spirituous, malt, brewed, fermented or vinous liquor, any mixed liquor, or any mixture or compound, a part of which is spirituous, malt, brewed, fermented or vinous liquor to a minor, nor to any adult person whatever who is at the time intoxicated, nor to any person in the habit of getting intoxicated, nor to any Indian or any person of Indian descent, nor to any person when forbidden in writing so to do by the husband, wife, parent, child, guardian or employer of such person, or by the supervisor of the township, mayor of the city, or director of the poor, or president or trustee of any village, or superintendent of the poor of the county in which such person shall reside or temporarily remain, and that he will pay all damages, actual and exemplary, that may be adjudged to any person or persons for injuries inflicted upon him or them, either in person or property or means of support or otherwise, by reason of his selling, furnishing, giving or delivering any such liquors. Now, the condition of this obligation is such that if said principal shall well and truly keep and perform all and singular the foregoing covenants and agreements, and shall pay any judgment for actual or exemplary damages which may be recovered against him in any court of competent jurisdiction and all fines and costs that may be imposed upon him for violations of this act, then this obligation shall be void and of no effect, otherwise the same shall be in full force and effect.

Signed and sealed in the presence of

May reject bonds.

Affidavit.

Contents of affidavit.

The township board of any township, the board of trustees of any village or the common council of any city may, by a majority vote, reject any or all such bonds presented to them for their approval.

There shall also be annexed to each bond required by this act (except when such bond is furnished and executed by a surety company as is provided by act number two hundred sixty-six of the public acts of eighteen hundred ninety-five, as amended, and subject to all the conditions therein specified), an affidavit of each surety thereto, which affidavit shall state that the affiant is not engaged either as principal, agent or servant in the sale of any liquors mentioned in this act, that he is not a surety upon any other bond required by the provisions of this act, that he is a male resident and freeholder of the township, village or city in which such bond is offered, and that he does not hold any elective or appointive office in any county, city, village or township of this State, and that he is worth in real estate, and appearing of record in his name (giving liber page) situated within the county in which such business is proposed to be carried on, having an assessed valuation in a sum equal to the amount of the bond over and above all indebtedness and exemptions from sale

be certified.

notice.

on executions, and if, in the judgment of the said board or council, said sureties, or either of them, are not worth the full sum mentioned in said bond over and above all their liabilities and exemptions, it, the said township board or village or city council, shall refuse to endorse said bond with its approval. Such bond shall not be received by the county Approval to treasurer, unless the approval thereof by the said board or council shall be duly certified thereon in writing, and the principal shall not be allowed to sell spirituous, malt, brewed, fermented or vinous liquors in any other building or place. than that specified in said bond, without giving notice and executing another bond in the manner herein prescribed and securing the consent of the local authorities granting the license to transfer his business to another location. A new New bonds. bond shall be required by the county treasurer with whom such bond was originally filed, in case of the death, insolvency or removal of either of the sureties: Provided, however, Proviso, That no new bond shall be so required until the principal and sureties upon such bond shall have been served with a notice, fixing a time and place when and where the county treasurer will give such principal and sureties opportunity to be heard as to why such bond should not be cancelled. If such county treasurer shall determine after such hearing that any of the foregoing contingencies exist, a new bond may then be furnished in the manner herein before provided. It shall not be lawful for any person to sell any of the liquors mentioned in sections one and two of this act following such determination after being notified by the county treasurer to procure a new bond, until said bond shall have been executed, approved by the proper board and filed with the county treasurer, and any sale made in violation of this section shall be a misdemeanor, and shall be punished as provided in section seven of this act; and in all actions brought upon said bond for damages by reason of the violation of any of the provisions thereof, the plaintiff in such action shall, in the event of recovering a judgment of any amount, also recover his costs of suit. The notice herein provided for shall be served and returned Service and by the sheriff of the county, who shall receive from the county for such services the same fees as are allowed by law for the service of original writs from the circuit court. SEC. 17. All saloons, restaurants, bars in taverns or else- Saloons, closwhere, and all other places, except drug stores, where any of ing of, etc. the liquors mentioned in this act are sold or kept for sale, either at wholesale or retail, shall be closed on the first day of the week, commonly called Sunday, on all general or any regular city, township or village election days, on Decoration day, Thanksgiving day, Labor day, Christmas day, New Year's day, Fourth of July, and on general or local primary election days until after the close of the polls, and until seven Time. o'clock of the following morning, and on each week day night from and after the hour of nine o'clock, until seven o'clock of the morning of the succeeding day. It shall be the duty

return of notice.

"Closed," defined.

Proviso.

of sheriffs, marshals, constables and police officers to close all saloons, houses or places that shall be found open in violation of the provisions of this section, and to report forthwith all such violations to the prosecuting attorney, whose duty it shall be to immediately prosecute for such violations. The word "closed" in this section shall be construed to apply to the back door or other entrance, as well as to the front door; and in prosecutions under this section it shall not be necessary to prove that any liquor was sold: Provided, That in all cities, incorporated villages and townships of not less than one thousand population, exclusive of villages where there is police protection, the common council, or board of trustees, or council, or township board, may by ordinance allow the saloons and other places where said liquor shall be sold to open at six o'clock in the forenoon and to remain open not later than eleven o'clock in the afternoon and no longer of any week day night, except on general or any regular city, township or village election days, Decoration day, Thanksgiving day, Labor day, Christmas day, New Year's day, Fourth of July, and on general or local primary election Proviso, may days until after the close of the polls: Provided, That in cities of forty thousand population and over, the council may by ordinance extend the closing hour to twelve o'clock midViolations. night. Any person found in the act of violating any of the provisions of this section shall be deemed guilty of a breach of the peace and punished accordingly; and the arrest therefor may be without process. All officers authorized to make arrests for a breach of the peace shall have like power to make arrests under the provisions of this section as in other cases of a breach of the peace.

extend hour.

