Press enter after choosing selection

The New Liquor Law

The New Liquor Law image
Parent Issue
Public Domain
OCR Text

AN ACT to ameiflJ seotiona one thotosaad six hundred and siiy-tw and on uaand six hundred and sixty-tnroo ' , eompiled laWs, beíngsectitma twa and three af the act ontitled Of the manufacture and saln of intoxicating i!i;nksis a beversge," approvcd Feb. thiiil, sightenñ hundred and fifty-five. HOS 1. Th' Peoph of fhe State of MMgan moet, ïhat sectisns ono thousand 'six hundred and sixty-two and one tbousand six hundred and sixty-tlireo 01 tlie compiled laws, being sections two and three of the act entitled "Of the manufacture and salo of intoxicating drinks M a bererege," npproved February thml, eightcen hundred and fifty-five, be ani the same is hereby aracnded so as to read as follows : (1662.) Sec. 2. All payraente for such liquors hcreafter sold in violation of law Bhall be considered as having been renoivrl without oonsidcrntion, and against 1 kW anti equity, and any money or other property paid therefor may bo recovered back by tho person so paying the same, his'wife, or any of his children, or his pvront, guardián, husband, or employer. and all sales, transfers, grants, ro1 ises, quit-claims, surrenden, movtgago, p'edges, and of real or personal estáte, and liens and aecurities thereoa, of whntevcr name or nature, und all c mtracts or agreaments relating thereti hei-eatter made, the oonsideration where of, eitlier in whole or in part, shall bav been fio sale or agreement to geil air Bucb. Hquor, sball be utterly nuil and voiJ against all persons and in all caset excepting only as against the holders of n igotiable securitics or the purchasers of p operty who may have paid therefor a luir price, and receivtd the same pon a valuable and fair oonsideration, without notice or knowledgn of such Ilegal conBideration ; nor shall any suit at law or in equity be had or maintained upon any contract or agreemeut whaterer, hereafter made, the consideration whereof shall De citlier wnouy or in pan me sme ot' such liquors in violation of law, excepting ouly when such suit is bropght by sncn bona Jitle holdcrs of negotiablc paper, or purchase of property without notico ; nor sball any demand arising upon any such contract or agreement ■w hatever be offered or allowed as a setoïï or defense in any action. That evcry wii'c, chíld, parent, guardián, busband, or other person, wbo shall be injured in person, property, rueans of suppoit, or otberwise, by any intoxicated person, or bv reason of the intoxication öf any per6on, shall have a right of action in bis or her own name against anjr person or persons who shall, by selling or giving any intoxicating liquor or otherwise, have oaused or coutributed to the intoxieation of such person or persons; and in any such acüon the pluintitt' shall have a right tö recover actual und exemplary damages. And the owner or lessee, or person or persons, renting or leasing any building or premises, having knowledge that iutoxioating liquors are to be sold thorein at retail as a beveragc, shall be liable, seveially or jointly, with the person so sulling or giving intoxicating liquors, as aforesaid. And in every action by any wife, D mu, parent, or i::n:u, geiiuiïii icpuiaiioii oí the relation of lnisbund and wifo, liarent and ohild, shall be prima : facie eriden '.o of sueh relation, and tho . amount recovered by every wife or child shall be his or her sole and separato property. Any salo or gift of intoxicating Hquors by the lessee of any premises, resulting in damage, shall at tho option of the lessor, work a forfeiture of his lcaso ; and tho '' circuit court in chanceryniay enjoia the B ile or giving away of intoxicating j li juors by any lcssce of premisos which i miy resultin li ss, damage, orliability, to th i lessor or any person claiming under such lessor. (1663.) Sec. 3. If any person, by himself, his clerlc, agent, or servant, shall, directly or indirectly, sell or kecpfor Bale, contrary to law, any such liquor, he shall forfeit and pay, on the fi'rst convictiou, tw Dty-flve dollars and the costs of suit or prosecution, and shall be at once committed to tho comiuon jail of the county until tho same bo paid. On the second couviction for the like offense, he shall forfeit and pay tifty dollars und the costs of suit or prosecution, iiiid símil be committed as aforesaid until the semo be paid. On the third andevery subs;quent conviction, he shall forfeit and pay one hundred dollars and costs, and shall, in addition to such forfeiture, be ituprisoned in such jail nol loss than three nor more than six months : Protided, That on a first or second convietion, such person shall not be committed ior more thau three months from the date of tbe conviction : l'rotided, ïhat it shtill in no Caso be any defense that the person has been betere convicted ono or more tiines, but he may be prosecuted at any time, or any nuruber of times, as for a fint ofiense, if the several prosecutions are for disümt offenses. Any person who shall be drunk or intoxicaÉed in any hotel, tavern, inn, saloon, or place of public business, or in any assemblage of people collected together in any place for any purpose, or in any street, lane, alley, highway, or lailway car, by drinking intoxicating liquors, shall, on conction thereof," be punished by a fine of five dollars and tlie costs ot' prosecution, or be punished by imprisonment in the common jail of the county not excc.eding twenty days, or by both such fine and imprisonnient, in tho discrotion of the court. Sec. 2. This act shall take immediate effect. Approved April 20, 1871.


Old News
Michigan Argus