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Third. B GRADE. Shall consist of one variety, which are B Grade. firm, handpicked, well grown, fairly well formed, ring faced, apparently free from serious damage caused by dirt, bruises, hail, disease, insects or mechanical or other means except those incident to proper packing. Each apple must be not less than two and one-quarter inches in diameter, except as otherwise provided; not more than fifteen per cent may be below the grade requirements.

Fourth. COMMERCIAL GRADE. Shall consist of one Commercial variety of marketable fruit which does or does not conform to grade. the foregoing grade requirements, except that apples must be not less than two inches in diameter; apparently free from decay and must not have skins broken; ten per cent tolerance on undersize.

It shall be deemed a violation of this act when more than twenty-five per cent of the apples in any one package are inferior in color, size or quality than the faced or shown

surface.

SEC. 2. COLOR REQUIREMENTS. Color means that por- Color. tion of the surface of an apple which shows a good shade of red characteristic of the variety. "Fine color" refers to the amount specified in Michigan Fancy and "good color" refers to the amount specified in Michigan "A" as follows:

Solid Red Varieties, such as Arkansas Black, Gano (Black Ben Davis), King David, Spitzenburg (Esopus), Winesap, and other solid red varieties shall have seventy-five per cent for Michigan Fancy and thirty-three and one-third per cent for Michigan "A".

Striped or Partial Red Varieties, such as Alexander, Delicious, Fameuse (Snow), King (Tompkins), Jonathan, Red Canada (Steeles Red), and Stayman, shall have fifty per cent for Michigan Fancy and twenty-five per cent for Michigan "A"; Baldwin, Ben Davis, McIntosh, Northern Spy, Rome, Wagener, Wealthy, and York Imperial shall have fifty per cent for Michigan Fancy and fifteen per cent for Michigan "A"; Gravenstein, Hubbardston, Oldenburg (Duchess), Twenty Ounce, and Wolf River, twenty-five per cent for Michigan Fancy and ten per cent for Michigan "A".

Red Cheeked or Blushed Varieties, such as Maiden Blush, Winter Banana, and other red cheeked and blushed varieties, shall have blushed cheek for Michigan Fancy and a tinge of color for Michigan "A".

Yellow, Russet, or Green Varieties, such as Rhode Island Greening, Golden Russet, Newtown Pippin (Albemarle Pippin), Tolman Sweet, Grimes Golden, and other yellow, russet, or green varieties, shall have characteristic color. SEC. 3. Definition of Terms and Sizes.

Terms

Mature defined

"Well grown" means mature, but not over-ripe. means having reached the stage which will insure the completion of the ripening process.

"Well formed" means characteristic shape of the variety. "Fairly well formed" means not to cause more than ten per cent additional waste in paring them than "well formed".

and sizes.

Marking.

Inspection

of closed packages.

Enforce

ment of act.

Penalty for violations.

"Free from serious damage" means that no defects materially deform or discolor the fruit or injure its keeping quality. Scab, spots, fruit spots, or other defects exceeding an aggregate area of one-half inch in diameter shall be considered serious damage.

The words "closed container", as used in this act, shall be construed as a basket, box, barrel, or any package the contents of which cannot all be inspected when prepared for market.

Such apples as Red Astrachan, Yellow Transparent, Chenango, Maiden Blush, Black Gilliflower, Grimes, Jonathan, Fameuse, King David, Spitzenburg, Tolman Sweet, Red Canada, and Golden Russet shall not be less than two and onequarter inches in diameter in Michigan "A" grade or two inches in Michigan "B" grade.

SEC. 4. MARKING REQUIREMENTS. Before being removed from premises of grower, packer, or dealer, all closed containers packed for sale, shipment, delivery, consignment, or sold, shall bear upon the outside of each container or cover, either by stamp, label, or stencil, the following: Name and address of grower or dealer; name of the variety, when known; if not known, then "Unknown"; the grade and the minimum size. The Michigan Fancy and Michigan Uniform "A" grades shall also bear the maximum size mark. Letters used in marking shall be at least one-quarter inch high. In re-using any container or cover that bears any brands or markings describing previous contents, such brands or markings, if they are inconsistent, must be removed or obliterated. SEC. 5. The commissioner of agriculture, or his inspectors. are hereby given permission to enter in or upon any premises or property for the purpose of inspecting closed packages of apples and securing evidence of the violation of this act and to procure a sample or samples upon market value being tendered or accepted.

SEC. 6. It shall be the duty of the commissioner of agriculture to enforce this act. The commissioner of agriculture may promulgate rules and regulations to carry out the provisions of this act.

SEC. 7. Any person, association, corporation, (principal or agent) who packs for sale, ships for sale, offers or consigns for sale or sells in closed packages, apples which are not graded, packed and branded in accordance with the provisions of this act and the regulations made hereunder, or has in his possession for sale any closed packages of apples which bear any false statement, design or device regarding such fruit, or who violates any of the other provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than ten dollars, nor more than fifty dollars and cost for the first offense, and not more than one hundred dollars and cost for subsequent offenses, not more than thirty days in the county jail upon failure to pay such fine and cost, or both in the discretion of the court.

The act, omission, or failure of any employee or any person or persons, shall, in every case, be deemed also the act, omission, or failure of the employer.

repealed.

