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Act repealed.

[No. 144.]

AN ACT to repeal act number three hundred sixteen of the public acts of nineteen hundred nineteen, entitled "An act to permit the spearing of red horse, suckers and mullet in Clinton river and Belle river, together with their tributaries, during the months of March and April of each year."

The People of the State of Michigan enact:

SECTION 1. Act number three hundred sixteen of the public acts of nineteen hundred nineteen, entitled "An act to permit the spearing of red horse, suckers and mullet in Clinton river and Belle river, together with their tributaries, during the months of March and April of each year," is hereby repealed. Approved April 30, 1925.

"Fancy table
grapes",
how packed.

Bunches.

"No. 1 grapes".

[No. 145.]

AN ACT to provide for standard grades for grapes; to provide penalty for violation; to provide for inspection, and to repeal act number fifty-four, public acts of nineteen hundred twenty-three.

The People of the State of Michigan enact:

SECTION 1. "Fancy Table Grapes" shall be packed in two or four quart climax baskets or carriers of two or more small units, or any container of less than twelve quart (sixteen pound) capacity, and shall consist of grapes of one variety which are sound, well colored, mature, firmly attached to capstems, and free from split, crushed, wet, soft, dried, shattered berries, mildew, berry moth, russeting and damage caused by other diseases, insects, mechanical or other means. Bunches shall be compact for the variety, excepting compact portions of bunches consisting of three or more berries to fill open spaces between full bunches. Bunches shall be packed with stems concealed as nearly as may be. Not more than ten per cent, by count, of the berries may be below the grade requirements, and not more than two per cent of berries, by count, injured by mechanical means, nor more than one per cent may be affected by dry rot. In addition, not more than five per cent by count, of any lot may consist of bunches not compact. SEC. 2. "No. 1 Grapes" shall be packed in twelve quart (sixteen pound) capacity climax baskets, or larger containers, and shall consist of grapes which meet the requirements of the fancy table grade, except that not more than one-fourth, by count, of less compact bunches shall be permitted in this

grade, together with a tolerance of two per cent by count, for dry rot, and three per cent by count, injured by mechanical means. Facing bunches shall be packed with stems concealed as nearly as may be.

SEC. 3. "No. 2 Grapes" shall be packed in twelve quart "No. 2 (sixteen pound) capacity climax baskets, or larger capacity, grapes". and shall consist of sound, marketable grapes which means grapes that have a marketable value, but does not include green, unripe bunches, which do not meet the requirements of either of the foregoing grades.

SEC. 4. "Frosted Grapes." Grapes that have been subjected "Frosted to frost injury prior to harvest may be packed only in twelve grapes". quart (sixteen pound) capacity climax baskets, or containers of larger capacity, and graded according to the standards as provided in section two or section three of this act, and shall be designated as "No. 1 Frosted" or "No. 2 Frosted," as the case may be. Marking of "Frosted" shall be in letters not less than one-half inch in height.

SEC. 5. Marking requirements. All containers shall be Marking. clean and in good condition, and shall be conspicuously and legibly marked declaring: (1) The name and address of the person, firm or association under whose authority the grapes were packed, sold or offered for sale. (2) The name of the grade. (3) The net contents. (4) The name of the variety of the grapes. If the variety of the grapes is unknown, it shall be so stated. Excepting as otherwise provided in this act, the labeling or marking of the containers shall be done with letters not less than one-fourth inch in height before leaving the premises of the person or persons responsible for the grading and packing.

defined.

SEC. 6. Definition of Terms. "Well Colored" means that Terms ninety per cent of the grapes have solid color for the variety. "Mature" means that grapes have flavor characteristic of the variety. "Dry Rot" means dried up, raisin-like grapes. "Less Compact" means that bunches must have at least seventy-five per cent as many berries as compact bunches of the same dimension. "Small Units" means not to exceed four quart capacity containers.

SEC. 7. The commissioner of agriculture, his inspectors or who may agents, for the purpose of inspection and enforcement of this inspect. act, or any section or part of section thereof, are given authority and power to enter into or upon any premises or property, without warrant, where grapes are packed, exposed, offered or consigned for sale, or held in possession for storage or delivery, and inspect the same, also procure, upon market value being tendered or accepted, sufficient samples to present as evidence in obtaining complaint for prosecution.

SEC. 8. Any person convicted of violating any of the pro- Penalty. visions of this act shall, upon conviction thereof for the first offense, be subject to a fine of not more than fifty dollars, or imprisonment in the county jail for not to exceed thirty days, or both such fine and imprisonment in the discretion of the court. Any person convicted for the second and subsequent

Act

repealed.

violations shall be subject to a fine of not more than two hundred dollars, or thirty days in jail, or both such fine and imprisonment in the discretion of the court or magistrate before whom such conviction may be had.

Act number fifty-four of the public acts of nineteen hundred twenty-three is hereby repealed. Approved April 30, 1925.

Certain words construed.

"Settlement".

[No. 146.]

AN ACT to revise and consolidate the laws relating to the relief and support of poor persons; to prescribe penalties for violations of certain provisions of this act, and to repeal certain acts relating to poor persons.

The People of the State of Michigan enact:

CHAPTER I.

Support of Poor by Private Persons.

SECTION 1. The words "poor" and "poor persons" as used in this act shall be construed to mean those who have no property, exempt or otherwise, and who are unable, because of physical or mental disabilities, to earn a livelihood, or those who have some means and to whom relief and support granted under the provisions of this act will, in the opinion of the superintendents of the poor of the county in which the persons have gained a legal settlement, be conducive to the welfare of such persons and to the best interests of the public. The word "settlement" shall be construed to mean the place where any person has last continuously lived, for a period of one year, "Residence", without receiving any public relief and support. The words. "residence" and "inhabitant" when used to designate the place where any person, coming under the provisions of this act, may be living, shall be construed to mean "settlement." The word "settled" shall be construed to mean the place of settlement. The word "relative" shall be construed to include a husband and wife.

etc.

