intoxicating agents Ha ing. intemperate drink, pap Sec. 15 The giving away of intoxicating liquors, or any other shift Giving away or device, with intent to evade the provisions of this act; shall be deemed liquors, &c., deemed unan unlawful selling, within the meaning of this act, and every person lawful selling. who, as clerk, agent or servant of another, shall sell any such liquor, Clerks or shall be deemed equally guilty as his principal, and may be prosecuted ble for sellfor such selling. And if any person shall knowingly solicit or encour- Soliciting age any person who has previously used intoxicating drinks habitually, persons to or injuriously, to use as a beverage any such liquors; or if he shall vol- ished. untarily, directly or in lirectly give any such liquors, or cause the same to be given, to such person; or shall, with the intention of having such person drink or use them, place any such liquors. or cause or procure the same to be placed where such person may obtain them to be used as a beverage, such person so offending shall be subject to the penalties and forfeitures provided in this act against selling such liquors. found intox Sec. 16. Whenever complaint shall be made on oath, before any Persons justice of the peace in any county, or any municipal or police court of icated, required to any city or village, that any person is found intoxicated in any tavern, testify. store, shop, public building, street, alley, highway, or place, other than a private dwelling house; or where complaint on oath shall be made before such justice, municipal or police court, by the wife or by any child of sufficient age and discretion to make oath, of any person found intoxicated in any dwelling house in such county, it shall be the duty of such justice, municipal or police court, to issue a subpoena to compel the attendance of such person so found intoxicated as aforesaid, to appear before the justice or court issuing the same, to testify in regard to the person or persons, and the time when, the place where, and the manner in which, the liquors producing his intoxication was procured; and if such person when subpoenaed, shall neglect or refuse to obey such writ, the said justice or court who issued the same shall have the same power and authority to compel the attendance of the person so subpoenaed, and to enforce obedience to such writ, as in other civil cases. Whenever the person so subpoenaed shall appear before the justice, municipal or police court, to testify as aforesaid, he chal! be required to answer on oath the following questions, to-wit: When, where, and of whom did you procure, obtain or receive the liquor or beverage, the drinking or using of which has been the cause of the intoxication mentioned in the complaint! And if such person shall refuse to answer Questions to answer, how dealt with. Court to make record Refusing to fully and fairly such question on oath, he shall be punished and dealt with in the same manner as for a contempt of court, as in other cases. If it shall appear from the testimony of such person that any of the of testimo- offences specified in this act have been committed in this State, such justice or court before whom such testimony is given, shall make a true ny rant to is aue. record of the same, and cause it to be subscribed by such witness; and When war the said testimony or answer, when subscribed as aforesaid, shall be deemed and taken to be sufficient complaint to authorize the issuing of a warrant to arrest any person or persons who may appear from said complaint to be guilty of having violated any of the provisions of this act. Any person arrested on a warrant issued pursuant to the provisions of this section, shall be brought before the justice or court issuing the same, and all subsequent proceedings in such suit or prosecution shall be governed by, and subject to, the provisions of this act, and all other rules of law applicable thereto. Forfeitures, bow applied. Penalty for refusing to cess, &c. Sec. 17. All forfeitures and sums of money arising under this act, upon any recognizance or bond, after payment of the costs of prosecution or suit, shall be paid over to the treasurer of the proper county, to be applied to the support of the poor, in accordance with the laws relating to the support of poor persons by counties; and all other fines and forfeitures, arising under this act, shall be paid over and applied according to the constitution and provisions of law. Sec. 18. If any sheriff, under-sheriff, deputy sheriff, constable, city serve pro- attorney, city or village marshal, prosecuting attorney, or other person, whose duty it is to serve process, or carry into effect any of the provisions of this act, shall refuse or neglect so to do without good cause, he shall be deemed guilty of a misdemeanor, and on conviction thereof, he shall be fined or imprisoned, as in other cases of misdemeanor; and in addition to such punishment, he may be adjudged to have forfeited his office, and may be removed by competent authority. Whenever the prosecuting attorney is mentioned in this act, the district attorney of the Upper Peninsula shall be considered as equally intended. Manufac ture of alco merce. Sec. 19. This act shall not be construed as prohibiting the manufacbol of com-ture of the alcohol of commerce, containing not less than eighty parts in the hundred of pure alcohol: Provided, That the manufacturer shall not be at liberty to sell the same within this State, excepting only to the wine from grapes. persons who may have given bonds, pursuant to section fourteen of this act; and any other sale of such alcohol shall be deemed to be within the prohibitions, penalties and forfeitures of this act; nothing contained in this act shall be construed to prohibit the making of cider from ap- Cider and ples, or wine from grapes or other fruits, grown or gathered by the man- domestic ufacturer thereof, (if made in this State and free from all other intoxi- apples and cating liquors,) but in no case shall such cider be sold in a less quantity than ten gallons, or such wine be sold in a less quantity than one gallon, and sold to be, and be all taken away at one time; and all sales of such cider in less quantity than ten gallons, or of such wine in less quantity than one gallon, or to be drank or used on the premises, shall be an unlawful sale in the meaning of this act, and be punished accordingly. to apply to ported und'r in