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These are, therefore, to command you in the name of the people of the State of Michigan, together with the necessary and proper assistance to enter into (here describe the house or place designated in the affidavit) of the said..

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in the county aforesaid and there diligently search for the said intoxicating liquors and implements, to-wit: (Here describe the articles as in affidavit) and that you bring the same or any part thereof found in such search forthwith before me to be disposed of and dealt with according to law. Given under my hand this.....

day of......

.A. D..

Official Title.

SEC. 30. If fluids be poured out, secreted, or otherwise when fluids held to be destroyed by the owner or occupant of the premises or by prima facie any tenant, assistant or other person, when the premises are intoxicating liquor. searched or to be searched, manifestly for the purpose of preventing their seizure by officers authorized to make such search and seizure, said fluids shall be held to be prima facie intoxicating liquor and intended for unlawful sale.

by whom

SEC. 31. When liquors, vessels or furniture are seized as Seizure, provided in the preceding sections, the officer who made such statement of, seizure shall in his return upon the warrant, make a state- made. ment setting forth their seizure by him and their place of detention and they shall be held by said officer subject to order of the court. Upon final judgment of the court on the Disposal. complaint provided for in section twenty-eight, such intoxicating liquors shall be returned to their lawful owner in case of acquittal or destroyed or be otherwise disposed of according to the order of the court in case of conviction. When When warrant liquors, vessels or furniture shall have been seized by virtue not held void. of any such warrant, said warrant shall not be held void, nor such liquors, vessels or furniture returned to any person claiming the same by reason of any alleged insufficiency of

the description in the complaint or warrant: Provided, Proviso.
That a new complaint or warrant shall issue within twelve
hours.

warrant.

SEC. 32. If no one is found in possession of the premises when officer where such liquors may be found, the officer taking the same to post shall post in a conspicuous place on said building or premises a copy of his warrant and take possession of such liquors, vessels and furniture and hold them subject to the order of the court or magistrate issuing the warrant and make return of his doings thereon. Whereupon it shall be the duty of Hearing, etc. the magistrate to fix a time for hearing and determining the purpose for which such liquors are kept and issue notice thereof to the officer who shall post a copy thereof on the building or premises where the liquors were found. If at the time fixed for said hearing no person or persons appear, nor within thirty days thereafter, to claim such liquors, vessels

Search warrant,

when to be issued.

Who may accompany officer.

Writ of

or furniture the magistrate or court shall order the same destroyed.

SEC. 33. No warrant shall be issued to search a private residence occupied as such unless it or some part of it is used as a store or shop, hotel or boarding house, or for any other purpose than a private residence or unless such residence is a place of public resort.

SEC. 34. The person making affidavit for the warrant to search any place may, personally or by agent, accompany the officer who serves the warrant and enter the place with such officer and give information, and assistance if requested, to such officer in searching such place for such intoxicating liquors as herein before described.

SEC. 35. Liquors, vessels and furniture seized as hereinreplevin, etc. before provided, shall not be taken from the custody of the officer by a writ of replevin or other process while the proceedings herein provided are pending.

Shipments.

Books, etc., open for inspection.

Refusal, penalty for.

What held to be place of sale, etc.

Prima facie evidence.

SEC. 36. All shipments of any of the liquors referred to in section one of this act from any point within the State consigned to any point within any county wherein the provisions of this act are in operation to be paid for on delivery, commonly called C. O. D. shipments, shall be held to be sales made at the place of destination in violation of the provisions of this act.

SEC. 37. The books and way bills used by any common carrier or any other person, firm or corporation in handling, shipping, transporting or delivering any liquors mentioned in section one of this act, shall be open to inspection at all times during business hours by any public official of said county or counties whose duty it is to enforce the law for the purpose of tracing such liquor to shipper or receiver and said public official shall be permitted to make copies of any part of said books or way bills relating to the transporting or shipping of any such liquors. Every person, firm or corporation or official, agent or employe thereof, who shall refuse to comply with the demands of any such official to permit the inspection of such books and way bills or the making of such copies shall upon conviction thereof be sentenced to pay a fine of not less than fifty dollars and not more than five hundred dollars or to imprisonment in the county jail not less than ten days nor more than six months or both such fine and imprisonment in the discretion of the court.

SEC. 38. The keeping or having in any house or building, or in any room or place occupied by any person, corporation, club, association or society, except a private residence occupied as such, of any of the liquors mentioned in section one of this act for the purpose of selling, giving away or furnishing to those frequenting such place, or to others, shall be held to be the keeping of a place where intoxicating liquors are sold, furnished or given away. Proof of consumption or intended consumption of any of the liquors mentioned in section

one of this act by any person visiting, resorting to or frequenting any of the places mentioned in this section shall be prima facie evidence of the sale, giving away, or furnishing of such liquor or beverage to such person in violation of the provisions of this act.

subpoena.

testify.

