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GENERAL REVISION OF THE CONSTITUTION.

By whom
printed, to whom
furuished, etc.

Shall a convention for the purpose of a general revision of the constitution be held?

Yes []

Shall a convention for the purpose of a general revision of the constitution be held ?

No []

Said ballots shall be printed by the board of election commissioners of the several counties and shall conform in all respects to the provisions of law relating to the submission of amendments to the constitution, and shall be delivered to the board of election inspectors at each voting precinct in this State and it shall be their duty to see to it that each elector is furnished with a ballot relative to the calling of such convention, for the purpose of making a general revision of the constitution, and to inform such elector of the nature and purpose of it, and each elector shall be required on coming out of the booth to produce and hand to such inspector the ballot relating to such revision, who shall place the same in the box prepared for that purpose. All votes cast therefor shall be taken, counted, canvassed and returned as provided by iw for the election of a justice of the Supreme Court.

Approved June 20, 1905.

Votes, how canvassed.

[Ņo. 326.]

AN ACT to amend sections sixteen and seventeen of chapter

seventy-one of the revised statutes of eighteen hundred forty-six, entitled “Of the inventory and collection of the effects of deceased persons,” the same being sections nine thousand three hundred sixty-three and nine thousand three hundred sixty-four of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

Sections

SECTION 1. Sections sixteen and seventeen of chapter sevamended.

enty-one of the revised statutes of eighteen hundred forty-six, entitled “Of the inventory and collection of the effects of deceased persons," being sections nine thousand three hundred sixty three and nine thousand three hundred sixty-four of the Compiled Laws of eighteen hundred ninety-seven, are

hereby amended so as to read as follows: When suit to be Sec. 16. When there shall be a deficiency of assets in the prosecuted to recover lands,

hands of an executor or administrator, and when the deceased etc., fraudulently shall in his lifetime have conveyed any real estate, or any conveyed by deceased. right or interest therein, with intent to defraud his creditors, or to avoid any right, debt or duty of any person, or shall have so conveyed such estate, or so caused the same to be conveyed, that the deeds of conveyance are void as against creditors or so that the grantee of such estate is in equity a trustee for the benefit of creditors, the executor may, and it shall be his duty to commence and prosecute to final judgment any proper action or suit at law or in chancery for the recovery of the same, and may recover, for the benefit of the creditors, all such real estate, and may also and it shall be his duty to sue in any proper action at law or in equity and recover for all goods, chattels, rights, credits or assets of any kind which may have been so fraudulently conveyed by the deceased in his lifetime, whatever may have been the manner of such fraudulent conveyance or which may have been so conveyed or caused to be conveyed, that the conveyance is void as against creditors, or so conveyed or caused to be conveyed that in equity the grantee is a trustee for the benefit of the creditors of the deceased.

SEC. 17. No executor or administrator shall be bound to Executors, ete., sue for such estate as mentioned in the preceding section for prosboured to the benefit of the creditors unless on application of a creditor by order of

creditors. or creditors of the deceased, nor unless the creditor or creditors making the application shall pay such part of the cost or expenses, or give such security to the executor or administrator therefor as the probate court shall deem just and equitable: Provided, That in case any executor or administrator Proviso: When after application of any creditor and an offer by such creditor to pay or secure to such executor or administrator such portion of the costs or expenses as the probate court may deem reasonable, shall refuse or neglect to sue for such estate or to prosecute such suit, then such creditor upon filing a bond in such sum and with such sureties as shall be approved by the judge of probate, conditioned to save such executor or administrator harmless from the whole of the costs and expenses of such proceedings in case of failure to recover, may sue and recover such estate in the name of such executor or administrator and for the benefit of the creditors of such estate: Pro- Further proviso. vided further, That in case suit is brought by a creditor in the name of the executor or administrator as well as when brought by the executor or administrator individually, the court shall Payment of order the reasonable costs and expenses of the proceedings

court expenses. paid from the fund or estate recovered, if any, before any distribution of the same shall be made to creditors. Approved June 20, 1905.

64

executor refuses to prosecute.

[No. 327.]

AN ACT to prevent persons who have lived in bigamous re

lations from inheriting property from their lawful spouses or receiving property from their estates.

The People of the State of Michigan cnact:

Persons living in SECTION 1. No person who, at the time of the death of the bigamous relations, not to

lawful husband or wife of such person, was or shall be living inherit property. with another person, within or without the State, pursuant to

a purported marriage, but in fact in a bigamous relation, shall inherit or take any estate, right or interest whatever, by way of dower, allowances, inheritance, distribution, or otherwise,

in the property or estate, real or personal, of the deceased. Order

SEC. 2. In any order determining heirs, or of distribution, determining heirs, how made.

hereafter to be made, if it shall appear to the probate court that the surviving spouse was thus living in bigamy at the time of such death, whether the death occurred before or after the passage of this act, such order shall be made in all respects as if such spouse had not survived.

Approved June 20, 1905.

[No. 328.]

