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

such liquor, and any such casks and vessels, he
shall safely keep the same so long as shall be nec-
essary, for the purpose of being produced or used
in evidence on any trial, or until the person in
whose possession,or under whose control they may
have been found shall have been tried, upon any
suit or prosecution that may have been commence
ed against him, for so keeping or having such Ii
quors under the next preceding section of this act
shall be restored to such person. If he be acquitted
but if he be convicted ofkeeping or having such
tcles SO seized for sale, such liquor shall be de-
stroyed by order of the court and any casks or
vessels in which the same was found shall be sold
under the direction of the court which may have
tried such person, or of the magistrate who issued
such search warrant; and the money arising from
the sale of any such casks or vessels shall be paid
over for the same uses as the fine or forfeiture adj
Judged against such party fu . fo uIur
Sec. g. Any justice of the peace of the county, or
any municipal or police court of any city or village,
shall have jurisdiction and authority to hear, try
and determine all cases arising under this act, oc-
curing in any part of the county in which such
justice resides, i'm which such court sits, except
for breach of the recognizance specifically men,
toned in section eleven, (ofwhich the circuit court
shall have jurisdction.) The suit shall be brought
in the name of the people of the State of Michigan
in an action of debt, and may be instituted by any
person who is a resident of such county and all
parties to any such proceedings, shall be cOmpe-
tent witness in the case except the defendant there
in. Such suit may be instituted by the prosecuting
utlOIHcy Vi proper county anu III snail Dc tllc
duty of the common council attorney, or alderman
of any city, the board of trustees of any village,
and each one of them and of the supervisor of any
township, when any offence under the provision of
this act shall have been committed who shall have
knowledge thereof, or reasonable evidence by affi-
davit thereof served upon him, to institute such
suit without delay "a. if.
Sec 9. Any suit under this act may be commen-
ced by summons or by warrant before any justice
of the peace, any municipal or police court, and
of loy five m nd
proceedings in justices courts, in civil actions, and
all other provisions of law applicable to such cases,
not repugnant to this act SHALL so far as may be,
apply to all the proceedings therein; but it shall
not be necessary TO pay or tender any fees to any
witness subp@naed on the part of the people in any
case arising under the provisions of this act and if
such witness shall neglect or refuse to obey such
subpoena, an attachment may issue against him as
i'll all other cases 1t shall not be necessary for eli
ther party to advance any jury fees before the ZEN
dition of judgment in such cases. or in any Case
arising under this act
The following form of complaint shall be suffi-
cient to authorize the issuing of warrant against
person or persons complained OF, towit:
st1TE CoEETJ 1f on MICHIGAN IS
Mr.. ---, being duly sworn saws that he is
resident supervisor, &C., the case may be) of
the township, village or city, of - in said
county, and that he verify believes that = did
at - on the - day of -. d.. 1s-.
sell certain (spiruous or ntoXicating) liquors in
violation of an act entitled "an act to prevent the
manufacture and sale ofspirituous or Intoxicating
liquors as beverage, and such complaint shall
also set forth the facts and circumstances upon
which such belief is founded
1t shall not be necessary to describe in such COM
paint or in the warrant issued thereon the partic-
ular kind of liquor alleged TO have been sold or to
state whether the offence is the first any subse-
quent one. And any suit arising under this act
may be commenced and prosecuted within the cir
cult court of the proper county, in the same man
and with the like effect in other civil cases.
and said circuit court shall have jurisdiction con-
currently with such justices of the peace munich
pal police court to hear, try and determine such
suit Such action may be commenced in such cir
cult court by capias, upon filing an affidavit sub
stantiay the same as provided in this section, to
be made before justices of the peace Before such
capias shall issue, declaration shall be filed in
said cause, in substance as hereinafter set forth
and copy thereof shall be served upon the defend
ant at the same time the capias is served Special
bail shall be required in double the amount claim
ed in the declaration.
Any person authorized to institute or commence
such suit may appear therein in person, and pros
ecute the same, or may have an attorney or attor-
nies for such purpose. r ..-.
The declaration herein mentioned may be in the
following form, to wit:
The Circuit Court for the County e.,
(or other court, as the case may be.)
County Of, S. The people of the State of
Michigan complain of -, in an action of debt
anu say tnaI tne same - justly owes them the
sum of dollars for forfeiture which he has incur
red by selling spirituous or Intoxicating liquors
Cor for whatever offence the suit may be brought
at -, in said county, between the - day
of -, A. d., 1S- and the - day Of
A. d., 1S--, (ncluding period of not more than
thirty days. in violation of section - of an act
entitled an act to prevent the manufacture and
sale of spirituous or Intoxicating liquors as a bev-
erase," wherefore they bring suit. .
BY y Prosecutor (or attorney
And if such suit shall be brought for second
or subsequent offence, the following additional
averment, i'll substance, shall be deemed suffi-
cent:
And the said people further say that the said
- has heretofore been once (or twice as the
on the - day of -, A. d., IS, before
-" On the trial Of any such cause, it shall
not be necessary to aver or prove the sale of any
particular kind of liquor by name and proof OF
the manufacture, use or sale of any mixed liquors
shall be construed to be included under the descrip
tion of spirituous or Intoxicating liquors.
Sec TO- Any forfeiture under this act may be re-
covered by indictment, as for a msdemeanor, and
upon conviction the court shall adjudge and order
the defendant to pay the same sums to be com
mitted and imprisoned in the same manner when
the proceeding is by action of debt and such judg-
ment and the execution thereon, shall have the like
effect.
Sec H. In all actions of debt herein provided
for the prosecution may take an appeal or writ OF
error, in the name of the people of the State OF
Michigan, upon the same terms and conditions as
if he was plaintiff and the defendant may likewise
make an appeal or writ of error, and any such ap-
peal or writ of error, shall be taken within the
same time, upon the same conditions, and in the
same manner as in other civil action: Procided
That the defendant, before any appeal or writ OF
error shall be allowed considered as taken, and
within the time for taking such appeal or writ OF