Grand River times. [volume] (Grand Haven, Mich.) 1851-18??, 1855-02-14

IA, 1855. om enhF
in which said judgment was rendered. 1t shall be
the duty of the prosecuting attorney OF the county,
10 bring suit for any breach OF the rec0gnZance
last mentioned, whenever he shall be informed
that the condition thereof has been broken, and it
shal be his duty to prosecute all suits arising un-
der this act brought into the circuit court whether
by appeal or otherwise: Provided That he shall in
no case have the power to enter notle prOSeqm or
discontlnuance without leave of the court, and for
reasons therefor presented to the court i'll writing,
and filed in the cause.
Sec IL In every court in actions for debt arising
under this act the powers of the court the rules OF
practice and the trial and other proceedings, shall
De the same as in other civil actions and the costs
shall be the same in amount, and taxed in the same
manner. In any municipal or police court, the
powers OF the court, and the whole proceedings
Shall be the same as in such cases before justice
courts and whenever the circuit court is mention
cd IN this act the district court of the upper penin
| sula shall be considered as equally intended.
Sec. l3. Every seller Of drugs and medicines,
shall be held to be includedin all the prohibitions
and penalties OF this act against the selling spir-
ltuous or Intoxicating liquors, or mixed liquors.
part OF which is spirituous or Intoxicating except
ing only those persons whose sole or principal bu-
sness is the selling of drugs and medicines, who
| shall in person, and with two or more sufficient
sureties, give bond to the people of the State of
Michigan and cause the same to be filed in the Of
|
hve hundred dollars in any township, or one thou
sand dollars in any city or Incorporated village,
where he carries on such business; any partners
may execute such bonds Jointly, which bond shall
| Know all men by these presents that we -as
principal, and - and - as sureties, are
held and firmly bound unto the people of the State
of Michigan, i'll the sum of + dollars, to the
payment whereof, well and truly to be made, we
! bind ourselves, our heirs, executors and admins
| traitors, firmly by these presents sealed with our
seals, and dated this - day of -, A. D..
lS- Whereas thea above named principals now
carrying on. and proposes to continue the business
of selling drugs and medicines in -- in the
! county of - and whereas the said principal
hath covenantcd and agreed, and doth hereby COW
enant and agree as follows to wit; that he win not
directly or indirectly, by himself his clerk agent
or servant, at any time, sell any sprituous or any
Intoxicating liquors. or any mixed liquor, part of
which is spiruous or Intoxicating except to be u.s.
| ed as medicine for persons sick ut the time of
the sale, chemical agent in scientific mechan-
ica manufacturing, or of wine in the celebration
| of the Lords supper. That he will not sell the
same to any person who he knows, or has good
reasons to believe intends to use it as beverage,
or for any other purpose than such as are herein
expressed, or to any person to be drunk, for any
purpose upon the premises. That he will not sell
any such liquor TO q minor, unless upon the writ
ten order of his father mother guardian or family
| physician. That he will keep book containing a
! list, i'll writing OF the names Of all persons who
SHALL from time TO time purchase any such liquor
of him. his clerk, agent or servant, and of the per-
sons who act as their agents, in such purchase to-
gether with the quantity and kind of liquor pur-
chased on each and every OCCASION and the declar-
ed object for which the same was purchased; which
list shall, on demand be exhibited to any eector
of the township, city or village. And that he will
not in any case sell or deliver any such liquor, for
any purpose whatever to any person known to him
TO be habitual drunkard, or person in the hab-
! it of getting intoxicated .
Now the condition of this obligation is such, that
If the said principal shall well and truly keep and
perform all and singular, the foregoing covenants
and agreements, then this obligation shall be void
and Of no effect otherwise the shall be in full
! force and effect
| Signed and sealed in -IL.SI
presence Of TLSI
| Such bond shall afford such principaln no protec-
ton unless the approval thereof by the township
Board or the Board of Trustees or Common Coun-
| Gil of the village or city, shall be duly certified
| thereon, in writing; and he shall not be allowed
to sell such liquor in any other place, on pain of
| forfeting the same amounts, and being proceeded
with in the same manner if no such bond had
been given. Whenever any condition of such
bond shall be broken, it shall be the duty of the
Prosecuting Attorney of the county, to put the
same in suit, and collect the amount thereof by
due course of law and from the time of such
breach, said bond shall afford said principal no
protection against any suit or prosecution under
this act.
! 1t shall be the duty of such seller of drugs and
medicines, his clerk, agent or servant, whenever
applied to- to sell any liquor to enquire of the per-
son so applying for what purpose or use the same
is intended, rs it shall be the duty of such app-
cant to INFORM him truly; and in case such appi-
cant shall, in answer to such inquiry, make q false
statement, lie shall be liable to the same forfeit
ures that are provided in section three for the
lawful selling of such liquors. which forfeitures
may be enforced i'm the same manner and with
| like consequences as those mentioned in said Sec
tion And if such applicant shall omit, or refuse
to answer and such seller of drugs and medicines
shall, Notwithstanding sell and deliver to him any
such liquors, he shall lose all protection by virtue
| of such bond, and may be proceeded against in
| the same manner as if the same had not been Civ
en-. If any person in the habit Of getting intoXi-
Gated, and any member of his family, or three
other persons, on oath or affirmation to any men,
Der of the township Board, Trustee or Common
Council or any township, city or village in any
county that said person is in the habit of getting
intoxicated it shall be the duty of said member of
the Common Council, Trustee or township Board,
forthwith forbid all sellers of fdrugs or medicines
in such township, city or village, to sell such per-
son such liquors, for any purpose whatever; and
if such sellers of drugs and medicines shall, af-
ter being notified as aforesaid, sell such person
any such liquor, he shall be proceeded against for
an unlawful sale as in other cases.
| Sec. IA. The giving away of Intoxicating Ii
quors, any other shift device, with intent to
cvade the provisions of this act, shall be deemed
an unlawful selling, within the meaning of this
act and every person who as clerk, agent or SER
be deemed equally guilty as his principal and may
be prosecuted for such selling. And if any person
shall knowingly solicit or encourage any person,
who has previously used intoxicating drinks, hab-
itualy or injuriOusly, to use q beverage any
| such liquors, or cause them to be given to such