Not to apply to business of physicians not keeping open store, etc. 471. SEC. 10. Nothing in this act shall apply to, or in any manner interfere with, the business of any practicing physician who does not keep open shop for retailing, dispensing or compounding of medicine and poison, or prevent him from supplying to his patients such articles as may seem to him proper, nor with the vending of patent or proprietary medicines by any retail dealer, who has been in such business three years or more, nor with the selling by any person of drugs, medicines, chemicals, essential oils and tinctures which are put up in bottles, boxes, packages, bearing labels securely affixed, which labels shall bear the name of the pharmacist or druggist putting up the same, the dose that may be administered to persons, three months, six months, one year, three years, five years, ten years, fifteen years and twenty-one years of age, and if a poison, the name or names of the most common antidotes; of copperas, borax, blue vitriol, salt-peter, pepper, sulphur, brimstone, paris green, liquorice, sage, senna leaves, castor oil, sweet oil, spirits of turpentine, glycerine, glauber salts, epsom salts, cream tartar, bi-carbonate of soda, sugar of lead and such acids as are used in coloring and tanning, nor with the selling of paregoric, essence of peppermint, essence of ginger, essence of cinnamon, hive syrup, syrup of ipecac, tincture of arnica, syrup of tolu, syrup of squills, spirits. of camphor, number six, sweet spirits of nitre, laudanum, quinine, and all other preparations of cinchona bark, tincture of aconite, and tincture of iron, compound cathartic pills, or quinine pills, nor with the exclusively wholesale business of any dealer: Provided, That every person who shall within threemonths after this act takes effect forward to the board of pharmacy, satisfactory proof, supported by his affidavit, that he was engaged in the business of a dispensing pharmacist on his own account in this State, in the preparation of physicians' prescriptions, three years next previous to the second day of June, eighteen hundred and eighty-five, or that at such time he had been employed or engaged three years or more as a pharmacist in the compounding of physicians' prescriptions, and was at said time so employed in this State, shall, upon the payment to the board of a fee of two dollars, be granted the certificate of a regFurther proviso istered pharmacist: And provided further, That the said board may grant, at a fee not exceeding one dollar, to such persons not less than sixteen years of age, who shall pass a satisfactory examination touching their competency, before the board of pharmacy, the certificate of registered "assistant," but such certificate shall not entitle the holder to engage in business on his own account, or to take charge of or act as manager of a pharmacy or drug store.-As amended by Act 196, Laws of Proviso as to registry of druggist. as to assist ant." Adulteration forbidden, 1887. 472. SEC. 11. No person shall add to or remove from any drug, medicine, chemical, pharmaceutical preparation, any ingredient or material for the purpose of adulteration or substitution, which shall deteriorate the quality, commercial value or medicinal effect, or which shall alter the nature or composition of such ORGANIZATION OF PHARMACISTS AND DRUGGISTS. 129 drug, medicine, chemical, or pharmaceutical preparation, so that it will not correspond to the recognized tests of identity or purity. Any person who shall thus willfully adulterate or alter, or cause A misdemeanor. to be adulterated or alterated, or shall sell or offer for sale, any such drug, medicine, chemical, or pharmaceutical preparation, or any person who shall substitute, or cause to be substituted, one material for another, with the intention to defraud or deceive the purchaser, shall be guilty of a misdemeanor, and be liable to prosecution under this act. If convicted he shall be liable to all Penalty for. the costs of the action, and for the first offense be liable to a fine of not less than ten dollars nor more than one hundred dollars, and for each subsequent offense, a fine of not less than twentyfive dollars nor more than one hundred and fifty dollars. On Action of board complaint being entered the board of pharmacy is hereby empow- being made. ered to employ an analyst or chemist, whose duty it shall be to examine into the so-called adulteration, substitution, or alteration and report upon the result of his investigation; and if said report shall be deemed to justify such action the board shall duly cause the prosecution of the offender, as provided in this act. upon complaint from jury 473. SEC. 12. The senior pharmacist of every house dispens- Exemption ing and compounding medicines, registered under this act, shall service. be exempt and free from all jury duty in the courts of this State. 474. SEC. 13. All acts and parts of acts in conflict with pro- Repealing visions of this act are hereby repealed. ORGANIZATION OF PHARMACISTS AND DRUGGISTS. Act No. 75, Laws of 1887, entitled, "An act granting that corporations may be organized, the object of which shall be to unite the reputable pharmacists and druggists of the State of Michigan, for the purpose of improving the science and art of pharmacy, the elevation of its standard and the promotion, by legitimate means, of the practice of pharmacy among properly qualified persons of that profession." clause. more pharma incorporated. 