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Review by certiorari.

Licensed merchants, list published.

Funds.

When shipper dissatisfied.

Misdemeanor, what deemed.

2. Where there has been a failure to account promptly and properly or to make settlements with intent to defraud; 3. Where there have been false statements as to condition, quality or quantity of goods received or held for sale on commission;

4. Where there have been false or misleading statements as to market condition with intent to deceive;

5.

Where there have been combinations to fix prices below the market level;

6. Where there has been a continual course of dealings of such nature as to satisfy the commissioner of inability of the commission merchant to properly conduct the business, or of an intent to deceive or defraud customers;

7. Where the commission merchant directly or indirectly purchases the goods for his own account without prior authority therefor, or without notifying the consignor there

of.

SEC. 5. The action of the commissioner in refusing to grant a license, or in revoking a license granted under this act, shall be subject to review by a writ of certiorari, and if such proceedings are begun; until the final determination of certiorari proceedings and all appeals therefrom, the license of such commission merchant shall be deemed to be in full force and effect, or if such license shall have been refused, such commission merchant shall not be deemed to have violated the provisions of this act, prohibiting the transaction of such business without a license, provided the fee for such license shall have been paid.

SEC. 6. The Dairy and Food Commissioner shall publish in pamphlet form as often as he thinks is necessary, a list of all the licensed commission merchants.

SEC. 7. The funds received for the license issued under section two of this act shall be paid into the State treasury for the use and benefit of the State Dairy and Food Department.

SEC. 8. If any shipper of farm produce to a commission merchant be dissatisfied with any statement relative to the sale of such shipment, he may apply to the State Dairy and Food Commissioner, in writing, within sixty days of making such shipment, for an investigation. The State Dairy and Food Commissioner shall treat such application as a complaint, and shall cause a full investigation of the transaction complained of to be made either by himself, or one of his assistants in the manner provided by section five of this act.

SEC. 9. Any person, who being a commission merchant in farm produce, shall (a) impose false charges for handling or services in connection with food products, or (b) fail to account for such food products, promptly and proper-. ly and to make settlements therefor with intent to defraud, or (c) shall make false or misleading statement or statements as to the market conditions with intent to deceive, or (d)

enter into any combination to fix prices below market level, (e) directly or indirectly purchase for his or its own account, goods received by him upon consignment without prior authority therefor from the consignor, or shall fail to promptly notify the consignor of such purchase on his own account, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than Penalty. fifty dollars, nor more than five hundred dollars, and the cost of prosecution, or by imprisonment in the county jail or State House of Correction and Reformatory at Ionia, for not less than six months nor more than three years, or by such fine and imprisonment in the discretion of the court in each and every offense.

SEC. 10. Nothing in this act shall apply to retail dealers, real estate dealers or auctioneers selling farm products on commission.

Approved May 2, 1913.

[No. 185.]

AN ACT making appropriations for the State Board of Fish Commissioners for current expenses and for building and special purposes for the fiscal years ending June thirty, nineteen hundred fourteen, and June thirty, nineteen hundred fifteen, and to provide a tax to meet the same.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated for the State Current Board of Fish Commissioners on account of current ex- expenses. penses, for the fiscal year ending June thirty, nineteen hundred fourteen, the sum of thirty-seven thousand three hundred twenty-seven dollars, and for the fiscal year ending June thirty, nineteen hundred fifteen, the sum of thirty-four thousand nine hundred fifty-two dollars: Provided, That not Proviso, more than five hundred dollars may be expended by said expenses. board for traveling and incidental expenses outside of the State in each year, on official business.

SEC. 2. The further sum of fourteen thousand six hundred Special purand eighty dollars is hereby appropriated for the fiscal year poses, 1914. ending June thirty, nineteen hundred fourteen, by stations and for purposes and amounts as follows:

Paris Station: Rebuilding waste and supply race below railroad, with new wagon bridge, concrete work, two hundred fifty dollars; to deepen and rebuild ponds north of hatchery including concrete dam and waste pipe, three hundred dollars; addition to barn with concrete foundation and floor, three hundred dollars; repairs (damaged by flood) three hundred dollars.

Idem, 1915.

Mill Creek Station: New ice house, three hundred dollars; four acres of land adjoining lands now owned, five hundred dollars; completion of pond and constructing new ponds, one thousand dollars; supply pipe line to springs, four thous and feet at twenty cents, four hundred dollars.

Drayton Plains Station: Ten-inch intake pipe for direct and independent feed to pond, five hundred feet at two dollars, ten hundred dollars; power plant and equipment for hatching perch and wall-eyed pike, twelve hundred dollars. Harrietta Station: Enlarging and rebuilding ponds near hatchery, five hundred dollars; repairs, damage done by floods, two thousand dollars.

Sault Ste. Marie Station: New roof, two hundred dollars; coal bin, concrete, one hundred dollars; gasoline launch, thirty foot, with machinery and equipment, six hundred dollars; two hundred barrel tank for reserve water supply, on concrete piers, two hundred dollars.

New Distributing Car: One new car for delivery service, with tanks and permanent equipment complete, five thous and dollars.

Cans: Two hundred steel clad cans at two sixty-five each, five hundred thirty dollars.

SEC. 3. The further sum of fourteen thousand two hundred and twenty-five dollars is hereby appropriated for the fiscal year ending June thirty, nineteen hundred fifteen, by stations and for purposes and amounts as follows:

Paris Station: Independent wastes for ponds west of highway, five hundred dollars; new ponds and to deepen and enlarge old ones below railroad, two thousand dollars.

