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

delivered TO and approved by said Judge or JUS
tice within three days from the time Of making
and entering such order or udgment-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 care, and shall in making such return con-
form to the provision of law relative TO returns
to be made on appeals from the judgment of a
Justices court, so far as the same are applicable
and the appellate court shall have the same
power to compel the same in other cases of ap-
peal, 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 al his place of business such rea-
sonable and proper quantity of distilled liquors
~ he may have occasion TO use in his art or trade
but not for SALE
Sec. 13. 1t shall be the duty of any Mayor,
Alderman, Supervisor, City Marshal or Deputy
of his, or any Sheriff, Under or Deputy Sheriff
or Constable, if he shall! see that any intoxica-
ting liquors are kept or sold in any tent, slanty
hut or any other place fany kind for selling re-
freshments or otherwise in any public place on
or near the ground of any cattle show, agricul-
tural exhibition camp meeting or public occa-
sion 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 ar
rest the keeper or keepers of such place, and
take them forthwith, or as soon as may be, be-
fore some justice of the peace, or Judge of n
municipal or police court with the liquors so
found and SEIZED and upon proof that such IL
quors are intoxicating, that they were found in =
possession of the accused, in tent, shanty or
other place aforesaid, he or they shall be SEN
fenced 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.
Sec. IA. Any person arrested under the pre-
ceding section and sentenced as aforesaid may
claim an appeal to said circuit or district court,
but before his appeal shall be allowed, he shall
give n bond in the sum of one hundred dollars,
with two good and sufficient sureties, to be ap-
proved by such justice or Judge, that he will
prosecute his appeal in such circuit of district
court to effect, and pay all costs which may be
awarded against him. And thereupon the case
cult or district court, as provide in section
twelve of this act; and the appellate court shall
have the like power to hear and determine the
case.
Sec. Is. In all cases of appeal under this act,
from the judgment of a justice or Judge of any
municipal or police court, to the circuit or dis
trict court, except when the proceeding is by ac-
tion of debt, they shall be conducted in said
court by the prosecuting attorney of the coun-
ty; but no costs in such cases shall be RENTED
by the prosecuting attorney or the court. In
any suit, indictment or proceeding against any
person for violation of any of the provisions
Of this act, other than of the first ofense, it shall
not be necessary to set forth particularly the rec
ord of former conviction, but it shall be sutfi-
cient to allege briefly that such person has been
convicted of violation of the fourth section of
this act, or as common seller, rs 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.
Sec. l6. All payment or compensations for
liquors sold in violation of law, whether in mon
ey, labor other property, either real or person.
al, shall be held and considered to have been re-
ceived in violation of law, and without consid-
Grafton and against law and equity and all sales,
transfers and conveyances mortgages, liens, at
tachments, pledges and securities of every kind,
which, either in whole or in part, shall have
been for, on account of spiriuous or intoxicat-
ing 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 IL
quors may be witness for either party; nor
shall any action of any kind be had or maintain
ed in any court in this State, for the recovery or
possession of intoxicating 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 ap-
ply to any debts contracted before this act takes
effect
Sec. II. If any person, whose duty it is to
carry into effect any of the provisions of this act,
shall wifully neglect so to do, he shall be Deem
ed guilty of a misdemeanor, and on conviction
thereof shall be punished as provided for by
law. n 4t
Sec. l8. This act shall be submitted to the
electors of this State for their approval or dis
approval, on the third Monday Of June in the
year of our Lord one thousand eight hundred
and fifty-three, when there shall be an election
held for that purpose in each of the townships
cities and villoUas in fhs Sfofa. and If shall he