or associations not primarily for profit, for the purpose of insuring and providing a reasonably certain and stable market for, and distribution of, such products upon terms fair and reasonable to the public and to themselves, and bargaining with distributors of such products singly or collectively in relation thereto, nor shall such co-operative undertaking, corporations, associations or members thereof be held or construed to be illegal combinations or conspiracies in restraint of trade. Approved April 20, 1925. [No. 61.] AN ACT to make appropriations for the state highway department for the fiscal years ending June thirty, nineteen hundred twenty-six, and June thirty, nineteen hundred twenty-seven, for certain specific purposes, and to designate the source from which money so appropriated shall be paid. The People of the State of Michigan enact: SECTION 1. There is hereby appropriated for the state Amounts highway department for the fiscal year ending June thirty, and purposes. nineteen hundred twenty-six, the sum of two hundred seventyseven thousand three hundred twenty-five dollars, and for the fiscal year ending June thirty, nineteen hundred twentyseven, the sum of two hundred seventy-seven thousand three hundred twenty-five dollars, which appropriation shall be a charge upon the state highway fund derived from the net income of the state from the registration of motor vehicles, drivers and chauffeurs, and which sums shall be expended for the following purposes: Personal service .. Supplies and contractual service.. For fiscal year ending June 30, 1926 For fiscal year ending June 30, 1927 $155,650.00 $155,650.00 87,600.00 87,600.00 Miscellaneous engineering account Totals $277,325.00 $277,325.00 Each of said amounts shall be used solely for the specific purposes stated: Provided, That the number of employes, Proviso. and the compensation to be paid thereto, and all disbursements hereunder shall be subject to the approval of the state administrative board. The amounts hereby appropriated shall be paid out of the state highway fund in accordance This act is ordered to take immediate effect. Wages paid semimonthly. Proviso. Proviso. Further proviso. [No. 62.] AN ACT regulating the time and manner of payment of wages to employes and to certain relatives and creditors in case of the employe's death; the taxing of an attorney fee in actions brought by employes to collect wages in addition to other costs; making it the duty of the department of labor and industry to enforce its provisions, and to provide a penalty for the violation of same. The People of the State of Michigan enact: SECTION 1. Every employer of labor in the state of Michigan, except employers of farm labor, domestic labor and employes of the state or any subdivision thereof shall, on or before the first day of each calendar month, pay to each employe engaged in his or its employment, the wages earned during the first half of the preceding calendar month, ending with the fifteenth day thereof, and on or before the fifteenth day of each calendar month to each employe the wages earned by him during the last half of the preceding calendar month. Provided, however, That nothing herein shall be construed to prohibit the payment of wages oftener than herein provided. Any employe, leaving his or her employment between the dates of any established pay day hereunder shall be paid the wages earned and due at the time of leaving, within three days after a demand has been made for same. But, any employe, discharged from his or her employment or absent from his or her place of employment on such regular pay day shall be paid the wages earned and due such employe forthwith as soon as the amount due can with the utmost diligence be ascertained: Provided, That, unless upon such demand, none of the provisions of this act shall apply to employes working under contract, where the amount due cannot be ascertained until the termination of the contract, but in all cases of employes working under contract, the employer shall pay to such employe semi-monthly wages earned by such employe as nearly as the same can be estimated, and final and complete payment shall be made at the termination of the contract: Provided further, That in the case of a disagreement between an employe and an employer regarding the amount of wages due to an employe, the employer shall be deemed to have complied with the provisions of this act if the payment of the wages claimed to be correct by the employer is paid to the employe on the regular pay day on which such wages are due, and in case the employe proves his claim for more wages due him than has been paid by the employer, the employer shall pay the additional amount due the employe immediately. The payment of such wages and compensation shall be paid in lawful money of the United States or by any good and valuable negotiable check or draft payable on presentation thereof at some bank or established place of business without discount, in lawful money of the United States and not otherwise: Provided, however, That Proviso. nothing in this act shall be construed as to prohibit a deduction from the wages or compensation of any employe, any indebtedness or obligation owed by such employe to the employer, rates or assessments becoming due to any hospital association or to any relief, savings or other department or association maintained by the employer for the benefit of the employes. dies. SEC. 2. In case of the death of any employe, the employer Payment in may pay the wages due to such deceased employe, to the wife, case employe children, father or mother, sister or brother, (preference being given in the order named) of the deceased employe without requiring letters of administration to be issued upon the estate