Form of STATE OF MICHIGAN, complaint. Facts & cir County of he is a resident (supervisor &c., as the case may be,) of the (township, in said county, and that he verily believes village or city,) of that did at 18 and the between the day of -A. D day of, A. D., 18, not including a period over thirty days, sell certain (spirituous or intoxicating) liquors, in violation of an act entitled "an act to prevent the manufacture and sale of spirituous or intoxicating liquors as a beverage," and such complaint cumstances shall also set forth the facts and circumstances upon which such belief is founded. to be set forth. Kind of liquor need tioned. to have ju It shall not be necessary to describe in such complaint, or in the warnot be men- rant issued thereon, the particular kind of liquor alleged to have been sold, or to state whether the offence is the first or any subsequent one, or the day on which, or the person to whom such liquor was sold. *Circ't Court And any suit arising under this act may be commenced and prosecurisdiction. ted within the circuit court of the proper county, in the same manner and with the like effect as in other civil cases; and said circuit court shall have jurisdiction concurrently with such justices of the peace, municipal or police court, to hear, try and determine such suit. Such action may be commenced in such circuit court by capias, upon filing an affidavit substantially the same as provided in this section, to be made before justices of the peace. Before such capias shall issue, a declaration shall be filed in said cause, in substance as hereinafter set forth, and a copy thereof shall be served upon the defendant at the same time the Special bail capias is served. Special bail shall be required in double the amount c'aimed in such declaration. Any person authorized to institute or commence such suit may appear therein in person, and prosecute the same, or may have an attorney or attorneys for such purpose. <Capias, required. Form of declaration. The declaration herein mentioned may be in the following form, to-wit: The circuit court for the county . the State of Michigan complain of.. 88. The people of in an ..justly dollars, for a forfeiture which he has incurred by selling spirituous or intoxicating liquors, (or for whatever offence the suit may be brought,) at.......... in said county, between the day of... ..day of.... - A. D. 18.., and the...... a period of not more than thirty days,) in violation of section of an act entitled "an act to prevent the manufacture and sale of spir- And if such suit shall be brought for a second or subsequent offence, the following additional averment, in substance, shall be deemed sufficient: And the said people further say that the said.... has heretofore been once (or twice as the case may be,) convicted of the A. D. 18., 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, or the day on which, or to whom, it was sold; and proof of the manufacture, use or sale or keeping for sale of any mixed liquors shall be construed to be included under the description of spirituous or intoxicating liquors. Proof on trial. may be re indictment. Sec. 11. Any forfeiture under this act may be recovered by indict- Forfeiture ment, as for a misdemeanor; and upon conviction, the court shall adjudge covered by and order the defendant to pay the same sums, to be committed and imprisoned in the same manner, as when the proceeding is by action of debt; and such judgment, and the execution thereon, shall have the like effect. Writs of appeals al lowed. Sec. 12. In all actions herein provided for, the prosecutor may take an appeal, or writ of error in the name of the people of the State of proMichigan, upon the same terms and conditions as if he was plaintiff; and the defendant may likewise take an appeal or writ of error, and any such appeal or writ of error shall be taken within the same time, upon the same conditions, and in the same manner as in any other civil action: Provided, That the defendant, before any appeal or writ of er- Proviso. ror shall be allowed or considered as taken, and within the time for taking such appeal or writ of error, in addition to any other act or recognizance which may be required by law, shall enter into a recogni Recognizance of defendant. zance in the sum of two hundred dollars, with two good and sufficient sureties, to the satisfaction of the court from the judgment of which such appeal or writ of error is taken, conditioned that such defendant will not, during the pendency of such appeal or writ of error, violate any of the provisions of this act; which recognizance shall be sent up with the other papers in the case, on an appeal to the circuit court; and in case of a writ of error, it shall be filed with the clerk of the court Duty of pro- in which said judgment was rendered. It shall be the duty of the prosecuting attorney of the county to bring a suit for any breach of the recognizance last mentioned, whenever he shall be informed that the condition thereof has been broken; and it shall be his duty to prosecute all suits arising under this act, brought into the circuit court, whether by appeal or otherwise: Provided, That he shall in no case have the power to enter a nolle prosequi or discontinuance, without leave of the court, and for reasons therefor, presented to the court in writing, and filed in the cause. secuting at