absolute title. signees thereof, such conveyance or assignment shall not Conveyance to operate as an absolute conveyance or assignment of the title mortgagee not or interest to such lands, but shall be considered and treated as an additional lien upon said lands, and shall be added to the amount of such mortgage, and the mortgagor or person or persons claiming under him shall be entitled to a reconveyance or assignment of the tax title interest in such lands from said mortgagee or mortgagees, or assignees thereof, upon the payment of all sums so paid to such person or persons claiming under any such tax deed or certificate, with interest thereon at the rate of six per cent per annum from the date of such payment, and such reconveyance or assignment shall in no way operate as a release or discharge of such mortgage lien or as a payment to apply thereon: Provided further, Application for That any such application for a writ of assistance shall show what to show. that such applicant has complied with the provisions of this act as to the giving of notice, as herein directed, and he shall attach to such application a copy of the notice aforesaid, and the return of the sheriff serving the same, or a copy of the proof of publication, or the registry receipt or receipts from the registry department of the postoffice showing that such notice has been served by registered mail. Approved June 16, 1905. writ of assistance, [No. 227.] AN ACT making appropriations for the Industrial School for Boys for the fiscal years ending June thirty, nineteen hundred six, and June thirty, nineteen hundred seven, and to provide for a tax to meet the same. The People of the State of Michigan enact: SECTION 1. That there be and is hereby appropriated for Appropriations the current expenses of the Industrial School for Boys for for expenses. the fiscal year ending June thirty, nineteen hundred six, the sum of eighty-two thousand dollars, and for the fiscal year ending June thirty, nineteen hundred seven, the sum of eighty thousand dollars. SEC. 2. The further sum of nine thousand two hundred Further dollars is hereby appropriated for the fiscal year ending June appropriation. thirty, nineteen hundred six, for purposes and amounts as follows: For root cellar, one thousand two hundred dollars; How used. for renewing furniture, exclusive of that for kitchen, carpets and bedding, one thousand dollars; for renewing kitchen furniture and steam kettles, five hundred dollars; for renewing and repairing steam and water plant, one thousand dollars; for the maintenance of the department of technology, two Proviso as to thousand dollars; for papering and painting, seven hundred fifty dollars; for sidewalks and fences, five hundred dollars; for the maintenance of the sloyd department, one thousand dollars; for library books, school books and periodicals, two hundred fifty dollars; for equipping and maintaining a department of stenography and typewriting, one thousand dol lars. The further sum of six thousand one hundred dollars is hereby appropriated for the fiscal year ending June thirty, nineteen hundred seven, for purposes and amounts as follows: For renewing and repairing steam and water plant, one thousand dollars; for the maintenance of the department of technology, two thousand dollars; for painting and papering, seven hundred fifty dollars; for sidewalks and fences, five hundred dollars; for maintaining sloyd department, one thousand dollars; for library books and periodicals, two hundred fifty dollars; for maintaining department of stenography and typewriting, six hundred dollars: Provided, That transfer of funds. if the amount designated in this section for any one of the purposes stated be insufficient to complete the work or purchase, any surplus remaining after the completion of the other work or purchase specified in this section may, by obtaining the consent of the State Board of Corrections and Charities and Auditor General in writing before any expense in excess of the specific appropriation is incurred be used in the account or accounts where such deficiency seems unavoidable, the intent of this proviso being to make the entire eighteen thousand two hundred dollars available for the purposes stated herein if, in the judgment of the State Board of Corrections and Charities and Auditor General, it is deemed advisable to make the transfers for which provision is Further proviso. hereby made: Provided further, That the board of trustees may obtain money under this section before July first, nineteen hundred five, in such amounts as they may, by requisition, certify to the Auditor General are necessary for immediate use, which amounts thus advanced shall be deducted from the amount appropriated when the appropriation becomes available. How paid. To be incorporated in state tax. The several sums appropriated by the provisions of this act shall be paid out of the general fund in the State Treasury to the treasurer of the Industrial School for Boys at such times and in such amounts as the general accounting laws of the State prescribe and the disbursing officer shall render his accounts to the Auditor General thereunder. SEC. 4. The Auditor General shall incorporate in the State tax for the year nineteen hundred five the sum of ninety-one thousand two hundred dollars, and for the year nineteen hundred six the sum of eighty-six thousand one hundred dollars, which when collected, shall be credited to the general fund to reimburse the same for the money hereby appropri ated. This act is ordered to take immediate effect. [No. 228.] AN ACT to amend section one of act number seventy-six of the public acts of eighteen hundred ninety-nine, entitled "An act to protect sidewalks and side paths, and to provide a penalty for its violation." The People of the State of Michigan enact: SECTION 1. Section one of act number seventy-six of the Section public acts of eighteen hundred ninety-nine, entitled "An act amended. to protect sidewalks and side paths, and to provide a penalty for its violation," is hereby amended to read as follows: drive animals, etc., upon sidewalks. SEC. 1. It shall be unlawful for any person, wilfully, to Unlawful to drive any cattle, horses, sheep, swine or other animals, or to ride or drive any vehicle other than bicycles or tricycles, upon and along the side paths and sidewalks, whether constructed by private persons or public authority for the use of pedestrians and bicyclists, in the public highways and roads. of this