requested, twenty-five cents; for a note of every capias delivered to a defendant on request, six cents; for a copy of every summons, or declaration served by him, when made by the sheriff, six cents for each folio; for a copy of every other writ, when demanded or required by law, twenty-five cents; for serving an attachment for the payment of money, or an execution for the payment of money, or a warrant issued for the same purpose and delivered to him by the county treasurer or any supervisor, for collecting the sum of two hundred fifty dollars or less, two and one-half per cent, and for any sum more than two hundred fifty dollars, one and one-quarter per cent; advertising goods or chattels, lands or tenements for sale, on any execution, if a sale be made, one dollar; and if the execution be stayed or settled after advertising and before sale, fifty cents. The fees allowed by law and paid to any printer by such sheriff for publishing an advertisement of the sale of real estate for not more than six weeks and for the publishing the postponement of any such sale, the expense shall be paid by the party requiring the same. The fees herein allowed for the service of an execution and for advertising therein shall be collected by virtue of such execution, in the same manner as the sum therein directed to be levied; but when there shall be several executions against the defendant, at the time of advertising his property, in the hands of the same sheriff, there shall be but one advertising fee charged on the whole, and the sheriff shall elect upon which execution he will receive same. For every certificate on the sale of real estate, fifty cents; and for each copy thereof, twenty-five cents, which, together with the register's fee for filing the same, shall be collected as other fees on execution; for drawing and executing a deed pursuant to a sale of real estate, one dollar; serving a writ of possession or of restitution, putting any person into possession of the premises and removing the occupant, one dollar, and the same compensation for traveling as is herein allowed on other writs; taking a bond for the liberties of the jail, fifty cents; summoning a jury upon a writ of inquiry, attending such jury, and making and returning the inquisition, one dollar and fifty cents; summoning a special jury struck pursuant to an order of the court, and returning the panel, one dollar and fifty cents; summoning a jury pursuant to any precept or summons of any officer in any special proceeding, one dollar, and for attending such jury, when required, fifty cents; bringing up a prisoner upon habeas corpus, one dollar, and for traveling each mile from the jail, thirteen cents; for attending any court with such prisoner, one dollar per day, besides actual necessary expenses; attending before any officer with a prisoner for the purpose of having him surrendered in exoneration of his bail, or attending to receive a prisoner so surrendered, who was not committed at the time, and receiving such prisoner into his custody in either case, one dollar; attending a view, when ordered by the court, one

dollar and fifty cents per day, including the time occupied in going and returning; serving an attachment upon any ship, boat or vessel, in proceedings to enforce any lien thereon, created by law, seventy-five cents, with such additional compensation for his trouble and expenses in taking possession of and preserving the same as the officer issuing the warrant shall certify to be reasonable; for making and returning an inventory and appraisal to the appraisers, one dollar for each day actually employed, and fifty cents for each half day; and for drafting the inventory, twenty-five cents for each folio, and for copying the same, six cents for each folio; for selling any ship, boat, or vessel, or the tackle, apparel or furniture thereof, so attached, and for advertising such sale, the same fees as for sales on executions; for giving notice for general or special election to the inspectors of the different townships and wards of his county, fifty cents for each township or ward, and the expenses of publishing such notices required by law, such fees and expenses to be paid by the county, as other contingent expenses thereof; for any services which may be rendered by a constable, the same fees as are allowed by law for such services to a constable; for attending the Supreme Court by the order of the court, two dollars and fifty cents for each day, to be allowed by the Auditor General on the certificate of the clerks, and paid out of the State treasury; for attending a circuit court, by the order of the court, two dollars and fifty cents for each day, except in the county of Wayne. In the county of Wayne on and after the first day of January, eighteen hundred ninety-seven, there shall be paid to the deputy sheriffs in actual attendance on the circuit court in the said county the sum of one thousand dollars per annum, to be allowed and paid as other contingent charges of the county are paid: Provided, The number of said deputies shall not Proviso, deputies. exceed two for each judge of said circuit. For summoning grand or petit jurors to attend the circuit court, fifty cents. for each juror summoned; serving a subpoena for witnesses, fifteen cents for each witness summoned and ten cents for each mile actually traveled, in going only, but when two or more witnesses live in the same direction, traveling fees shall be charged only from the farthest; keeping and providing for debtor in jail in all cases where the debtor is unable to support himself, fifty cents for each day, to be paid by the creditor each week, in advance, and which sum the creditor shall be entitled to recover from the debtor; for mileage on every execution collected, ten cents per mile, for going only, to be computed from the court house of his county; for selling lands on the foreclosure of a mortgage by advertisement, and executing a deed to the purchaser and for all services required on such sale, three dollars. And any sheriff or other officer who shall demand or receive any greater fees or compensation for performing any of the services herein before mentioned than is herein before allowed, shall, in addition to all other liabili

ties now provided by law, be liable to the party injured, or paying such illegal fees, in three times the amount so demanded, received or paid together with all costs of suit or prosecution; and any sheriff or other officer neglecting or refusing any of the services required by law, after the fees specified have been tendered, shall be liable to the party injured for all damages which he may sustain by reason of such neglect or refusal.

Approved April 17, 1917.

Standard climax baskets.

[No. 74.]

AN ACT to fix standards for climax baskets for grapes and other fruits and vegetables, and to fix standards for baskets and other containers for small fruits, berries, and vegetables, and to punish violations of the same.

