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The New Prohibitory Law

The New Prohibitory Law image
Parent Issue
Day
28
Month
April
Year
1871
Copyright
Public Domain
OCR Text

HECïrrji 1. The People of the StaU of {iehigan cnact, Thát áection 1662 and 683 of tlie oompiled laws, beirig aections and 3 of the act entitlod "Of thó fiiftiifacture and sale of intoxicating drinkg s ii beverage," approved Feb. 3, 1855, be nd the sanie 13 hereby amended so án to oad as follows : (1662) Sec. 2. All payments for auch quors hereafter sold in violation of law hall be considered as having been reeivcd without eonsidoration, and against aw and oquit-v. and any money or othor roperty paid tnerofor may be recovofed uck by the person so paying the same, lis wife or any of his cuildrou, or his paent, guardián, husband or euvployer, and all salos, transfers, grants, releases, quit laihis, sürrenders, mortgages, plodgos, nd attacliinents of real and personal esate, and Hens and socurities theroori, of ha! ever name or nature, aud all conructs or agreemonts relating thoreto, ïereaftor made, tho considera ti on ■whoref, either in wholo or in part, shall have 'ooit tho sale or agroemont to soll auy uoh liquor, shall be uttovly nuil and void gaiiist all persons and ia all casos, exeptinsf only as against the holdov of negotiablo securities or the purnhasers of roperty who may huve paid thorefor a air price and roceived tho same upon a valuablo and fair consideration ; nor shall ny suit at law or in equity be had or inintainod upon any contract or agreement, whatever, hereaftcv made, the conidoratiori wheroof shall bo either Wholiy r in part tho salo of such liquors in vioation of law, excepting only when such uit is brought by such bima Jide holders f negotiablo paper, or purchaso of proprty without notiee, nor shall any demand arising upon any such contract or igréomcnt, whatever, bo ofïerëd or alowed as a set off ordefense in any action. 'hat every wife, child, parent, guardián, ïusband, or other person, who shall be njured in person, property, mpansof suplort or otlioi"wiso, by any intoxica ted peron, or by roason of the intoxication of ny person, shall havo a right of action in lis or her own name against any person r persons who shall, by selling or giving ny intoxicatinp; liquor or otherwiso, have aused or eontributed to the intoxication f sucJi person persons ; and in any üoh aclion the plaintiff shall have a right o recover actual and oxemplary damages. .nd the owner or lessee, orporson or perons, renting or leasing any building or jremises, having knowledge tlat intoxiatini liquors a); to be sold therein at otail as a beverage, shall be Hable B8V9Tlly or jointly, with the person so selling r giving intoxicating liquors, as aforolaid. And in every action, by any wife, rasband, parent or child, the general eputation of the relation of husband and ife, parent and child, Rhall be prima acie evidenco of such relation, and the mount recovered by every wife or child hall bo his or her solo and separate proprrfy. Any salo or gift of intoxicating iquors by the lessee of any promises, remlting in damage, shall, r.t Ihö dption of essor work a forfeiture of his lease ; and iio circuit court in chancery may onjoin be sale or giving away of intoxioritiup: iquors by any Leggee of premises which i:iy result in loss. daman-c m tr. ucn lessor. (1663) Sec. 3. If any person by himclf, his clerk, agent or servant, shall diectly or indiroetly, sell or keep for sale, ontrary to law, any suoh liquor, he shall 'orfeit and pay, on the first conviction, 125 and the eosts of suit or prosecution, and shall 1 at once eommittad to the comiuon jail of the eounty until tlie same e paid. On the seoond cónviction for he like offense, he shall forfeit and pay ' Í50 and the eost of snit or prosocution, ■md shall be comiuitted as aforesaid until ;ho same be paid. On the tliird and every subsequent conviction, he shall forfeit and pay $100 and costa, and shall, in addition :o such forfoituro, be imprisoned in such iail not less than three or more than six ruonths : Provided, That on a first or seeend convio.tion, such persons shall not be eommitted for more than three months from the date of tlie eonviotion : Providtd, That it shall in no case be any dcfense that the person has been bof ore eonvicted ono or more times, but he may be prosecuted at any time, or any number of times, us for a first offense, if the scveral prosecutions are for distinct offenses. Any person, who shall be drnnk or intoxicated in any hotel, tavorn, inn or saloon, or place of public business, or in any assemblage of persons convoned together in any place for any purpose, or in any street, alley, lane, highway, or railway car, by drinking itltoxicatüig liquors shall, on cóuviction thercof, be punisbed by a ftne of fivc dollars, and tho costs of the prosceiitioh, or bo punishcd by iniprisoninent in the common jail of the county not exceeding '20 days, or by both such fine and imprisonment in the disnretion of tho courU

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Subjects
Old News
Michigan Argus