State, outside of incorporated cities and villages: Provided, Such paths and sidewalks to be protected by the Proviso. provisions of this act shall be on only one side of any roadway and in some manner separated and distinguished from the main traveled part of the highway: And provided fur- Further proviso. ther, That the location of such path or paths shall first have been determined by the commissioner of highways or the county road commissioner, such determination to be filed in the office of the township clerk or the clerk of the county, as the case may be: Provided further, That persons feeling Further proviso, themselves aggrieved at the decision of said highway commissioner shall have the right to appeal from his decision to the township board in the same manner as now provided by law in laying out and constructing highways. This act is ordered to take immediate effect. as to appeal to township board. [No. 229.] AN ACT declaring it unlawful to make or enter into certain contracts, understandings or agreements, and to provide a punishment therefor. The People of the State of Michigan enact: SECTION 1. That all contracts, understandings and agree- Contracts deemed ments, made or entered into by and between parties capable illegal. of making a valid contract, the purpose or intent of which Proviso. Idem. Penalty for violation. When limited partnership guilty of misuser. Attorney general to file quo warranto. Injured party, right of action for damages. is to prohibit, restrict, limit, control or regulate the sale of any article of machinery, tools, implements, vehicles, or appliances designed to be used in any branch of productive industry; or to enhance or control or regulate the price thereof; or in any manner to restrict, limit, regulate or destroy free and unlimited competition in the sale thereof, shall be deemed illegal and void as in restraint of trade: Provided, That nothing in this act shall be construed to impair or invalidate agreements or contracts known to the common law and in equity as those relating to good will of trade. SEC. 2. Contracts, understandings and agreements of the following nature, whether written or oral, are hereby declared to be illegal and void under the provisions of section one of this act: First. Contracts compelling and requiring that any particular make or brand of any article of machinery, tools, implements, vehicles or appliances designed to be used in any branch of productive industry, shall be dealt in or sold, by either party to such contract, to the exclusion of all other makes or brands of such article or articles. Second. Contracts providing for the exclusive sale of certain makes or brands of manufactured articles of machinery, tools, implements, vehicles or appliances designed to be used in any branch of productive industry, and stipulating certain sums to be paid as liquidated damages to either party for every article so sold of other than the specified make or brand. SEC. 3. Any person making or entering into any contract, understanding or agreement made illegal by the terms of this act, or who shall do any act in pursuance of carrying the same into effect in whole or in part, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not less than ten nor more than one hundred dollars, or by imprisonment in the county jail not more than ninety days, or by both such fine and imprisonment at the discretion of the court. SEC. 4. Any partnership limited, or corporation, organized under the laws of this State, or authorized to carry on business in this State, which shall make, execute or enter into any contract, understanding or agreement made illegal under the terms of this act, or shall do any act in pursuance of carrying the same into effect in whole or in part, shall be deemed to be guilty of a misuser and shall forfeit its charter and all rights thereunder. SEC. 5. It shall be the duty of the Attorney General to file an information in the nature of quo warranto, upon his own relation, or the relation of any person, on leave granted, against any corporate body whenever it shall violate any of the provisions of this act. SEC. 6. Any person who shall be injured in his business or property, through the making or operating of any contract, understanding or agreement, made in violation of this act, shall have a right of action against the parties to such con- This act is ordered to take immediate effect. [No. 230.] 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 six, and June thirty, nineteen hundred seven, and to provide a tax to meet the same. The People of the State of Michigan enact: penses. SECTION 1. There is hereby appropriated for the State Appropriation Board of Fish Commissioners on account of current expenses, for current exfor the fiscal year ending June thirty, nineteen hundred six, the sum of thirty-four thousand six hundred ninety dollars, and for the fiscal year ending June thirty, nineteen hundred seven, the sum of thirty-three thousand seventy-five dollars: Provided, That not more than three hundred dollars may be Proviso as to expended by said board for traveling and incidental expenses expenses, etc. outside of the State in each year. traveling SEC. 2. The further sum of five thousand six hundred dol- Further lars is hereby appropriated for the fiscal year ending June appropriation. thirty, nineteen hundred six, and for the purposes and amounts as follows: For the Mill Creek station, one thou- How used. sand two hundred dollars; for the Drayton Plains station, one thousand two hundred dollars; for the Harriette station, two thousand dollars; for the Sault station, one thousand two hundred dollars: Provided, That if the amount desig- Proviso. nated in this section for any one of the purposes stated be insufficient to complete the work or purchases, any surplus remaining after the completion of the other work or purchases specified in this section, may be used in the account or accounts where such deficiency exists, the intent of this proviso being to make the entire five thousand six hundred dollars available for the purposes stated herein: Provided Further proviso, further, That the State Board of Fish Commissioners may obtain. obtain money under this section before July first, nineteen hundred five, in such amounts as they may, by requisition, certify to the Auditor General are necessary for immediate use, which amounts thus advanced, shall be deducted from the total amount appropriated when the appropriation becomes available. as to when may |