USES AND TRUSTS

Terms Used In Michigan Laws > Chapter 555 > R.S. of 1846 > Chapter 63 - Of Uses and Trusts

  • Administrator: means a local governmental unit or a nonprofit community organization under contract with a local governmental unit to administer a homestead program under this act. See Michigan Laws 125.2762
  • Adulterated: means food or milk to which any of the following apply:
  (i) It bears or contains any poisonous or deleterious substance that may render it injurious to health except that, if the substance is not an added substance, the food or milk is not considered adulterated if the quantity of that substance in the food or milk does not ordinarily render it injurious to health. See Michigan Laws 288.472
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means an individual and the spouse of that individual if that spouse intends to occupy the property with the individual. See Michigan Laws 125.2722
  • Applicant: means an individual and the spouse of that individual if that spouse intends to occupy the property with the individual. See Michigan Laws 125.2742
  • Applicant: means an individual and the spouse of that individual if that spouse intends to occupy the property with the individual. See Michigan Laws 125.2762
  • Approved laboratory: means a laboratory that is listed in the national conference of interstate milk shipments list of sanitation compliance and enforcement ratings distributed by the United States food and drug administration and as approved by the director. See Michigan Laws 288.472
  • Approved sample container: means a presterilized, suitable nontoxic single service container of adequate size that complies with the requirements of standard methods. See Michigan Laws 288.472
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Audited financial statement: means a fiscal year end financial statement prepared by a certified public accountant according to generally accepted accounting principles. See Michigan Laws 288.472
  • Claim: means any attempt to cause the department of community health to pay out sums of money under the social welfare act. See Michigan Laws 400.602
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dairy farm: means any place or premises where 1 or more dairy animals are kept for milking purposes, and from which a part or all of the milk is provided, sold, or offered for sale. See Michigan Laws 288.473
  • dairy plant: means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, aseptically processed, packaged, or prepared for distribution. See Michigan Laws 288.474
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Michigan department of agriculture. See Michigan Laws 288.473
  • Devise: To gift property by will.
  • Director: means the director of the Michigan department of agriculture or his or her designee. See Michigan Laws 288.473
  • Distributor: means a person other than a producer or processor who offers for sale, holds for sale, or sells at wholesale milk or milk products. See Michigan Laws 288.473
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • False: means wholly or partially untrue or deceptive. See Michigan Laws 400.602
  • Farm tank: means the farm bulk milk tank, milk tank truck, or silo used for the storage or cooling, or both, of milk prior to pickup and transport from the farm. See Michigan Laws 288.473
  • First receiving point: means the milk plant where the milk is first received for processing and manufacturing. See Michigan Laws 288.473
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e
  • Health facility or agency: means a health facility or agency, as defined in section 20106 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 400.602
  • Homestead agreement: means a written contract between a resident organization or successor entity and a qualified buyer that contains the terms under which the qualified buyer may acquire the public housing property. See Michigan Laws 125.2722
  • Homestead agreement: means a written contract between a housing commission and a qualified buyer that contains the terms under which the qualified buyer may acquire the single-family public housing property. See Michigan Laws 125.2762
  • Housing commission: means a housing commission or housing authority as defined under section 3 of the housing cooperation law, 1937 PA 293, MCL 125. See Michigan Laws 125.2722
  • Housing commission: means a housing commission or housing authority as defined under section 3 of the housing cooperation law, 1937 PA 293, MCL 125. See Michigan Laws 125.2762
  • Housing project: means that term as defined under section 3 of the housing cooperation law, 1937 PA 293, MCL 125. See Michigan Laws 125.2722
  • Housing project: means that term as defined under section 3 of the housing cooperation law, 1937 PA 293, MCL 125. See Michigan Laws 125.2762
  • Imminent or substantial health hazard: means a determination of the director of either or both of the following:
  •   (i) A condition that exists at a dairy farm or dairy plant requiring immediate action to prevent endangering the public health or safety. See Michigan Laws 288.474
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • knowingly: means that a person is in possession of facts under which he or she is aware or should be aware of the nature of his or her conduct and that his or her conduct is substantially certain to cause the payment of a medicaid benefit. See Michigan Laws 400.602
  • Label: means a display of written, printed, or graphic matter upon the immediate container of any article conforming to a requirement imposed under this act that any word, statement, or other information appearing on the label appears on the outside container or wrapper of the retail package of the article or be easily legible through the outside container or wrapper. See Michigan Laws 288.474
  • Labeling: means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers or accompanying the article. See Michigan Laws 288.474
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local governmental unit: means a county, city, village, or township. See Michigan Laws 125.2722
  • Local governmental unit: means a county, city, village, or township. See Michigan Laws 125.2742
  • Local governmental unit: means a county, city, village, or township. See Michigan Laws 125.2762
  • Michigan state housing development authority: means the Michigan state housing development authority created under section 21 of the state housing development authority act of 1966, 1966 PA 346, MCL 125. See Michigan Laws 125.2722
