CHAPTER LII.

OF THE MANUFACTURE AND SALE OF INTOXICATING DRINKS
AS A BEVERAGE.

Sale of Spiritu

ous and Intoxi

An Act to Prevent the Manufacture and Sale of Spirituous or Intoxicating Liquors as a

Beverage.

[Approved February 3, 1855. Took effect May 16, 1855. Laws of 1855, p. 13.]

(1661.) SECTION 1. The People of the State of Michigan enact, cating Liquors That no person shall be allowed to manufacture or sell at any time, by himself, his clerks, servant or agent, directly or indi

prohibited.

And see Ibid 348.

rectly, any spirituous or intoxicating liquors, or any mixed 3 Mich. Rep. 330. liquors, a part of which is spirituous or intoxicating, except cider, beer, and wine of domestic manufacture, and except also as hereinafter specified. (a)

Liquors sold in

Act may be re

therefor void.

(1662.) SEC. 2. All payments for such liquors hereafter sold Payment for in violation of law, shall be considered as having been received violation of this without consideration, and against law and equity, and any covered back. money or thing paid therefor may be recovered back by the person so paying the same, his wife or any of his children; Securities given and all sales, transfers, grants, releases, quit claims, surrenders, mortgages, pledges, and attachments of real or personal estate, and liens and securities thereon, of whatever name or nature, and all contracts or agreements relating thereto hereafter made, the consideration whereof, either in whole or in part, shall have been the sale, or agreement to sell any such liquor, shall be utterly null and void, against all persons and in all cases, excepting only as against the holders of negotiable securities. or the purchasers of property, who may have paid therefor a fair price and received the same upon a valuable and fair consideration, without notice or knowledge of such illegal consideration; nor shall any suit at law, or in equity, be had or maintained, upon any contract or agreement whatever hereafter made, the consideration whereof shall be either wholly or in part the sale of such liquors in violation of law, excepting only when such suit is brought by such bona fide holders of negotiable paper, or purchaser of property without notice, nor shall any demand arising upon any such contract or agreement whatever, be offered or allowed as a set-off or defence in any action whatever.

ling or keeping

(1663.) SEC. 3. If any person by himself, his clerk, agent or Penalty for sel servant, shall, directly or indirectly, sell, or keep for sale for sale. contrary to law, any such liquor, he shall forfeit and pay, on the first conviction, ten dollars, and the cost of suit or prosecution, and shall be at once committed to the common jail of the county, until the same be paid. On the second conviction for the like offence, he shall forfeit and pay twenty dollars, and the cost of suit, or prosecution, and shall be committed as aforesaid until the same be paid; on the third and every Penalties on subsequent conviction, he shall forfeit and pay one hundred victions.

subsequent Con

(a) As Amended by an Act to Amend Act Number Seventeen of the Laws of 1855, entitled, "An Act to prevent the Manufacture and Sale of Spirituous and Intoxicating Liquors as a Beverage," approved February 3, 1855. Approved February 17, 1857. Laws of 1857, p. 442.

Penalty for being
Common Seller

dollars and costs; and shall, in addition to such forfeiture, be imprisoned in such jail not less than three, nor more than six months: Provided, That on a first or second conviction, such person shall not be held committed for more than two months from the date of the conviction: Provided, That it shall in no case be any defence, that the person has been before convicted one or more times, but he may be prosecuted at any time, or any number of times, as for a first offence, if the several prosecutions are for distinct offences.

(1664.) SEC. 4. Every person who shall be a common seller, or Manufacturer. by himself, his clerk, agent or servant, of any such liquors, and every person who shall be a manufacturer thereof, shall, on each conviction, forfeit and pay double the amount specified in the last preceding section, with the costs of suit or prosecution; and on the two first convictions, he shall be committed to such common jail until the same be paid, and on the third or any subsequent conviction, he shall, in addition to the forfeiture, be imprisoned in such jail for six months: Provided, That a person convicted under this section shall not, on either a first or second conviction, be held committed for more than three months from the date of the conviction. Judgment and (1665.) SEc. 5. Notwithstanding such commitment, or such costs to be paid notwithstanding imprisonment, provided for in the two last preceding sections, the sum so adjudged against the person convicted, and such costs, shall be and remain a valid judgment, upon which execution may issue against his property.

Imprisonment.

Justices and Mu

nicipal and Police

Courts to have

Prosecution.

