SEC. 76. Definitions: (1) In this act, unless the context or subject matter otherwise requires "action" includes counterclaim, set-off and suit in equity. "Buyer" means a person who buys or agrees to buy goods or any legal successor in interest of such person. "Defendant" includes a plaintiff against whom a right of set-off or counterclaim is asserted. "Delivery" means voluntary transfer of possession from one person to another. "Divisible contract to sell or sale" means a contract to sell or a sale in which by its terms the price for a portion or portions of the goods less than the whole is fixed or ascer tainable by computation. "Document of title to goods" includes any bill of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business in the sale or transfer of goods, as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by indorsement or by delivery, goods represented by such document. "Fault" means wrongful act or default. "Fungible goods" means goods of which any unit is from its nature or by mercantile usage treated as an equivalent of any other unit. "Future goods" means goods to be manufactured or acquired by the seller after the making of the contract of sale. "Goods" includes all chattels personal other than things in action and money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. "Order" in sections of this act relating to documents of title means an order by indorsement on a document. "Person" includes a corporation or partnership or two or more persons having a joint or common interest. "Plaintiff" includes defendant asserting a right of set-off or counterclaim. "Property" means the general property in goods, and not merely a special property. "Purchaser" includes mortgagee and pledgee. "Purchases" includes taking as a mortgagee or as a pledgee. "Quality of goods" includes their state or condition. "Sale" includes a bargain and sale as well as a sale and delivery. "Seller" means a person who sells or agrees to sell goods, or any legal successor in the interest of such person. "Specific goods" means goods identified and agreed upon at the time a contract to sell or a sale is made. Certain acts not repealed. "Value" is any consideration sufficient to support a simple contract. An antecedent or pre-existing claim, whether for money or not, constitutes value where goods or documents of titles are taken either in satisfaction thereof or as security therefor. (2) A thing is done "in good faith" within the meaning of this act when it is in fact done honestly, whether it be done negligently or not. (3) A person is insolvent within the meaning of this act who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he is insolvent within the meaning of federal bankruptcy law or not. (4) Goods are in a "deliverable state" within the meaning of this act when they are in such a state that the buyer would, under the contract, be bound to take delivery of them. SEC. 76a. Act does not apply to existing sales or contracts to sell. None of the provisions of this act shall apply to any sale or to any contract to sell, made prior to the taking effect of this act. SEC. 76b. No repeal of uniform warehouse receipt act, uniform bills of lading act or bulk sales act. Nothing in this act or in any repealing clause thereof shall be construed to repeal or limit any of the provisions of the act to make uniform the laws of warehouse receipts or of the act to make uniform the laws of bills of lading or of act number two hundred twenty-three of the public acts of nineteen hundred five regulating the sales, transfers and assignments of sales of goods, merchandise and fixtures in bulk. All acts or SEC. 77. Inconsistent legislation repealed. SEC. 78. This act may be cited as the uniform sales act. [No. 101.] AN ACT to fix the number of assistant prosecuting attorneys, clerks, stenographers and investigators for prosecuting attorneys; to fix the terms of office and salaries of such assistants, clerks, stenographers and investigators, and to define the powers and duties of the same, in counties in this State having over three hundred fifty thousand inhabitants. The People of the State of Michigan enact: attorneys, etc. SECTION 1. In each county in the State of Michigan having Assistant a population of over three hundred fifty thousand inhabitants prosecuting the prosecuting attorney of such county is hereby authorized and empowered to appoint eight assistant prosecuting attorneys, to be known and designated as follows: Chief assistant prosecuting attorney, second, third, fourth, fifth, sixth, seventh and eighth assistant prosecutors, one chief clerk, one stenographer, one assistant stenographer and one investigating officer. SEC. 2. The salary of the chief assistant prosecuting at Salaries. torney shall not be less than three thousand five hundred dollars per annum; of the second and third assistant prosecutors, not less than three thousand dollars per annum, each; of the fourth, fifth, sixth, seventh and eighth assistant prosecutors, not less than two thousand five hundred dollars per annum, each; of the chief clerk, not less than eighteen hundred dollars per annum; of the stenographer, not less than eighteen hundred dollars per annum; of the assistant stenographer, not less than fifteen hundred dollars per annum; and of the investigating officer, not less than fifteen hundred dollars per annum. SEC. 3. The salary of the said chief assistant prosecuting Who to fix. attorney, said assistant prosecutors, and of the chief