original Sec. 20. The provisions of this act shall not be construed to apply This act not to such liquors as are of foreign production, and which have been im- liquors imported under the laws of the United States, and in accordance there- U. S. laws, with, and contained in the original packages in which they were impor- packages. ted, and in quantities not less than the laws of the United States prescribe. To entitle any liquors to the exemption contained in this section, it must be made to appear by positive proof that they are of the character in this section described; nor shall cnstom-house certificates Proof. of importation, and proofs of marks on the casks or packages corresponding therewith, be received as evidence that the liquors contained in such packages are those actually imported therein. Acts re Sec. 21. The act entitled "an act prohibiting the manufacture of intoxicating beverages, and the traffic therein," approved February pealed. twelfth, one thousand eight hundred and fifty-three, and all laws inconsistent with this act, are hereby repealed, saving all rights of action which may have accrued under either of said acts, and all pending suits under the same, which may be prosecuted tofinal judgment in the same manner and with the like effect as if said acts were not repealed. Approved February 3, 1855. 4 Section 1 amended. Where Co. ag' society ally $100, or cers may [ No. 18. ] AN ACT to amend an act entitled "an act for the encouragement of agriculture, manufactures, and the mechanic arts," approved March 10, 1S49. SECTION 1. The People of the State of Michigan enact, That section one of an act for the encouragement of agriculture, manufactures, and mechanic arts, be so amended as to read as follows: "Section 1. In any county in this State, where the inhabitants thereof raise annu- have organized and established, or may hereafter organize and establish more, offi- a society for the encouragement and advancement of agriculture, manueertify, &c. factures, and the mechanic arts, and shall raise from said society annually the sum of one hundred dollars or over, for the promotion of the above objects, in said county, which fact shall be certified by the president and secretary of the society under oath, and a certificate thereof shall be filed with the clerk of the board of supervisors. The board of Supervisors supervisors of said county, at their annual session in each and every levy a tax. year, are hereby required to levy a tax of not less than one-fortieth, nor more than one tenth of one mill on the dollar, on the assessment roll of the county, which tax shall be collected and paid to the treasurer of the county, in the same manner that other taxes are collected and paid. Approved February 6, 1855. required to May have business this State. [No. 19.] AN ACT supplementary to an act entitled "an act to authorize the formation of corporation for mining, smelting or manufacturing iron, copper, mineral coal, silver, or other ores or minerals, and for other manufacturing purposes," approved February 5, 1853. SECTION 1. The People of the State of Michigan enact, It shall office out of be lawful for any mining company, associating under the act to which this is supplementary, to provide in the articles of association for having the business office of such company out of this State, at any place within the United States, and to hold any meeting of the stockholders or directors of such company, at such office so provided for; but every such company having its business office out of this State, shall have an office for the transaction of business within this State, to be also desig nated in such articles. But shall also have an office in this State. ing, where Sec. 2. The first meeting of every such association, having its busi- First meetness office out of this State, may be held either in this State or at such held. business office; and if held at such office, notice thereof shall be pub-Notice to be lished for fifteen days previous thereto, in some newspaper published in the city of Detroit, and also in the county in which said office may be located. published. feited, where and notice of published. Sec. 3. All stock in any company organized under the law to which stock forthis is supplementary, forfeited for non-payment of assessments, and be- to be sold; longing to residents of this State, shall be sold within this State; such sale, how as may belong to residents of the Upper Peninsula, to be sold at the county seat of the county in which such mine is located; and thirty days notice of such sale shall be given in some newspaper published in said Upper Peninsula; and if none be published there, then in some newspaper published in the city of Detroit; and such stock as shall belong to residents of the Lower Peninsula, shall be sold at the office of the company, if there be one in the Lower Peninsula, and if there be no such office, then at the city of Detroit, thirty days notice of such sale being previously given in some newspaper published in the county where such sale is to be made. legalized. Sec. 4. All meetings and all corporate acts heretofore had by any Certain acts company organized under the law to which this is supplementary, beyond the limits of this State, and within the United States, shall be held and the same are hereby made to be legal and valid: Provided always, Proviso. That such meetings and acts would have been valid, if had within this State. Companies cial charter may dissolve ize under to name in Sec. 5. Any mining company organized and doing business under any special charter, may at any time, by a vote of a majority in interest under speof its stockholders, dissolve its organization, and organize under the act and organto which this is supplementary; and any company so organizing under this act. said act, shall have the right, in preference to any other company, to Preference assume the name by which it was known in its former charter: Provi- such case. ded, It perfects its organization within sixty days after dissolving its special charter; and after perfecting its organization, according to the Rights and provisions of said act, it shall be entitled to all the rights, privileges, ter reorgan and immunities therein contained, and the property effects and rights of action of the company shall pass to, and be vested in the company so organized under the acts to which this is supplementary, and the debts, habilities af ization. |