How used. transfer of funds. nineteen hundred four the sum of nine thousand dollars for the purposes and amounts as follows: For erecting boiler house destroyed by fire April sixth, nineteen hundred three, repairing damages to and extending coal shed, five thousand one hundred eight dollars; for four new eighty horse-power horizontal tubular boilers in place, including steam and water gauges and all other fittings, complete, three thousand Proviso as to eight hundred ninety-two dollars: Provided, That if the amount designated in this section for either of the purposes stated be insufficient to complete the work or purchase, any surplus remaining after the completion of the other work or purchase specified in this section may, by obtaining the consent of the State Board of Corrections and Charities and Auditor General in writing, before any expense in excess of the specific appropriation is incurred, be used in the account where such deficiency seems unavoidable, the intent of this proviso being to make the entire nine thousand dollars available for the purposes stated herein, if in the judgment of the State Board of Corrections and Charities and Auditor General it is deemed advisable to make the transfer for which provision is hereby made: Provided further, That the board of trustees may obtain money under this section before July first, nineteen hundred three, in such amounts as they may, by requisition, certify to the Auditor General are necessary for immediate use, which amounts thus advanced shall be deducted from the total amount appropriated when the appropriation becomes available. Further proviso. How paid. To be incorporated in state tax. SEC. 2. The several sums appropriated by the provisions of this act shall be paid out of the State treasury to the treasurer of the Industrial School for Boys at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his accounts to the Auditor General thereunder. SEC. 3. The Auditor General shall incorporate in the State tax for the year nineteen hundred three the sum of nine thousand dollars, which when collected shall be credited to the general fund to reimburse the same for the money hereby appropriated. This act is ordered to take immediate effect. [No. 230.] AN ACT to amend sections four, five, seven and twelve of act' number two hundred eleven of the public acts of eighteen hundred ninety-three and all acts amendatory thereof, entitled "An act to provide for the appointment of a Dairy and Food Commissioner, and to define his powers and duties and fix his compensation," being section four thousand nine hundred seventy-six, four thousand nine hundred seventy-seven, four thousand nine hundred seventy-nine, and four thousand nine hundred and eighty-four of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Sections four, five, seven and twelve of act Sections number two hundred eleven of the public acts of eighteen amended hundred ninety-three, and all acts amendatory thereof, entitled "An act to provide for the appointment of a Dairy and Food Commissioner, and to define his powers and duties and fix his compensation," being sections four thousand nine hundred seventy-six, four thousand nine hundred seventyseven, four thousand nine hundred seventy-nine, and four thousand nine hundred eighty-four of the Compiled Laws of eighteen hundred ninety-seven, are hereby amended so as to read as follows: inspectors. duties. SEC. 4. Said commissioner shall receive an annual salary Salary. of two thousand dollars. The said commissioner is hereby May appoint authorized and empowered by and with the advice and con- deputy. sent of the Governor to appoint a deputy commissioner. The Salary. salary of the deputy commissioner shall be one thousand five hundred dollars per annum. The said commissioner may also May appoint appoint six inspectors whose pay per day for each inspector for the time actually employed shall not be to exceed three dollars. The persons so appointed shall have power to ad- Powers and minister oaths in all matters relative to the dairy and food laws and shall take and subscribe the constitutional oath of office and file the same in the office of the Secretary of State, and they shall hold office during the pleasure of the commissioner. The inspectors shall have the same right of access to places to be inspected as the said commissioner or his deputy. The commissioner shall appoint such clerks as he Clerks and may deem necessary for the transaction of the business of his office. The amount to be expended for such clerk hire shall not be to exceed two thousand dollars in any one year. The salaries and expenses authorized by this section shall be salaries and for the unexpired part of the fiscal year ending June thirtieth, expenses, how nineteen hundred three, and each fiscal year thereafter, said salaries to be paid monthly, on the warrant of the Auditor General. The actual and necessary expenses of the commissioner, deputy, and inspectors in the performance of their official duties, shall be audited by the Board of State Auditors and paid upon the warrant of the Auditor General. Such com clerk hire. paid. Deputy and inspector to give bonds. Appointment of state analyst and deputy. pensations and expenses shall be certified, audited and paid in SEC. 5. The commissioner by and with the consent of the Governor shall appoint a suitable and competent person as State Analyst, who shall be a practical and analytical chemist. The commissioner, in like manner, may appoint an Assistant State Analyst. Before entering upon the duties of their office they shall take, subscribe and file in the office of the Secretary Term of office. of State the constitutional oath of office. Their term of office shall continue during the pleasure of the commissioner. The Board of State Auditors shall provide a room in connection with the Dairy and Food Commissioner for the laboratory of the State Analyst and his assistant, and the necessary furni ture and fixtures therefor. In case of the absence or inability of the State Analyst or his assistant to perform their duty, the commissioner may appoint some competent person to perform the same temporarily, which person shall take, subscribe and file the constitutional oath of office. The salaries and expenses authorized by this section shall be for the unexpired part of the fiscal year ending June thirtieth, nineteen hundred three, and each fiscal year thereafter, said salaries to be payable monthly on the warrant of the Auditor General. The salary of the chemist shall be eighteen hundred dollars; the salary of the assistant chemist shall be one thousand dollars. The actual and necessary expenses of the chemist and the assistant chemist, in the performance of their official duties, shall be audited by the Board of State Auditors and paid upon the warrant of the Auditor General. An amount not exceeding five hundred dollars may