The diamond drill., 1918-04-13
section as. Proof of single sale


retail druggist, manufacturing phar-
macist or manufacturing chemist.
holding permit under this act, OF a
United States revenue tax, permitting
the manufacture or sale, at wholesale
or retail. of any OF the liquors men
toned In this act, at the time ana
place alleged in the complaint or IN
formation, shall be prima facie evil
dence OF a violation OF this act.
alleged In the complaint or lniorma-
ton, hall be prima facle evidence OF
a violation OF thi act.
Section 46. The several prosecut-
ing attorneys OF this state are hereby
authorized and directed 20 secure from
the federal internal revenue collect
ors for Michigan, on or before the 10Th
day OF January and July OF each year,
the names Of all persons who have
paid the federal government special
taxes imposed upon the business OF
selling Intoxicating liquors, within
their respective counties, which names
shall be filed IN his Office and a copy
thereof furnished to the commission
er. the expense thereof 90 be audited
and allowed by the board of superyis-
ors or auditors.
Section AZ. Every wife. husband,
child. parent. guardian or other per-
son who shall be injured In person, or
property means of support or other
wise, by an intoxicated person, by
reason OF the unlawful selling, giving
or furnishing 20 any such person any
intoxicating liquors, shall have right
OF action in his or her name against
the person who shall by such selling
or giving any such liquors have caus-
ed or contributed 10 the intoXication
OF said person or persons, or who
shall have caused or contributed TO
any such injury, and in any action
provided for in this section the plain
tiff shall have right 10 recover act
ual and exemplary damages in such
sum, not less than fifty dollars in each
case, as the court or jury may deter
GAL EIGHT -, .h -. -. ........
mine. In case OF the death OF either
party, the action or right of action
given I'm this section shall survive 70
or against his or her executor or ad-
ministration, and in every such act
ion by husband, Wife, parent or child,
the general reputation of the relation
OF the husband and wife, parent and
child, shall be prima facie evidence Of
such relation, and the amount so re-
covered by either wife or child shall
be his or her sole and separate prop-
erty. Such damages, together with
costs OF suit, shall be recoverable In
an action OF trespass before any court
OF competent Jurisdiction, and in any
case where parents shall be entitled
to any such damages, either the faith
err or mother may sue alone therefor,
but recovery by one Of such parties
shall be a bar TO suit brought by the
other.
Section As Whenever complaint
shall be made TO justice of the
peace or court having Jurisdiction. OF
any violation OF the provisions OF this
act, he shall not require security for
costs 10 be given, but shall take the
complaint and examination Of the wit
nesses as in other cases, and If the Of
tense appears TO have been committed
he shall issue his warrant for the ar
rest Of the offender. and shall notify
the prosecuting attorney, whose duty
il shall be 10 prosecute the same
Section 49, All persons engaged
I'm the business OF selling or keeping
for sale any OF the liquors mentioned
IN this act. whether MS owner. or as
clerk. servant or employe, shall BE
equally liable, as principals. both civ
fly and crminally. except as herein
otherwise provided. for the violation
OF any of the provisions of this act.
or any person or principal shall be
liable, both civilly and crimiually. for
the acts of hls clerk, servant. agent OF
emplOye, for the violation of the pro-
visions Of this act
Section 60 Each violation of any
Of the provisions Of this act shall De
construed TO constitute a separate and
complete oitense.
Section 81 Any person who. him
self or by his clerk, agent or employe,
shall violate any of the provisions Of
this act for which violation specific
penalty is not herein provided. shall.
for the first offense, be guilty OF a mis-
demeanor, and upon conviction there
of be sentenced TO pay a fine of not
more than two hundred dollars and
the costs OF prosecution, or TO impris-
Onment in the county Jail for a period
Of not less than thirty days or more
than six months, and for every sec
ond and subsequent offense. SO com
mitted, whether in the same county
or In any other county OF the state. he
shall, upon conviction thereof. be
sentenced 10 imprisonment in any pen
al institution OF this state for a term
of not less than six months or more
than two years and in addition there
TO the court may impose n fine not ex-
ceeding one thousand dollars.
Section 80. All suits or actions
pending and rights of action accrued.
under the law In force the date this
act takes effect. whether on behalf of
the people OF the state or any person
or persons, are hereby preserved and
saved. and may be prosecuted and
sued TO final judgment. and such judg-
ment enforced In like manner and
with the same effect as though this
act were not passed.
Section 50. II shall be unlawful for
any common carrier it's agent or en-
ploye. TO collect receive, or transmit
N