The People of the State of Michigan enact:

SECTION 1. That standards for climax baskets for grapes and other fruits and vegetables shall be the two-quart basket, four-quart basket, and twelve-quart basket, respectively.

(a) The standard two-quart climax basket shall be of the following dimensions: length of bottom piece, nine and onehalf inches; width of bottom piece, three and one-half inches; thickness of bottom piece, three-eighths of an inch; height of basket, three and seven-eighths inches, outside measurement; top of basket, length eleven inches and width five inches, outside measurement. Basket to have a cover five by eleven inches, when a cover is used;

(b) The standard four-quart climax basket shall be of the following dimensions: length of bottom piece, twelve inches; width of bottom piece, four and one-half inches; thickness of bottom piece, three-eighths of an inch; height of basket, four and eleven-sixteenths inches, outside measurement; top of basket, length fourteen inches, width six and one-fourth inches, outside measurement. Basket to have cover six and onefourth inches by fourteen inches, when cover is used;

(c) The standard twelve-quart climax basket shall be of the following dimensions: length of bottom piece, sixteen inches; width of bottom piece, six and one-half inches; thickness of bottom piece, seven-sixteenths of an inch; height of basket, seven and one-sixteenth inches, outside measurement; top of basket, length nineteen inches, width nine inches, outside measurement. Basket to have cover nine inches by nineteen inches, when cover is used.

SEC. 2. That the standard basket or other container for small fruit small fruits, berries, and vegetables shall be of the following baskets. capacities: namely, dry one-half pint, dry pint, dry quart,

or multiples of the dry quart.

(a) The dry half pint shall contain sixteen and eighttenths cubic inches;

(b) The dry pint shall contain thirty-three and six-tenths cubic inches;

(c) The dry quart shall contain sixty-seven and two-tenths cubic inches.

violation.

SEC. 3. That it shall be unlawful to manufacture for ship- Penalty for ment, or to sell within the State any climax baskets or other containers for small fruits, berries, or vegetables, whether filled or unfilled, which do not conform to the provisions of this act; and any person guilty of a wilful violation of any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding twenty-five dollars: Provided, That noth- Proviso. ing herein contained shall apply to the manufacture, sale, or shipment of climax baskets, baskets, or other containers for small fruits, berries, and vegetables when intended for export to foreign countries when such climax baskets, baskets, or other containers for small fruits, berries, and vegetables accord with the specifications of the foreign purchasers or comply with the law of the country to which shipment is made or to be made.

etc.

SEC. 4. That the examination and test of climax baskets, Who to test, baskets, or other containers for small fruits, berries, and vegetables, for the purpose of determining whether such baskets or other containers comply with the provisions of this act, shall be made by the Dairy and Food Department, and the Dairy and Food Commissioner shall establish and promulgate rules and regulations allowing such reasonable tolerances and variations as may be found necessary.

attorney,

SEC. 5. That it shall be the duty of each prosecuting attor Prosecuting ney, to whom satisfactory evidence of any violation of the act duty of. is presented, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the State for the enforcement of the penalties as in such case herein provided.

SEC. 6. That no dealer shall be prosecuted under the pro- When dealer visions of this act when he can establish a guaranty signed not liable. by the manufacturer, wholesaler, jobber, or other party resid ing within the United States from whom such climax baskets, baskets, or other containers, as defined in this act, were purchased, to the effect that said climax baskets, baskets, or other containers are correct within the meaning of this act. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of climax baskets, baskets, or other containers to such dealer, and in such case said party or parties shall be amenable to the prose

When act effective.

cutions, fines, and other penalties which would attach in due course to the dealer under the provisions of this act.

SEC. 7. That this act shall be in force and effect from and after the first day of November, nineteen hundred seventeen. Approved April 17, 1917.

Apples, standard

grades.

Proviso.

Tolerances.

[No. 75.]

AN ACT to fix standards for apples, grown in this State when packed in closed packages, and to regulate the packing and sale of such apples.

The People of the State of Michigan enact:

SECTION 1. The standard grade for apples grown in this State when packed in closed packages shall be as follows:

First, "Michigan standard fancy" shall consist of handpicked, properly packed apples of one variety, which are wellgrown specimens, normal in shape, uniform in size, of good color for the variety, and which are free from dirt, insect injury, fungus disease, bruises and other defects, except such as are necessarily caused in the operation of packing. "Uniform size" shall be construed to mean that apples contained in any one package shall not vary in size more than one-half inch in diameter;

Second, "Michigan standard A" shall consist of handpicked, properly packed apples of one variety, which are well grown specimens, normal in shape, of not less than fifty per centum of good color for the variety, and which are practically free from dirt, insect injury, fungus disease, bruises and other defects, except such as are necessarily caused in the operation of packing;

Third, "Michigan standard B" shall consist of hand-picked, properly packed apples of one variety, which are well grown, and practically free from insect injury and fungus disease: Provided, That the apples having healed-over insect punctures, small scab or blotch infections, fruit spots, or other defects which, taken singly or collectively, do not materially deform or discolor the fruit or injure its keeping quality, shall be admitted to this grade;

Fourth, "Michigan unclassified" shall consist of apples which do not conform to the foregoing specifications of grade, or which though conforming, are not branded in accordance therewith.

SEC. 2. In the interpretation of this act a tolerance of six per centum below the standard shall be allowed in the standard fancy grade, ten per centum in the standard A grade, and