforcing the provisions of this act, the act, omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association within the scope of his employment or office, shall, in every case, be also deemed to be the act, omission or failure of such corporation, company, society or association, as well as that of the person: Provided, That no dealer shall be prosecuted under the provisions of this act when he can establish a guaranty in accordance with the provisions of the national food and drugs act, June thirtieth, nineteen hundred six, or a guaranty signed by the wholesaler, jobber, manufacturer or other parties residing in this state, from whom he purchased such article, to the effect that the same is not adulterated nor misbranded within the meaning of this act. Said guaranty to afford protection shall contain the name and address of the party or parties making the sale of such article to such dealer, and in such case, if such guaranty was given in this state, said party or parties shall be amenable to the prosecution, fines and other penalties which would attach in due course to the dealer under the provisions of this act: Provided, however, That said guaranty shall not afford protection to the vendor in any case if said product is adulterated or misbranded within the meaning of this act, and if said vendor shall have been previously notified in writing by the board of pharmacy to that effect: Provided further, That in no case shall the board of pharmacy serve such notice upon any vendor of any such product until said board of pharmacy shall have notified the manufacturer or jobber of any such product of the findings of the state analyst with reference to such product; such notification to such manufacturer or jobber shall be in writing and shall be mailed ten days previous to any notice sent to any vendor in accordance with this section.

SEC. 9. It shall be the duty of each prosecuting attorney, Duty of when called upon by the said board of pharmacy, or by any attorney. prosecuting person by it authorized as aforesaid, to render any legal assistance in its power in proceedings under the provisions of this act or any subsequent act relative to the adulteration or misbranding of drug products. Approved April 15, 1925.

[No. 49.]

AN ACT to amend section fourteen of act number two hundred forty-six of the public acts of eighteen hundred eightyseven, entitled "An act to prevent the sale of impure, unwholesome, adulterated or swill milk in the state of Michigan and to provide for inspectors," being section fifteen thousand one hundred forty-three of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section fourteen of act number two hundred Section forty-six of the public acts of eighteen hundred eighty-seven, amended. entitled "An act to prevent the sale of impure, unwholesome, adulterated or swill milk in the state of Michigan and to provide for inspectors", being section fifteen thousand one hundred forty-three of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows:

SEC. 14. Any person who shall remove the cream or any Misdemeanor, part thereof from milk to be sold as pure milk to any manu- what deemed. factory in which milk is used as a material in the process of production, and any person who shall, in any manner, adulterate such milk, either by the addition of water or otherwise, or who shall purchase any milk for resale which is adulterated within the meaning of section twelve of this act, shall be guilty of a misdemeanor, and shall, for every such offense, be Penalty. punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail or Detroit house of correction not exceeding ninety days.

This act is ordered to take immediate effect.
Approved April 15, 1925.

Section amended.

Parole officer, may act as.

[No. 50.]

AN ACT to amend section fifteen of act number one hundred five of the public acts of nineteen hundred thirteen, entitled "An act to provide a uniform system of probation throughout the state of Michigan; the appointment of probation officers and to prescribe the powers, duties and compensation of such officers; to provide a penalty for the violation of his duties; and to repeal act number ninety-one of the public acts of nineteen hundred three, as amended", being section two thousand forty-three of the compiled laws of nineteen hundred fifteen, as amended by act number one hundred forty-three of the public acts of nineteen hundred twenty-one.

The People of the State of Michigan enact:

SECTION 1. Section fifteen of act number one hundred five of the public acts of nineteen hundred thirteen, entitled "An act to provide a uniform system of probation throughout the state of Michigan; the appointment of probation officers and to prescribe the powers, duties and compensation of such officers; to provide a penalty for the violation of his duties; and to repeal act number ninety-one of the public acts of nineteen hundred three, as amended", being section two thousand fortythree of the compiled laws of nineteen hundred fifteen, as amended by act number one hundred forty-three of the public acts of nineteen hundred twenty-one, is hereby amended to read as follows:

SEC. 15. Any probation officer may act as parole officer for any penal or reformatory institution in this state, when so requested by the authorities thereof, or may act as county agent when regularly appointed as such, and may act as probation officer for the several probate courts of the state in juvenile cases when so appointed and may act as "friend of the court" as defined in act number four hundred twelve of the public acts of nineteen hundred nineteen, when so appointed.

Approved April 15, 1925.

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