"Settled".
"Relative".

Who liable for support.

Order to compel relief.

SEC. 2. The husband, wife, father, grandfather, mother, grandmother and children of any poor person, being of sufficient ability, shall jointly or severally relieve, maintain and support said poor person in such manner as shall be approved by the superintendents of the poor of the county in which such poor person is settled.

SEC. 3. Upon the failure of any relative to relieve and maintain any such poor person, it shall be the duty of the superintendents of the poor of the county where such poor person may be settled, to apply to the probate court of the county

where such relative may dwell, for an order to compel such relief; of which application at least ten days' notice in writing shall be given, by serving the same personally, or by leaving the same at the dwelling place of the person to whom it may be directed, in case of his absence therefrom, with some person of sufficient age.

SEC. 4. The court to which such application may be made, Hearing. shall proceed in a summary way to hear the proofs and allegations of the parties, and shall order such of the relatives aforesaid of such poor person, as appear to be of sufficient ability, to relieve and maintain such poor person, and shall therein specify the sum which will be sufficient for the support of such poor person, to be paid weekly to the superintendents of the poor.

SEC. 5. The said court shall also in such orders direct the what court relative or relatives who shall perform that duty, in the fol- to direct. lowing order: The husband or wife shall be first required to maintain such poor person, if of sufficient ability; if there be no husband or wife, or he or she be not of sufficient ability, then the father of such poor person; if there be no father or he be not of sufficient ability, then the children, if they be able to do so; if there be no such children, or they be not of sufficient ability, then the mother, if she be able to do so; if there be no father, mother nor children, or if they be not of sufficient ability, then the grandfather and grandmother, or either of them, if they be able to do so.

SEC. 6. If it shall appear that any such relative is unable who to wholly to maintain such poor person, but is able to contribute maintain. towards his support, the court may, in its discretion, direct two or more relatives of different degrees to maintain such poor person, and shall prescribe the proportion which each shall contribute for that purpose; and if it shall appear that the relatives liable as aforesaid are not of sufficient ability wholly to maintain such poor person, but are able to contribute something therefor, the court shall direct the sum, in proportion to their ability, which such relation shall severally pay weekly for that purpose.

time.

SEC. 7. Such order may specify the time during which the Order to relatives aforesaid shall maintain such poor person, or dur- specify ing which any of the said sums so directed by the court shall be paid, or it may be indefinite, or until the further order of the court; and the said court may from time to time vary such order, whenever circumstances shall require it, on the application either of any relative affected thereby, or of any superintendent of the poor, upon ten days' notice being given in the manner aforesaid.

SEC. 8. The costs and expenses of any application under costs, etc., the provisions of this chapter, shall be ascertained by the who to pay. court, and paid by the relatives against whom any order may be made, and the payment thereof, and obedience to the order of maintenance, and to any order of such court for the payment of money as aforesaid, may be enforced by process of attachment from such court.

Neglect, etc., to maintain,

etc.

Abandonment, etc.

May seize goods, etc.

Inventory.

Approval by court.

Sales, etc.,

when vold.

SEC. 9. If any relative, who shall have been required by such order to relieve or maintain any poor person, shall neglect to do so in such manner as shall be approved by the superintendents of the poor of the county where such poor person may be settled, and shall neglect to pay to the superintendents of the poor of the county, weekly, the sum prescribed by the court for the support of such poor person, the said superintendents may maintain an action against such relatives, as for moneys paid, laid out and expended, and shall recover therein the sum so prescribed by the said court for every week the said order shall have been disobeyed, up to the time of such recovery, with costs of suit, for the use of the poor. If any such relative, being of sufficient ability, fails or refuses to obey the order of the court to relieve or maintain any poor person, and upon proceedings duly had for that purpose, has been found guilty of contempt of court for such failure or refusal, the court, on the making of such order, holding such party in contempt, in addition to the other remedies provided by law, may make an order placing such delinquent on probation or may order him confined in either one of the state prisons or in the Detroit house of correction, or other penal institution within this state, where his earnings, or at least one-half of such earnings, shall be applied to the support of such poor person until the order or decree of such court has been complied with, or until the further order of the court, but for a period of not exceeding one year.

SEC. 10. Whenever the father, or the mother, being a widow or living separate from her husband, shall abandon, neglect, or refuse to maintain his or her children, or a husband shall abandon, neglect, or refuse to maintain his wife, leaving any of them chargeable, or likely to become chargeable, upon the county for their support, a superintendent of the poor of the county where such wife or children may be, may seize upon and take immediate possession of the goods, chattels, effects, things in action, and the lands and tenements of any such father, mother or husband, wherever the same may be found in the said county; and the said superintendent shall make an inventory of the property so seized, a copy of which shall be left with the owner of the same, or at his or her last known place of residence, together with a notice to appear before the probate court of the said county within one week after such seizure, and show cause why such seizure should not have been made. Said notice shall state the time, place, and officer before whom a hearing may be had.

SEC. 11. Upon the due proof of the facts aforesaid, the said probate court shall indorse upon said inventory his approval of the proceedings, and the superintendents of the poor of said county shall then be vested with all the rights and title to the said property, things in action, and effects which the person so abandoning, neglecting or refusing to support as aforesaid, had at the time of seizure.

SEC. 12. All sales and transfers of any personal property of such father, mother, or husband, made by him or her, after

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