[No. 130.] AN ACT to provide for refunding to purchasers the price paid to the State on sale of land by the Commissioner of the State Land Office, under section one hundred thirtyone of act two hundred six of public acts of eighteen hundred ninety-three, as amended by act one hundred fortyone of public acts of nineteen hundred one, in cases where the land sold did not belong to the class of lands liable to sale thereunder; for cancelling the conveyance of such lands to the State and restoring the tax liens thereon in favor of the State, which were erroneously cancelled. The People of the State of Michigan enact: land from refund of SECTION 1. Any purchaser of land from the State of Purchaser of Michigan at any sale heretofore made, or that may be here- state, who after made by the Commissioner of the State Land Office to petition for under section one hundred thirty-one of aćt two hundred price. six of public acts of eighteen hundred ninety-three, as amended by act one hundred forty-one of public acts of nineteen hundred one, may petition the Auditor General for a refund of the purchase price paid by him for such land in cases where the land so purchased did not belong to the class of lands liable to sale by such commissioner under said acts. SEC. 2. In any case where it shall be shown by due proof, Purchase price, when satisfactory to the Auditor General, that land purchased by to be refunded. the petitioner in manner set forth in paragraph one of this act was in fact actually occupied by the person having the record title thereto at the time of making and recording the determination relating thereto by the Auditor General and the Commissioner of the State Land Office under the provisions of act one hundred seven of public acts of eighteen hundred ninety-nine, and at the time such sale was in fact made to the petitioning purchaser, and that such purchaser never obtained possession or any beneficial use of such land and that he acquired no title thereto by such purchase for the reason that, at the date of such determination and such sale, the same was in fact occupied land, within the meaning of the statutes under which said sale was assumed to be made to such purchaser, the Auditor General shall cause the money paid therefor to the State of Michigan to be refunded to the purchaser with interest thereon at six per cent per annum. SEC. 3. In case the deed executed and delivered to the Deed, when to be canceled. petitioning purchaser by the Commissioner of the State Land Office on such sale shall not have been recorded, the same shall be delivered to the Auditor General for cancellation. If such deed has been recorded such petitioning purchaser When to be shall execute and deliver to the Auditor General a release of released. Certificate of error, how and by whom issued, when recorded. Tax liens restored to State. Share of refund proportioned. said land to the State of Michigan and shall pay to the Auditor General the cost of recording the same in the office of the register of deeds of the proper county, and it shall be the duty of the Auditor General to cause such release to be so recorded. SEC. 4. The Auditor General shall thereupon cancel the conveyance of said land made by the Auditor General to the State of Michigan by issuing a certificate of error in such proper legal form as may be required by the recording laws of the State of Michigan, and shall cause such certificate of error to be recorded in the office of the register of deeds of the proper county; and shall thereupon restore the tax liens in favor of the State of Michigan upon said land, which were erroneously cancelled at the time of the conveyance of the same to the State by the Auditor General, and said tax liens and the State bids thereon shall continue and shall have the same force and validity in every respect as if such erroneous cancellation had not been made. SEC. 5. The State and county and all municipal bodies within such county shall respectively bear and be charged with their share of such refund in the same proportion that the proceeds of any sale cancelled under the provisions of this act was divided among or apportioned to said several bodies. This act is ordered to take immediate effect. Section added. [No. 131.] AN ACT to amend act number six of the public acts of eighteen hundred eighty-five, entitled "An act to provide for the incorporation of mutual insurance companies, to insure against cyclones, windstorms and tornadoes, and defining their powers and duties," and the acts amendatory thereof, by adding one new section thereto, to stand as section nine, providing for the giving of notice of intention to amend the charter or articles of association, and legalizing certain amendments heretofore made by companies or ganized under said act. The People of the State of Michigan enact: SECTION 1. Act number six of the public acts of eighteen hundred eighty-five, entitled "An act to provide for the incorporation of mutual insurance companies, to insure against cyclones, windstorms and tornadoes, and defining their powers and duties," and the acts amendatory thereof, is hereby amended by adding thereto one new section to be known as section nine, which shall read as follows: to articles of SEC. 9. Any company incorporated under this act shall Amendment bave the power to amend its articles of association or charter, association. at any regular annual meeting held according to the provisions of said charter or articles of association, and upon giving notice of an intention so to do, and of the time and the place of the meeting for that purpose; such notice shall be Notice of published for five successive weeks in some newspaper