SEC. 6, 7. (b)

(1666.) SEC. 8. Any Justice of the Peace of the county, or Jurisdiction of any Municipal or Police Court of any city or village, shall have jurisdiction and authority to hear, try and determine all cases arising under this act, occurring in any part of the county in which said Justice resides, or in which such Court sits, except for a breach of the recognizance specifically mentioned in section twelve (of which the Circuit Court shall have jurisdiction). The suit shall be brought in the name of the People of the State of Michigan, in an action of debt, and may be instituted by any person who is a resident of such county; and all parties to any such proceedings shall be competent witnesses in the case, except the defendant therein.

(b) Repealed by Act of February 17, 1857. See note (a) They contained the "Search and Seizure Clauses," so called.

brought, and by

Such suit may be instituted by the Prosecuting Attorney of How suit to be the proper county; and it shall be the duty of the Common whom. Council, Attorney or Alderman of any city, the Board of Trustees of any village, and each one of them, and of the Supervisor of any township, when any offence under the provisions of this act shall have been committed, who shall have knowledge thereof, or reasonable evidence by affidavit thereof, served upon him, to institute such suit without delay.

required to testify

menced by Summens or Warrant.

(1667.) SEC. 9. Whenever a complainant is required by the Witnesses may be provisions of this act to state facts and circumstances for the on Complaint. information of any Court or Magistrate to whom such complaint is made, and he shall be unable of his own knowledge. to state sufficient facts and circumstances to authorize the issuing of a warrant, such Court or Magistrate may, after the making of any such complaint, issue subpoenas directed to, and compel in the usual manner, the attendance of witnesses, who may be required to testify to the best of their knowledge concerning such facts and circumstances. (1668.) SEC. 10. Any suit under this act may be commenced Suit may be com by summons or by warrant, before any Justice of the Peace, or any Municipal or Police Court, and all the proceedings of law relative to process and proceedings in Justices' Courts, in civil actions, and all other provisions of law applicable to such cases, not repugnant to this act, shall, so far as may be, apply to all the proceedings therein; but it shall not be necessary to pay, or tender any fees to any witness subponed Witness or Jury in any case arising under the provisions of this act; and if tendered. such witness shall neglect or refuse to obey such subpoena, an attachment may issue against him as in other cases. It shall not be necessary for either party to advance any jury fees before the rendition of judgment in such cases, or in any case arising under this act.

The following form of complaint shall be sufficient to authorize the issuing of a warrant against person or persons complained of, to wit:

fees need not be

plaint.

being duly sworn, says that he is a resident (Super Form of Com visor, etc., as the case may be), of the (township, village or city), of in said county, and that he verily believes that

Form of Com

plaint.

have concurrent

between the

did at

18 and the

day of

day of

A. D. A. D. 18 not including a period over thirty days, sell certain (spirituous or intoxicating) liquors, in violation of an act entitled, "An Act to prevent the Manufacture and Sale of Spirituous or Intoxicating Liquors as a beverage," and such complaint shall also set forth the facts and circumstances upon which such belief is founded.

It shall not be necessary to describe in such complaint, or in the warrant issued thereon, the particular kind of liquor alleged to have been sold, or to state whether the offence is the first or any subsequent one, or the day on which, or the Circuit Court to person to whom such liquor was sold. And any suit arising Jurisdiction. under this act may be commenced and prosecuted within the Circuit Court of the proper county, in the same manner and with the like effect as in other cases; and said Circuit Court shall have jurisdiction concurrently with such Justices of the Peace, Municipal or Police Court, to hear, try and determine such suit. Such action may be commenced in such Circuit Court by capias, upon filing an affidavit substantially the same as provided in this section, to be made before Justices of the Peace. Before such capias shall issue, a declaration shall be filed in said cause, in substance as hereinafter set forth, and a copy thereof shall be served upon the defendant at the same time the capias is served. Special bail shall be required in double the amount claimed in such declaration. Any person authorized to institute or commence such suit may appear therein in person, and prosecute the same, or may have an attorney or attorneys for such purpose. The declaration herein mentioned may be in the following form, to wit:

forfeiture which he has incurred by selling spirituous or intoxicating liquors (or for whatever offence the suit may be brought), at

day of

day of

in said county, between the

A. D. 18 and the A. D. 18 (including a

period of not more than thirty days), in violation of section