SEC. 2. U. S. No. 1 shall consist of potatoes of similar U. S. No. 1. varietal characteristics which are not badly misshapen, which are free from freezing injury and soft rot and from damage caused by dirt or other foreign matter, sunburn, second growth, growth cracks, hollow-heart, cuts, scab, blight, dryrot, disease, insects or mechanical or other means.

The diameter of potatoes of round varieties shall be not less Diameter. than one and seven-eighths inches, and of potatoes of long varieties, one and three-fourths inches.

In order to allow for variations incident to proper grading Variations. and handling, not more than five per cent, by weight, of any lot may be below the prescribed size, and, in addition, not more than six per cent, by weight, may be below the remaining requirements of this grade, but not to exceed one-sixth of this six per cent tolerance shall be allowed for potatoes affected by soft rot.

small.

SEC. 3. U. S. No. 1 SMALL shall consist of potatoes U. S. No. 1 ranging in size from one and one-half inches to one and seveneighths inches in diameter, but meeting all the other requirements of U. S. No. 1.

In order to allow for variations incident to proper grading Variations. and handling, not more than twenty-five per cent, by weight, of any lot may vary from the prescribed size, but not to exceed one-fifth of this tolerance shall be allowed for potatoes under one and one-half inches in diameter. In addition, not more than six per cent, by weight, may be below the remaining requirements of this grade, but not to exceed one-sixth of this six per cent tolerance shall be allowed for potatoes affected by soft rot.

SEC. 4. U. S. No. 2 shall consist of potatoes of similar U. S. No. 2. varietal characteristics which are free from freezing injury and soft rot and from serious damage caused by sunburn, cuts, scab, blight, dry rot, disease, insects or mechanical or other means.

The diameter of potatoes of this grade shall be not less than Diameter. one and one-half inches.

In order to allow for variations incident to proper grading Variations. and handling, not more than five per cent, by weight, of any lot may be below the prescribed size, and, in addition, not more than six per cent, by weight, may be below the remaining requirements of this grade, but not to exceed one-sixth of this six per cent tolerance shall be allowed for potatoes affected by soft rot. Decay and deterioration of Michigan grown potatoes developing in transit when otherwise up to grade shall be considered as affecting the condition and not the grade.

or labeled.

SEC. 6. When prepared for shipment in bags, baskets, How tagged barrel, box, hamper, or any other container, the same shall be tagged or labeled or branded legibly, designating the name and address of the person, dealer, shipper, corporation, society or association, or agent or representative, also the grade and net weight. When shipped as bulk, two cards conspicu

Colors of tags.

Sales excepted.

"Person" defined.

Graded and branded before sale,

etc.

Misdemeanor, what deemed. Penalty.

ously placed shall accompany such potatoes, which cards shall not be smaller than four and one-half inches by six inches in size, designating in letters not less than one-half inch in height the name and address of the shipper, the name of the grade, the car initial and number, and the date.

Blue tags shall be used for the U. S. No. 1 grade and red tags for the U. S. No. 2 grade. Properly branded or stenciled bags do not require a tag.

It is further provided that this act shall not apply to, or be construed to include, the sale of potatoes of his own production by the grower, made by himself personally or by an employe, direct to a consumer, or to a groceryman or company or copartnership conducting a grocery store.

SEC. 7. The word "person" as used herein, shall be construed to include any dealer, shipper, corporation, society, association, or their agent or representative. The act, omission or failure of any official or employe of any person, when such official or employe is acting within the scope of his employment or office, shall, in every case, be deemed also the act, omission or failure of the person as well as the official or employe.

SEC. 8. It shall unlawful for any person to pack for sale, expose or offer for sale, or sell, or consign or ship, or have in his possession any container or package or bulk shipment consisting of Michigan grown potatoes which are not graded and branded in accordance with the provisions of this act and the regulations made hereunder, or have in his possession for sale any potatoes prepared for sale or sold which bear any false statement, design or device regarding the same, within the meaning of this act. In re-using any tag, package or cover upon which appear any marks required by this act, or which were intended to describe the contents of the package, the person who is responsible for the use of such tag, package or cover shall cause such marks to be removed, erased, or obliterated before re-using. No person, except an authorized inspector of the state department of agriculture, shall alter, efface, or remove, or cause to be altered, effaced or removed, wholly or in part, any brands or marks required to be put upon packages under the provisions of this act, except in repacking or to make the brands or marks correspond to the contents of the package.

SEC. 9. Any person, either principal or agent, who violates any of the provisions of this act, or of the regulations promulgated hereunder, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars and costs, nor more than fifty dollars and costs for the first offense, and not more than one hundred dollars and costs for each subsequent offense, or by impris onment in the county jail for not more than thirty days in default of paying the fine and costs, or both in the discretion of the court.

