The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1855-05-22
THE NEW LIQUOR Law.

Of Spirituous and Intoxicating Liquors ds a
Bererdge., Ea - sis
SEC. /. The People Of The State Of .Michi-
gan enact. That no person shall be allowed 10
manufacture or sell ut any time. by himself,
his clerks, servant, or agent, directly or indi-
rectly, any spirtuous or Intoxicating liquors,
or any mixed liquors. part of which Is spirit
uous or Intoxicating, except as hereinafter
specified.
3 SEC 2. All payments for such liquors here
after sold in violation of law, shall be consid-
cred MS having boen received without conside
ration and against law and equity, and any
money or hing paid therefor may be recov-
ored back by the erron so paying he same;
his wife. or any of bis children and all sales
transfers. grants, releases. qnit CLAIMS. surren-
ders, mortgages. pledges. and attachments OF
real and personal estate. and liens and securi-
ties thereon of what ever name and nature,
and all contracts or ragreements relating there
to. hereafter made, the consideration whereof,
either In whole or In part. shall have been the
sale, or agreement to sell any such liquor. sba II
ID. utterly uuii ami void. against all persons
aud in all cases, exceiting only as against the
holders of negotiable securities orthe pnrchas-
crs If property, who may have had her, for a
fair prico. and received the same upon VAL
liable aud fair consideration, without notice
nor shall any sun oflaw. or in eqniu.y, be had
or maintained upon any contract or agree
meut whatever. hereafter made. the consdera-
ton whereof shall be either wholly or in part,
the sale of sncli liquors in violation of law. ex
cepting only when such suit is brought by
such bona fde holders IF bic paper. or
purchaser vt property without nOtce. Nor
snail any demand arising upon any such con.
tract or agreement whatever, be offered or al
lowed as q Sc; OFT or defence in any action
wbstever.
SEC. 3. If any person by himself his clerk.
agent, or servant shall, directly or indirectly,
sell or keep for salo contrary to law, any such
liquor. he shall forfeit or pay on the first con-
v.ction. ten dollars and the cost OF prosecution,
ana shall be at once committed to the common
| Jail OF tho county until the same be paid. On
the second conviction for the like offe &C. he
sh"ll forfeit aud pry twenty dollars, and tho
cnst OF suit or prosecuton. and shall be CON-
mitted as aforesaid until the same bc paid; on
| the third and every subsequent convict n. he
shall forfeit and pay one hund, cd dollars and
costs aud shall in addition to such forfeiture, bo
| imprisoned IN such jail not less thnn three nor
more than six months. Prorided, That on q
| first ar second conviction, such person shal
| not he held committed for moro than two
| months frnm tho date of the conviction !:
| Prouided, That il shall in no case bo any de-
fence that the person has been before nvicie ed
| one or more times, but he may DO prosecne ed
al any time, or any number of limos. as for a
| fret offence. il the several prosecutions are
for dsiinc, offences.
SEC. Every person who shall be com.
mon sellor, by himself his clerk ngent or SER
want, of any such liquors, and o,ery person
who shall he n manufacturer thereof, shall o.
e0ch conviction, forfeit and pay double tho
amount specified in the last preceding sec
| tion, with the cnsis of suit or prosecution: and
6n the t@o first convictions, he shall be- com
nitted TO such common Jail until the same b.
paid, and TN the third any subsequent con
vicion. he shall N addition to the fr feituro.
be- imprisoned in such Jail for SIX months:
| Provided. That a person con, icied under this
section shnll MT. on either first or serond
conviction bo held committed Tor more than
three months from ihe date of tho conviction.
C. 8 Notwithstanding such commit
ment. or such imprisonment. provided for iu
the two last preceding sections the sum so
adjuGeed against the person so convir,ed, and
such costs shall be aud remain n valid iudg-
ment. Upon which execution may issue against
| his property.
SIC. @ No person shall he deemed tn have
or aeqHire any legal property ar ownership in
|
of law. or in any casks or vessels containing
| them; but tho same shall be deemed a public
nuisance. and the porson keeping Tho same
shall be proceeded against as in other eases
of nuisance. And in addition his liability
! as for nuisance. such person shall be held IL
able 10 f'rioit and ray the sum If twenty five
dollars. with costs of prosecution. fer every
such ffenee; 8ud such liquors so kept for sale,
AMI sny vessels or casks containng tho same.
shall he Forfeited Tho forfeiture under this
section. shall ho recovered in the samo mann,r
as those under sections 3 ~ OF This ac,,
and the forfeiture Of surh liquors, with the
casks and vessels. shall be part Of Tho iudg-
ment of The court: Provided That tn" whole
shall havo heen seized uppn warrant for that
purpose: Providcd That no person shall be
pnl ishod as for nuisance, aud also proceeded
against for .ueh forfeiture, for tho samo of.
fence.
SEC n Whom complaint shall be ma'lo upon
oath 10 any magistrate authorized To issue war
rants in civil or criminal cases. that said CON-
plainant does verify believe that any person
has in his control. with intent 10 cell tho samo
contrary to law, in any particular house or
place. any spurious or intoxicating liquors, or
any mixed liquors, n part of which is spurious
or intoxicating. such magistrate shall If he find
probable cause TO believe such complaint to be
true, issue warrant to search for such liquors;
but every such complaint shall state the facts
anil circumstance fully. upon which such belief
, is founded, that the magistrate may tho hotter
Judge of tho existence of such probable cause:
and such complain shall ais" describe tho place
to be- searched. and tho articles to be searched
for. Every such warrant shall be directed to
the sheriff. or any constable of tho county, or
marshal or other offcer,nf any otv or village,
commanding such ofiicer to search in tho day
time, the houso or place described in such COM
plant; (Which place shall bo described in tho
warrant and tho articles tn DO searched for.
sbal be- described rs near MS may DO therein J
and to tako ana keep such articles. ii any bo
found aud seized, IN some cafe and convenient
place. to abide tho order of tho court. but no
dwelling house shall be searched undor any
such warrant. unless thero shall have been Of.
fered to such magistrate positive proof, under
oath. ef a sale within thirty days Immediately
preceding. either upon such premises OF from
liquors kept therein for tho purpose oil sale.-
When any officer. in tho execution Of such
senrch warrant shall seize any such liquor. and
any such cnsks nd VI sapla hn shnIl safely keen