To compel respondent to refund tbe amount wbicb was exacted from relator under Act No. 79, Laws of 1891, and paid by it under protest.

Denied April 16, 1895, witb costs.

Delator insisted that the act bad been declared unconstitutional in Coit vs. Sutton, 102 M., 324; that the payment made was involuntary, and that the act invalidated the contracts made by relators, unless its provisions were complied with. First National Bank vs. Watkins, 21 M., 489; Nickodemus vs. East Saginaw, 25 M., 456.