Sale, etc., as butter, of oleo or who shall cause or procure to be sold, offered or exposed for sale, any article or substance required by the first section of this act to be sold, offered, or exposed for such sale from a tub, firkin, box, or package, stamped, branded, or marked, and labeled as therein stated, contrary to the provisions of said section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than ten nor more than one hundred dollars, and the costs of prosecution, or by imprisonment in the county jail for not less than five nor more than thirty days, or by both such fine and imprisonment for each and every offense.—§ 2246. SALE AND USE OF OLEOMARGARINE AND OTHER SUBSTANCES RESEMBLING Act No. 166, Laws of 1887, entitled, "An act to regulate the sale and use of oleomargarine, butterine, and other articles and substances resembling butter, and to provide a penalty for the violation of this act." 277. SECTION 1. The People of the State of Michigan enact, margarine, etc., That any person who knowingly sells, or offers for sale, as but. a misdemeanor. ter, any oleomargarine, butterine, or other article or substance resembling butter, and not made exclusively from milk or cream, and of which the oil or fat of animals not produced from milk is a component part, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined, for each such offense, not less than twenty-five dollars nor more than two hundred dollars, and by imprisonment in the county jail or State House of Correction and Reformatory at Ionia, not less than ninety days and not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. Proprietors of hotels, restaur or permitting use, guilty of - violation of act. 278. SEC. 2. The proprietor or keeper of any hotel, restauants, etc., using rant, eating-saloon, boarding-house, or other place where food is furnished to persons paying for the same, who shall knowingly place upon the table, or use or permit to be used in the preparing of any food to be used in such place, or to be sold to any person, any oleomargarine, butterine, or other such substance resembling butter, described in section one of this act, shall be deemed as selling and as offering for sale as butter, of such substance resembling butter, within the meaning and intent and contrary to the provisions of this act, and liable and subject to the penalties prescribed for such offense. The presence of such oleo evidence of 279. SEC. 3. The presence of such oleomargarine, butterine, margarine, etc., or other substance resembling butter, in any such place before violation of act. mentioned where food is sold or furnished to persons paying for the same, shall be prima facie evidence in any court before which any person violating the provisions of this act may be brought for examination or trial, that such person has sold and offered for sale as butter, such substance resembling butter: Provided, Nevertheless, that if the proprietor or keeper of such store, hotel, eating-saloon, boarding-house or other place herein before mentioned, shall have placed on the outside door, and conspicuously hung in the center, and placed on the walls of any store, or room Proviso. MANUFACTURE AND INSPECTION OF SALT. where food is sold or furnished, a white placard on which is printed in black ink, in plain Roman letters of not less than three inches in length, and not less than two inches in width the words, "Oleomargarine or butterine sold or used here," and shall, at all times, keep the same exposed in such conspicuous places as to be readily seen by any and all persons entering such store or room or rooms, he shall be deemed to have complied with the provisions of this act, and may use, sell and offer for sale such oleomargarine, or butterine or other substance resembling butter. MANUFACTURE AND INSPECTION OF SALT. Act No. 29, laws of 1869, entitled, "An act to regulate the manufacture, and provide for the inspection of salt."* inspected. lating provis section. 79 280. (1458.) SECTION 1. The People of the State of Michigan Salt must be enact, That no salt manufactured in this State after this act takes effect, shall be sold within the State, nor exported therefrom, until the same shall first be duly inspected as provided in this act. Any person who shall violate the provisions of this section Penalty for vioshall pay, for the use of the people of this State, as a fine, the ions of this sum of twenty cents for each bushel of salt sold or exported contrary to the provisions of this act. In case any manufacturer of Penalty for sellsalt shall knowingly sell, or export, or permit to be sold or ex- in violation of ported, salt contrary to the provisions of this act, he shall, on conviction thereof, be liable to a fine not exceeding one thousand dollars, or imprisonment in the county jail not exceeding ninety days: Provided, That nothing in this act shall apply to any salt Proviso. packed and in the hands of dealers when this act takes effect.