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


direction uf tho court, which may have tried
such person, or of tho mag istrate who Issued
such search warrant, and the money arising
from the sale of such casks or vessels shall bo
paid over for tho same uses rs the dne or fore
fcituro adjudged against such party. II shalt
be tho duty of the court 60 Issuing said war;
ront 10 Afford the person against whom or whose
property tho same is sued, speedy trial for
any offence charged thoren, or In tho CON.
plant on which tho came was founded. or Tor
keeping said liquor; and the prosecution 90
the return ofsuch warrant shaIl forthwith make
or file at declaration against such person; and
IL shall be the duty OF the officer serving such
, warrant 10 notify the prosecutor Of ts return.
SEC. g. Any Justice of tho peace of the
county, or any municipal or police court OF any
city or village, shall have jurisdiction and au.
thority 10 hear. try and determine all cases
arising under this net, occurring In any part
of the country Ia which such justice residcs. OK
in which such court sits. except for breach
of the rccognizance specifically mentioned in.
section ,welve, (of which tho circuit court shah
have jurisdiction.) Tho suit shall be brought
IN the name Of the people ofthe State Of Michi.
gan, in an action OF debt. and may be instituted
by any person who Is a resident Of such couu.
try: and all parties to any such proceedings
shall be competent witnesses in the case, except
sttuied bv tho prosecuting attorney Of the
proper country; and it shall be the dnty Of the
common council. attorney or alderman Of any
city. tho board Of trustees of any village, and
each one of them. aud of the supervisor Of
any township. when any offsrce under the
provisions ri this act shall have been commit
ted, who shall have knowledge thereof, or
reasonable evidence By affidavit thereof served
upon him, to institute such suit without delay.
SEC. 8. Whenever complaint 10 required
by the provisions of this act to state facts and
circumstances for information Of any court OF
magistrate to whom such complaint Is made.
and he shall be unable by his own knowledge
to state sufficient facts and circumstances to
authorize tho issuing of q warrant. such court
or magistrate may after tho making OF any
such complaint issue subp@nas directed
to, and compel in the usual manuer the atten.
dance of witnesses who may be required to
testify to the best of their knowledge concern.
ing such facts and circumstances. al
SEC. 10 Any suit under this act may DO CON
menced by summons or by warrant before any
Justice of the peace, or any municipal or po.
lice court, and all the proceedings Of law re-.
latve to process and proceedings In justices
courts, in civil actions and all other provisions
of law applicable TO snch cases, not repugnant
to this act. shall, so far as may be, apply TO all
necessary to pay or tender any fees to any wit.
ness subpenaed in.sny other case arising undor
the provisions of this act; and if such witness
| shall refuse or neglect to obey such subpoena.
| an attachment may issue ngainst him as in 9th.
er cases. 1t shall not be necessary for either
party to advance any jury fees before tho rem.
| ,llton of judgement in such cases, or in any
case arising under this act.
The following form of complaint shall be
| sufficient to authorize tho Issuing of warrsnt
agnins: tho person or persons complainsd OF.
| To wit: 49,
STATE sdATE o OF MrcHiGAS'}...
being duly sworn. says ho is a resident (su.
per,isor &c.. as tho case may be,} Of the
| (township, village or city.) Of in said
county, and iha, he verify believes that
f,,.. A. d. l8 and
the dav Of Ads
not including a,pcfiod ever thirty days, sell
certain (spiriuous or intoxica'irg) liquors in
violation of an act entitled "en ac, to prevent
| the manufacture aud sale Of spir'uous or in
| toxcaiing liquors as a BEVERAGE; and such
nplaiht shall also set forth the facts and cir.
cumstanees upon which such belief is founded.
| II shall not be necessary to describe in such
complaint. or in tho warrant issued thereon.
tho particular kind of liquor nlledged to have
boon sold, or to state whether the offence 10
tho first or any subsequent one, or the day on
which, or The person. To whom, sncl !.quor was
sold. And apy suit arising under this act may
be commenced and prosecn'ed within the eire
cult court of the propor county, in the ramo
uannar ami with the Ike effect as in other civ.
I il casos. and said circuit court shall have j,-
risdir,ion concurrcnt!y with such Justices OF
tho peace, niuniciDal or police court, to hear.
| try and determine such suit. Such action
NAV be commenced in such circuit curt by
capias upon filing an affidavit SUBJ stantially the
Same ne provided in this secti n. to be mado
before Justices Of the peace. Before such ca.
pias shall issue, declaration shall he filed in
said cause, in substance rs hereinafter set
forth. and copy thereof shall be served upon
| the defendant vt tho same tmo tho capias ID
served. Special bail shall be required in
doHblo the amount claimed in such declars.
| tion. &
Any per on authorized TO institute or oom.
mence such suit. may appear therein In per.
son, and prosecute the same. or may have a.
attorney or attorneys for such purpose.
The declaration herein mentioned may DO
| IN tho following form, to wit:
The Circuit Court for the County cf
(or other court, as the case may BOD
tho State of Michigan complain of
in an action of debt, and say that tho same
justly owes thom Of
| dollars for a Forfeiture which he has incurred
by selling spirituons liquors, Tor for whatever
offence tho suit may bo bropghtD at
in said county, between the day
! of A. d., l8.
and tho day Of a.
ID. IS. (includng poriod Of not moro than
thirty dsys,) in violation Of section
of an act entitled "an act to prevent the msn-
ufarture and sale Of spirtuous or intoxicating
liquors as q beverage" wherefore they bring
suit.
By. prosecutor Tor attorney.)
And il such suit shall he brought for soc.
ond or subsequent offence, tho following adj
di,ioral avernent, in substance shall be deem.
ed Sufficient:
"And the said people further say that The
said rs has heretofore boon onco
Tor twice as tho case may be,) convicted Of the
lko offence, to wit: at i on
the c day OF 0i "a.
ID lS befnro