be expended for the necessary chemical supplies. Such compensation, expenses and supplies shall be certified, audited and paid in the same manner as the salaries, expenses and supplies of similar officers. Salaries. Expenses. When may seize food products. SEC. 7. The commissioner, his deputy or any person by said commissioner duly appointed for that purpose, is authorized at all times to seize and take possession of any and all food and dairy products, substitutes therefor, or imitation thereof kept for sale, exposed for sale or held in possession or under the control of any person which in the opinion of the said commissioner, or his deputy or such person by him duly appointed, shall be contrary to the provisions of this act or other laws which now exist or which may be hereafter enacted. to take sample First, The person so making such seizure as aforesaid, shall Person seizing take from such goods as seized a sample for the purpose of an- for analysis. alysis and shall cause the remainder thereof to be boxed and sealed and shall leave the same in the possession of the person from whom they were seized, subject to such disposition as shall hereafter be made thereof according to the provisions of this act. Second, The person so making such seizure, shall forward the To forward to state analyst. sample so taken to the State Analyst for analysis, who shall make an analysis of the same and shall certify the results of such analysis, which certificate shall be prima facie evidence of the fact or facts therein certified to in any court where the same may be offered in evidence. when food terated. Third, If upon such analysis it shall appear that said food Proceedings or dairy products are adulterated, substitutes or imitations found adulwithin the meaning of this act, said commissioner, or his deputy or any person by him duly authorized may make complaint before any justice of the peace or police justice having jurisdiction in the city, village or township where such goods were seized, and thereupon said justice of the peace shall issue his summons to the person from whom said goods were seized, directing him to appear not less than six nor more than twelve days from the date of the issuing of said summons and show cause why said goods should not be condemned and disposed of. If the said person from whom said goods were seized cannot be found said summons shall be served upon the person then in possession of the goods. The said summons shall be served at least six days before the time of appearance mentioned therein. If the person from whom said goods were seized cannot be found, and no one can be found in possession of said goods, and the defendants shall not appear on the return day, then said justice of the peace shall proceed in said cause in the same manner provided by law where a writ of attachment is returned not personally served upon any of the defendants and none of the defendants shall appear upon the return day. Fourth, Unless cause to the contrary thereof is shown, or if Idem. said goods shall be found upon trial to be in violation of any of the provisions of this act or other laws which now exist or which may be hereafter enacted, it shall be the duty of said justice of the peace or police justice to render judgment that said seized property be forfeited to the State of Michigan, and that the said goods be destroyed or sold by the said commissioner for any purpose other than to be used for food. mode of procedure before said justice shall be the same as near as may be as in civil proceedings before justices of the peace. Either parties may appeal to the circuit court as appeals are taken from justices' courts, but it shall not be necessary for the people to give any appeal bond. The sale, where Fifth, The proceeds arising from any such sale shall be paid Proceeds of into the State treasury and credited to the general fund: Pro- paid. vided, That if the owner or party claiming the property or Proviso. goods so declared forfeited can produce and prove a written Duty of prosecuting attorney. Appropriation to be incorpo tax. guarantee of purity, signed by the wholesaler, jobber, manufacturer or other party from whom said articles were purchased, then the proceeds of the sale of such articles, over and above the costs of seizure, forfeiture, and sale, shall be paid over to such owner or claimant to reimburse him, to the extent of such surplus, for his actual loss resulting from such seizure and forfeiture, as shown by the invoice. Sixth, It shall be the duty of each prosecuting attorney when called upon by said commissioners [commissioner] or by any person by him authorized as aforesaid, to render any legal assistance in his power in proceedings under the provisions of this act, or any subsequent act relative to the adulteration of food, for the sale of impure or unwholesome food or food products. SEC. 11. The Auditor General is hereby directed to annually rated in state add to and incorporate into the State tax to be levied each year the sum of twenty-five thousand dollars, which when collected shall be credited to the general fund to reimburse the same for the money appropriated by this act. Approved June 18, 1903. Township boards may issue bonds. Proviso as to vote of electors. Who to have charge of highway improvements. [No. 231.] AN ACT authorizing organized townships in the State of Michigan to borrow money and to issue bonds therefor, for the purpose of providing for the better construction and care of highways in such townships. The People of the State of Michigan enact: SECTION 1. The township board of any organized township in the State of Michigan is hereby authorized and empowered, upon an application being first filed with such township board signed by at least twenty-five freeholders of such township, to borrow a sum of money, not exceeding five per cent of the assessed valuation of such township, on the faith and credit of such township, and to issue the bonds of such township therefor, the money so borrowed to be used for the purpose of graveling, macadamizing, building stone roads, or in any other way in the discretion of the township board, providing for the better construction, improvement and care of the highways in such township: Provided, That two-thirds of the legal voters of such township voting upon said proposition at a township meeting, a general election, or a special election called by the township board for that purpose, shall vote in favor thereof. SEC. 2. The commissioner of highways shall have charge and supervision, under the direction of the township board, of such graveling, macadamizing, building of stone roads, or of any other improvements of the highways of such township, as may be authorized under the provisions of this act, and all moneys paid out there for shall be paid on the order of the commissioner of highways, countersigned by the township |