$1494. ing or exporting this act. of inspector. default or mis 281. (1463.) SEC. 6. The inspector shall, before entering Oath and bond upon the duties of his office, take the oath prescribed by the constitution of this State, which oath shall be filed in the office of the secretary of State. He shall execute a bond to the people of this State in the penal sum of seven thousand dollars, conditioned for the faithful performance of the duties of his office, which bond shall have at least two sureties, and shall be subject to the approval of the State treasurer; and when approved shall be by such treasurer filed and deposited in his office; and the inspector shall renew his bond every year. Any person or corporation injured Action for by the neglect or default of such inspector, or by his misfeasance feasance of in office, or by the neglect, default, or malfeasance [misfeasance] inspector or of any of his deputies, may maintain an action on such bond, in the name of the people, for the use of the party prosecuting, and shall be entitled to recover the full amount of damages sustained. As amended by Act 249 of 1879.-§ 1499. 282. (1470.) SEC. 13. No lime or lime-water shall be used No lime or lime by any person in the manufacture of salt, in the kettles, or pans, used. or graining-vats used for manufacturing, under a penalty of twenty-five dollars and costs for each offense, to be sued for in This act has been amended by Acts 56 and 199 of 1873, 86 of 1875, 90 of 1877, 249 of 1879, and 150 of 1883. As its bearings are chiefly commercial, the greater part of it is omitted here. deputy. water to be Proviso. What qualities salt to contain. Penalties for packing before inspection. Barrels, etc., once used. Penalty on phy ing poison, etc., while intoxi the name of the people of this State: Provided, That iron vessels used in the manufacture of salt may be white-washed, when cool, to prevent the accumulation of rust.-§ 1506. 283. (1473.) SEC. 16. The inspector or deputy inspector shall not pass any salt as good, unless he shall find it to be well made, free from dirt, filth, and stones, and from admixture of lime, or ashes of wood, and of any other substance which is injurious to salt, fully drained from pickle, the bitterns properly extracted therefrom, and manufactured as directed by this act and by the rules and regulations of the inspector.-§ 1509. 284. (1481.) SEC. 24. If any manufacturer or other person shall pack any salt before the inspector or one of his deputies shall have determined that it is fit for packing, he shall forfeit the sum of twenty-five cents for every bushel of salt so packed.-§ 1517. 285. (1482.) SEC. 25. Barrels, casks, or sacks in which salt shall have been packed and inspected, shall not again be used for the packing of salt therein until the mark or brands made by the inspector shall be first cut out or removed; and if any person shall pack, or cause to be packed, or shall aid or assist in packing any uninspected salt in any such barrels, casks, or sacks, without first cutting out or removing such marks or brands, he shall forfeit, for every bushel of salt so packed, the sum of one dollar.-§ 1518. PRESCRIBING POISONS, DRUGS, OR MEDICINES IN A STATE OF INTOXICA TION. 286.* (7729.) SEC. 4. If any physician or other person, while sician prescrib. in a state of intoxication, shall prescribe any poison, drug, or medicine, to another person, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars.-§ 9319. cated. Penalty for neglecting to label certain substances. Duty of apothecaries, etc., in sons. SALE OF POISONS. 287. (7730.) SEC. 5. Every apothecary, druggist, or other person who shall sell and deliver at retail any arsenic, corrosive sublimate, prussic acid, or any other substance or liquid usually denominated poisonous, without having the word "poison," and the true name thereof, and the name of some simple antidote, if any is known, written or printed upon the label attached to the vial, box, or parcel containing the same, shall be punished by a fine not exceeding one hundred dollars.-As amended by Act 74 of 1873.-§ 9320. Act No. 123, laws of 1863, entitled, "An act for the better regulation of the sale of poisons." 288. (7732.) SECTION 1. The People of the State of Michigan the sale of pol- enact, That every apothecary, druggist, or other person who sells any arsenic, strychnine, corrosive sublimate, prussic acid, or other poison, shall keep a record of the date of such sale, the article and amount thereof sold, and the person or persons to whom delivered, and their residence; which record shall be open to the inspection of any police officer or physician during the business hours of each day. And each and every neglect to keep such ADVERTISEMENT AND SALE OF DRUGS FOR ILLICIT PURPOSES. 81 lect thereof. record, as herein provided, shall be deemed a misdemeanor, and Penalty for neg the person or persons guilty thereof shall, upon conviction thereof, be liable to a fine not exceeding fifty dollars.-§ 9321. 289. (7733.) SEC. 2. The giving a false or fictitious name to the Penalty for givapothecary, druggist, or other person from whom such poison was purchased, shall be deemed a misdemeanor, and the person or persons guilty thereof shall, upon conviction thereof, be liable to a fine not exceeding fifty dollars.-§ 9322. ADVERTISEMENT AND SALE OF DRUGS DESIGNED TO PRODUCE ABORTION, Act No. 138, laws of 1873, entitled, "An act to prevent the advertisement and sale of drugs or medicines designed to produce criminal abortion." ing a false name. Sale of drugs tion prohibited. 290. SECTION 1. The People of the State of Michigan enact, for purpose of That no person shall in any manner, except as hereinafter pro- procuring aborvided, advertise, publish, sell, or publicly expose for sale any pills, powders, drugs, or combination of drugs, designed expressly for the use of females for the purpose of procuring an abortion.9312. 