Duties of of in certain from the time of making and entering such order or judgment; and on such bond being so given and approved, such judge or justice shall within ten days thereafter make return to such circuit or district court of the proceedings had before him, with copies of such complaint, warrant and return thereto, of the claim put in, and of his judgment or order in the case, and shall in making such return conform to the provision of law relative to returns to be made on appeals from the judgment of a justice's court, so far as the same are applicable; and the appellate court shall have the same power to compel such return as to compel the same in other cases of appeal; and on such appeal being so taken, and the return made, such circuit or district court shall have full power to hear, try and determine the same, and all questions arising in the case, and to carry into effect this act as fully as such judge or justice originally could do in the same; but nothing contained in this act shall be construed to prevent any chemist, artist or manufacturer, in whose art or trade they may be necessary, from keeping at his place of business such reasonable and proper quantity of distilled liquors as he may have occasion to use in his art or trade, but not for sale. Sec. 13. It shall be the duty of any mayor, alderman, supervisor, Beers, &c., city marshal or deputy of his, or any sheriff, under or deputy sheriff or constable, if he shall see that any intoxicating liquors are kept or sold in any tent, shanty, hut or other place of any kind for selling refreshments or otherwise in any public place on or near the ground of any cattle show, agricultural exhibition, camp meeting or public occasion of any kind, to search such suspected place, and if such officer shall find upon the premises any intoxicating drink, he shall seize it and arrest the keeper or keepers of such place, and take them forthwith, or as soon as may be, before some justice of the peace, or judge of a municipal or police court, with the liquors so found and seized; and upon proof that such liquors are intoxicating, that they were found in possession of the accused, in a tent, shanty or other place aforesaid, he or they shall be sentenced to imprisonment in the county jail for thirty days, and the liquors so seized shall be destroyed by order of said justice of the peace or judge. Person ar der prece may claim &c. Sec. 14. Any person arrested under the preceding section, and sentenced as aforesaid, may claim an appeal to said circuit or district rested uncourt; but before his appeal shall be allowed, he shall give a bond ding section in the sum of one hundred dollars, with two good and sufficient an appeal, sureties, to be approved by such justice or judge, that he will prosecute his appeal in such circuit or district court to effect, and pay all costs which may be awarded against him. And thereupon the case shall be appealed, and a return made to the circuit or district court, as provided in section twelve of this act; and the appellate court shall have the like power to hear and determine the case. ties of pros torn'y under Sec. 15. In all cases of appeal under this act, from the judgment Certain duof a justice or judge of any municipal or police court, to the circuit ecuting ator district court, except when the proceeding is by action of debt, this act. they shall be conducted in said court by the prosecuting attorney of the county; but no costs in such cases shall be remitted by the prosecuting attorney or the court. In any suit, indictment, or other proceeding against any person for a violation of any of the provisions of this act, other than of the first offense, it shall not be necessary to set forth particularly the record of a former conviction; but it shall be sufficient to allege briefly that such person has been convicted of a violation of the fourth section of this act, or as a common seller, as the case may be; and such allegation, in any civil or criminal process in any stage of the proceedings, before final judgment, may be amended without terms, and as matter of right. Payment or compensation for H quors sold under this ed void. Sec. 16. All payment or compensations for liquors sold in violation of law, whether in money labor, or other property, either real or personal, shall be held and considered to have been received in violation of law, and without consideration, and against law and equity; act, renderand all sales, transfers, and conveyances, mortgages, liens, attachments, pledges, and securities of every kind, which, either in whole or in part, shall have been for, on account of spirituous or intoxicating liquors so sold, shall be utterly null and void against all persons and in all cases, and no rights of any kind shall be acquired thereby ; and in any action either at law or equity, touching such real or personal estate, the purchaser of such liquors may be a witness for either party; nor shall any action of any kind be had or maintained in any court in this State, for the recovery or possession of intoxica Proviso. Penalty on certain per ting or spirituous liquors not lawfully held by the plaintiff at the time of seizure, and in accordance with the provisions of this act, or for the value thereof: Provided, That nothing contained in this section shall apply to any debts contracted before this act takes effect. Sec. 17. If any person, whose duty it is to carry into effect any of sons for wil- the provisions of this act, shall wilfully neglect so to do, he shall be under this deemed guilty of a misdemeanor, and on conviction thereof, shall be ful neglect act. This act punished as provided for by law. Sec. 18. This act shall be submitted to the electors of this State submitted for their approval or disapproval, on the third Monday of June, in for approval &c., of elec Monday