states and provinces; prescribing penalties for its violation and repealing all inconsistent acts," are hereby amended to read as follows: practice SEC. 1. It shall be unlawful for any person to engage or Unlawful to attempt to engage in the practice of veterinary medicine or unless surgery in any of its various branches, unless he shall comply registered. with the provisions of this act and be duly registered by the State Veterinary Board in the manner hereinafter provided: Provided, That the provisions of this act shall not be govern- Proviso. ing or apply to dehorning cattle and ordinary animal castration. lawful-to operations. SEC. 6. It shall be unlawful for any person in this State When unto perform the following named surgical operations upon perform animals without first administering either local or general certain anaesthesia: The emasculation of hermaphrodites, the emasculation of mares and female dogs, the operation of fistulous wethers and poll-evil, lithotomy and all forms of neurectomy, the Caesarean operation, the operation for umbilical and scrotal hernia and the operation for wind-broken horses called laryngio crycorectomy. Approved May 26, 1909. [No. 144.] AN ACT to regulate the issuance of stocks, bonds and other evidences of indebtedness by persons, corporations and associations owning, conducting or operating certain public utilities. The People of the State of Michigan enact: indebtedness, SECTION 1. Any corporation or association, except mu- Evidences of nicipal corporations, organized and existing, or which may issuance of. hereafter be organized or authorized to do business under the laws of this State, or any lessee or trustee thereof, or any person or persons owning, conducting, managing, operating or controlling any plant or equipment within this State, used wholly or in part in the business of transmitting messages by telephone or telegraph, producing or furnishing heat, light, water or mechanical power to the public, directly or indirectly, and any railroad, interurban railroad or other common carrier may issue stocks, bonds, notes or other evidences of indebtedness payable at periods of more than twelve months after the date thereof, when necessary for the acquisition of property, the construction, completion, extension or improvement of facilities or for the improvement or maintenance of service or for the discharge or lawful re Proviso, order from railroad commission. Application. Inquiry. Proviso, when may issue notes without authority. Further proviso. Fine. Felony, what constitutes. funding of obligations: Provided, and not otherwise, That there shall have been secured from the Michigan Railroad Commission an order authorizing such issue and the amount thereof, and stating that in the opinion of the commission the use of the capital or property to be acquired to be secured by the issue of such stock, bonds, notes or other evidences of indebtedness, is reasonably required for the purposes of such person, corporation or association. Any such person, corporation or association desiring authority to issue stocks, bonds, notes or other evidences of indebtedness shall make written application therefor to the said commission in such form as the commission may require. After receiving such application, said commission may, for the purpose of enabling it to determine whether it should grant such authority, make such inquiry or investigation, hold such hearings and examine such witnesses, books, papers, documents or contracts as it may deem of importance in enabling it to reach a determination. If, from the application filed and such other information obtained from the investigation herein authorized, the said commission shall be satisfied that the funds derived from such issue of stocks, bonds or notes are to be applied to lawful purposes and that such issue and amount is essential to the successful carrying out of such purposes, then said commission shall grant authority to make the issue applied for: Provided, That any such person, corporation or association may issue notes for lawful purposes, payable at periods of not more than twenty-four months, without authority from said commission; but no such notes shall, in whole or in part, directly or indirectly, be refunded by any issue of stock or bonds or by any evidence of indebtedness running for more than twelve months without the consent of said commission: Provided further, That the provisions of this act shall apply to all stock, shares, bonds or notes issued to or taken by the incorporators or their agents, assigns or trustees of any such corporation or association in the first instance. SEC. 2. Any person, corporation or association neglecting or failing to comply with, or who shall violate the provisions of this act, shall be liable to a fine of not less than one thousand dollars nor more than five thousand dollars for each offense, which may be recovered in an action by the Attorney General in the name of the people of the State of Michigan in any court of record, and when so collected shall be paid into the State treasury to the credit of the general fund. SEC. 3. Any officer, director, agent or employe of any person, corporation or association, who shall cause to be issued any stocks, bonds, notes or other evidences of indebtedness payable at periods of more than twelve months after the date thereof, or who shall in any way aid in the issue of such stocks, bonds, notes or other evidences of indebtedness, not authorized by the Michigan Railroad Commission, shall be deemed guilty of felony, and upon conviction thereof shall Imprisonment. be punished by imprisonment in the State prison not less than one year nor more than five years. SEC. 4. All acts or parts of acts contravening any of the Acts repealed. provisions of this act are hereby repealed. Approved May 26, 1909. [No. 145.] AN