When clerk to issue license. Renewals of. Sale not to be advertised until Application, what to show and specify. sand, as shown by the last preceding United States census, he shall pay to such clerk, at the time of filing such application, a license fee of twenty dollars per day for the first ten days or any part thereof for which application is made; if such transient merchant desires to transact business in a township, city or village having a population of more than twenty thousand and less than forty thousand, as shown by the last preceding United States census, he shall pay to such clerk, at the time of filing said application, a license fee of fifteen dollars per day for the first ten days or any part thereof for which application is made; if such transient merchant desires to transact business in any township, city or village containing a population of less than twenty thousand as shown by the last preceding United States census, he shall pay to such clerk, at the time of filing such application, a license fee of ten dollars per day for the first ten days or any part thereof for which application is made. And in all cases such transient merchant shall pay to such clerk, at the time of filing such application, ten dollars per day for each day after said ten days, during which he proposes to transact business. SEC. 3. Upon the filing of the application and the payment of the license fee provided for in the last preceding section, such clerk shall issue to such transient merchant a license to do business as such, at the place described in his application and for the length of time for which payment shall have been made, and such license shall entitle such transient merchant to do business at the place and for the time therein specified. No license shall be good for more than one person, corporation or copartnership, nor for more than one building or room. At or before the expiration of said license, it may be renewed for a definite time by said clerk, on application being made for such renewal and the payment of the license fee at the rate hereinbefore provided. SEC. 4. No transient merchant shall advertise, represent or license is obtained. hold out that any sale of goods, wares and merchandise is an insurance, bankrupt, insolvent, assignee's, executor's, administrator's, receiver's or closing out sale, or a sale of goods, wares and merchandise damaged by fire, smoke, water or otherwise, unless he shall have first obtained a license to conduct such sale from the clerk of the city, village or township in which he proposes to conduct such sale. The applicant for such license shall make to such clerk an application therefor in writing and under oath, showing all the facts in regard to the sale, which he proposes to conduct, including a statement of the names of the persons from whom the goods, wares and merchandise so to be sold were obtained, the date of delivery of such goods, wares and merchandise to the person applying for the license, and the place from which said goods, wares and merchandise were last taken, and all the details necessary to fully identify the goods, wares and merchandise so to be sold. Such application shall also specify whether the appli cant proposes to advertise or conduct said sale as an insur ance, bankrupt, insolvent, assignee's, executor's, administrator's, receiver's, or closing out sale, and if such application shall show that said proposed sale is of the character which the applicant desires to conduct and advertise, said clerk shall issue a license, upon the payment of a fee of one dollar therefor to the person applying for the same, authorizing him to advertise and conduct a sale of the particular kind mentioned in the application. statement SEC. 5. Every person making a false statement of any fact Penalty for in the application provided for in the last preceding section, making false shall be deemed guilty of perjury and shall, upon conviction thereof, be imprisoned in the State prison for not less than two years and not more than ten years. violation of act. SEC. 6. Every person who shall in any manner engage in, do Penalty for or transact the business of a transient merchant, in selling goods, wares or merchandise, without having first obtained a license therefor as required by this act, or who shall continue such business after the time limited in a license obtained therefor shall have expired, and any transient merchant who shall sell or expose for sale any goods, wares or merchandise contrary to the provisions of this act, or who shall advertise, represent or hold forth any sale of goods, wares or merchandise to be insurance, bankrupt, insolvent, assignee's, executor's, administrator's, receiver's or closing out sale, without first having complied with the provisions of this act, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined in a sum not less than fifty dollars and not more than five hundred dollars, or shall be imprisoned in the county jail for not less than ten days nor more than thirty days, within the discretion of the court. SEC. 7. license a lien on property. Should any transient merchant do any business in Non-payment of selling goods, wares and merchandise without first having obtained a license therefor as provided by this act, the amount which should have been paid by such transient merchant, pursuant to the provisions of this act, shall be a first lien in favor of the city, village or township in which such business shall be done, upon all goods, wares and merchandise of such transient merchant within said city, village or township, and the treasurer thereof may enforce the payment of the same by levy upon and sale of such goods, wares and merchandise, in the same manner as payment of delinquent taxes upon personal property is enforced under the tax laws of this State. SEC. 8. All license fees collected under the provisions of Fees collected, this act shall be immediately paid by the person collecting where paid. the same into the general fund of the city, village or township entitled to the same. to certain officers. SEC. 9. The provisions of this act shall not apply to sheriffs, Act not applicable constables or other public officers selling goods, wares or merchandise in the course of their official duties. Approved June 13, 1905. Sections amended. Special bail, surrender of. Proceedings to effect surrender. [No. 215.] AN ACT to amend sections twenty, twenty-one and twentytwo of chapter ninety-eight of the revised statutes of eighteen hundred forty-six, entitled "Of bail in civil actions and proceedings connected therewith," as amended by the several acts amendatory thereof, being sections ten thousand forty-seven, ten thousand forty-eight and ten thousand forty-nine of the Compiled Laws of eighteen hundred ninety seven. The People of the State of Michigan enact: SECTION 