Grand River times. [volume] (Grand Haven, Mich.) 1851-18??, 1853-03-23


and shall be imprisoned four months in the COM
mon Jail of the county where the offence was
committed; said penalties to be recovered be-
fore any court of competent jurisdiction, by in.
dictment or by an action of debt, in the name of
the people of the State of Michigan. And when
ever default shall be had of any recognizance
arising under this act, scira tacias may be issued
returnable at the next term of court of COM
petent jurisdiction in the county, and the same
shall not be continued, unless for good cause,
satisfactory to the court.
Sec. 9. All cases arising under this act wheth-
er by action or indictment, which shall come be-
fore any court of record, on appeal or otherwise,
shall take precedence in said court of all other
business, except those criminal cases in which
the parties are actually under arrest and await
ing trial and no nolle prosequi shall be enter
ed without statement in writing first placed on
file by the prosecuting attorney and signed by
him, showing reasons satisfactory to the court,
for ordering the same to be entered and no
continuance shall be granted excepting where
the applicant therefor shall show TO the court
by affidavit placed on file, that such continuance
is required for the purposes ofjustice
Sec. 10. II any three persons, legal voters
In the township, city or village, where the com.
plaint shall be made, shall before any justice Of
the peace or Judge Of any municipal or police
court, make complaint under oath or affidavit,
that they have reason to believe, and do believe
that spirituous or Intoxicating liquors are kept
or deposited, and intended for sale by any per-
son not authorized to sell the same in said town.
ship, city or village, under provisions of this act
in any store, shop warehouse or other building,
or place in said township, city or village, said
justice or Judge shall issue his warrant of search
which warrant shall describe the place to be
searched and the article or articles to be seized,
to any sheriff. city marshall, or deputy, or to any
constable, who shall proceed to search the
premises described in said warrant, and if any
sprituous or intoxicating liquors are found
therein, he shall seize the same and convey them
TO some proper place of security, where he shall
keep them until final action is had thereon
But no dwelling house in which, or in part of
which, a shop is not kept shall be searched. un-
less at least one of said complanans shall testify
to some act Of sale ofintoXicating of liquors there
in, by the occupant thereof, or by his consent
or permission, wherein one month before the
time of making said complaint, provided such
warrant shall describe the place to be searched
and the article to be seized And the owner or
keeper of liquors seized as aforesaid. If he
shall be known to the officer seizing the same,
the Justice or Judge by whose warrant the IL
quors were seized-and if he fails to appear, or
unless he can show by positive proof that said
liquors are of foreign production, that they have
been imported under the laws of the United
States, and in accordance Herewith, that they
are contained in the original package in which
they were imported, and in quantities not less
than the laws of the United States prescribe, or
were at the time when seized legally held, and
for lawful purposes, they shall be declared for
feited and shall be destroyed by authority ofthe
written order to that effect, of said justice or
Judge, and in his presence or in presence of
some person appointed by him to witness the
destruction thereof, and who shall join with the
officer by whom they shall be destroyed, in
attesting the fact upon the back of the order by
authority of which it was done, and the owner,
or keeper of such liquors, provided he shall
have been duly summoned to appear, shall pay
fine Of twenty dollars and cots, or stand COM
mited for thirty days, fit shall appear that such
liquors had by him been kept or deposited for
the purpose of sale. And if the owner or pos
SCISSOR of any liquors seized in pursuance of
this section, shall set up claim that they have
been regularly imported under the laws of the
United States and that they are contained in the
original packages, the Custom House certificate
of importation and proof of marks on the casks
or packages, corresponding thereto, shall not be
received as evidence that the liquors contained
in said packages are those actually imported
therein
Sec. H. the owner, keeper or possessor of
liquors seized under the provisions of this ACT
shall be unknown to the officer seizing the
same, they shall not be condemned and destroy
ed until they have been advertised with the
number and description of the packages as near
as may be, for two weeks by posting up writ
ten description of the same in at least five pub.
lie places in the town, city or village where they
were seized, and if such liquors are actually the
property of any township, city or village in the
State,and were so at the time the seizure, pur
chased for sale by the agent Of said township,
city or village, for medical and mechanical pur-
poses only, in pursuance of the provisions of
this act they may not be destroyed-but on sat-
isfactory proof Of such ownership Within said
two weeks, before the justice drudge by whose
authority said liquors were seized, said justice
or Judge shall deliver to the agent Of said town.
ship, city or village an order for the same, d.
rected to the officer having said liquors in Gus
tody, whereupon said officer shall deliver them
to said agent, taking his receipt therefor upon
the back of said order, which shall be returned
to said justice or Judge.
Sec; H. Any person claiming any liquors
sa;,ad ,c oforasod NAV opnaal from tho indo-