SEC. 8. Act number two hundred sixty-six of the public Acts acts of nineteen hundred twenty-three and all other acts or parts of acts inconsistent herewith are hereby repealed. Approved April 23, 1925.

[No. 83.]

AN ACT to amend section nineteen of chapter one hundred fifty-three of the revised statutes of eighteen hundred fortysix, entitled "Of offenses against the lives and persons of individuals," being section fifteen thousand two hundred ten of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section nineteen of chapter one hundred fifty- Section three of the revised statutes of eighteen hundred forty-six, amended. entitled "Of offenses against the lives and persons of individuals," being section fifteen thousand two hundred ten of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows:

threats to

SEC. 19. If any person shall, either orally or by a written Malicious or printed communication, maliciously threaten to accuse extort another of any crime or offense, or shall orally or by any writ- money, etc. ten or printed communication maliciously threaten any injury to the person or property or mother, father, husband, wife or child of another with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened, to do or refrain from doing any act against his will, he shall be punished by imprisonment in Penalty. the state prison or in the county jail not more than two years or by a fine not exceeding one thousand dollars, in the discretion of the court.

Approved April 23, 1925.

[No. 84.]

AN ACT to fix the jurisdiction of certain justices of the peace in cases of replevin and attachment.

The People of the State of Michigan enact:

SECTION 1. In all cities where the jurisdiction of justices Jurisdiction of the peace in civil actions upon contract has been increased of justices.

to five hundred dollars by charter or otherwise, such justices
of the peace shall have original jurisdiction in all cases of
replevin and attachment wherein the value of the property
involved does not exceed one hundred dollars and concurrent
jurisdiction in all such cases wherein the value of the property
involved does not exceed five hundred dollars.
Approved April 23, 1925.

Section amended.

Assessment

rolls, ex

[No. 85.]

AN ACT to amend section thirty-four of act number two hundred six of the public acts of eighteen hundred ninety-three, entitled "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; and to repeal act number two hundred of the public acts of eighteen hundred ninety-one, and all other acts and parts of acts in anywise contravening any of the provisions of this act," being section four thousand twenty-eight of the compiled laws of nineteen hundred fifteen, as amended by act number three hundred eighty of the public acts of nineteen hundred twenty-one.

The People of the State of Michigan enact:

SECTION 1. Section thirty-four of act number two hundred six of the public acts of eighteen hundred ninety-three, entitled "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; and to repeal act number two hundred of the public acts of eighteen hundred ninety-one, and all other acts and parts of acts in anywise contravening any of the provisions of this act," being section. four thousand twenty-eight of the compiled laws of nineteen hundred fifteen, as amended by act number three hundred eighty of the public acts of nineteen hundred twenty-one, is hereby amended to read as follows:

SEC. 34. The board of supervisors in each county shall, at amination of. their session in June in each year, examine the assessment rolls of the several townships, wards or cities, and ascertain whether the real and personal property in the respective

townships, wards or cities has been equally and uniformly assessed at true cash value. If, on such examination, they shall deem such assessments to be relatively unequal, they Equalization. shall equalize the same by adding to or deducting from the valuation of the taxable property in any township, ward or city, or townships, wards or cities, such an amount as in their judgment will produce a sum which represents the true cash value thereof, and the amount added to or deducted from the valuations in any township, ward or city, shall be entered upon the records. They shall also cause to be entered upon their records the aggregate valuation of the taxable real and personal property of each township, ward or city in their county as determined by them. The board shall also make such alterations in the description of any lands upon such rolls as may be necessary to render such descriptions conformable to the requirements of this act. After such rolls shall have been equalized, each shall be certified to by the chairman and clerk of the board and be delivered to the supervisor of the proper township, ward or city, who shall file and keep the same in his office.

Any supervisor of any township or city who considers his Appeals. township or city aggrieved by the action of the board of supervisors of which he is a member, in equalizing the valuations of the several townships, wards or cities of the county, may appeal from such determination to the board of state tax commissioners in the manner herein provided. When- Petition. ever any such supervisor desires to appeal from such determination by the board of supervisors, he shall within five days after such determination is made or within five days after adjournment of the board of supervisors, file with the clerk of the said board of supervisors a written or printed petition which shall set forth in detail his reasons for taking such appeal. The said petition shall be signed and sworn to what to by the supervisor taking the appeal; shall show that the show, etc. equalization as made by the said board of supervisors was objected to by certain members thereof; that a certain township, ward or city, as the case may be, has been discriminated against in such equalization, and shall pray that said board of state tax commissioners proceed at its earliest convenience to review the action from which appeal is taken. It Duty of shall be the duty of the clerk of the board of supervisors to forthwith serve such petition personally or by registered mail upon the board of state tax commissioners. The said board Board to of state tax commissioners shall upon receipt of such peti- petition. tion, forthwith examine same, and if in its judgment there is a showing to the effect that the equalization complained of is unfair, unjust, inequitable or discriminatory may proceed at once to make an investigation of the matters set forth in said petition. The said board of state tax commissioners shall Authority have the same authority to consider and pass upon the action and determination of the said board of supervisors in equalizing said valuations as it has to consider complaints relative to the assessment and taxation of property. The said board

clerk.

examine

of board.

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