1. Sections twenty, twenty-one, and twenty-two of chapter ninety-eight of the revised statutes of eighteen hundred forty-six, entitled "Of bail in civil actions and proceedings connected therewith," as amended by the several acts amendatory thereof, being sections ten thousand forty-seven, ten thousand forty-eight and ten thousand forty-nine of the Compiled Laws of eighteen hundred ninety-seven are hereby amended to read as follows: SEC. 20. The special bail of any defendant may surrender him or the sheriff of the county may retake such defendant into his custody for the reasons set forth in section twentyone of this act, or such defendant may surrender himself in exoneration of his bail, before any judge of a circuit court, or a circuit court commissioner. SEC. 21. The proceedings to effect such surrender shall be as follows: First, There shall be produced to the officer authorized to accept the same two copies of the bail piece, upon one of which such officer shall indorse an order that the defendant be committed to the custody of the sheriff, in exoneration of his bail, which shall be delivered to such sheriff, and shall authorize him to commit and detain such defendant, until he shall be duly discharged; Second, Upon producing to such officer the certificate of the sheriff, that the defendant has been committed to, and remains in his custody, by virtue of such order of commitment, acknowledged before such officer by the sheriff, or proved by a subscribing witness thereto, an order shall be made by such officer, requiring the plaintiff to show cause before him, at such time and place as he shall appoint, why the bail of such defendant should not be exonerated from their liability; Third, Upon producing proof of the due service of such order on the plaintiff or his attorney, such officer shall proceed to hear the allegations and proofs of the parties; and if no good cause to the contrary appear, shall indorse an order on the second copy of the bail piece, briefly reciting the proceedings had before him, and thereby declaring that the bail of such defendant are discharged from all liability as such bail, in the suit in which such bail piece was taken; Fourth, To such copy of the bail piece shall be attached the certificate of the sheriff herein before required, with the acknowledgment or proof thereof, the order to show cause and the proof of the service thereof; which paper shall be immediately filed in the office of the clerk of the court, and until so filed, the liability of the bail shall continue; Fifth, If the sheriff who shall have taken such special bail bond shall discover that any surety to said bond is insufficient, he shall retake into custody the defendant who executed said bond, in any place that he may be found, and may commit the said defendant to the county jail until other good and sufficient surety shall be offered. SEC. 22. When a bail bond shall have been taken on the Surrender of defendant on arrest of a defendant, the bail therein may surrender their bail bond. principal or the sheriff of the county may retake said defendant into his custody, or he may surrender himself in exoneration of his bail in the same manner, before the same officers and with the like effect as provided in the preceding section with respect to special bail. Approved June 13, 1905. [No. 216.] AN ACT to repeal act number one hundred eighty-three of the public acts of nineteen hundred three, approved June four, nineteen hundred three, entitled "An act defining the jurisdiction of circuit courts in chancery in certain cases." The People of the State of Michigan enact: repealed. SECTION 1. Act number one hundred eighty-three of the Act public acts of nineteen hundred three, approved June four, nineteen hundred three, entitled "An act defining the jurisdiction of circuit courts in chancery in certain cases," is hereby repealed. Approved June 13, 1905. Act amended. Election districts, Redivision, when made. In case of townships and villages, laws to govern. [No. 217.] AN ACT to amend an act, entitled "An act to authorize the use of any thoroughly tested and reliable voting machine at any election held in this State," being act sixty-one of the public acts of eighteen hundred ninety-seven, as amended by act two hundred thirty-four of the public acts of nineteen hundred three, by adding five new sections to stand as sections twelve, thirteen, fourteen, fifteen and sixteen. The People of the State of Michigan enact: SECTION 1. Act sixty-one of the public acts of eighteen hundred ninety-seven, entitled "An act to authorize the use of any thoroughly tested and reliable voting machine at any election held in this State," as amended by act two hundred thirty-four of the public acts of nineteen hundred three, is hereby amended by adding thereto five sections to stand as sections twelve, thirteen, fourteen, fifteen and sixteen, and to read as follows: SEC. 12. For any election in any city, town or village in by whom created, which voting machines are to be used, the election districts. in number of voters. which such machines are to be used may be created by the officers charged with the duty of creating election districts, so as to contain as near as may be five hundred voters each. Such redistricting or redivision may be made at any time after any November election and on or before August fifteen following, and when so made shall take effect immediately. Thereafter no redivision of such election districts shall be made for elections by such machines until at some general election the number of votes cast in one or more of such districts shall exceed six hundred. In case of townships and incorporated villages so divided the provisions of chapter ninety-five Miller's Compiled Laws of eighteen hundred ninetyseven, shall apply to and govern all proceedings hereunder, with reference to such division, boards of registration, election inspectors and all matters arising therefrom not provided for by this act. In cities where no special provisions exist relative thereto, such division and all matters arising therefrom, not covered by the provisions of this act, shall be provided for by ordinance of the common council of said city, and it is hereby made the duty of such common council to make all necessary rules and regulations in connection therewith to fully carry out the provisions of this section. This provision, to certain cities. however, shall not apply to cities where the election law provides for a different, or larger number of voters in an election district. Cities. Not to apply May issue bonds for payment of machine. SEC. 13. The local authorities, on the adoption and purchase of a voting machine, may provide for the payment therefor in such manner as they may deem for the best interest of the locality and may for that purpose issue bonds, certificates |