torney. Proviso. Rules and practice of court same as in other cases. Sellers of medicines. Sec. 13. In every court, in actions of debt arising under this act, the powers of the court, the rules of practice, and the trial and other proceedings, shall be 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 justices' courts, and whenever the circuit court is mentioned in this act, the district court of the Upper Peninsula shall be considered as equally intended. Sec. 14. Every seller of drugs and medicines shall be held to be indrugs and cluded in all the prohibitions and penalties of this act, against the selling of spirituous or intoxicating liquors, or mixed liquors, a part of which is spirituous or intoxicating, excepting only those persons whose sole or principal business is the selling of drugs and medicines other than intoxicating liquors, 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 office of the county clerk, in the sum of not less than five hundred dollars in any township, or one thousand dollars in any city or incorporated village, where he carries on such business; any partners may execute such bond jointly, which bond shall be in the following form: Know all men by these presents, that we, as principal, and and To give bond. Form of bond. sureties, are held and firmly bound unto the people of the State of Michigan, in the sum of ... dollars, to the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors and administrators, firmly by these presents, sealed with our seals, and dated this A. D. 18... Whereas the above named prinand proposes to continue the business of selling in the county of of... and Condition of bond. day of... cipal is now carrying on, drugs and medicines in whereas, the said principal hath covenanted and agreed, and doth hereby covenant and agree as follows, to-wit: that he will not, directly or indirectly, by himself, his clerk, agent or servant, at any time, sell any spirituous or any intoxicating liquors, or any mixed liquor, a part of which is spirituous or intoxicating, except to be used as a medicine, as a chemical agent in scientific, mechanical or manufacturing purposes, or of wine for sacramental purposes. That he will not sell the same to any person who he knows, or has good reason to believe, intends to use it as a 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 a minor, unless upon the written order of his father, mother, guardian, or family physician. That he will keep a book containing a list, in 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 persons who act as their agents in such purchase, together with the quantity and kind of liquor purchased on each and every occasion, and the declared object for which the same was purchased; which list shall, on demand, be exhibited to any elector 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 an habitual drunkard, or a person in the habit of getting intoxicated. Now the condition of this obligation is such, that if the Ibid. 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 same shall be in full force and effect. Signed and sealed in presence of,} -[L. S.] ...[L. S.] ..[L. S.] Bond to be Such bond shall afford such principal no protection, unless the approval approved. thereof by the township board, or the board of trustees, or common council 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 forfeiting the same amounts and being proceeded with in the Breach of same manner as if no such bond had been given. Whenever any conprosecuted. dition of such bond shall be broken, it shall be the duty of the bond to be Duty of druggist when applied to for liquor. Penalty if applicant statement. 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. It shall be the duty of such seller of drugs and medicines, his clerk, agent or servant, whenever applied to to sell any such liquor, to inquire of the person so applying, for what purpose or use the same is intended, and it shall be the duty of such applicant to inform him truly; and in case such applicant shall, in makes false answer to such inquiry, make a false statement, he shall be liable to the same forfeitures that are provided in section three, for the unlawful selling of such liquors, which forfeitures may be enforced in the same manner, and with like consequences, as those mentioned in said section. 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 given. If any person is in the habit of getting intoxicated, and geting any member of his family, or three other persons, shall make complaint on oath or affirmation, to any member of the township board, trustee member of or common council of any township, city or village, in any county, that cil, trustee, said person is in the habit of getting intoxicated, it shall be the duty of sail member of the common council, trustee, or township board, to make summary inquiry on due notice, to the person charged with being in the habit of getting intoxicated, and if the fact be found as charged in the complaint, forthwith to forbid all sellers of drugs or medicines in such township, village or city, to sell such person any such liquors, for any purpose whatever; and if such seller of drugs and medicines shall, after being notified as aforesaid, sell suh person any such liquor, he shall be procceded against for an unlawful sale, as in other cases. Persons in the habit of toxicated. Duty of com. coun or town b'd. |