of said deceased employe, and if such deceased employe shall not leave a wife, children, father, mother, sister or brother surviving him, then the employer may pay the wages due such deceased employe, to the creditors of such deceased employe as follows: Undertaker, physician, hospital, boarding house keeper and nurse, each their pro rata share of wages due such employe, upon a sworn statement of the amount due, without letters of administration being issued. And the payment of such wages shall be a full discharge and release of the employer from the wages so due and paid. clude. SEC. 3. Whenever it shall become necessary for the Judgment, employe to maintain an action at law, for the recovery or what to incollection of any wages due as provided for by this act, and when a regularly licensed attorney is employed, then such judgment in addition to the legal rate of interest and taxable costs shall include an attorney fee of not less than five dollars nor more than fifteen dollars in the discretion of the court in favor of the successful party to be taxed as part of the costs in the case. SEC. 4. It shall be the duty of the department of labor Enforcement. and industry to enforce the provisions of this act and upon due notice the prosecuting attorney of any county in which a violation of this act has occurred shall prosecute the same according to law. meanor, SEC. 5. Any employer, unless prevented by act of God, Misdeproceedings in bankruptcy, or orders or processes of any penalty. court of competent jurisdiction, or circumstances over which such employer has no control, who shall fail to make payment of the wages due any employe as provided in this act, shall be guilty of a misdemeanor and upon conviction thereof, Saving clause. shall be punishable by a fine of not to exceed one hundred dollars. SEC. 6. If any section or part of a section of this act be held invalid for any reason it is hereby declared to be the legislative intent that the remaining provisions of this act would have been enacted without such section or part held to be invalid having been included therein. Approved April 21, 1925. Property of state. License and seal. Non-resident license. What to authorize. May kill bear. [No. 63.] AN ACT to provide for the protection of bear. The People of the State of Michigan enact: SECTION 1. All bear found in this state in a wild state shall be declared to be the property of the state of Michigan and may only be killed as provided for in this act. SEC. 2. Any person who is a citizen of the United States and has been a bona fide resident of this state for six months then last past may procure a deer hunter's license and seal for himself, by filing his affidavit with the county clerk of the county where he resides or intends to hunt or with the director of conservation or any of his deputies, stating his name, age, place of residence, post office address, the color of his hair and eyes and the fact of whether he can or cannot write his own name, and paying to said person to whom he may apply for such license and seal the sum of two dollars and fifty cents. SEC. 3. Any non-resident of this state who is a citizen of the United States may procure a deer hunter's license and seal by filing his affidavit with the county clerk of the county or any of the counties in which he proposes to hunt or with the director of conservation or any of his deputies, in which affidavit the applicant shall state his name, age, place of residence, post office address, the color of his hair and eyes and the fact of whether he can or cannot write his own name and paying to said person to whom he shall apply for such license and seal the sum of fifty dollars. SEC. 4. Such license shall be dated when issued and shall authorize the person named therein to use firearms in hunting for or killing one male deer with antlers extending not less than three inches above the skull, during the open season for hunting deer as prescribed by law. This license shall also authorize the holder to kill with firearms one bear at any time during the open deer hunting season, but the trapping or poisoning of bears shall be unlawful, and it shall be unlaw ful for any person or persons to be found in the woods hunting deer or bear without a deer hunter's license. Any dog pursuing, killing or following upon the track of a deer or [No. 64.] AN ACT to amend section eighteen of chapter sixty-six of the revised statutes of eighteen hundred forty-six, entitled "Of estates in dower," being section eleven thousand six hundred sixty-seven of the compiled laws of nineteen hundred fifteen, as last amended by act number two hundred ninetyfive of the public acts of nineteen hundred twenty-three. The People of the State of Michigan enact: SECTION 1. Section eighteen of chapter sixty-six of the re- Section vised statutes of eighteen hundred forty-six, entitled "Of amended. estates in dower," being section eleven thousand six hundred sixty-seven of the compiled laws of nineteen hundred fifteen, as last amended by act number two hundred ninety-five of the public acts of nineteen hundred twenty-three, is hereby amended to read as follows: SEC. 18. If any lands be devised to a woman, or other pro- Election in vision be made for her in the will of her husband, she shall case of provision by make her election: will. (a) Whether she will take the lands so devised, or the provision so made; or (b) Whether she will be endowed of the lands of her husband; or (c) Whether she will take the same share or part of the real estate left by her husband as provided by law in case he had died intestate; but she shall not be entitled to more than one such choice, unless it plainly appears by the will to have been so intended by the testator. Approved April 23, 1925. |