Approved April 8, 1927.

[No. 29.]

AN ACT to make appropriations for the state treasury department for the fiscal years ending June thirty, nineteen hundred twenty-eight, and June thirty, nineteen hundred twenty-nine, for maintenance and operation.

The People of the State of Michigan enact:

and pur

SECTION 1. There is hereby appropriated from the general Amounts fund for the state treasury department for the fiscal year end- poses. ing June thirty, nineteen hundred twenty-eight, the sum of ninety-two thousand dollars, and for the fiscal year ending June thirty, nineteen hundred twenty-nine, the sum of sixtytwo thousand dollars, for the purposes and in the specific amounts as follows:

Each of said amounts shall be used solely for the specific

purposes herein stated.

out.

SEC. 2. The amounts hereby appropriated shall be paid How paid out of the state treasury at such times and in such manner as is or may be provided by law.

SEC. 3. All fees or other moneys received by said state Fees, where treasury department shall be forwarded to the state treasurer deposited. each month and shall be by said treasurer deposited in the state treasury to be disbursed in such manner and for such

purposes as may be provided by law.

This act is ordered to take immediate effect.
Approved April 7, 1927.

Section amended.

Election, when held.

Officers elected.

Proviso.

[No. 30.]

AN ACT to amend section thirteen of chapter one of part four of act three hundred fifty-one of the public acts of nineteen hundred twenty-five, entitled "An act to provide for the registration of electors, the nomination and election of candidates for public office; to provide for and regulate primary elections and elections; to guard against the abuse of the elective franchise; to define violations of this act; to prescribe the penalties therefor; and to repeal certain acts relating thereto."

The People of the State of Michigan enact:

SECTION 1. Section thirteen of chapter one of part four of act three hundred fifty-one of the public acts of nineteen hundred twenty-five, entitled "An act to provide for the registration of electors, the nomination and election of candidates for public office; to provide for and regulate primary elections and elections; to guard against the abuse of the elective franchise; to define violations of this act; to prescribe the penalties therefor; and to repeal certain acts relating thereto," is hereby amended to read as follows:

SEC. 13. In every township there shall be an election on the first Monday of April in each year. In odd-numbered years the township election shall be held at the same time and place and be conducted by the same officers as the biennial spring election. At each such election there shall be elected by ballot the following township officers: A supervisor, a township clerk, a treasurer, a justice of the peace, a commissioner of highways, not to exceed four constables, a member of the board of review, and an overseer of highways for each highway district. The terms of office of township officers, except a member of the board of review and justices of the peace, shall be one year, beginning as soon as such officers are elected and qualified: Provided, Said township officers shall qualify within ten days after election. The term of office of a justice of the peace shall be four years, beginning the first day of July next succeeding his election. Members of the board of review shall be elected and serve as provided for in section twenty-eight of act number two hundred six of the public acts of eighteen hundred ninety-three, being section four thousand twenty-two of the compiled laws of nineteen hundred fifteen. This act is ordered to take immediate effect. Approved April 11, 1927.

[No. 31.]

AN ACT to amend section one of act number two of the public acts of eighteen hundred eighty-nine, entitled "An act to punish wilful and malicious injuries to mines and property used in mining," being section fifteen thousand four hundred twenty-two of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section 1 of act number two of the public acts Section of eighteen hundred eighty-nine, entitled "An act to punish amended. wilful and malicious injuries to mines and property used in mining," being section fifteen thousand four hundred twentytwo of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows:

what

SEC. 1. That every person who shall wilfully and mali- Felony, ciously cut, break, obstruct, injure or destroy or cause to be deemed. cut, broken, obstructed, injured or destroyed, any pump, pumprod, man-engine, ladder, ladderway, skip, skip-track, car, cartrack, bell, signal, rope, cable, cage, air-compressor, steam boiler, electric generator, or any other appliance or thing, whether herein particularly mentioned or not, the same being above ground or under ground in any mine, used for or connected with the hoisting or pumping apparatus, or means of conveyance or escape from any mine; or any stull, timber, plank, platform or other appliance or other thing, whether herein particularly mentioned or not, used for or connected with securing or upholding rock, or used for or connected with the purpose of securing the safety of workmen, the same being under ground in any mine; or shall do the like to any engine house, boiler house, electrical generator house, shaft house or any other structure above ground containing machinery or appliances used for or connected with the pumping, signaling or hoisting of men or materials, or with securing the safety of workmen under ground, such mine not being then and there an abandoned mine shall be deemed guilty of felony and be Penalty. punished by imprisonment in the state prison not more than twenty years, or by fine not exceeding five thousand dollars, in the discretion of the court.

Approved April 11, 1927.