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

dct mat no person snail DC allowed 10 manufuc-
turc or sell at any time, by himself his clerks, SER
want or agent, directly or indirectly, any spirtuous
or Intoxicating liquors, or any mixed liquors, n
part ofwhich is spirituous or Intoxicating, except
| as may be hereinafter specified.
Sec.2 All payments for such liquors sold in yio-
lation of law shall be considered as ha wing been re-
ceived without considerations and ag ainst law and
equity, and may be recovered back by any person
so paying the same, his wife any of his children
and all sales, transfers, grants releases qut-cams,
surrenders, mortgages pledges and attachments
of real or personal estate and liens and securities
thereon of whatever name or nature ard all con-
tracts Of agreement relating thereto the considera
ton whereof, either whole or in part shall have
been the sale, or agreement to sell any such liquor
shall he utterly null and void, against all persons
and in all cases. excepting only, as against nego-
table securities or the purchasers of property who
may have paid therefor fair price and received
the same upon a valuable and fair consideration,
without notice or knowledge of such illegal con-
sideration nor shall any suit at law or in equity,
be had or maintained upon any contract or agree
ment whatever, the consideration whereof shall
be either wholly or i'll part the sale of such liquors
In violation OF law, excepting only when such suit
is brought by such bona fde holders of negotiable
paper, or purchaser of property without notice
Sec. s. If any person by himself, his clerk, agent
or servant shall, directly or indirectly, sell any
such LIQUOR, he shall forfeit and paw on the first
conviction ten dollars and the cost of suit or pros
ecutlon, and shall be at once committed to the
common Jail of the county, until the same be paid.
On the second conviction for the like offence, he
shall forfeit and pay twenty dollars and the cost of
suit or prosecution, and shall be committed until
the same be paid; on the third and every subse-
quent conviction, he shall forfeit and pay one hun
dred dollars and costs and shall i'll addition to
such forfeiture, be imprisoned in such Jail not less
than three nor more than six months PrOUided,
That on first and second conviction such person
shall not be held committed, for more than two
months from the date of conviction: Pr0cided,
That 1t shall in no case be any defence, that the
hnfp iatnI Nnrn
times, but hc may be prosecuted at any time, or
any number of times, as for first offence, if the
several prosecutions are for distinct offences.
Sec. A. Every person who shall be q common
seller, by himself, his clerk, agent or servant of
any such liquors, and every person who shall be a
manufacturer thereof, shall on each conviction,
forfeit and pay double the amount specified in the
last preceding section, with the costs of suit or
prosecution; and on the two first convictions, he
shall be committed to such common jail until the
same be paid, and on third or any subsequent
conviction, he SHALL in addition to the forfeiture,
be imprisoned in such Jail for six months: Prooi-
ded, That person convicted under this section
shall not, on either first second conviction be
held committed for more than three months from
the date of the conviction.
Sec. o. Notwithstanding such commitment or
such imprisonment, provided for in the two last
preceding sections, the sum so adjudged against
the person convicted, and such COSTS shall be and
remain valid judgment, upon which execution
may issue against his property
Sec. o. No person shall be deemed to have or ac-
qure any legal property or ownersh ip in any such
liquors intended to be sold in violation of law, OF
in any casks or vessels containing them; but the
same shall be deemed a public nuisance, and the
person keeping the same, may be proceeded against
us In other cases of nuisance. And i'll addition this
liability as for nuisance, such person shall be
held liable to forfeit and pay the sum Of twenty
hve dollars with costs of prosecution for every such
offence, and such liquors SO kept for sale, and any
casks or vessels containing the same, shall be for
feted. he forfeiture under this section, shall be
recovered in the same manner, as those under Sec
tons three and four of this act and the forfeiture
of such liquors with the casks and vessels, shall be
part of the judgment of the court: Provided, That
the same shall have been seized upon u warrant
for that purpose: Prorided, That no person shall
be punished as for a nuisance, and also proceeded
against for such forfeiture, for the same offence
Sec Z. When complaint shall be made upon oath
to any magistrate authorized to issue warrants in
criminal cases, that said complainant does verify
believe that any one has in his possession, or un-
der his CONTROL with intent to sell the same contra
ry to law, i'll any particular house or place, any
spirituous or Intoxicating liquors. or any mixed Ii
quors, part of which Is spirtuous or intoxicating
such magistrate shall, If he find probable cause 10
believe such complaint to be true, issue warrant
to search for such liquors; but every such COM
plant shall state the facts and circumstances fully,
upon which such belief is founded, the magistrate
may better judge Of the existence of such proba-
bic cause; and such complaint shall also describe
the place TO be searched and articles to be search
ed for. Every such warrant shall be directed to
the sheriff, or any constable of the county, or the
marshal, or other officer of anyicity village, COM
manding such officer to search in the daytime the
house or place described in such complaint; (which
place shall be described in the warrant, and the ar
tcles to be searched for shall be described as near
as may be, therein,) and to take such articles, il
any be found and seized, in some safe and conven-
lent place, to abide the order of the court but
dwelling house shall be searched under any such
warrant, unless there shall have been offered to
such magistrate positive proof, under oath of q
sale, within thirty days Immediately before, either
upon such premises, or from liquors kept therein