pub- intention. lished weekly that has a general circulation throughout the State, and in some newspaper published weekly in the county in which the business office of said company is located, or such notice of intention may be given by printed circulars, postal cards or letters, to be addressed to all members, officers, trustees and directors of such company, and deposited in the postoffice with postage fully paid thereon, at least three weeks previous to such meeting. Any company organ- Amendment ized under this act may amend its charter or articles of as meeting. sociation at a special meeting called for that purpose, in accordance with the provisions of its charter, and by giving the notice of such intention to amend in the manner authorized by this section. All amendments made to the charter Amendments or articles of association of any company heretofore organ- legalized. ized under this act, after a notice of intention to amend the said charter or articles of association has been given in the manner herein provided, are hereby legalized and are hereby declared to be legal and valid. All amendments hereafter Submitted to made shall be submitted to the Attorney General and his Att'y General. certificate of compliance with the law obtained; and said at special amendments shall be filed in the office of the Commissioner Where filed. of Insurance and also with the clerk of the county in which the home office of the company is located. Approved June 12, 1907. Section amended. Amount of property allowed corporation. [No. 132.] AN ACT to amend section five of act one hundred nineteen of the public acts of eighteen hundred seventy-seven, being section eight thousand four hundred twenty-three of the Compiled Laws of eighteen hundred ninety-seven, entitled "An act to authorize the formation of corporations for the prevention of cruelty to animals and fowls." The People of the State of Michigan enact: SECTION 1. Section five of act one hundred nineteen of the public acts of eighteen hundred seventy-seven, being section eight thousand four hundred twenty-three of the Compiled Laws of eighteen hundred ninety-seven, entitled "An act to authorize the formation of corporations for the prevention of cruelty to animals and fowls," is hereby amended to read as follows: SEC. 5. Any corporation organized under this act shall have power to take, hold and convey real and personal property, not exceeding one hundred fifty thousand dollars in the aggregate. This act is ordered to take immediate effect. Unlawful to defraud. Penalty. [No. 133.] AN ACT to provide for the protection of the keepers of hotels, inns, restaurants and cafes and to repeal act one hundred ninety-six of the public acts of eighteen hundred eighty-five as amended. The People of the State of Michigan enact: SECTION 1. Any person who shall put up at any hotel, inn, restaurant or cafe as a guest and shall procure any food, entertainment or accommodation without paying therefor, except when credit is given therefor by express agreement, with intent to defraud such keeper thereof out of the pay for the same, or who, with intent to defraud such keeper out of the pay therefor, shall obtain credit at any hotel, inn, restaurant or cafe for such food, entertainment or accommodation, by means of any false show of baggage or effects brought thereto, shall, upon conviction thereof, upon the complaint of a keeper of a hotel, inn, restaurant or cafe, before a justice of the peace, be adjudged guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding thirty days, or by fine not exceeding one hundred dollars, or by both fine and imprisonment in the discretion of the justice. fraudulent SEC. 2. Proof that lodging, food or other accommodation Proof of was obtained by false pretense or by false or fictitious show or intent. pretense of baggage, or that the person refused or neglected to pay for such food, lodging or other accommodation on demand, or that he absconded or left the premises without paying or offering to pay for such food, lodging or other accommodation, or that he surreptitiously removed or attempted to remove his baggage shall be prima facie proof of the fraudulent intent mentioned in section one of this act. SEC. 3. Act number one hundred ninety-six of the public Act repealed. acts of eighteen hundred eighty-five, as amended, and all acts and parts of acts contravening the provisions of this act are hereby repealed. This act is ordered to take immediate effect. Approved June 12, 1907. [No. 134.] AN ACT to protect game in the public shooting grounds as designated in act sixty-six, public acts of eighteen hundred ninety-one, in the township of Fairhaven, Huron county. The People of the State of Michigan enact: when may be SECTION 1. It shall be unlawful for any person or per- Fur-bearing sons to kill, destroy or take, by any means whatsoever within animals, the limits of the public shooting grounds, as designated in killed, etc. act sixty-six, public acts of eighteen hundred ninety-one, any muskrat, mink or other fur-bearing animals, except during the months of November and December of each year. SEC. 2. Any person violating any of the provisions of this Penalty. act shall be deemed guilty of a misdemeanor and upon conviction thereof, may be punished by a fine of not to exceed thirty dollars for each offense, and in default of payment thereof, by imprisonment in the county jail not to exceed thirty days, or by both such fine and imprisonment, in the discretion of the court. SEC. 3. All acts or parts of acts inconsistent with the Acts repealed. provisions of this act are hereby repealed. This act is ordered to take immediate effect. Approved June 12, 1907. |