Mill Creek Station: Construction of new 'ponds, fifteen hundred dollars; for new hatchery house with permanent equipment complete, four thousand dollars; concrete wall to protect ponds from floods and retaining wall along Pere Marquette railroad embankment, two hundred fifty dollars.

Drayton Plains Station: Two new ponds and connections, five hundred dollars; concrete sewer pipe to provide for floods from Judd's Creek, two hundred eighty dollars; Ten-inch iron intake pipe, for direct and independent feed to ponds, five hundred feet at two dollars, ten hundred dollars.

Harrietta Station: Two large ponds in valley north of highway, twenty-five hundred dollars; ice, food and storage house, five hundred dollars.

Soo Station: Four double hatching troughs, two hundred dollars; additional living room and improvements in second story, two hundred dollars.

Cans: Three hundred steel clad cans at two sixty-five each, seven hundred ninety-five dollars:

Provided, That if the amount designated for any one of the purposes stated in sections two and three of this act, be insufficient to complete the work or purchases, any surplus remaining after the completion of the other work or pur

chases specified in said sections two and three may be used in the account or accounts where such deficiency exists, the intent of this proviso being to make the entire twentyeight thousand nine hundred five dollars available for the purposes stated herein.

SEC. 4. The several sums appropriated by the provisions How paid out. of this act shall be paid out of the general fund in the State treasury to the treasurer of the State Board of Fish Commissioners at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his account to the Auditor General thereunder.

SEC. 5. The Auditor General shall incorporate in the State Tax clause. tax for the year nineteen hundred thirteen the sum of fiftytwo thousand seven dollars and for the year nineteen hundred fourteen, the sum of forty-nine thousand one hundred seventy-seven dollars, which amounts when collected shall be credited to the general fund to reimburse the same for the moneys hereby appropriated.

This act is ordered to take immediate effect.
Approved May 6, 1913.

[No. 186.]

AN ACT to provide and establish a court of domestic relations in each county of this State, which has a population of upwards of two hundred fifty thousand, to define its jurisdiction and for the purpose of this act to provide for additional circuit judges in such counties.

The People of the State of Michigan enact:

domestic

SECTION 1. There shall be in each county of this State, Court of which has a population of upwards of two hundred fifty relations. thousand, a court of domestic relations, which shall be a court of record, having one judge whose term of office shall commence on the first day of September, nineteen hundred thirteen. The office of the judge of the court of domestic relations hereby created, shall be deemed vacant from and after the taking effect of this act, and shall be filled by appointment by the Governor of the said State, and such judge shall hold office until the next general election.

SEC. 2. At the first general election held in said counties, Election of judge, how, respectively, after this act shall take effect, the qualified when. electors of each such county shall, in the manner prescribed by law for the election of circuit judges, elect a judge of the court of domestic relations of such county, and his term of office shall continue until the first day of January, nineteen

Vacancy in

hundred eighteen. Thereafter all judges shall be elected every six years at the April election next preceding the expiration of the term of the then incumbent. In case of a vacancy office of judge. in the office of judge of the court of domestic relations, the Governor shall fill said vacancy, and the incumbent so appointed shall hold office until the next general election. The provisions of law relative to nomination and election of circuit judges shall in all cases govern the nomination and election of judges of the court of domestic relations.

Duties of judge.

Jurisdiction.

Exceptions.

The

SEC. 3. Said judge, by virtue of his office, shall be a circuit
judge of the circuit court of the same county, and as such it
shall be his duty to hear and determine all suits for divorce,
all suits for annulment of marriage, and all other such suits,
actions and proceedings shall be for that purpose assigned
to him by the presiding judge of said circuit court.
court of domestic relations shall have original jurisdiction
to hear, try and determine all criminal cases wherein the
crime, misdemeanor, offense or felony charged shall have
been committed within the county in which said court of
domestic relations is located, which crime, misdemeanor, of-
fense or felony shall be because of violation of the laws:
First, compelling the support of wife and minor children by
the husband and father; second, forbidding the desertion and
abandonment of wife or minor children by the husband and
father; third, prohibiting contributing to the delinquency of
children; fourth, compelling the compulsory education of
children; and fifth, forbidding cruelty to children. Said
court shall have original jurisdiction to hear, try and deter-
mine all actions brought to compel the support of illegiti
mate and bastard children under the laws of the State of

Michigan. In furtherance of the foregoing purposes, said
courts of domestic relations shall also have original jurisdic-
tion of all prosecution and proceedings in behalf of the people
of this State, for all crimes, misdemeanors and offenses aris-
ing under the laws of this State, and committed within the
limits of their respective counties, except in cases which,
under the constitution of this State, may be exclusively
cognizable by the police courts and justice of the peace of
such counties, under and by virtue of the following statutes
of this State, to wit: Act number two hundred sixty-four
of the public acts of eighteen hundred eighty-nine, entitled
"An act relative to disorderly persons," etc., being section
nine hundred twenty-three of the Michigan compiled laws
of eighteen hundred ninety-seven, so far as the same re-
lates to the abandonment or threat to abandon wives or
children, and refusal or neglect to support them; act number
one hundred fifty-six of the public acts of eighteen hundred
ninety-three, entitled "An act to provide a penalty for
cruelty to children," being section eleven thousand five hun-
dred seven of the compiled laws of eighteen hundred ninety-
seven, as amended by act number two hundred thirteen of
the Michigan public acts of eighteen hundred ninety-seven;

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