fifteen per centum in the standard B grade. Such tolerances shall apply to size, color and other grade specifications and shall be computed by counting or weighing the specimens which are judged to be below the standard for the grade in any respect, and those which are found to be smaller than the minimum size, marked on the package. SEC. 3. In all of the grades specified in this act, the apples Uniformity. included in the face or shown surface shall fairly represent the size and quality of the apples in the package. If SEC. 4. Every closed package containing apples grown in Labeling. the State of Michigan which is sold, offered or consigned for sale, packed for sale, or shipped for sale, shall bear upon the outside of one end in plain letters or figures, or both, the name and address of the person by whose authority the apples were packed, the true name of the variety, the grade of the apples therein contained when packed or repacked, and the minimum size or the numerical count of the fruit in the package. the true name of the variety is not known to the packer or the person by whose authority the apples are packed or branded, then such varieties shall be designated as "unknown." Every package of apples which is repacked shall when also bear upon the same end of the package the name and ad- repacked. dress of the person by whose authority it is repacked, such name and address to be preceded by the words "repacked by." The letters and figures used in marking or branding closed packages of apples under the provisions of this act shall be of a size not less than twenty-four point Gothic: Provided, Proviso. That closed packages containing apples which cannot be readily marked on one end, so as to bear conspicuously the information herein specified shall be marked or branded in such other conspicuous place as may be prescribed by the regulations promulgated hereunder. SEC. 5. The marks and brands prescribed in this act may Brands, etc. be accompanied by any additional marks or brands which are not inconsistent with or do not in any way obscure the marks and brands required by this act. Apples packed and branded in accordance with the United States apple grading law, approved August third, nineteen hundred twelve, shall be exempt from the provisions of this act. size, how SEC. 6. The minimum size of the fruit in all grades shall Minimum be determined by taking the transverse diameter of the small- determined. est fruit in the package. Minimum sizes shall be stated in variations of one-quarter of an inch, as two inches, two and one-quarter inches, two and one-half inches, two and threequarter inches, three inches, three and one-quarter inches, and so on, in accordance with facts. Minimum sizes may be designated by either figures or words and the word "minimum" may be designated by the use of the abbreviation "min." SEC. 7. It shall be unlawful for any person to pack for Misbranding, sale, ship for sale, offer or consign for sale, or sell, in closed etc., unlawful. packages, any apples grown in this State which are not Penalty. Proviso. Words, of. construction Commissioner graded, packed and marked or branded in accordance with the provisions of this act and the regulations made hereunder, or closed packages of apples bearing any false statement, design, or device regarding such apples within the meaning of this act. SEC. 8. Any person who violates any of the provisions of this act, or of the regulations promulgated hereunder, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than fifty dollars for the first offense and not more than one hundred dollars for each susequent offense: Provided, That no person shall be prosecuted under this act who can establish satisfactory .evidence that no part of the packing or branding of the apples concerned was done by him or under his authority and that he had no knowledge that they were not packed and branded in accordance with said provisions and said regulations. SEC. 9. The word "person" as used herein shall be construed to include individuals, corporations, partnerships, and associations. The act, omission or failure of any official or employe of any person, when such official or employe is acting within the scope of his employment or office, shall, in every case, be deemed also the act, omission or failure of the person, as well as of the official or employe. The words "closed package" shall mean a box, barrel, basket, or other package, the contents of which cannot be inspected when such package is closed. SEC. 10. It shall be the duty of the Dairy and Food Comto enforce act. missioner to diligently enforce the provisions of this act and his officers, employes and agents are authorized to enter upon the premises of any person within this State for the purpose of inspecting packages of apples and securing evidence of violation of this act, and the said Dairy and Food Commissioner is hereby authorized and empowered to make, promulgate and enforce such regulations as may be necessary for interpreting the grade specifications prescribed in this act, and for otherwise enforcing its provisions: Provided, however, That any grades or classes of apples packed in closed packages, or any requirements for making closed packages containing apples, mandatory as applying to interstate commerce, which may hereafter be established by the authority of the Congress of the United States, shall forthwith, as far as applicable, be established and promulgated by the Dairy and Food Commissioner as official grades, classes and marks for apples packed in closed packages in the State of Michigan. Proviso. SEC. 11. All acts and parts of acts in conflict with this act are hereby repealed. Approved April 17, 1917. [No. 76.] AN ACT to authorize township boards of townships and legislative bodies of cities to fill vacancies in the office of justice of the peace. The People of the State of Michigan enact: SECTION 1. Whenever a vacancy shall occur, by reason of Vacancy, how filled. death, resignation, removal or otherwise, in the office of justice of the peace in this State, the township board of the township or the legislative body of the city shall be empowered to fill such vacancy and such appointee shall hold office by virtue of such appointment only until the next succeeding township or city election. This act is ordered to take immediate effect. [No. 77.] AN ACT to amend section fifteen of chapter thirty-five of the Revised