Administrator, privilege of.

Proviso.

SEC. 40. In case of the death of a licensee engaged in the business herein regulated, the administrator or executor of such deceased licensee, shall be privileged to continue in the business under the license of the deceased licensee for the remainder of the year, upon filing a new bond: Provided, Such administrator or executor be qualified under the terms of this act. The said administrator or executor shall be personally liable, civilly and criminally, for his acts and those of his employes in conducting said business, and the estate of such decedent shall in no case be liable therefor.

Approved April 25, 1911.

[No. 171.]

AN ACT to provide for clerks for justice courts in cities of over twenty-five thousand and under one hundred thousand inhabitants, where the justices of the peace are paid a salary.

The People of the State of Michigan enact:

SECTION 1. In any city of this State of over twenty-five Justice clerk. thousand and under one hundred thousand inhabitants, where the justices of the peace are paid a salary the legislative body thereof may provide a clerk for each of the justices of the peace therein. Such clerks shall be appointed by the legislative body of the city, on the nomination of all of the justices of the peace of the city acting jointly, and after their appointment they shall be under the control and direction of said justices of the peace and subject to their orders.

SEC. 2.

Before any clerk appointed in pursuance of the Oath and provisions of the preceding section shall enter upon the bond. duties of his office, he shall take and subscribe the constitutional oath of office and furnish to the city a bond with such penalty as shall be fixed by the legislative body of that city, with sufficient sureties to be approved by such legislative body, conditioned on the faithful performance of his duties and for the paying over and accounting for all moneys received by him as such clerk, which bond after its approval shall be filed with the city clerk. Each clerk so appointed Salary. shall receive such salary as shall be fixed by the legislative body appointing him.

SEC. 3. Each clerk appointed under the provisions of this Powers of act is hereby empowered to take complaints in criminal clerk. causes and swear the complaining witnesses thereto. They shall also, by virtue of their office, be empowered to administer oaths to persons making affidavits for writs in civil causes and issue all civil processes and test the same in the name of either or any of the justices of the peace of the city.

SEC. 4. All fees in civil causes and all fines imposed in Fees, colleccriminal causes shall be collected by such clerks, and all such tion of. fees and fines received by each shall be entered in a book kept by him for that purpose and by him paid over to the city treasurer of the city at least once in each week, and at the close of each fiscal year the legislative body of the city shall cause an audit of the books of each of such clerks to be made for the purpose of ascertaining the correctness of the books kept, and the payment to the city treasurer of the moneys collected by him.

Approved April 25, 1911.

Sections amended.

Commissioned officers, how appointed.

Proviso.

[No. 172.]

AN ACT to amend sections twenty-two and forty-six of act number eighty-four of the public acts of nineteen hundred nine, entitled "An act to increase the efficiency of the military establishment of the State of Michigan, to make an appropriation therefor, and to repeal all former acts or parts of acts inconsistent with the provisions of this act."

The People of the State of Michigan enact:

SECTION 1. Sections twenty-two and forty-six of act number eighty-four of the Public Acts of nineteen hundred nine, entitled "An act to increase the efficiency of the military es tablishment of the State of Michigan, to make an appropriation therefor, and to repeal all former acts or parts of acts inconsistent with the provisions of this act," are hereby amended to read as follows:

SEC. 22. Commissioned officers of the Michigan national guard, unless otherwise specifically provided for in this act, shall be appointed by the Governor and duly commissioned in the grade to which appointed, as follows: Brigadier general of a brigade, from among the officers of the Michigan national guard above the rank of captain in the brigade; colonel of a regiment, from lieutenant colonel of the same regiment; lieutenant colonel of a regiment, from the senior major of the same regiment; major of a regiment, from the senior captain of the companies of the battalion in which the vacancy occurs; captain of a company, from the senior lieutenant of such company, first lieutenant of a company, from the second lieutenant of such company; second lieutenant of a company or a first lieutenant in organizations for which no second lieutenant is prescribed, except in the Medical Department, by election at which only officers and enlisted men who have been in the service six months or longer and who belong to the unit in which vacancy occurs, shall be entitled to vote, provided that a regiment may if it so desires have in the said regiment the senior captain of the regiment promoted to be major upon the occurrence of any vacancy in the grade of major which may occur in that regiment. This desire shall be so expressed to the Adjutant General by a vote taken thereon at any time when the officers of the regiment are together and notice shall have been given to each officer of the proposed action. The action taken shall be certified to the Adjutant General by the senior officer present with the regiment. Upon receipt of said notification the Adjutant General shall publish the same in orders and thereafter promotion in that regiment shall be had as in this provision is provided, but no regimental staff officer shall be promoted to the grade of major unless he shall have had at least five years' commissioned service in a company as captain or first lieutenant.