ACT making appropriations for the State Board of Fish Commissoners for current expenses and for building and special purposes, for the fiscal years ending June thirtieth, nineteen hundred ten, and June thirtieth, nineteen hundred eleven, and to provide a tax to meet the same. The People of the State of Michigan enact: SECTION 1. There is hereby appropriated for the current Appropriation. expenses of the State Board of Fish Commissioners for the fiscal year ending June thirtieth, nineteen hundred ten, the sum of thirty-five thousand dollars, and for the fiscal year ending June thirtieth, nineteen hundred eleven, the sum of thirty-five thousand dollars: Provided, That not more than Proviso. five hundred dollars may be expended in each year by said board for traveling and incidental expenses outside of the State. SEC. 2. The further sum of three thousand seven hundred Further appropriaten dollars is hereby appropriated for the fiscal year ending tons. June thirtieth, nineteen hundred ten, by stations and for purposes and amounts as follows: Paris Station: Completing cement race above present pond, one hundred fifty dollars; Mill Creek Station: Rebuilding dam and replacing water main, to bass ponds, fifteen hundred dollars; Construction of bass ponds, five hundred dollars; Drayton Plains Station: Three hundred sixty feet of sewer pipe to care for surplus water, three hundred sixty dollars; Completing new ponds and connections, five hundred dol lars; Harrietta Station: Completing six ponds north of hatchery and grading, five hundred dollars; Completion of dam at head of spring water canal, two hundred dollars. SEC. 3. The further sum of three thousand two hundred dollars is hereby appropriated for the fiscal year ending June thirtieth, nineteen hundred eleven, by stations and by pur poses and amounts as follows: How paid. Tax clause. Paris Station: To provide waste water ditch and deepen pond north of hatchery, three hundred dollars; New fences, two hundred dollars; New ice house, two hundred dollars; Mill Creek Station: To complete bass pond below station, one thousand dollars; Drayton Plains Station: Completing new ponds and connections, five hundred dollars; Harrietta Station: Ponds north of highway, one thousand dollars. SEC. 4. The several sums appropriated by the provisions of this act shall be paid out of the general fund in the State treasury to the treasurer of the State Board of Fish Commissioners at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his account to the Auditor General thereunder. SEC. 5. The Auditor General shall incorporate in the State tax for the year nineteen hundred nine, the sum of thirty-eight thousand seven hundred ten dollars, and for the year nineteen hundred ten, the sum of thirty-eight thousand two hundred dollars, which amounts when collected shall be credited to the general fund to reimburse the same for the moneys hereby appropriated. This act is ordered to take immediate effect. Drugs, misbranded. "Drugs," [No. 146.] 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. The People of the State of Michigan enact: SECTION 1. No person shall within this State manufacadulterated or ture for sale, have in his possession with intent to sell, offer or expose for sale, or sell, any drug or drug product which is adulterated or misbranded within the meaning of this act. SEC. 2. The term "drug" as used in this act shall include term defined. all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either man or other animals. SEC. 3. An article shall be deemed to be adulterated Articles within the meaning of this act: First, If, when it is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation: Provided, That no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality or purity be plainly stated upon the principal label of the bottle, box or other container thereof, although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary; Second, If its strength or purity fall below the professed standard or quality under which it is sold. deemed adulterated. SEC. 4. An article shall be deemed to be misbranded Articles within the meaning of the act: First, It [If] it is an imitation of, or offered for sale under the name of another article; Second, If the contents of the package as originally put up shall have been removed in whole or in part, and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, antipyrin, opium, morphine, codeine, heroin, cocaine, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any such substances, contained therein: Provided, That nothing herein shall be construed to apply to the dispensing of prescriptions written by regularly licensed practicing physicians, veterinary surgeons and dentists, and kept on file by the dispensing pharmacist, nor to such drugs as are recognized in the United States Pharmacopoeia and National Formulary, and which are sold under the name by which they are so recognized; Third, If the package containing it or its label shall bear any statement, design or device regarding the ingredients or the substances contained therein, which statement, design or device shall be false or misleading in any particular, and to any drug or drug product which is falsely branded as to the state, territory or country in which it is manufactured or produced. deemed misbranded. Proviso. who to make. SEC. 5. The president of the board of pharmacy, the pres Rules and ident of the State Board of Health and the Dairy and Food regulations, Commissioner shall jointly make such rules and regulations as may be necessary for the enforcement of this act. missioner, SEC. 6. It shall be the duty of the Dairy and Food Com- Dairy and missioner to investigate all complaints of violations of this food comact and take all steps necessary to its enforcement; and to duty of. this end he shall appoint two drug inspectors who shall be |