SEC. 39. Whenever complaint shall be made by any person, Justice, etc., on oath, before any justice of the peace, in any county to issue wherein the provisions of act number two hundred seven of the public acts of eighteen hundred eighty-nine, as amended, have been adopted, or other officer or magistrate having jurisdiction, that any person is found intoxicated, or has been intoxicated in any hotel, store, public building, street, alley, highway, or other public place, 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, or who has been intoxicated, as aforesaid, to appear before the justice or court issuing the same, to testify in regard to the person or persons of whom, and the time when, and the place where, and the manner in which the liquor producing his intoxication was procured; and if such person, when sub- May compel poenaed, shall neglect or refuse to obey such writ, the said attendance. 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 What to appear before the justice, municipal or police court, to testify as aforesaid, he shall 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 contributed to the cause of the intoxication mentioned in the complaint? And if such Penalty for person shall refuse to answer fully and fairly such questions, on oath, he shall be punished and dealt with in the same manner as for a contempt of court as in other cases. shall appear from the testimony of such person that any of the offenses specified in this act have been committed, such justice or court, before whom such testimony is given, shall make a true record of the same and cause it to be subscribed by such witness; and the said testimony or answers, 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 the rules of law applicable thereto as in other criminal cases: Provided, That the person so testifying under the provisions Proviso. of this section shall not be held or prosecuted for the intoxication concerning which such testimony shall be given:

refusal.

If it Testimony, record of.

Further proviso.

Provided further, That nothing herein contained shall be so
construed as to prevent prosecuting persons for becoming
drunk or intoxicated when the testimony of said person is not
sought under the provisions of this section.
Approved May 19, 1909.

State

Treasurer to file report.

When Governor to file report; with whom.

auditors, duty of.

[No. 108.]

AN ACT authorizing the Board of State Auditors to contract debts and borrow money to meet deficits in the revenue of this State.

The People of the State of Michigan enact:

SECTION 1. Whenever there shall be an insufficient amount of money in the general fund in the State treasury to meet the current expenses of the government of the State or to pay the amount of any general or special appropriation of money What to show. appropriated by the legislature, it shall be the duty of the State Treasurer to make and file with the Governor a written report which shall show in detail the exact amount of money on hand in the State treasury, the amount of money, if any, in State depositaries, and the amount on hand in the various funds. Upon receipt of such report from the State Treasurer the Governor may, if he deems it necessary and advisable for the State to contract debts or borrow money, file a copy of said report with the clerk of the Board of State Auditors and attach thereto his recommendation in regard to the action Board of state which he deems it advisable to be taken. It shall be the duty of the Board of State Auditors to meet on the Wednesday following the day when such report and recommendation is filed with its clerk, and if in its judgment it is necessary and advisable to contract debts or borrow money to meet deficits in revenue, it shall adopt such method as shall be deemed proper to borrow the amount agreed upon; and the said board is hereby authorized to borrow money and contract debts for and in behalf of the people of the State of Michigan and upon the faith and credit of this State. It shall be the duty of the said Board of State Auditors to cause said loan to be made at the lowest rate of interest that is deemed advisable; and upon the most favorable terms; and the length of time for which the loan shall be made, the manner of payment, and all other conditions in connection therewith shall be such as the said Board of State Auditors shall prescribe: Provided, however, That the total amount which may be borrowed in pursuance of this act shall not exceed the sum of two hundred fifty thousand dollars. All

Loan, how made.

Proviso, amount limited.

amount, etc.

money that may be borrowed in pursuance of this act shall be
paid into the general fund in the State treasury and disbursed
only on the warrant of the Auditor General for such purposes
as money in the general fund may be used. It shall be the Board to file
duty of the Board of State Auditors to file with the Auditor statement of
General and State Treasurer a statement showing the amount
of money borrowed and the purposes therefor, and it shall be
unlawful for the Auditor General to draw a warrant or for
the State Treasurer to pay out any money so borrowed for
any other purpose than that indicated in the statement of
the Board of State Auditors. For the purpose of providing To be in-
for the payment of debts contracted or loans made under corporated in
authority of this act, the Auditor General shall add to and
incorporate in the next State tax levied after any such loan
is made or debt contracted the amounts so borrowed which
shall be assessed upon the taxable property of the State and
shall be incorporated in the State tax as aforesaid. Such
amount when collected shall be retained in the State treas-
ury for the purpose of paying any such debt contracted or
loan made by the Board of State Auditors under authority
of this act.

This act is ordered to take immediate effect.
Approved May 19, 1909.

state tax.

[No. 109.]

AN ACT to amend section two of act number three hundred eighteen of the public acts of nineteen hundred seven, entitled "An act to provide for the incorporation of mutual benefit societies, membership in which is confined to members of a particular religious denomination."

The People of the State of Michigan enact:

SECTION 1. Section two of act number three hundred eight- Section een of the public acts of nineteen hundred seven, entitled amended. "An act to provide for the incorporation of mutual benefit societies, membership in which is confined to members of a particular religious denomination," is hereby amended to read as follows:

benefit.

SEC. 2. No corporation organized under the provisions of Limit of sick section one of this act shall pay a death or funeral benefit in or funeral excess of twelve hundred dollars upon the death of any member or his wife, nor shall such corporation pay a sick benefit to any member in excess of six dollars per week, and they may insure their children from the age of five years to seventeen years inclusive, for a sum not to exceed one hundred dollars.

Approved May 19, 1909.

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