Title and sections amended. Soft drinks, of what to consist. Proviso. Further proviso. Sterilization of bottles. Labels. [No. 65.] AN ACT to amend the title and sections seven and nine, of act number two hundred fifty-nine, of the public acts of nineteen hundred nineteen, entitled "An act to regulate the manufacture and sale of soft drinks, syrups, extracts, and all other non-alcoholic beverages within the state and prescribe penalties for violation thereof, and repeal act number two hundred eighty-eight of the public acts of nineteen hundred fifteen." The People of the State of Michigan enact: SECTION 1. The title and sections seven and nine of act number two hundred fifty-nine of the public acts of nineteen hundred nineteen, are hereby amended to read as follows: TITLE An Act to regulate the manufacture and sale of soft drinks, syrups, extracts and all other non-alcoholic beverages within the state and the registered containers thereof and prescribe penalties for violation thereof, and repeal act number two hundred eighty-eight of the public acts of nineteen hundred fifteen. SEC. 7. For the purpose of this act, all soft drinks or other non-alcoholic beverages, except pure, non-alcoholic fruit juices, shall consist of a beverage made from a pure cane or beet sugar syrup containing pure flavoring materials, with or without added fruit acid, with or without added color, and shall contain in the finished product not less than eight per cent sugar, except dry ginger ale, which must contain not less than seven per cent sugar: Provided, That nothing in this act shall prohibit the use of any other harmless ingredient in the manufacture of soft drinks or other non-alcoholic beverages: And provided further, That whenever artificial coal tar colors are used, nothing but the certified colors as approved by the federal government are permissible. The provisions of this section shall not apply to non-alcoholic beverages made in imitation of beer, bitter drinks or other similar drinks. All soft drinks or other non-alcoholic beverages not in compliance with the standards established by this act shall be deemed to be adulterated. SEC. 9. All bottles used in the manufacture of soft drinks or other non-alcoholic beverages, before being filled, shall be sterilized by soaking in a hot caustic solution of not less than one hundred twenty degrees Fahrenheit, that shall contain not less than three per cent caustic or alkali expressed in terms of sodium hydrate for a period of not less than five minutes, then thoroughly rinsed in pure water until free from alkali or sodium hydrate. Each and every bottle so sterilized, when filled with a soft drink or other non-alcoholic beverage, must be distinctly labeled with the true name of the soft drink or other non-alcoholic beverage therein contained, together with the true name of the manufacturer thereof. The use of bottles with other than the manufacturer's or filler's or authorized distributor's name blown therein, without the written consent of the original owner, is hereby prohibited. Nothing in this act shall be construed to include milk or cream bottles. Approved April 23, 1925. [No. 66.] AN ACT to amend section ten of chapter eighty-one of the revised statutes of eighteen hundred forty-six, entitled "Of fraudulent conveyances and contracts relative to goods, chattels, and things in action." being section eleven thousand nine hundred eighty-eight of the compiled laws of nineteen hundred fifteen." The People of the State of Michigan enact: SECTION 1. Section ten of chapter eighty-one of the revised Section statutes of eighteen hundred forty-six, entitled "Of fraudulent amended. conveyances and contracts relative to goods, chattels, and things in action," being section eleven thousand nine hundred eighty-eight of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: where filled. SEC. 10. Every mortgage or conveyance intended to operate Chattel as a mortgage of goods and chattels which shall hereafter be mortgage, made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers or mortgagees in good faith, unless the mortgage or a true copy thereof shall be filed in the office of the township clerk of the township, or city clerk of the city, or city recorder of cities having no officer known as city clerk, where the goods or chattels are located, and also where the mortgagor resides, except when the mortgagor is a non-resi- Non-resident. dent of the state. when the mortgage or a true copy thereof shall be filed in the office of the township clerk of the township, or city clerk of the city, or city recorder of cities having no officer known as city clerk, where the property is. unless the mortgagor named in such mortgage or conveyance intended to operate as a mortgage, or some person for him having knowledge of the facts shall, before the filing of the same, make and annex thereto an affidavit setting forth that the consideration of said instrument was actual and adequate, and that the same was given in good faith for the purposes in such instrument set forth. No officer shall receive such instrument or file the same in his office until such affidavit is And Affidavit annexed. Proviso. Proviso, common carriers. made and annexed thereto. Provided, however, That where the original instrument bears such affidavit annexed thereto, it shall be sufficient that a copy of such instrument offered for filing bears also a true copy of such affidavit. Every person who shall knowingly make any false statement in any such affidavit, upon conviction thereof shall be deemed guilty of the crime of perjury: Provided, That in case of corporations