[No. 91.] AN ACT to amend section three of act number one hundred fifty-one of the public acts of nineteen hundred thirteen, en"An act providing for the protection of the public health and the prevention of fraud and deception, by prohibiting the sale, the offering for sale or exposing for sale or the having in possession with intent to sell, of adulterated or deleterious sausage; defining sausage; and prescribing the penalty for the violation hereof," being section six thousand five hundred eleven of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: amended, SECTION 1. Section three of act number one hundred fifty- Section one of the public acts of nineteen hundred thirteen, entitled "An act providing for the protection of the public health and the prevention of fraud and deception, by prohibiting the sale, the offering for sale or exposing for sale or the having in possession with intent to sell, of adulterated or deleterious sausage; defining sausage; and prescribing the penalty for the violation hereof," being section six thousand five hundred eleven of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 3. For the purpose of this act, sausage shall be Sausage, deemed to be adulterated: First, If it contains added water in excess of the quantity required to bring the amount up to that which the meats from which it is prepared contain immediately after slaughter; Second, If it contains any cereal or vegetable flour; Third, If it contains any artificial color, coal-tar dye, boric acid or borates, sulphites, sulphur dioxide, sulphurous acid, or any other substances injurious or deleterious to health; when deemed adulterated. Fourth, If it contains any diseased, contaminated, filthy or decomposed substance; or is manufactured, in whole or in part, from a diseased, contaminated, filthy or decomposed substance, or a substance produced, stored, transported or kept in a way or manner that would render the article diseased, contaminated or unwholesome; or if it is any product of a diseased animal, or the product of any animal which has died otherwise than by slaughter. Nothing in this act shall Label. be construed as prohibiting the sale of sausage which when properly labeled shall conform to the following standard: Sausage shall not contain cereal in excess of two per cent. When cereal is added its presence shall be noted on the label or on the product. That water or ice shall not be added to it except for the purpose of facilitating grinding, chopping and mixing, in which case the added water or ice shall not exceed three per cent except as provided in the following para When may contain water. graph. Sausages of the class which are cooked or smoked, Sections amended. Section added. May purchase, etc.. erty. [No. 92.] AN ACT to amend sections one, two, three, four, six, eight, eleven, twenty-three and twenty-seven of act number three hundred fifty-two of the public acts of nineteen hundred twenty-five, entitled "An act to provide for the purchase and condemnation of private property for public highway purposes," approved May twenty-seventh, nineteen hundred twenty-five, and to add thereto a new section to stand as section twenty-eight. The People of the State of Michigan enact: SECTION 1. Sections one, two, three, four, six, eight, eleven, twenty-three and twenty-seven of act number three hundred fifty-two of the public acts of nineteen hundred twenty-five, entitled "An act to provide for the purchase and condemnation of private property for public highway purposes", approved May twenty-seventh, nineteen hundred twenty-five, are hereby amended, and a new section is hereby added to stand as section twenty-eight, said amended and added sections to read as follows: SEC. 1. Township highway commissioners, by and with certain prop- the approval of their respective township boards, boards of county road commissioners, and the state highway commissioner are hereby authorized and empowered to secure by 'gift or purchase from the owners thereof: (a) Property for the right of way for any road to be laid out, altered, or widened, or for changing the line thereof; (b) Gravel, rock, sand, dirt and any and all other materials that may be needed for the proper construction, improvement or maintenance of a road; (c) Property deemed by the commissioner or commissioners to be necessary to give to persons using a road a clear view of approaching persons and vehicles, cars, trains and other instruments of travel, at any intersection of a road with another road or with a railroad or railway track; (d) Property deemed by the commissioner or commissioners to be necessary to change the channel of any water course, natural or artificial, in order to maintain a proper alignment of any road without crossing such water course and the riparian rights of any person, firm or corporation in or per taining to any such water course; (e) The fee or any lesser estate in land abutting on any highway right of way and deemed by the commissioner or commissioners to be necessary for the storage of road machinery, equipment or materials; (f) Any and all other property and property rights deemed by the commissioner or commissioners having jurisdiction over a road to be necessary for the proper construction, improvement or maintenance thereof; take. (g) The state highway commissioner and boards of county who may road commissioners are authorized and empowered to take property and property rights under the provisions of this act within the limits of any incorporated city or village in this state: Provided, however, That before any proceedings are Proviso. taken under this act involving the taking of any property or property rights in any city or village for the changing, altering, opening or widening of any street or highway, said street or highway shall be taken over as county road or designated as a state trunk line road or federal aid road, as the case may be, and the consent of the village or city council by resolution to so take over or designate said street or highway as a county road or state trunk line road or federal aid road shall be first obtained. secured. SEC. 2. Property for a township road shall be secured by By whom the township highway commissioner and shall be taken in the name of the township. Property for a county road shall be secured by the board of county road commissioners and shall be taken in the name of the county. Property for trunk line highway purposes shall be secured by the state highway commissioner and shall be taken in the name of the state. Excepting in those cases where excess property is taken for highway purposes such property shall be taken in the name of the state highway commissioner. Property for right of way shall be acquired by a release duly executed by the owner or owners of the lands and acknowledged and witnessed in the