475. SECTION 1. The People of the State of Michigan enact, One hundred or That any hundred or more persons who shall be qualified phar- cists may macists within the meaning of act number one hundred and become thirty-four of the session laws of eighteen hundred and eightyfive, or who shall have received the diploma or degree of any school of pharmacy legally empowered to confer such diploma or degree, who may desire to become incorporated for the purposes set forth in the title of this bill, may execute under their hands and acknowledge before some person within this State authorized to take acknowledgments of deeds, articles of agreement, which articles, as hereinafter specified, shall be filed and recorded in the office of the Secretary of State, and upon the execution and acknowledgment of such articles the signers thereof, and those who may thereafter become associated with them, shall become a body politic and corporate for the purposes set forth in said articles. 476. SEC. 5. It shall be the duty of the secretary of any Secretary to association organized under the provisions of this act to compile printed report, a printed report of the transactions of said association, including copies of papers read at its meetings, reports of facts collected, compile a etc. discoveries made and experience gained, one copy of which said printed report shall be deposited in the office of the Secretary of State, one in the State library, one in the office of the State board of health, and at least one retained in the office of the association. X.-CERTAIN SOCIAL RELATIONS, MORALS, ETC. RESTRICTIONS AS TO MARRIAGE; PROTECTION TO HEALTH, LIFE, Who shall be capable of contracting marriage. Marriage is a civil contract From Chap. 83, Revised Statutes of 1816, Chap. 169, Comp. Laws of 1871. 477. (4719.) SECTION 1. Every male who shall have attained the full age of eighteen years, and every female who shall have attained the full age of sixteen years, shall be capable in law of contracting marriage, if otherwise competent.-§ 6209. 478. (4720.) SEC. 2. Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of parties 4 Comstock, 230, capable in law of contracting, is essential.-§ 6210. 1 Ind. Rep., 390. 8 Paige, 573. Who shall not Idem. Who not to marry. Insane person, etc. Marriages 479.|| (4721.) SEC. 3. No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, nor his sister, brother's daughter, sister's daughter, father's sister, or mother's sister. § 6211. 480. (4722.) SEC. 4. No woman shall marry her father, grandfather, son, grandson, stepfather, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, nor her brother, brother's son, sister's son, father's brother, or mother's brother.-§ 6212. 481.T (4723.) SEC. 5. No marriage shall be contracted whilst either of the parties has a former wife or husband living, unless the marriage with such former wife or husband shall have been dissolved. § 6213. 482.** (4724.) SEC. 6. No insane person or idiot shall be capable of contracting marriage. All marriages heretofore condeclared valid. tracted between white persons and those wholly or in part of African descent are hereby declared valid and effectual in law *For provisions as to registration of marriages, see Act 194 of 1867 (amended), Secs. 561-569 of this compilation. +477. See People v. Slack, 15 Mich., 193; Bouker v. People, 37 Mich., 7; Lewis v. People, 37 Mich., 518; Frost v. Vought, 37 Mich., 65. 478. See Leavitt v. Leavitt. 13 Mich., 456. Also 15 Mich., 203. 479. Marriages are prohibited within the degrees of consanguinity named, whether the parties are legitimate or illegitimate, or of the whole or the half blood.-People v. Jenness, 5 Mich., 318. 481. See 1 Pick., 136; 8 Pick., 433; People v. Dawell, 25 Mich., 273. **482. See People v. Brown, 34 Mich., 340; also 12 Mass., 363. MARRIAGES.-RESTRICTIONS, DUTIES, PENALTIES. for all purposes, and the issue of such marriages shall be deemed and taken legitimate as to such issue and as to both of the parents. § 6214.-As amended by Act 23 of 1883. parties to be 131 483.* (4726.) SEC. 8. All justices of the peace and ministers One of the of the gospel are hereby authorized and required before solemn- examined on izing any marriage, to examine at least one of the parties on oath. oath, which oath they are hereby authorized to administer, as to the legality of such intended marriage.—§ 6216. joining persons 484. (4728.) SEC. 14. If any justice of the peace or minister Forfeiture for of the gospel shall join any persons in marriage contrary to the in marriage provisions of this chapter, he shall forfeit for every such offense contrary to law. a sum not exceeding five hundred dollars.-§ 6218. persons un 485.† (4729.) SEC. 15. If any person shall undertake to Punishment of join others in marriage knowing that he is not lawfully author- authorized, etc. ized so to do, or knowing of any legal impediment to the proposed marriage, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the county jail not more than one year, or by a fine not less than fifty, nor more than five hundred dollars, or by both such fine and imprisonment, in the discretion of the court.-§ 6219. PENALTIES ON PARTIES CONTRACTING AN UNLAWFUL MARRIAGE. From Chap. 158, Revised Statutes of 1846, Chap. 249, Comp. Laws of 1871. 