291. SEC. 2. Any drug or medicine known to be designed When drugs and expressly prepared for producing an abortion, shall only be procuring sold upon the written prescription of an established practicing sold. physician of the city, village, or township in which the sale is made; and the druggist or dealer selling the same shall, in a Person selling book provided for that purpose, register the name of the pur- of sales, etc. chaser, the date of the sale, the kind and quantity of the medicine sold, and the name and residence of the physician prescribing the same. § 9313. designed for abortion may be to keep record 292. SEC. 3. Any person violating any of the provisions of Penalty. this act shall, upon conviction thereof, be punished by a fine of not less than twenty-five nor more than one hundred dollars, in the discretion of the court.-§ 9314. Act No. 106, Laws of 1869, entitled, "An act to prohibit the publication of the virtues of patent and other simple and compound medicines in the State of Michigan, in language of immoral tendency, or of ambiguous character." printing, etc.,of cine in immoral 293. (7724.) SECTION 1. The People of the State of Michigan Prohibiting the enact, That no person or persons, their agents or clerks, shall virtues of mediprint, stamp, or engrave on any cards, bills, or posters for public language. display or advertisement, or publish in any newspaper in the State of Michigan, the virtues or applications and its or their effects of any such patent and other simple or compound medicine, in language of immoral tendency or of ambiguous character. Any per- Penalty. son or persons, their agents or clerks, who shall fail to comply with the requirements herein expressed, shall be deemed guilty of a misdemeanor, and shall be liable to a fine not less that fifty nor more than one hundred dollars, or to imprisonment in the county jail not exceeding three months, or both, for each and every offense. Any proprietor or proprietress of any newspaper pub- Each appearlished in the State of Michigan, who shall permit any such pub- publication a *286. People v. Carmichael, 5 Mich., 19. ance of such new offense. Penalty for publishing, etc., circulars, etc. Poisoning food, wells, etc. lications to appear in consecutive issues, each and every day shall be deemed a new and separate offense, and shall be liable to a penalty as herein expressed.-§ 9310. 294. (7725.) SEC. 2. The publication or sale within this State of any circular, pamphlet, or book containing recipes or prescriptions in indecent or obscene language for the cure of chronic female complaints or private diseases, or receipts or prescriptions for drops, pills, tinctures, or other compounds designed to prevent conception, or tending to produce miscarriage or abortion, is hereby prohibited; and for each copy thereof, so published and sold, containing such prohibited recipes or prescriptions, the publisher and seller shall each be deemed guilty of a misdemanor, and shall be liable to the same penalties provided for a violation of the preceding section.-§ 9311. POISONING OF FOOD, DRINK, MEDICINES, SPRINGS, WELLS, ETC. From chapter 159, revised statutes of 1846, or chapter 244, compiled laws of 1871. 295.* (7536.) SEC. 27. If any person shall mingle any poison with any food, drink, or medicines, with intent to kill or injure any other person, or shall willfully poison any spring, well, or reservoir of water, with such intent, he shall be punished by imprisonment in the State prison for life, or any term of years. -§ 9101. VI.-EXPLOSIVES, FIRE ARMS, ETC.: ILLUMINATING OILS, GUNPOWDER, NITRO-GLYCERINE AND OTHER Appointment of inspector. INSPECTION OF ILLUMINATING OILS, Act No. 127, laws of 1879, entitled, "An act to provide for the inspection of illuminating oils manufactured from petroleum or coal oils, and to repeal act number one hundred and eighty-one of the session laws of one thousand eight hundred and seventy-five, approved May first, one thousand eight hundred and seventy-five, and act number one hundred and ninety-six of the session laws of one thousand eight hundred and seventy-seven, approved May twenty-second, one thousand eight hundred and seventy-seven." 99 296. SECTION 1. The People of the State of Michigan enact, That the governor shall appoint a suitable person, resident of the State, who is not interested in manufacturing, dealing in, or vending any illuminating oils manufactured from petroleum, as Term of office. State inspector of oils, whose term of office shall be two years Duty. from [the] date of appointment, or until his successor shall be appointed and shall qualify. It shall be the duty of said State inspector, or his deputies hereinafter provided, to examine and *Cases under this section are People v. Carmichael, 5 Mich., 10, and People v. Adwards, 5 Mich., 22. † On careless use of fire-arms, see Act 68 of 1869, Secs. 552-555 of this compilation; on carrying concealed weapons, Act 129 of 1887, Secs. 556-7 of this compilation; on transportation of kerosene, gasoline, etc., see Act 191 of 1881, Secs. 419, 420 of this compilation; on sending explosive substances with intent to do bodily harm, see Act 202 of 1879, Sec. 524 of this compilation. |