engaged in transporting passengers or freight, or conveying electricity or gas or telephonic or telegraphic communications, all that is or shall be required is the filing of the copy of such mortgage with the register of deeds of each county through which the lines or property thereof passes, and such mortgages shall not require any affidavit of renewal: Provided further, That when such mortgage or other conmerchandise veyance intended to operate as a mortgage is given upon a stock of merchandise or merchandise and fixtures or any part thereof purchased for resale at retail then such instrument or a true copy thereof, and of the affidavit thereto attached shall also be filed in the office of the register of deeds of the county where the goods and chattels are located. Approved April 23, 1925. Further proviso, resold. Section amended. Falsely assuming to etc. [No. 67.] AN ACT to amend section eighteen of chapter one hundred fifty-six of the revised statutes of eighteen hundred fortysix, entitled "Of offenses against public justice," being section fourteen thousand nine hundred eighty-nine of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section eighteen of chapter one hundred fiftysix of the revised statutes of eighteen hundred forty-six, entitled "Of offenses against public justice," being section fourteen thousand nine hundred eighty-nine of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 18. If any person shall falsely assume or pretend to be a justice, be a justice of the peace, sheriff, deputy sheriff, coroner, constable, police officer, or member of the department of public safety of the state of Michigan, and shall take upon himself to act as such, or to require any person to aid and assist him in any matter pertaining to the duty of a justice of the peace, sheriff, deputy sheriff, coroner, constable, police officer, or member of the department of public safety of the state of Michigan, or shall falsely take upon himself to act or officiate in any office or place of authority, he shall be punished by Penalty. imprisonment in the county jail not more than one year, or This act is ordered to take immediate effect. [No. 68.] AN ACT to amend section one of chapter eleven of act number three hundred fourteen of the public acts of nineteen hundred fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," being section twelve thousand three hundred fifty of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section one of chapter eleven of act number Section three hundred fourteen of the public acts of nineteen hundred amended. fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," being section twelve thousand three hundred fifty of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 1. Civil actions are divided into equitable actions and civil actions actions at law. The following actions at law are retained, retained. namely, actions of assumpsit, trespass on the case, replevin. ejectment, certiorari, mandamus and quo warranto. All other forms of actions at law are abolished. In all cases where the actions of covenant or debt would be otherwise maintainable, the action of assumpsit shall hereafter be brought, and in all cases where actions of trespass or trover would be otherwise maintainable, the action of trespass on the case shall be Proviso. Pending actions. brought Provided, however, That in case of trespass on lands, and in cases where an action on the case for fraud or deceit may by law be brought, and in cases of the conversion of personal property into money, the plaintiff may bring and maintain either an action of assumpsit, or an action of trespass on the case. In all cases not otherwise specially provided for by law, where a pecuniary penalty or forfeiture shall be incurred by any person, and the act or omission for which the same is imposed, shall not also be a misdemeanor, such penalty or forfeiture may be recovered in an action of assumpsit. In all such cases where assumpsit is brought, a promise shall be implied by law to pay all just damages sustained by plaintiff and may be so declared upon. Actions pending at the time this act takes effect shall not in anywise be affected by the provisions of this section. No bond, deed of conveyance or other contract heretofore or hereafter executed in writing, signed by any party, his agent or attorney, shall be deemed invalid for want of a seal or scroll annexed thereto by such party. Approved April 23, 1925. Section amended. Powers of boards of supervisors. [No. 69.] AN ACT to amend section eleven of act number one hundred fifty-six of the public acts of eighteen hundred fifty-one, entitled "An act to define the powers and duties of the boards of supervisors of the several counties, and to confer upon them certain local, administrative and legislative powers," being section two thousand two hundred seventy-four of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section eleven of act number one hundred fiftysix of the public acts of eighteen hundred fifty-one, entitled "An act to define the powers and duties of the boards of supervisors of the several counties, and to confer upon them certain local, administrative and legislative powers," being section two thousand two hundred seventy-four of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 11. The said several boards of supervisors shall have power and they are hereby authorized at any meeting thereof lawfully held: First, To purchase for the use of the county any real estate necessary for the erection of buildings for the support of the poor of such county, and for a farm to be used in connection therewith; |