Act not to apply to telegraph, etc. SEC. 9. This act shall not apply to the transmission or use of electricity for the purpose of conveying intelligence by telegraph, telephone or other methods now or hereafter adopted therefor. Approved May 19, 1909. Sections emended and added. [No. 107.] AN ACT to amend sections one, sixteen and twenty-five of act number two hundred seven of the public acts of eighteen hundred eighty-nine, approved June twenty-nine, eighteen hundred eighty-nine, entitled "An act to prohibit the manufacture, sale, keeping for sale, giving away, or furnishing of vinous, malt, brewed, fermented, spirituous or intoxicating liquors, or any mixed liquor or beverage, any part of which is intoxicating, and to prohibit the keeping of any saloon or any other place for the manufacture, sale, storing for sale, giving away or furnishing of such liquors or beverages, and to suspend the general laws of the State relative to the taxation and regulation of the manufacture and sale of such liquors in the several counties of this State under certain circumstances; to authorize the qualified electors of the several counties of this State to express their will in regard to such prohibition by an election, and to authorize and empower the boards of supervisors of the several counties, after such election, if they shall determine the result to be in favor of such prohibition, to prohibit the manufacture, sale, keeping for sale giving away or furnishing of any such liquors, or the keeping of a saloon or any other place for the manufacture, sale, storing for sale, giving away or furnishing of the same in their respective counties, and to provide for penalties and rights of action in case of its violation," as amended and added to by act number one hundred eighty-three of the public acts of eighteen hundred ninety-nine, approved April eighteen, eighteen hundred ninety-nine, and by act number one hundred seventy of the public acts of nineteen hundred three, approved June three, nineteen hundred three, and to add fourteen new sections to stand as sections twentysix, twenty-seven, twenty-eight, twenty-nine, thirty, thirtyone, thirty-two, thirty-three, thirty-four, thirty-five, thirtysix, thirty-seven, thirty-eight and thirty-nine. The People of the State of Michigan enact: SECTION 1. Sections one, sixteen and twenty-five of act number two hundred seven of the public acts of eighteen hundred eighty-nine, approved June twenty-nine, eighteen hundred eighty-nine, entitled "An act to prohibit the manufacture, sale, keeping for sale, giving away or furnishing, any vinous, malt, brewed, fermented, spirituous or intoxicating liquors, or any mixed liquor or beverage any part of which is intoxicating, and to prohibit the keeping of any saloon or any other place for the manufacture, sale, storing for sale, giving away or furnishing of any such liquors or beverages and to suspend the general laws of the State relative to the taxation and regulation of the manufacture and sale of such liquors in the several counties of this State under certain circumstances; to authorize the qualified electors of the several counties of this State to express their will in regard to such prohibition by an election, and to authorize and empower the board of supervisors of the several counties, after such election, if they shall determine the result to be in favor of such prohibition, to prohibit the manufacture, sale, storing for sale, giving away or furnishing of any such liquors, or the keeping of a saloon or any other place for the manufacture, sale, storing for sale, giving away or furnishing of the same in their respective counties, and to provide for penalties and rights of action in case of its violation," as amended and added to by act number one hundred eighty-three of the public acts of eighteen hundred ninety-nine, approved April eighteen, eighteen hundred ninety-nine, and by act number one hundred seventy of the public acts of nineteen hundred three, approved June three, nineteen hundred three, are hereby amended, and fourteen new sections are added thereto to be known as sections twenty six, twenty-seven, twentyeight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six, thirty-seven, thirty-eight and thirty-nine, said amended and added sections to read as follows: lawful to etc. SEC. 1. It shall be unlawful for any person directly or Vinous, etc., indirectly, himself or by his clerk, agent or employe, to manu- liquors, unfacture, sell, keep for sale, give away or furnish any vinous, manufacture, malt, brewed, fermented, spirituous or intoxicating liquors, or any mixed liquor or beverages, any part of which is intoxicating, or keep a saloon or any other place where any such liquors are manufactured, sold, stored for sale, given away or furnished in any county of this State on and after the first day of May next following after the adoption by the board of supervisors of such county of a resolution prohibiting the same, as provided by section thirteen of act number two hundred seven of the public acts of eighteen hundred eighty-nine, as amended, so long as said resolution remains unrepealed: Provided, however, That the provisions of this Proviso, section shall not apply to druggists, or registered pharmacists, when not to selling any such liquors under and in compliance with the restrictions and requirements imposed upon them by the general apply. Penalty for violation. Subsequent offenses. Druggists to make statement; what to contain. Consignments, laws of this State and sections twenty-five and twenty-six of this act as amended. SEC. 16. Any person, who himself, or by his clerk, agent or employe, shall violate any of the provisions of this act shall, for the first offense, be deemed guilty of a misdemeanor and upon conviction thereof be sentenced to pay a fine of not less than fifty dollars nor more than two hundred dollars, and the costs of his prosecution, and to imprisonment in the county jail not less than twenty days nor more than six months, in the discretion of the court. For the second and every subsequent offense so committed, whether in the same or any other county in this State where the provisions of this act are operative, he shall, upon conviction thereof, in any court of competent jurisdiction, be sentenced to pay a fine of not less than one hundred dollars nor more than five hundred dollars, and to imprisonment in the State House of Correction and Reformatory at Ionia for a term of not less than six months nor more than two years, in the discretion of the court. SEC. 25. Every druggist keeping a drug store in any county adopting prohibition under this act shall make and swear to, or cause to be made and sworn to a true written or printed statement signed and duly sworn to by himself or his clerk, on Monday of each and every week, giving the full name and residence of every person procuring liquor at his drug store during the last week, the kind and quantity of liquor procured, and the date of procuring the same and the object for which each purchase was made, and on such Mondays shall deliver or mail, prepaying the postage thereon, the same to the prosecuting attorney of the county where such store is situated, who shall preserve the same in his office, and all such statements shall be open to the inspection of all citizens. Every such druggist so keeping a drug