of dings there in. tors on 3d the year of our Lord one thousand eight hundred and fifty-three, June, 1853; when there shall be an election held for that purpose in each of the publication and procee- townships, cities, and villages in this State; and it shall be the duty of the Secretary of State, immediately after the passage of this act, to transmit to the sheriff of each county in the State, a notice in writing, containing a brief statement of the contents of this act, and he shall cause a copy of this act to be published once in each week in the Lansing State Journal from the date of the notice until the election aforesaid; and the sheriff of the several counties, on receiving the notice hereby provided for, shall forthwith, in writing, notify the township clerk of each township, and one of the inspectors of election of each ward in any city or village, of such election; and it shall be the duty of the township clerks and inspectors of election of said wards receiving said notice, to give eight days notice in writing, or a printed, or partly written and partly printed notice, under their hands respectively, to the electors of the township or ward, of the time and place of holding such election, by posting the same up in at least three public places in the township or ward. The election provided for by this act shall be conducted in the same manner as by existing laws is provided for the holding of a general election, and the inspectors of said election are hereby invested with the same powers and authority as are provided by the election laws of this State for a general election. Duties of of election. Sec. 19. At said township, city, or village elections, a ballot box inspectors shall be kept by the several boards of inspectors thereof, for receiving the votes cast for or against said law; and on the ballots shall be written or printed, or partly written and partly printed, the words: "Adop tion of the law prohibiting the manufacture of intoxicating beverages and the traffic therein, Yes;" or the "Adoption of the law prohibiting the manufacture of intoxicating beverages, and the traffic therein, No." returns. Sec. 20. The canvass of the votes cast for the approval or disap- Canvass and proval of this law, "prohibiting the manufacture of intoxicating beverages and the traffic therein," and the returns thereof shall be made by the proper canvassing officers within the same time and in the same manner as now provided by law for the canvass and return of the votes cast at an election for Governor, as near as may be, and the returns thereof shall be made to the Secretary of State, Governor, and State Treasurer, within the time and in the manner provided by law for the election of Governor. And on the first Tuesday of August, eighteen hundred and fifty-three, the Auditor General, State Treasurer, and Secretary of State, shall meet at the Capitol, and proceed in the presence of the Governor to examine and canvass the returns of the said votes, and proclamation shall forthwith be made by the Governor of the result thereof; if it shall appear that a majority of the votes cast, have thereon, "Adoption of the law prohibiting the manufacture of intoxicating beverages and the traffic therein, Yes," this act shall become a law of the State, from and after the first day of December, eighteen hundred and fifty-three; but if a majority of the votes cast upon the question have thereon, "Adoption of the law prohibiting the manufacture of intoxicating beverages and the traffic therein, No," this act shall take effect and become a law of the State from and after the first day of March, eighteen hundred and seventy. Sec. 21. All acts or parts of acts contravening the provisions of All acts conthis act, are hereby repealed. Approved February 12, 1853. [ No. 67. ] AN ACT to provide for the collection of taxes in the township of Lynn, in the county of St. Clair, for the year eighteen hundred and fifty-two, and to extend the time for the collection thereof. SECTION 1. The People of the State of Michigan enact, That the tax roll for the township of Lynn, in the county of St. Clair, for the travening, Legality of tax roll. Time for collection of year eighteen hundred and fifty-two, be and the same is hereby declared to be as valid and legal as if the same had been made out and delivered to the township treasurer, at the time prescribed by law. Sec. 2. That the treasurer of said township file his bond as required by law, within five days after the reception of said roll, and before he proceeds to the collection of the taxes. Sec. 3. That the time for the collection of said taxes be extended taxes ex- to the first day of June next, and that the said treasurer make return as provided by law in other cases, on or before the tenth day of June next. tended. Sec. 4. This act shall take effect and be in force from and after its passage. Approved February 12, 1853. Penalty for wilfully di tents of pri vate com municatn's. [ No. 68. ] AN ACT relating to telegraph operators and others. SECTION 1. The People of the State of Michigan enact, That any vulging con. person connected with any telegraph company in this State, either as clerk, operator, messenger, or in any other capacity, who shall wilfully divulge the contents, or the nature of the contents, of any private communication entrusted to him or her for transmission or delivery, or who shall wilfully refuse or neglect to transmit or deliver the same, shall, on conviction before any court, be adjudged guilty of a misdemeanor, and shall suffer imprisonment in the county jail or work house in the county where such conviction shall be had, for a term not more than three months, or shall pay a fine not to exceed five hundred dollars, in the discretion of the court. Sec. 2. This act shall take effect immediately. Approved February 12, 1853. |