  • Michigan state housing development authority: means the Michigan state housing development authority created under section 21 of the state housing development authority act of 1966, 1966 PA 346, MCL 125. See Michigan Laws 125.2762
  • Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of 1 or more healthy cows, goats, sheep, or other dairy animals. See Michigan Laws 288.474
  • Milk buyer: means any producer, milk producer marketing organization, milk plant, receiving station, transfer station, or bulk milk hauler that either takes delivery of raw milk or raw milk product or manages the sale of the raw milk or raw milk product, or both. See Michigan Laws 288.474
  • Milk tank truck: means both a bulk milk pickup tanker and a milk transport tank. See Michigan Laws 288.475
  • Milk tank truck cleaning facility: means any place, premises, or establishment, separate from a milk plant, receiving station, or transfer station where a milk tank truck is cleaned and sanitized. See Michigan Laws 288.475
  • Milk transportation company: means the company that is the person responsible for a milk tank truck. See Michigan Laws 288.475
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nonprofit community organization: means an organization exempt from taxation under section 501(c)(3) of the internal revenue code of 1986 with experience in housing issues and that contracts with a housing commission to administer an urban homesteading program for single-family public housing under this act. See Michigan Laws 125.2762
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offering for sale: means selling, offering to sell, holding for sale, preparing for sale, trading, bartering, offering as a gift as an inducement for sale of, and advertising for sale in any media. See Michigan Laws 288.475
  • Other security: means a mutually acceptable producer security agreement, acceptable to the director, approved and signed by the milk buyer and all milk sellers selling milk to that milk buyer. See Michigan Laws 288.475
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, partnership, company, limited liability company, cooperative, association, firm, trustee, educational institution, state or local government unit, or corporation. See Michigan Laws 288.476
  • Person: means an individual, corporation, association, partnership, or other legal entity. See Michigan Laws 400.602
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal property: All property that is not real property.
  • PMO: means the Grade "A" Pasteurized Milk Ordinance, 2017 revision, published by the United States Department of Health and Human Services. See Michigan Laws 288.476
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Processor: means the owner or operator of a milk plant. See Michigan Laws 288.476
  • Producer: means a person that owns or operates a dairy farm and sells or distributes milk produced on that farm including a person that markets milk on behalf of a producer under a marketing agreement. See Michigan Laws 288.476
  • Program: means the urban homesteading program for vacant land described in this act. See Michigan Laws 125.2742
  • Qualified buyer: means an applicant who meets the criteria in section 6. See Michigan Laws 125.2722
  • Qualified buyer: means an applicant who meets the criteria in section 4. See Michigan Laws 125.2762
  • Receiving station: means a place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and is prepared for further transporting. See Michigan Laws 288.476
  • Registered name: means either a name that is registered as "doing business as" at the county clerk's office in the county in which the producer or processor resides or that is registered with this state as a legal entity registered to do business within this state under an assumed name. See Michigan Laws 288.476
  • Resident organization: means a group of residents made up of not less than 50% of total residents of the specific housing project who contract with a housing commission to manage that housing project for not less than 5 years with the intent to acquire legal ownership of the housing project under this act. See Michigan Laws 125.2722
  • Retail: means selling or offering for sale dairy products directly to a consumer. See Michigan Laws 288.476
  • Retail food establishment: means an operation that sells or offers to sell food directly to a consumer. See Michigan Laws 288.476
  • Sample transfer instrument: means any of the following:
  •   (i) Individually wrapped, sterile, single-service sampling tubes. See Michigan Laws 288.476
  • Sanitary standards: means the dairy equipment construction standards or accepted dairy system operating practices formulated by 1 of the following:
  •   (i) 3-A sanitary standards committees representing the International Association for Food Protection, the United States Public Health Service, the United States Department of Agriculture, and the dairy industry committee as approved by the director. See Michigan Laws 288.476
  • Service of process: The service of writs or summonses to the appropriate party.
  • Single service containers and closures: means single use containers or parts of single use containers that become milk product contact surfaces when used for the storage, shipping, or marketing of milk or milk products. See Michigan Laws 288.476
  • Social welfare act: means the social welfare act, 1939 PA 280, MCL 400. See Michigan Laws 400.602
  • Standard methods: means the seventeenth edition of "Standard Methods for the Examination of Dairy Products" published by the American Public Health Association, incorporated by reference. See Michigan Laws 288.476
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Testator: A male person who leaves a will at death.
  • Transfer station: means any place, premises, or establishment where milk or milk products are transferred directly from 1 milk tank truck to another. See Michigan Laws 288.477
  • Trustee: A person or institution holding and administering property in trust.
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Vacant property: means surplus vacant residential property owned by the local governmental unit. See Michigan Laws 125.2742
  • Verified financial statement: means a financial statement that contains a notarized statement, signed and sworn to by an authorized representative of the milk plant, attesting that the financial statement is correct. See Michigan Laws 288.477
  • Wholesale: means selling or offering to sell dairy products to retailers, jobbers, or distributors rather than directly to a consumer. See Michigan Laws 288.477