486. (7694.) SEC. 4. If any person who has a former hus- Polygamy. band or wife living, shall marry another person, or shall continue to cohabit with such second husband or wife, in this State, he or she shall, except in the cases mentioned in the following section, be deemed guilty of the crime of polygamy, and shall be punished by imprisonment in the State prison not more than five years, or in the county jail not more than one year, or by fine not exceeding five hundred dollars.-§ 9280. 487. (7695.) SEC. 5. The provisions of the preceding sec- Excepted cases. tion shall not extend to any person whose husband or wife shall have been continually remaining beyond sea, or shall have voluntarily withdrawn from the other and remained absent for the space of five years together, the party marrying again not knowing the other to be living within that time, nor to any person who shall have good reason to believe such husband or wife to be dead, nor to any person who has been legally divorced from the bonds of matrimony.-As amended by Act 9 of 1869.-§ 9281. 488. (7705.) SEC. 15. All persons being within the degree Incest. of consanguinity within which marriages are prohibited, or declared by law to be incestuous and void, who shall intermarry with each other, or who shall commit adultery or fornication *483. A case under this section is, Bonker v. People, 37 Mich., 4, 10. +485. A misdemeanor, etc., Bonker v. People, 37 Mich., 4. Whatever is in the way of a valid marriage is such an impediment as the law has in view. The statute applies to a marriage where the girl is under the age of consent.-Bonker v. People, 37 Mich., 4. See also 13 Pick., 111. 486. For cases under this section, see also 1 Pick., 136; 8 Pick., 433; 2 Cushing, 553; People v. Brown, 34 Mich., 339; People v. Dawell, 25 Mich., 247-54; People v. Lambert, 5 Mich., 349; People v. Slack, 15 Mich., 193; People v. Calder, 30 Mich., 85; Kopke v. People, 43 Mich., 41. 488. For cases under this section, see also Hicks v. People, 10 Mich., 395; People v. Jenness, 5 Mich., 305; DeGroat v. People, 39 Mich., 124. Persons intending marriage must obtain license. Where non residents must obtain license. Secretary of etc. with each other, shall be punished by imprisonment in the State prison not more than fifteen years, or in the county jail not more than one year.-§ 9291. CIVIL LICENSE REQUIRED TO MARRY. Act 128, Laws of 1887, entitled, "An act for the requiring of a civil license in order to marry, and the due registration of the same, and to provide a penalty for the violation of the provisions of the same,' as amended by Act 256, Laws of 1889. 489. SECTION 1. The People of the State of Michigan enact, It shall be necessary for all parties intending to be married to obtain a marriage license from the county clerk of the county in which either the man or woman resides, and to deliver the said license to the clergyman or magistrate who is to officiate, before the marriage can be performed. If both parties to be married are non-residents of the State it shall be necessary to obtain such license from the county clerk of the county in which the marriage is to be performed.-As amended by Act 256, Laws of 1889. 490. SEC. 2. Blank forms for marriage license and certififorms, blanks, cate, as also proper books of registration, ruled for the items contained in said forms, shall be prepared by the Secretary of State, and shall be furnished by him to the county clerk [clerks] of the Form of license. Various counties of the State in quantities needed. The blank forms for license and certificate shall be made in duplicate and shall provide spaces for the entry of the following items, to wit: The full name, age, color, place of residence, place of birth, occupation, and if known, the father's name, and mother's maiden name, of each of the parties to be married; the number of times either of the parties may have been previously married; the bride's maiden name, in case she is a widow; the date of the giving of the license; the signature of the county clerk; the date and place of the marriage; the names and residences of two witnesses to the marriage; and the certification of the officiating clergyman or magistrate, that the marriage contemplated by the license has been performed by him. And the Secretary of State to county clerks shall furnish to the county clerks of the various counties of the State, blank forms of affidavit, containing the requisite allegations, under the laws of this State, of the competency of the parties to unite in the bonds of matrimony, and any party applying for license to marry, shall cause such an affidavit to be made and filed with the county clerk, as a basis for the issuing of the license; and such affidavit, together with the license, shall be made a matter of record of said clerk's office. Secretary of State to furnish affidavit, etc. Duty of county clerk. Fees. 491. SEC. 3. It shall be the duty of the county clerk, on application being made to him, to fill out the blank spaces of the license according to the sworn answer [answers] of the applicant, taken before him or some persons duly authorized by law to administer oaths. If it shall appear that the parties are legally entitled to be married, the county clerk shall sign the license in certification of the fact that it is properly issued, and he shall make a correct copy thereof in the books of registration. For his services connected therewith he shall be entitled to a fee of fifty cents, to be paid by the party applying and at the time of |