AN ACT to provide for the extension of the corporate life of

corporations, organized under the laws of this State, whose term of existence would otherwise expire, and to fix the rights, duties and liabilities of such renewed corporations.

The People of the State of Michigan enact:

How and when corporations may extend corporate existence.

SECTION 1. Any corporation, organized under the general laws of this State, except those whose reorganization or extension is provided for by existing laws, whose term is about to expire by limitation, may at any time within two years next preceding the expiration of such term, by a vote of at least two-thirds of its capital stock at any annual meeting or at any special meeting of its stockholders called for that purpose, and in case the corporation has no capital stock by a majority vote of the members thereof, direct the continuance of its corporate existence for such further term, not exceeding thirty years from the expiration of its former term, as may be expressed in a resolution for that purpose. Upon the adoption of such resolution by the stockholders voting in person or by proxy, duly filed, at the annual meeting or any special meeting called in accordance with the by-laws of the corporation, it shall be the duty of the president and secretary of the stockholders' meeting, to make, sign and acknowledge duplicate articles of association, to which shall be appended a copy of the proceedings of such stockholders' meeting, certified by the secretary and verified by his oath, which articles of association shall be filed in the same public offices where the original articles were required to be filed, and be recorded in those offices, at the expense of said corporation, and the copies so filed, or the record thereof, or the certified copy of either of such records, shall be prima facie evidence of the facts therein recited: Prorided, The franchise fee provided by law Proviso as to shall apply and be paid by such corporation reincorporated franchise fee. hereunder.

Sec. 2. The renewed term of such corporation shall begin Renewed term, from the expiration of its former term, and a corporation etc. which has thus been renewed shall be the same corporation, and hold and own all the rights, franchises and property held Same powers. and owned by the corporation before renewal, and be subject to all its liabilities, and have the same stockholders and members and the same officers. The articles of association and Articles may be

changed.
by-laws thereof may be changed or amended by the corpora-
tion in the manner required by law.

This act is ordered to take immediate effect.
Approved June 20, 1905.

when to begin,

[No. 329.)

AN ACT relative to agreements, contracts and combinations

in restraint of trade or commerce.

The People of the State of Michigan enact:

SECTION 1. All agreements and contracts by which any Agreements and person, copartnership or corporation promises or agrees not contracts declared to engage in any avocation, employment, pursuit, trade, profession or business, whether reasonable or unreasonable, partial or general, limited or unlimited, are hereby declared to be against public policy and illegal and void.

Sec. 2. All combinations of persons, copartnerships, or Combinations, corporations made and entered into for the purpose and with etc., illegal. the intent of establishing and maintaining or of attempting to establish and maintain a monopoly of any trade, pursuit, avocation, profession or business, are hereby declared to be against public policy and illegal and void.

SEC. 3. Any corporation organized under the laws of this Corporations State for the purpose of establishing and maintaining, or at- organized to tempting to establish or maintain, any combination of per- binations, etc sons, copartnerships or corporations with intent to establish policy.

and maintain or of attempting to establish and maintain à monopoly of any trade, pursuit, avocation, profession or busi. ness, is hereby declared to be against public policy and illegal

and void. Foreign corpora

SEC. 4. Any foreign corporation organized for the purpose tion, when prohibited.

and with the intent of establishing and maintaining or of attempting to establish and maintain a monopoly of any trade, pursuit, avocation, profession or business, is hereby prohibited from doing business in this State, and any permission or authority heretofore obtained by any such corporation to do business in this State is hereby declared to be illegal and

void. Application of Sec. 5. This act shall apply to agreements, contracts and act, etc,

combinations in restraint of trade or commerce heretofore entered into or made, and which are sought to be enforced or maintained after this act takes effect; and all contracts and agreements in violation of this act heretofore made, expressly or impliedly, continuing in force after this act takes effect, are hereby declared to be against public policy and illegal

and void. When not to Sec. 6. This act shall not apply to any contract mentioned apply.

in this act nor in restraint of trade, where the only object of the restraint imposed by the contract is to protect the vendee or transferee of a trade, pursuit, avocation, profession or business, or the good will thereof, sold and transferred for a valuable consideration in good faith and without any intent

to create, build up, establish or maintain a monopoly. Supplementary Sec. 7. This act is declared to be supplementary to, and

declaratory of, and in addition to act number two hundred
fifty-five of the public acts of eighteen hundred ninety-nine,
page four hundred nine.

This act is ordered to take immediate effect.
Approved June 20, 1905.

act.

[No. 330.]

AN ACT to provide for the immediate registration of births

and the requiring of certificates of births.

The People of the State of Michigan cnact:

Births, when, where and by whom to be registered

SECTION 1. All births that occur in the State shall be immediately registered in the districts where they occur, which primary registration districts shall be the same as those provided for the registration of deaths by act number two hundred seventeen of the public acts of eighteen hundred ninetyseven, as amended by acts numbers twenty, and two hundred nine of the public acts of nineteen hundred one. Local regis

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