clerk, stenographer, assistant stenographer and investigating officer shall be fixed by the board of supervisors, and shall not be diminished during the term for which they shall be appointed, but in no instance at a figure less than that specified in section two above. SEC. 4. Said chief assistant prosecuting attorney, said Tenure of assistant prosecutors, chief clerk, stenographer, assistant office. stenographer and investigating officer shall hold office during the pleasure of the prosecuting attorney. SEC. 5. Said chief assistant prosecuting attorney and said Duties. assistant prosecutors shall perform such duties as may be required of them by the prosecuting attorney, and shall have the qualifications of the prosecuting attorney, and shall be subject to all the disqualifications and disabilities of the Oath of office. prosecuting attorney, and shall, before entering on the duties of their office, each take and subscribe the oath of office prescribed by the constitution of this State. Chief assist ant, when absent, etc. Resignation, etc., of prosecuting attorney, etc. Statement of SEC. 6. The chief assistant prosecuting attorney shall, in case of the absence, disability or sickness of the prosecuting attorney, discharge all the functions and perform all the duties of the office of prosecuting attorney; and in case of the absence, disability or sickness of both the prosecuting attorney and the chief assistant prosecuting attorney, the next ranking assistant shall discharge all the functions and perform all the duties of the office of prosecuting attorney. SEC. 7. In case of the death, resignation or removal of the prosecuting attorney, the chief assistant prosecuting attorney shall fill the vacancy in the office of prosecuting attorney, thus created, until the next general election, and until a prosecuting attorney is regularly elected and qualified, and shall receive the salary fixed for the prosecuting attorney by lawful authority; and in case of the death, resig nation or removal of both the prosecuting attorney and the chief assistant prosecuting attorney, the next ranking assistant shall fill the vacancy in the office of prosecuting attorney, thus created, until the next general election, and until a prosecuting attorney is regularly elected and qualified, and shall receive the salary fixed for the prosecuting attorney by lawful authority. SEC. S. The prosecuting attorney shall, within ten days appointments after entering on the execution of the duties of his office, file in the office of the county clerk a statement, in writing, of his appointments. SEC. 9. All acts and parts of acts conflicting with the provisions of this act are hereby repealed. Approved April 22, 1913. Section amended. [No. 102.] AN ACT to amend section fourteen of act number one hundred forty-six of the Laws of eighteen hundred fifty-seven, entitled "An act to provide for the organization of the supreme court, pursuant to section two of article six of the constitution," approved February sixteen, eighteen hundred fifty-seven, as amended by act number one hundred eighty-two of the Public Acts of eighteen hundred ninetythree, the same being compiler's section one hundred eightysix of the Compiled Laws of eighteen hundred ninety seven. The People of the State of Michigan enact: SECTION 1. Section fourteen of act number one hundred forty-six of the Laws of eighteen hundred fifty-seven, entitled "An act to provide for the organization of the supreme court, pursuant to section two of article six of the constitution," approved February sixteen, eighteen hundred fifty-seven, as amended by act number one hundred eighty-two of the Public Acts of eighteen hundred ninety-three, the same being compiler's section one hundred eighty-six of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 14. Each justice of the supreme court shall receive Salary. an annual salary of seven thousand dollars, payable out of the moneys in the State treasury belonging to the general fund not otherwise appropriated: Provided, That at least Proviso. one justice shall at all times be at the seat of government: Provided further, That all justices who have their residence Further elsewhere than in Lansing shall bear their own traveling proviso, expenses between their homes and Lansing. Approved April 22, 1913. residence. [No. 103.] AN ACT to prevent unlawful discrimination in the purchase of poultry, eggs, milk, cream and butter-fat, and to provide a punishment for the same. The People of the State of Michigan enact: crimination, SECTION 1. Any person, firm, copartnership or corporation Unfair disengaged in the business of buying poultry, eggs, milk, cream what deemed. or butter-fat for the purpose of manufacture, who shall with the intention of creating a monopoly or destroying the business of a competitor, discriminate between different sections, localities, communities or cities of this State by purchasing such commodity at a higher price or rate in one locality than is paid for the same commodity by said person, firm, copartnership or corporation in any other locality, after making due allowance for the difference, if any, in the actual cost of transportation from the locality of purchase to the locality of manufacture, shall be deemed guilty of unfair discrimination, and upon conviction thereof shall be punish- Penalty. ed by a fine not exceeding five hundred dollars or by impris onment in the county jail not to exceed six months. Approved April 22, 1913. |