manner provided by law for the acknowledging and witnessing of deeds. All such releases shall be recorded in the office of the register of deeds of the county in which the land is situated. for. SEC. 3. Property for road purposes shall be paid for by the How paid commissioner or commissioners out of any funds under their control, available for that purpose. tion of SEC. 4. Whenever the commissioner or commissioners Determinashall be unable to agree with any person interested in any necessity. such property for the purchase thereof, or whenever such person shall be unknown or a non-resident of the county, or a minor or an insane or incompetent person, the commis Proviso, notice of hearing. How served. Non-residents. Proviso, appeal. Notice, what to state, etc. sioner or commissioners may make a written determination of the necessity of the particular road construction, improvement or maintenance project for which such property is desired, the necessity for taking the particular property described and the damages which, in the opinion of the commissioner or commissioners, should be paid as compensation for the taking of each parcel of such property. Such determination shall also describe the property desired and shall give the name of each person interested therein, so far as known to the commissioner or commissioners making the determination. The declaration of the commissioner or commissioners that he or they have been unable to agree with the owner, or owners, for the purchase of such property and his or their determination of the necessity of the project and of taking the particular property described therefor, shall not thereafter be questioned: Provided, That no such determination shall be made except after a hearing, of which written notice shall be given of the time and place for such hearing to all persons interested so far as known in the property desired, at least seven days before the time of hearing, such notice to be served in any of the following ways: (a) Personally, or (b) By leaving a copy at the residence of the person or persons interested, or (c) By mailing a copy thereof by registered mail addressed to the last known postoffice address of each person or persons so far as known, and by publication in some newspaper printed or circulated in the county in which such lands are located at least seven days prior to date of hearing, or (d) In case of non-residents, by posting copies thereof in five conspicuous places in the township, one of which shall be on the property: And provided further, That any person feeling himself aggrieved by any determination of a township highway commissioner may, within five days after such determination, appeal therefrom to the township board in the manner that appeals are or may be taken from determinations of township highway commissioners relative to laying out a new road; and when any such appeal shall be taken the determination of the township highway commissioner shall not be of any force or effect unless and until the same be confirmed by the township board on such appeal. SEC. 6. Upon the filing of such determination and proof of payment or deposit as above provided, the commissioner or commissioners having the matter in charge shall give notice thereof to the owners or occupants of the property therein described, which notice may be served either personally or by mailing the same to the last known postoffice address of the person or persons to be served, and shall state that the said commissioner or commissioners are about to take possession of said property for the public highway purposes in said determination stated, and may also contain a notice to the owners or occupants of such property to remove their fence or fences and other obstructions and encroachments within ten days thereafter. Upon the filing of such determination and the Where title giving of such notice, as aforesaid, the title, and the right of to vest. possession to all of the property and property rights described in the determination shall vest in the township, county or state, as the case may be, for the purpose or purposes therein stated, and in case the owners or occupants thereof shall neglect or refuse to remove their fence, fences and other obstructions and encroachments within ten days, the commissioner or commissioners shall have full power, and it shall be their duty to enter upon the premises with such aid and assistance as shall be necessary and remove such fence or fences, obstructions or encroachments without delay: Pro- Proviso. vided, That no person interested as owner, or otherwise, in any of the property described in such determination, shall be required to vacate any lands or premises or move any dwelling house or other building until after the damages to be paid as compensation, for the taking of such property, have been determined and paid or tendered. hearing. SEC. 8. Upon the filing of the petition, the court shall Order for make an order fixing a day for the hearing on such petition, which shall be not less than fifteen days thereafter. Such order shall recite the names of the persons mentioned in the petition and the descriptions of each piece or parcel of property and shall state the purpose of the petition. А сору of such order shall be served, at least ten days before the day of hearing, upon each person named therein as being interested in the property to be taken, who is a resident of the county in which the property is located, and also upon the person or persons in possession of such property if it is in the possession of any person or persons other than the owner. Such service may be made personally or by leaving at the place of residence of the person to be served. Service may also be made upon persons interested in the property who are non-residents of the county. of. SEC. 11. Such order shall be published in some newspaper Publication published and circulated in the county, or in such other paper as the court may direct, at least twice within fifteen days prior to the day of hearing, and a copy of such order shall be mailed to each absent or non-resident person at his last known postoffice address, by registered mail, and a return receipt demanded. Proof by affidavit shall be made of such mailing, and whether or not a return receipt was received, and if one was received, it shall be attached to said affidavit; but such publication and mailing shall not be necessary in any case in which a copy of such order has been served on each such absent or non-resident person. included. The provisions of this chapter shall be deemed what rights to extend to and include the right to acquire and take property and property rights held, reserved, owned, used or occupied by any cemetery association or municipality, or by any person, firm, society, association or corporation for cemetery |