THE MICHIGAN PENAL CODE
Act 328 of 1931
750.51 Animals; confining on railroad cars.
Sec. 51.
Confining animals on railroad cars—No railroad company, in the carrying or transportation of animals, shall permit the same to be confined in cars for a longer period than 36 consecutive hours without unloading the same for rest, water, and feeding, for a period of at least 5 consecutive hours, unless prevented from so unloading by storm, or other accidental causes. In estimating such confinement, the time during which the animals have been confined without rest, on connecting roads from which they are received shall be included, it being the intention to prevent their continuous confinement beyond the period of 36 hours, except on contingencies hereinbefore stated. Animals so unloaded shall be properly fed, watered, and sheltered during such rest, by the owner or person having the custody thereof, or, in case of his default in so doing, then the railroad company transporting the same, at the expense of said owner or person in custody thereof; and said company shall in such case have a lien upon such animals for food, care and custody furnished, and shall not be liable for any detention of such animals.
Any company, owner or custodian of such animals, who shall fail to comply with the provisions of this section, shall, for each and every such offense, be liable for, and forfeit, and pay a penalty of not less than 100 dollars nor more than 500 dollars: Provided, however, That when animals shall be carried in cars in which they can and do have proper food, water, space and opportunity for rest, the foregoing provisions in regard to their being unloaded shall not apply.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.51
FormerLaw Notes:
See section 4 of Act 70 of 1877, being How., § 9394; CL 1897, § 11742; CL 1915, § 15538; Act 14 of 1919; and CL 1929, § 17069.
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 2005–2024 · leading case:
People v. Perkins, 703 N.W.2d 448 (Mich. 2005).
People v. Perkins, 703 N.W.2d 448 (Mich. 2005).
· cites it 2× “50(2)(g), MCL 750.51, MCL 750.61, MCL 750.115(2), MCL 750.”
In re AJR, 852 N.W.2d 760 (Mich. 2014).
“IV CONCLUSION Because the express language of MCL 750.51(6) provides that stepparent adoption under the statute is only available to the spouse of “the parent having legal custody of the child,” meaning the parent with sole legal custody, the statute does not apply to situations…”
in Re Ajr Minor (Mich. 2014).
· cites it 2× “In a unanimous opinion by Justice ZAHRA, the Supreme Court held: Stepparent adoption under MCL 750.51(6) is only available to the spouse of a parent with sole legal custody of the child, and the statute does not apply to situations in which the child’s parents share joint legal…”
In Re I K Jerelos Minor (Mich. Ct. App. 2022).
“Instead, as noted by this Court when interpreting the phrase “substantial failure” as used in MCL 750.51(6)(b), we cannot reduce the phrase “substantial failure” “to a specific number of visits within two years.”
In Re I K Jerelos Minor (Mich. Ct. App. 2022).
“Instead, as noted by this Court when interpreting the phrase “substantial failure” as used in MCL 750.51(6)(b), we cannot reduce the phrase “substantial failure” “to a specific number of visits within two years.”
In Re Ltw Minor (Mich. Ct. App. 2024).
“” Further, although respondent was incarcerated at the time of the hearing, he had only been incarcerated for six of the 24 months of the statutory period; additionally, there was no testimony or evidence presented that the incarceration had affected his receipt of SSD payments.”
— Mich. Comp. Laws § 750.51(6) — 2 cases
In re AJR, 852 N.W.2d 760 (Mich. 2014).
“IV CONCLUSION Because the express language of MCL 750.51(6) provides that stepparent adoption under the statute is only available to the spouse of “the parent having legal custody of the child,” meaning the parent with sole legal custody, the statute does not apply to situations…”
in Re Ajr Minor (Mich. 2014).
“In a unanimous opinion by Justice ZAHRA, the Supreme Court held: Stepparent adoption under MCL 750.51(6) is only available to the spouse of a parent with sole legal custody of the child, and the statute does not apply to situations in which the child’s parents share joint legal…”
— Mich. Comp. Laws § 750.51(6)(b) — 2 cases
In Re I K Jerelos Minor (Mich. Ct. App. 2022).
“Instead, as noted by this Court when interpreting the phrase “substantial failure” as used in MCL 750.51(6)(b), we cannot reduce the phrase “substantial failure” “to a specific number of visits within two years.”
In Re I K Jerelos Minor (Mich. Ct. App. 2022).
“Instead, as noted by this Court when interpreting the phrase “substantial failure” as used in MCL 750.51(6)(b), we cannot reduce the phrase “substantial failure” “to a specific number of visits within two years.”
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