Statutes of eighteen hundred forty-six, relative to the preservation of public health, quarantine, nuisances, and offensive trades, as amended by act seven of the Public Acts of nineteen hundred three, and act ninety-eight of the Public Acts of nineteen hundred nine, the same being section five thousand fifty-five of the Compiled Laws of nineteen hundred fifteen. The People of the State of Michigan enact: amended. SECTION 1. Section fifteen of chapter thirty-five of the Re- Section vised Statutes of eighteen hundred forty-six, relative to the preservation of the public health, quarantine, nuisances, and offensive trades, as amended by act seven of the Public Acts of nineteen hundred three, and act ninety-eight of the Public Acts of nineteen hundred nine, the same being section five thousand fifty-five of the Compiled Laws of nineteen hundred fifteen, is hereby amended to read as follows: quarantine. SEC. 15. When any person coming from outside the county When may or residing in any township, city or village within this State shall be infected, or shall lately before have been infected with a dangerous communicable disease, the board of health of the township, city or village where such person may be shall make effectual provision in the manner in which it shall judge best for the safety of the inhabitants and it may remove such sick or infected person to a separate house if it Proviso. Supervisors to audit bills. Proviso. can be done without danger to his health, and shall thereupon report such case to the supervisor of the ward, or township, in which such infected person shall be, which supervisor shall provide nurses and other assistance and necessaries which shall be at the charge of the person himself, his parents or other persons who may be liable for his support, if able: Provided, If such person, his parents or other person who may be liable for his support, be not able to pay for such assistance and necessaries, the supervisor shall keep an itemized and separate statement of expenses incurred for each and every person cared for under this section and shall render such statement to the board of supervisors of the county by filing the same with the county clerk. The said board of supervisors shall, as soon as may be, proceed to audit the said bill, and if found that the expenses were necessarily incurred, the services actually and necessarily performed and the amounts claimed for such expenses and services are severally just and reasonable under the circumstances, the said board of supervisors shall allow the same or such parts thereof as the majority of the members-elect of said board shall deem just, and provide for their immediate payment by the said county; and in auditing such accounts said several boards of supervisors shall have full power to examine into the merits of all claims presented to them in accordance with the provisions herein contained, and may subpoena witnesses and take any other measures necessary to arrive at the truth of the same; and the said board of supervisors is hereby empowered, if necessary, to issue orders or borrow money on the faith and credit of the county to pay all such necessary bills and expenses and to include the same in the next appropriation of money to be raised by taxation in said county: Provided, The board of supervisors or county board of auditors shall fix the maximum fee and mileage for medical attendance upon contagious diseases chargeable to the county and shall authorize the superintendents of the poor, upon the application of any board of health of a township, city or village, to contract with a physician or physicians to attend contagious diseases. Approved April 17, 1917. [No. 78.] AN ACT to establish and to provide for the conduct and maintenance of work farms, factories or shops in counties of this State and to authorize the confinement of convicted persons therein and to provide for the punishment of such persons for breaking or attempting to break out; and to permit counties not operating work farms, factories or shops to contract for the care of their prisoners with counties operating such farms, factories or shops. The People of the State of Michigan enact: SECTION 1. The various counties of this State are hereby Counties may conduct, authorized to acquire, own and hold real estate and build- etc., work ings within their respective boundaries to be used as work farms, etc. farms, factories or shops for the confinement, punishment and reformation of persons sentenced thereto, and to conduct and operate the same. to direct, etc. SEC. 2. The management and direction of such work farms, Commission factories or shops and of the convicted persons sentenced thereto, subject to the periodical visitations of the State authorities at their discretion, shall be under the authority of a non-partisan commission to be elected for that purpose by the board of supervisors of such county. Said board of commissioners shall consist of three members. The first three members shall be elected by the board of supervisors, at any meeting at which a majority of the members-elect shall decide to operate under this act, as follows: One member for one year from and after January first, following this election, one for two years, one for three years, after said January first; and annually thereafter at the regular January meeting one member shall be elected for the full. term of three years. Vacancies shall be filled by said board Vacancies. of supervisors. The first commissioners shall assume their duties immediately on election. The commissioners shall be residents of the county which they serve, but no member of the board of supervisors shall be eligible during the term for which he was elected supervisor. The commission- Oath. ers shall make and subscribe the constitutional oath of office and file the same with the county clerk before assuming their duties. SEC. 3. Said commissioners are hereby authorized and Rules. empowered to establish and adopt rules for the regulation and discipline and the work and labor of the persons confined in and on said work farm, factory or shop; and to superinappoint a superintendent thereof, whose term of office shall tendent. be during good behavior, the salary to be fixed by said commission. The superintendent shall have the usual pow Powers. ers of a deputy sheriff, shall take the constitutional oath of office before assuming his duties, same to be filed |