store in any statement of, county adopting prohibition under this act shall make and swear to or cause to be made and sworn to a true written or printed statement signed and duly sworn to by himself or his clerk on the first Monday of each and every month, giving the number of consignments of liquors received by the drug store over which he shall have charge since making his last previous monthly statement, the dates when such consignments of such liquors were received, the kind and quantity of such liquors so received, and the name of the person or persons, firm or firms, corporation or corporations from which such liquors were purchased, and on said first Monday of each and every month shall deliver or mail, prepaying the postage thereon, the same to the prosecuting attorney of the county where such store is situated, who shall preserve the same in his office, and all such statements shall be open to the inspection of all citizens. what to contain, etc. To sell only on physicians' prescription. SEC. 26. Every druggist keeping a drug store in any county adopting prohibition under this act shall by himself or his clerk be permitted to sell such vinous, malt, brewed, prescription fermented, spirituous and intoxicating liquors for medicinal purposes, but only on the written (not printed or typewritten) prescription of a regular, practicing physician: Provided, That the physician making such prescription shall Proviso, tate therein the name of the person for whom such liquor what to state. is prescribed, the kind and quantity of liquor prescribed, and shall issue the same in good faith and upon personal knowledge that the physical condition of the person for whom such liquor is prescribed requires the same for medicinal purposes; or upon the written and signed application of the superintendent of any hospital, medical or educational institution where such liquors are used only for medicinal or scientific purposes. Such druggist or clerk shall, before delivering Record of such liquor to a purchaser, enter the full name and residence sales. of such purchaser, together with the kind and quality [quantity] of liquor procured, the date of procuring the same and the object for which such liquor was procured, in a blank book which shall be kept for that purpose by druggists keeping a drug store, and after having once filled any such prescription or application so made, as aforesaid, shall write or stamp across the face thereof the word "cancelled," together with the date when such prescription or application was filled and shall sign his name thereto. Each such pre- Filing of, scription or application shall be plainly written, dated, and with prossigned by the full name of the maker thereof, and a true copy attorney. of all such prescriptions or applications filled by any such druggist shall be filed by him with the prosecuting attorney of the county wherein such drug store is located at the time. of filing his report of sales as is hereinbefore required. Every When such druggist, so keeping a drug store as aforesaid, shall be alcohol, etc.. permitted to sell pure alcohol or any vinous, fermented or application of spirituous liquors for art, chemical, scientific or mechanical purchaser. purposes, but only on the written application of the purchaser stating the purpose for which such liquors are purchased, which application shall be subscribed and sworn to by the person making such purchase. All such statements so received, and filled by any such druggist, shall be cancelled, dated, signed, and filed in the manner herein before prescribed for medicinal prescriptions and applications. It shall be the Secretary of duty of the Secretary of State to prepare printed blank forms conforming to the provisions of this act, and to furnish forms. the same in proper quantities to the clerks of the several counties operating under the provisions of this act. Said clerks shall furnish the said blanks to druggists making application therefor, and druggists shall use such blank forms when making reports to the prosecuting attorney. ecuting to be sold on State to prepare blank issue SEC. 27. If any person makes a sworn complaint or affida- When vit before any magistrate authorized to issue warrants in magistrate criminal cases, that he has reason to believe and does believe warrant. that any of the liquors mentioned in section one of this act, are being manufactured, sold, furnished, or given away as a beverage or kept for the purpose of being sold, furnished or given away or that any such liquors are stored, temporarily or otherwise, in any depot, freighthouse, express office, or in any other building or place with the apparent intention of being delivered for the purpose of being sold, furnished, or given away contrary to the provisions of this act, such magistrate shall immediately issue his warrant to any officer whom the complainant may designate, having power to serve criminal process, commanding him to search the premises described and designated in such complaint and warrant, and if such liquors are there found, to seize the same with the vessels in which they are contained and all the implements and furniture used and kept for such illegal selling, furnishing, giving away or storing of such liquors and them safely Liquors, etc., keep and make immediate return on said warrant. when used as liquors, furniture and implements used for such manufacturing, keeping or selling shall be held subject to the order of the court or magistrate to be used as evidence in the prosecution of any case for the violation of this act. evidence. Complaint, filing of. complaint. Such SEC. 28. When such intoxicating liquors, or implements, vessels or furniture are seized as herein before provided, the officer serving the warrant shall forthwith file a complaint in writing and on oath, charging the violation of the law Neglect to file which the evidence in the case justifies. If such officer refuses or neglects to file such complaint, then the person filing the affidavit for a search warrant or any other person may file such complaint, but nothing herein contained shall prevent any person or officer filing such complaint before the search warrant is issued or served, and all intoxicating liquors, vessels, furniture and implements seized may be used as evidence at the trial or hearing based upon such complaint charging the violation of this act. When warrant to be issued. Proviso. To whom directed. Form of warrant. SEC. 29. No warrant for search shall be issued until there has been filed with the magistrate an affidavit describing the house or place to be searched, the things to be searched for, and alleging substantially the offense in relation thereto, and that affiant believes and has good cause to believe that such liquor is there concealed: Provided, however, That any description that will enable the officer to find the house or place to be searched shall be deemed to be sufficient. The warrant for search shall be directed to the proper officer and shall show by a copy of the affidavit inserted therein or annexed and referred to, or recite, all of the material facts alleged in the affidavit and describe the thing to be searched for and the place to be searched. A warrant for search and seizure substantially in the following form shall be sufficient: The State of Michigan. County, ss. To .... |